HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02259 Final Action Date: 1/11/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE SALE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY
LOCATED AT 46 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED,
TO FIRST 35, INC., A FLORIDA CORPORATION; ESTABLISHING ONE MILLION
FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) AS THE AMOUNT TO BE
PAID TO THE CITY BY THE AFOREMENTIONED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT,
WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE
NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY.
WHEREAS, on November 6, 2001, the electorate of the City of Miami ("City") approved an
amendment to Section 29-B of the City Charter to create an exception from City requirements for
competitive bidding for the 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; and
WHEREAS, pursuant to Resolution No. 05-0370, adopted June 9, 2005, the City Commission
declared surplus the City -owned property located at 46 West Flagler Street, Miami, Florida, formerly
known as Paul Walker Park ("Property") and authorized and directed the City Manager to solicit offers
from adjacent property owners, for the sale of the Property; and
WHEREAS, the area contained in the Property is 4,200 square feet; and
WHEREAS, currently the property sits vacant, represents a maintenance cost and liability to the
City and does not generate ad valorem taxes; and
WHEREAS, it is in the best interest of the City to sell the Property, divest itself of the liabilities
associated with its ownership, and place the Property on the tax rolls; and
WHEREAS, on July 5, 2005, the City contacted all the adjacent property owners, inquiring if there
was an interest in purchasing the Property; and
WHEREAS, on July 13, 2005, two independent appraisals were received by the Department of
Public Facilities and established One Million Two Hundred Eighty -Seven Thousand Five Hundred
Dollars ($1,287,500) as the average fair market value for the Property; and
WHEREAS, on August 10, 2005, the City contacted all the adjacent property owners, inquiring if
there was an interest in purchasing the Property and establishing One Million Two Hundred Ninety
City of Miami Page 1 of 2 File Id: 06-02259 (Version: 1) Printed On: 12/21/2023
File Number: 06-02259
Thousand Dollars ($1,290,000) as the minimum bid price; and
WHEREAS, 44 West Flagler Properties, LLC, submitted a bid for One Million Two Hundred Ninety
Thousand Dollars ($1,290,000) and the City began negotiations which never materialized and they
subsequently withdrew their offer; and
WHEREAS, on May 24, 2006, the City again contacted the adjacent property owners, inquiring if
there was an interest in purchasing the Property and established a minimum sales price of One
Million Two Hundred and Ninety Dollars ($1,290,000); and
WHEREAS, First 35, Inc. ("Purchaser"), was the only adjacent property owner that responded to
the City's inquiry and has agreed to pay the City, a purchase price of One Million Four Hundred
Thousand Dollars ($1,400,000) or approximately $346 per square foot for the Property including all
personal property and fixtures located inside the premises; and
WHEREAS, the Property will be conveyed "as is" and "where is" and the City will not warrant the
sufficiency of its title nor any interest it may have in the 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The sale of the City -owned Property, as more particularly described in Exhibit "A,"
attached and incorporated, to the Purchaser, is approved.
Section 3. The City Commission establishes a purchase price of One Million Four Hundred
Thousand Dollars ($1,400,000) as the amount to be paid to the City by the aforementioned.
Section 4. The City Manager is authorized{1} to execute a Purchase and Sale Agreement
("Agreement"), in substantially the attached form, to consummate such transaction in accordance with
the terms and conditions of the Agreement, and to execute such other documents that may be
necessary to consummate such transaction in accordance with the terms and conditions of the
Agreement, which terms may be amended by the City Manager as may be necessary in order to meet
the best interests of the City.
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, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 06-02259 (Version: 1) Printed On: 12/21/2023