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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00523 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DECLARING SURPLUS THE CITY -OWNED PROPERTY LOCATED AT 46 WEST
FLAGLER STREET, MIAMI, FLORIDA, ALSO KNOWN AS PAUL WALKER PARK
("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
ATTACHED AND INCORPORATED; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO: (I) SOLICIT OFFERS FROM ADJACENT PROPERTY OWNERS
FOR THE PURCHASE OF THE -PROPERTY; (II) ACCEPT RESPONSIBLE AND
RESPONSIVE OFFERS; (III) NEGOTIATE A PURCHASE AND SALE
AGREEMENT ("PSA"); AND (IV) PRESENT THE NEGOTIATED PSA TO THE CITY
COMMISSION FOR FINAL APPROVAL.
WHEREAS, the City of Miami ("City") is the owner of land and improvements located at 46 West
Flagler Street, Miami, Florida, also known as Paul Walker Park ("Property"); and
WHEREAS, the City terminated a Management Agreement ("Agreement") dated May 27, 1992, as
amended, between the City and Latin American Gourmet Restaurant, Inc. ("Management"), effective
August 10, 2005, due to failure of Management to pay past due monthly fees and delinquent taxes to
Miami -Dade County under the terms and conditions of the Agreement; and
WHEREAS, the Property is not currently needed for use by any City department and it is in the
best interest of the City to dispose of the Property; and
WHEREAS, on November 6, 2001, the electorate of the City approved an amendment to Section
29-B of the City's Charter to create an exemption from competitive bidding requirements for disposition
of non -waterfront City -owned property to an adjacent property owner when the subject property is
7,500 square feet or less, or the subject non -waterfront property is non -buildable;
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 -owned real property located at 46 West Flagler Street, Miami, Florida, as more
particularly described in "Exhibit A," attached and incorporated, is declared surplus.
Section 3. The City Manager is authorized(1) and directed to: (i) solicit offers from adjacent
property owners for the purchase of the Property; (ii) accept responsible and responsive offers; (iii)
negotiate a Purchase and Sale Agreement ("PSA"); and (iv) present the negotiated PSA to the City
Commission for final approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
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Printed On: 5/27/200;1
File Number: 05-00523
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:t'
JORG:L.FERNANDEZ
CI i Ttâ–ºRNEY
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.
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Printed On: 5/27/2005