HomeMy WebLinkAboutR-09-0504Vop City of Miami
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Resolution: R-09-0504
File Number: 09-01159
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
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 "BRICKELL
PROPERTY") AND THE REAL PROPERTY LOCATED AT 120 NORTHEAST 44
STREET, MIAMI, FLORIDA (THE "BUENA VISTA PROPERTY") (COLLECTIVELY,
THE "PROPERTIES"), BY NEGOTIATING AND ENTERING INTO AN AGREEMENT
FOR THE PURCHASE OF THE PROPERTIES WITH THEIR RESPECTIVE
PROPERTY OWNERS, 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 "A", OR, WITH
RESPECT TO THE BRICKELL PROPERTY, ASSUMING THE BUYER'S RIGHTS
UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "B"; FURTHER
AUTHORIZING THE CITY MANAGER TO CONSUMMATE THE TRANSACTIONS
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 BRICKELL PROPERTY (THE "COVENANT"), IN
SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "C"; FURTHER
AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE
THE PURCHASE OF THE PROPERTIES, 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 and Buena Vista
areas; and
WHEREAS, the property located at 1814 Brickell Avenue, Miami, Florida (the "Brickell
Property"), is vacant and available, and is suitable for the purposes of establishing a park in the
Brickell area; and
WHEREAS, the property located at 120 Northeast 44 Street, Miami, Florida (the "Buena
Vista Property"), is vacant and available, and is suitable for the purposes of establishing a park in
the Buena Vista area;
WHEREAS, the owner of the Brickell Property has entered into a Commercial Contract, copy of
which is attached as Exhibit "B", 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
City of Miand Page 1 of 2 File Id. 09-01159 (Version: 2) Printed On: 7/7/2017
File Number: 09-01159
Enactment Number: R-09-0504
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 Brickell Property and the Buena
Vista Property (collectively, the "Properties") on substantially the terms set forth in Exhibit "A"; and
WHEREAS, time is of the essence in the acquisition of the Properties and the City Commission
wishes to authorize the Manager to purchase the Properties by negotiating and executing an
agreement for the purchase of the Properties with their respective owners, directly or through the
Trust, with terms not less favorable than the terms set forth in Exhibit "A" or, with respect to the
Brickell Property, by accepting the assignment of the Commercial Contract; and
WHEREAS, during an archeological investigation of the Brickell Property, prehistoric skeletal
remains associated with primary graves and some human remains were found, which require that
certain actions be taken by the owner of the Brickell 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 findings contained in the preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to purchase the Properties by negotiating and
entering into an agreement for the purchase of the Properties with their respective property
owners, directly or through the Trust, in a form acceptable to the City Attorney, with terms not less
favorable than the terms set forth in Exhibit "A", or, with respect to the Brickell Property, by
assuming the Buyer's rights under the Commercial Contract attached as Exhibit "B".
Section 3. The City Manager is further authorized {1} to consummate the transactions and
execute all documents relating thereto, including specifically, but without limitation, the Covenant
relating to the Brickell Property, in substantially the form attached as Exhibit "C".
Section 4. The payment of all funds necessary to consummate the purchases, including the
purchase price and/or lease payments, closing costs and costs relating to the implementation of
the Covenant, from non -general funds, is authorized.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
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.
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