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HomeMy WebLinkAboutLegislationA RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "BRICKELL PROPERTY"), AUTHORIZING THE CITY MANAGER TO PURCHASE THE BRICKELL PROPERTY BY ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "1", THEREBY SUBSTITUTING THE ATTACHED EXHIBIT "1" FOR THE COMMERCIAL CONTRACT THE CITY MANAGER WAS AUTHORIZED TO ASSUME BY RESOLUTION NO. 09-0504, ADOPTED OCTOBER 22,2009; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS RELATING THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE PRICE, CLOSING COSTS, COSTS RELATING TO THE IMPLEMENTATION OF A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE BRICKELL PROPERTY, AND COSTS INCURRED AND TO BE INCURRED FOR PROFESSIONAL ARCHEOLOGICAL SERVICES PERFORMED AND TO BE PERFORMED ON THE PROPERTY, 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 "Brickell Property"), is vacant and available, and is suitable for the purposes of establishing a park in the Brickell area; and WHEREAS, the owner of the Brickell Property entered into a contract to sell the property to Sami Kalimi ("Kalimi Contract") and/or assigns; and WHEREAS, by Resolution No. 09-0504, adopted October 22, 2009, the City Manager was authorized to acquire the Brickell Property by assuming the rights of Sami Kalimi under the Kalimi Contract; and WHEREAS, the Kalimi Contract has expired; and WHEREAS, subsequently the owner of the Brickell Property entered into a Commercial Contract to sell the property to Raquel Wells ("Buyer") and/or assigns ("Commercial Contract"); and WHEREAS, the Buyer is willing to assign her rights under the Commercial Contract to the City; WHEREAS, the average of two recent appraisals procured by the City is $2,437,500; and City of Miami Page I of 3 Printed On. 11812010 City of Miami City Hall 3500 Pan American Drive •�..,u �. �; ;�. Legislation Miami, FL 33133 fCV F�4; www.miamigov.com Resolution File Number: 10-00034 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "BRICKELL PROPERTY"), AUTHORIZING THE CITY MANAGER TO PURCHASE THE BRICKELL PROPERTY BY ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "1", THEREBY SUBSTITUTING THE ATTACHED EXHIBIT "1" FOR THE COMMERCIAL CONTRACT THE CITY MANAGER WAS AUTHORIZED TO ASSUME BY RESOLUTION NO. 09-0504, ADOPTED OCTOBER 22,2009; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS RELATING THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE PRICE, CLOSING COSTS, COSTS RELATING TO THE IMPLEMENTATION OF A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE BRICKELL PROPERTY, AND COSTS INCURRED AND TO BE INCURRED FOR PROFESSIONAL ARCHEOLOGICAL SERVICES PERFORMED AND TO BE PERFORMED ON THE PROPERTY, 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 "Brickell Property"), is vacant and available, and is suitable for the purposes of establishing a park in the Brickell area; and WHEREAS, the owner of the Brickell Property entered into a contract to sell the property to Sami Kalimi ("Kalimi Contract") and/or assigns; and WHEREAS, by Resolution No. 09-0504, adopted October 22, 2009, the City Manager was authorized to acquire the Brickell Property by assuming the rights of Sami Kalimi under the Kalimi Contract; and WHEREAS, the Kalimi Contract has expired; and WHEREAS, subsequently the owner of the Brickell Property entered into a Commercial Contract to sell the property to Raquel Wells ("Buyer") and/or assigns ("Commercial Contract"); and WHEREAS, the Buyer is willing to assign her rights under the Commercial Contract to the City; WHEREAS, the average of two recent appraisals procured by the City is $2,437,500; and City of Miami Page I of 3 Printed On. 11812010 File Number.' 10-00034 WHEREAS, the City's acceptance and assumption of an assignment of the Commercial Contract will be subject to the City's receipt of satisfactory survey, title, and property condition, including environmental condition and zoning; and WHEREAS, time is of the essence in the acquisition of the Brickell Property and the City Commission wishes to authorize the Manager to purchase the Brickell Property by accepting an assignment of the Commercial Contract; 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. All prior approvals and requirements of Resolution No. 09-0504, adopted October 22, 2009, are confirmed and shall continue in effect, except that the Commercial Contract attached as Exhibit "1" hereto is substituted for the Kalimi Contract the City Manager was thereby authorized to assume. Section 3. The City's acceptance and assumption of an assignment of the Commercial Contract shall be subject to the City's receipt of satisfactory survey, title, and property condition, including environmental condition and zoning. Section 4. The City Manager is further authorized{1} to consummate the transaction and execute all documents relating thereto. Section 5. The payment of all funds necessary to consummate the purchase of the Brickell Property by acceptance and assumption of an assignment of the Commercial Contract, including the purchase price, closing costs, costs relating to the implementation of a Covenant with the Florida Department of State relative to the preservation of Unmarked Human Remains, and costs incurred and to be incurred for professional archeological services performed and to be performed on the property, from non -general funds, is authorized. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU-�� CITY ATTORNEY City of Miami Page 2 of 3 Printed On: 1/812010 File Number.' 10-00034 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. City of Miami Page 3 of 3 Printed On: 1/8/2010