The URL can be used to link to this page

Home My WebLink AboutR-10-0004Vop City of Miami Legislation < U R �O Resolution: R-10-0004 File Number: 10-00034 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 1814 BRICKELLAVENUE, MIAMI, FLORIDA (THE "BRICKELL PROPERTY"), AUTHORIZING THE CITY MANAGER TO PURCHASE THE BRICKELL PROPERTY BYASSUMING 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; FINDING AND DETERMINING THAT ONE OF THE CITYWIDE PARKING PROJECTS ON THE ORIGINAL PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL FINANCINGS DOES NOT REQUIRE THOSE LOAN FUNDS DUE TO NEGOTIATIONS WHICH HAVE RESULTED IN THE LESSEE FINANCING THE BUILDING OF THAT PARKING FACILITY; FINDING AND DETERMINING THAT THE PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL FINANCINGS FOR PARKS AND RECREATION PROJECTS SHALL BE AMENDED TO ADD A NEW CITY PARK TO BE LOCATED AT THE BRICKELL PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, WITH APPROVAL OF THE CITY ATTORNEY, ALL NECESSARY DOCUMENTS IN ORDER TO AMEND THE PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL LOAN AGREEMENTS. 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 City of Miand Page I of 4 File Id: 10-00034 (Version: 2) Printed On: 7/13/2017 File Number: 10-00034 in the Brickell area; and Enactment Number: R-10-0004 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; and WHEREAS, the average of two recent appraisals procured by the City is $2,437,500; and 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; and WHEREAS, the City desires to fund a portion of the costs of purchasing the Brickell Property using funds from two loans totaling $49,100,000 (collectively, the "Sunshine State Loan Pool Financings") from the Sunshine State Governmental Financing Commission to the City under the Loan Agreements, dated October 3, 2007 and August 14, 2008 (collectively, the "Sunshine State Loan Pool Loan Agreements"); and WHEREAS, it is necessary under the Sunshine State Loan Pool Loan Agreements for the City Commission (a) to make certain findings and determinations relating to the availability of funding under the Sunshine State Loan Pool Financings to fund a portion of the costs of purchasing the Brickell Property and to amend the original project lists to include the new park at the Brickell Property, and (b) to authorize the City Manager to execute, with the approval of the City Attorney, all necessary documents in order to amend the eligible project lists authorized under the Sunshine State Loan Pool Loan Agreements to include the new park at the Brickell Property; City of Miand Page 2 of 4 File Id: 10-00034 (Version: 2) Printed On: 7/13/2017 File Number: 10-00034 Enactment Number: R-10-0004 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.The City Commission finds and determines that one of the citywide parking projects on the original project lists for the City's Sunshine State Loan Pool Financings does not require those loan funds due to negotiations which have resulted in the lessee financing the building of that parking facility. Section 7.The City Commission finds and determines that the project lists for the City's Sunshine State Loan Pool Financings for parks and recreation projects shall be amended to add a new City park to be located at the Brickell Property. Section 8.The City Manager is authorized and directed to execute, with the approval of the City Attorney, all necessary documents in order to amend the project lists for the City's Sunshine State Loan Pool Loan Agreements. Section 9.This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 3 of 4 File Id: 10-00034 (Version: 2) Printed On: 7/13/2017 File Number: 10-00034 Enactment Number: R-10-0004 {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 4 of 4 File Id. 10-00034 (Version: 2) Printed On: 7/13/2017