Loading...
HomeMy WebLinkAboutLegislationA RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE THE REAL PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), BY (1) ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "A", OR (II) NEGOTIATE AND ENTER INTO AN AGREEMENT FOR THE PURCHASE OF THE PROPERTY WITH THE PROPERTY OWNER, DIRECTLY OR THROUGH THE TRUST FOR PUBLIC LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN TERMS NOT LESS FAVORABLE THAN THE TERMS SET FORTH IN EXHIBIT "B"; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE THE TRANSACTION AND EXECUTE ALL AGREEMENTS RELATING THERETO, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE PROPERTY (THE "COVENANT", IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "C"; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING THE PURCHASE PRICE AND/OR LEASE PAYMENTS, CLOSING COSTS AND COSTS RELATING TO THE IMPLEMENTATION OF THE COVENANT FROM NON -GENERAL FUNDS. WHEREAS, it is in the best interest of the City of Miami ("City") to establish a public park to meet the existing needs for parks, open space and conservation in the Brickell area; and WHEREAS, the property located at 1814 Brickell Avenue, Miami, Florida (the "Property"), is vacant and available, and is suitable for the purposes of establishing a park; and WHEREAS, the owner of the Property has entered into a Commercial Contract, copy of which is attached as Exhibit "A", to sell the Property to Sami Kalimi (Buyer) and/or assigns; and WHEREAS, the Buyer is willing to assign its rights under the Commercial Contract to the City; and WHEREAS, The Trust For Public Land ("Trust") is a not for profit corporation which provides assistance to governmental entities in the acquisition of property for public use, such as public parks, and has offered to assist the City in the acquisition of the Property, on substantially the terms set forth in Exhibit "B and WHEREAS, time is of the essence in the acquisition of this Property and the City Commission wishes to authorize the Manager to purchase the Property by (i) accepting the assignment of the Commercial Contract, or (ii) negotiate and execute an agreement for the purchase of the Property, directly or through the Trust, with terms not less favorable than the terms set forth in Exhibit "B"; and WHEREAS, during an archeological investigation of the Property, prehistoric skeletal remains City of Miami Page 1 of 2 Printed On: 10/1512009 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 ',4'�f. �� �u r��' s, www.miamigov.com `~ Resolution File Number: 09-01159 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE THE REAL PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), BY (1) ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "A", OR (II) NEGOTIATE AND ENTER INTO AN AGREEMENT FOR THE PURCHASE OF THE PROPERTY WITH THE PROPERTY OWNER, DIRECTLY OR THROUGH THE TRUST FOR PUBLIC LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN TERMS NOT LESS FAVORABLE THAN THE TERMS SET FORTH IN EXHIBIT "B"; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE THE TRANSACTION AND EXECUTE ALL AGREEMENTS RELATING THERETO, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE PROPERTY (THE "COVENANT", IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "C"; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING THE PURCHASE PRICE AND/OR LEASE PAYMENTS, CLOSING COSTS AND COSTS RELATING TO THE IMPLEMENTATION OF THE COVENANT FROM NON -GENERAL FUNDS. WHEREAS, it is in the best interest of the City of Miami ("City") to establish a public park to meet the existing needs for parks, open space and conservation in the Brickell area; and WHEREAS, the property located at 1814 Brickell Avenue, Miami, Florida (the "Property"), is vacant and available, and is suitable for the purposes of establishing a park; and WHEREAS, the owner of the Property has entered into a Commercial Contract, copy of which is attached as Exhibit "A", to sell the Property to Sami Kalimi (Buyer) and/or assigns; and WHEREAS, the Buyer is willing to assign its rights under the Commercial Contract to the City; and WHEREAS, The Trust For Public Land ("Trust") is a not for profit corporation which provides assistance to governmental entities in the acquisition of property for public use, such as public parks, and has offered to assist the City in the acquisition of the Property, on substantially the terms set forth in Exhibit "B and WHEREAS, time is of the essence in the acquisition of this Property and the City Commission wishes to authorize the Manager to purchase the Property by (i) accepting the assignment of the Commercial Contract, or (ii) negotiate and execute an agreement for the purchase of the Property, directly or through the Trust, with terms not less favorable than the terms set forth in Exhibit "B"; and WHEREAS, during an archeological investigation of the Property, prehistoric skeletal remains City of Miami Page 1 of 2 Printed On: 10/1512009 File Number: 09-01159 associated with primary graves and some human remains were found, which require that certain actions be taken by the owner of the Property for the preservation of Unmarked Human Remains, as more particularly described in a covenant between the Property owner and the Florida Department of State attached as Exhibit "C" (the "Covenant"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding s contained in the preamble to this Resolution are adopted b,. reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized {1) to purchase the Property by (i) assuming the Buyer': rights under the Commercial Contract attached as Exhibit "A", or (ii) negotiate and enter into ai agreement for the purchase of the Property with the Property owner, directly or through the Trust, in form acceptable to the City Attorney, with terms not less favorable than the terms set forth in Exhibi 1Bf Section 3. The City Manager is further authorized f 1 to consummate the transaction and execute all documents relating thereto, including specifically, but without limitation, the Covenant in substantiall', the form attached as Exhibit "C". Section 4. The payment of all funds necessary to consummate the purchase, including thf purchase price and/or lease payments, closing costs and costs relating to the implementation of th( Covenant, from non -general funds, is authorized. Section 5. This Resolution shall become effective immediately upon its adoption and signature c the Mayor. {2) APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU �!a CITY ATTORNEY 06 Footnotes: {1) The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. City of Miami Page 2 of 2 Printed On: 10/15/2009