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File ID: #13854
Losi9
Resolution
Sponsored by: Commissioner Joe Carollo
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY')
AND JENNY MARY WEINREB ("SELLER"), FOR THE ACQUISITION OF REAL
PROPERTY LOCATED AT 3691 SOUTHWEST 1 ST AVENUE, MIAMI, FLORIDA,
FOLIO NUMBER 01-4139-007-0370 ("PROPERTY'), FOR A PURCHASE PRICE NOT
TO EXCEED SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
($775,000.00); AUTHORIZING THE CITY MANAGER TO IDENTIFY, BUDGET,
ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED EIGHT
HUNDRED TWENTY THOUSAND DOLLARS ($820,000.00), TO COVER THE COST
OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS,
ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE
PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS
ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
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.�f City of Miami City Hall
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11 eA Legislation Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-23-0206
File Number: 13854 Final Action Date:4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY')
AND JENNY MARY WEINREB ("SELLER"), FOR THE ACQUISITION OF REAL
PROPERTY LOCATED AT 3691 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA,
FOLIO NUMBER 01-4139-007-0370 ("PROPERTY'), FOR A PURCHASE PRICE NOT
TO EXCEED SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
($775,000.00); AUTHORIZING THE CITY MANAGER TO IDENTIFY, BUDGET,
ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED EIGHT
HUNDRED TWENTY THOUSAND DOLLARS ($820,000.00), TO COVER THE COST
OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS,
ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE
PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS
ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") wishes to acquire the property located at 3691
Southwest 1 st Avenue, Miami, Florida, Folio Number 01-4139-007-0370 ("Property"); and
WHEREAS, the City plans to construct a park that will enhance the quality of life of
residents in the surrounding area; and
WHEREAS, the City intends to negotiate a Purchase and Sale Agreement ("Agreement")
with Jenny Mary Weinreb ("Seller") for a purchase price not to exceed Seven Hundred Seventy -
Five Thousand Dollars ($775,000.00); and
WHEREAS, pursuant to Section 166.045(b), Florida Statutes, titled "Proposed Purchase
of Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an
amount in excess of $500,000.00, the governing body shall obtain at least two (2) appraisals by
appraisers approved pursuant to Section 253.025, Florida Statutes; and
WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida
certified appraisers; and
WHEREAS, Section 166.045(b), Florida Statutes, further states that if the agreed
purchase price exceeds the average price of the two (2) appraisals, the governing body is
required to approve the purchase by an extraordinary vote (i.e. a four -fifths (4/5ths) vote of the
City Commission); and
WHEREAS, the City Manager shall identify, budget, allocate and appropriate the
necessary funds in an amount not to exceed Eight Hundred Twenty Thousand Dollars
($820,000.00), to cover the cost of said acquisition, inclusive of the cost of surveys,
environmental reports, title insurance, demolition, securing the property, project signage and all
related closing costs associated with said acquisition, in accordance with the terms and
conditions herein; and
WHEREAS, the City Manager is authorized to execute the Agreement and all necessary
documents, including amendments and modifications to said agreement, all in a form
acceptable to the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. By a 4/51" affirmative vote, the City Manager is authorized' to negotiate and
execute an Agreement, between the City of Miami ("City") and ("Seller"), for the acquisition of
the Property, for a purchase price in an amount not to exceed Seven Hundred Seventy -Five
Thousand Dollars ($775,000.00).
Section 3. The City Manager is also authorized, to identify, budget, allocate and
appropriate the necessary funds in an amount not to exceed Eight Hundred Twenty Thousand
Dollars ($820,000.00) to cover the cost of said acquisition, inclusive of the cost of surveys,
environmental reports, title insurance, demolition, securing the property, project signage and all
related closing costs associated with said acquisition, in accordance with the terms and
conditions herein.
Section 4. The City Manager is further authorized to negotiate and execute all
necessary documents, including amendments and modifications to said Agreement, in a form
acceptable to the City Attorney, as may be necessary to effectuate said acquisition.
Section 5. This Resolution shall become effective immediately upon its adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
1
"na dez, City Attvr iey 4/1812023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and City Code provisions.
Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission