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File Number: 10-00034
Enactment Number: R-10-0004
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; 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 in
the Brickell area; and
City of Miamr Page l of 4 R-10-0004
File Number: 10-00034
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;
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
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File Number: 10-00034
Enactment Number: R-10-0004
adopted by reference and incorporated as if fully set forth in this Section.
Section 2.AII 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}
Date: JANUARY 14, 2010
Mover: CHAIR SARNOFF
Seconder: COMMISSIONER SUAREZ
Vote: AYES: 3 - COMMISSIONER CAROLLO, SARNOFF AND SUAREZ
Action: ADOPTED WITH MODIFICATIONS
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File Number: 10-00034 Enactment Number: R-10-0004
Date: JANUARY 15, 2010
Action: SIGNED BY THE MAYOR
1, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-10-0004, with
attachments, passed by the City Commission on 1/14/2010.
City Clerk, Deputy Clerk (for P. A. Tbirwpson,
City Clerk)
January 15, 2010
Date Certified
{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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