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HomeMy WebLinkAboutCRA-R-14-0066 ExhibitINVITATION TO BID ISSUED ON , 2014 FOR SALE OF THE PROPERTY LOCATED AT 1401 NORTH MIAMI AVENUE MIAMI, FLORIDA OMNI COMMUNITY REDEVELOPMENT AGENCY COMMISSIONER Marc Sarnoff CHAIRMAN COMMISSIONER Francis Suarez VICE-CHAIRMAN COMMISSIONER Wifredo Gort COMMISSIONER Keon Hardemon COMMISSIONER Frank Carollo Pieter A. Bockweg, Executive Director Bid Due Date: (TIME DUE/AM/PM), (DATE DUE) Bids Accepted Only At: Further Information: OMNI Community Redevelopment Agency 1401 N. Miami Avenue 2nd Floor Miami, FL 33136 Telephone: (305) 679-6851 OMNI Community Redevelopment Agency 1401 N. Miami Avenue 2nd Floor Miami, FL 33136 Pieter A. Bockweg Telephone: (305) 679-6868 TABLE OF CONTENTS I. Property Description II. Instructions to Bidders III. Bid Form Exhibit A Legal Description of Property Exhibit B Purchase and Sale Agreement Exhibit C Restaurant Lease 2 I PROPERTY DESCRIPTION The OMNI Community Redevelopment Agency ("Omni") is soliciting bids for the sale of the real property ("Property") located at 1401 N. Miami Avenue, Miami, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof. Property Profile: Total Size: 14,017 s.f., (.3218 acres, more or less) Zoning: The Property is presently zoned T6-24. This designation generally allows for Commercial. This category is located in areas directly served by (TYPE OF ROADWAYS). Minimum lot size is (NUMERICAL AMOUNT) square feet; minimum lot width is (NUMERICAL AMOUNT) feet; maximum floor area ratio is (NUMERICAL AMOUNT RATIO) times the gross lot area. Off- street parking requirements are typically one space per (NUMERICAL AMOUNT) square feet of gross floor area. This Property is designated as a historic property, and thus potential Bidders must adhere to all rules governing historic properties. Access/Frontage: • The general boundaries of the neighborhood extend North from 13th Street to 20Th Street and west from NW 1st Place to N. Bayshore Dr. The neighborhood is further intersected by the I-395 elevated expressway. • Biscayne Blvd and N. Miami Ave is a major north -south traffic artery though the neighborhood. • The Property is centrally located in Miami within an older neighborhood which is over 50% developed. • The Property is Corner Lot of NE 14th Street and N. Miami Ave in shape with a (NUMERICAL LENGTH) ft. frontage along (STREET) and is 136 linear ft. in depth on N. Miami Ave. • It is conveniently located in the NE sector of the City of Miami, within the residential neighborhood known as Media Entertainment District. This is a close -in residential and commercial area immediately North of the City of Miami central business district. General Information: The Property is being offered for sale "as is". No representations or warranties of any kind or nature as to its condition or the occupancy which may be made thereof are made. Omni's purpose in soliciting Bids is to realize its vision of integrating the Property into the existing development of the area. In this regard, Omni shall evaluate the narrative included in each Bid describing the proposed use and shall weigh responses in addition to the Bid prices. 3 Bidders should note that there is currently a Lease on the Property for the first floor, approximately 5,400 square feet. The build -out of the restaurant has not begun, thus if interested, the successful Bidder could negotiate with the current Lessee to buy the Lease, thereby having the right to operate the first floor area. In addition, Bidders must note that acquisition of the Property is subject to a lease for One Dollar ($1.00) per year in Omni's favor, authorizing Omni to occupy approximately 5,200 square feet of the second floor of the Property until Omni sunsets in October 2030. The Parties shall enter into the lease contemporaneously with the execution of a Purchase and Sale Agreement. Bidders shall be permitted to inspect the Property by appointment only. In connection with such inspection, there shall be no soil tests or other invasive tests which can or may cause damage to the Property unless the Bidder has received Omni's City's prior written approval for such tests. Bidders must furnish Omni a copy of all test results. All such entries upon the Property shall be at the risk of Bidder and Omni shall have no liability for any injuries sustained by Bidder or any of Bidder's agents or contractors. Upon completion of Bidder's investigations and tests, Bidder agrees to promptly repair or restore any damage to the Property caused by Bidder, its agents and contractors to the same condition as it existed before Bidder's entry upon the Property. Prior to any entry upon the Property for purposes of inspection or testing, Bidders and Bidder's agents and contractors, shall execute an Inspection Indemnity Form. Omni is issuing this Invitation to Bid ("ITB"). The contact person for all inquiries related to this ITB is Pieter A. Bockweg at (305) 679-6868. Prospective Bidders are advised that the execution of the Purchase and Sale Agreement will be subject to final approval by the Omni Board. 4 II INSTRUCTIONS TO BIDDERS Bid Submission: Bidders must complete, acknowledge and submit their Bid in accordance with the instructions set forth herein. Additional documentation which is to be submitted by the Bidder in accordance with the Bid, if any, should be attached to the completed form. Bid Due Date: Whether forwarded by mail or personally delivered, the Bid envelope must be received by the OMNI Community Redevelopment Agency, 1401 N. Miami Avenue, Second Floor, Miami, Florida 33136, by (TIME AM/PM) on (DAY OF WEEK), (DUE DATE). Untimely submissions, or submissions delivered to another location, will not be accepted. Bids shall be in a sealed envelope and shall contain the following information on the face of the envelope: BID FROM: Name Address OFFER TO PURCHASE CITY PROPERTY LOCATED AT 1401 N. Miami Avenue, Second Floor, Miami, Florida 33136 DUE DATE: TIME: Signature of Bidder: Bidders must sign the Bid Document in the space provided for signature. If the Bidder is a partnership, the word "Authorized General Partner" shall appear after the signature of the partner. Proof of authority of the partner executing the Bid on behalf of the partnership shall be attached to the Bid Form. If the Bidder is a corporation, the required signature will be of the President or Vice President or Chief Executive Officer with the official corporate seal affixed thereto. Rejection of Bid: Omni reserves the right to accept any responsive and responsible Bid, waive any irregularities in any Bid, to cancel all invitations to Bid before Bid opening, to reject any or all Bids after Bid opening and/or to readvertise for Bids. Withdrawal of Bid: Any Bid may be withdrawn for any reason prior to the final time for receipt of Bids. Any Bidder who withdraws his/her Bid after the final time for receipt of Bids will forfeit his/her Bid Deposit which will become Omni's property, and the Bidder waives all claims with respect thereto. Bid Deposit: All Bids must be accompanied by a Bid Deposit as a guarantee in the form of a certified check, cashier's check, official bank check or money order made 5 payable to the "Omni Community Redevelopment Agency" (NO CASH) in the amount of One Thousand dollars ($1,000.00). Bid Price: 1) No Bid will be considered below Three Million dollars ($3,000,000) 2) Purchase Price shall be payable in certified check, cashier's check, official bank check or wire transfer at the time of closing. 3) Bidder (Purchaser) shall pay all costs Omni incurs in the sale of the Property by cashier's check or certified check at Closing. The Bidder (Purchaser) shall not be responsible for the cost of recording any corrective instrument which may be required to convey clear title or for the cost of any certified, confirmed and ratified special assessment liens as of the date of the Purchase and Sale Agreement. The costs Omni incurs in connection with the sale will not exceed Twenty Five Thousand dollars ($25,000). Additionally, the Bidder (Purchaser) shall be required to reimburse Omni for the actual cost of the land survey and appraisals of the Property in the amount of Twenty Five Thousand dollars ($25,000). 4) Bids should not contain contingencies including the obtaining of financing. Omni will not provide any direct or indirect financing for the acquisition of this Property. 5) Bids must include a narrative describing the proposed use of the Property, so that Omni can evaluate the Bid that provides the highest community benefit. Interpretation of Bid Documents: Each Bidder shall thoroughly examine the Bid Documents and judge for him/herself all matters relating to the conditions and requirements of this ITB. Bidders are invited to request clarification of any of the requirements or conditions expressed herein prior to submission of his/her Bid by writing tO Pieter A. Bockweg 1401 N. Miami Avenue, Second Floor, Miami, Florida 33136 or by contacting via telephone at (305) 679-6868. Acceptance Process. The Bidder submitting the Bid which the Executive Director will recommend to the Omni Board will receive written notice ("Notice") advising him/her of the time and place for establishing the terms of a Purchase and Sale Agreement ("Agreement"), a template of which is attached hereto as Exhibit B. The Omni Board must expressly authorize the Executive Director to execute the Agreement for purposes of consummating the transaction. No Bid shall be deemed binding until such time as the Purchase and Sale Agreement is fully executed by the parties and approved by the Omni Board. 6 Any Bid which is incomplete, conditional, or which contains irregularities of any kind, may be cause for rejection of the Bid at Omni's sole discretion. In the event that Executive Director recommends a Bid, and the Bidder fails to execute the Agreement with Omni within fifteen (15) days from the date of approval by the Omni Board, Omni shall retain the Bid Deposit as liquidated damages, and not as a penalty, and reserves the right to recommend to the Omni Board the Bid of any other Bidder or re -advertise using the same or revised documentation, at its sole discretion. 7 III BID TO: Omni Community Redevelopment Agency 1401 N. Miami Avenue Miami, Florida 33136 1. The undersigned hereby makes a Bid for the purchase of the Property from the Omni Community Redevelopment Agency, located at 1401 N. Miami Avenue, Miami, Florida 33136. 2. Indicate the purchase price offered: (in figures). (in words). Bids below Two Million Eight Hundred Thousand dollars ($2,800,000) will be automatically rejected. In the event that there is a discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 3. The undersigned understands that Omni reserves the right to reject any and all Bids at any time, for any reason, prior to the execution of a Purchase and Sale Agreement. Bidder's Initials. 4. The undersigned understands that this Bid is a firm offer and that upon notice from the Executive Director Manager that he will recommend the Bid to the Omni Board, which notice shall be mailed to the undersigned at the address stated below, the undersigned will, within fifteen (15) days after receipt of such notice, execute a Purchase and Sale Agreement. The undersigned further acknowledges that in the event the undersigned withdraws his/her Bid after the Bid Due Date ((TIME AM/FM AND DATE)) or if the Bidder fails to execute a Purchase and Sale Agreement within the time frame set forth above, Omni shall keep the Bid Deposit as liquidated damages and not as a penalty. Bidder's Initials. 8 5. The undersigned understands that Omni shall return all Bid Deposits, except those of the three (3) highest responsible and responsive Bidders within approximately ten (10) business days after the Executive Director's mailing of the Notice to the winning Bidder, and that the Bid Deposits of the three (3) highest responsible and responsive Bidders, except that of the Bidder whose Bid is accepted by the Executive Director, will be returned within approximately ten (10) business days from that date of execution by the Bidder (Purchaser) and Omni of the Purchase and Sale Agreement. The undersigned further understands that if he/she is the successful Bidder, Omni will retain the Bid Deposit and credit it towards the purchase price. Bidder's Initials. 6. The undersigned understands that if this Bid is accepted and Omni and the Bidder enter into an Agreement for Purchase and Sale, the Bidder (Purchaser) must within five (5) days of the date the parties execute the Purchase and Sale Agreement, deposit with the Escrow Agent a sum which when added to the Bid Deposit will represent 10% of the Purchase Price, which sum will be retained in escrow and will be part of the Purchase Price. Bidder's Initials. 7. The undersigned understands that if this Bid is accepted, the undersigned will pay the costs Omni incurs in the sale of the Property. Additionally, the Bidder (Purchaser) shall be required to reimburse Omni for the actual cost of the land survey and appraisals of the Property, in the amount Twenty Five Thousand dollars ($25,000). Bidder's Initials. 8. The undersigned represents that this Bid is made in good faith without fraud or collusion, and that the undersigned has not entered into any agreement with any other Bidder or prospective Bidder or with any other person, firm or corporation relating to the purchase price stated in this Bid or in any other Bid, nor any agreement or arrangement under which any person, firm or corporation is to refrain from Bidding, nor any agreement or arrangement for any act or omission in restraint of free competition among Bidders. The undersigned agrees to hold harmless, defend and indemnify Omni for any noncompliance by the undersigned with the aforementioned representations or with the antitrust laws of the United States and of the State of Florida. Bidder's Initials. 9 9. The undersigned understands that the Omni Board must expressly authorize the Executive Director to execute the Purchase and Sale Agreement for purposes of consummating the transaction. No Bid shall be deemed binding until such time as the Purchase and Sale Agreement is fully executed by the parties and approved by the Omni Board. Bidder's Initials. 10. The undersigned understands that at closing, the Purchaser shall be required to execute a covenant which shall run with the land. The covenant of a Municipal Service Fee shall provide that if the Property, or any portion thereof, is purchased by an "exempt entity" under Chapter 196 Florida Statutes, or is utilized for an exempt purpose, that the owner of the Property shall pay to the City a payment in lieu of taxes (PILOT) to fund the cost of providing municipal services to the Property. The PILOT shall be equal to the amount of taxes the City would have received had the property not been exempt from taxation. Bidder's Initials. INDIVIDUAL BID SUBMITTED BY Signature of Bidder Address Print Name of Bidder STATE OF FLORIDA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014 by (name of person acknowledging) who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. 10 PARTNERSHIP Signature of Bidder Address Print Name of Bidder STATE OF FLORIDA COUNTY OF ) ) SS ) The foregoing instrument was acknowledged before me this day of 2014 by (name of person acknowledging), on behalf of (name of partnership), a partnership. He/she is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. MEMBERS OF PARTNERSHIP MUST ATTACH (1) COPY OF PARTNERSHIP AGREEMENT(S) AND AMENDMENTS THERETO, IF ANY, (2) LIST OF NAMES AND ADDRESSES OF ALL PARTNERS SPECIFYING WHETHER EACH IS A GENERAL OR LIMITED PARTNER, (3) PROOF OF AUTHORITY OF THE PARTY EXECUTING THIS BID ON BEHALF OF THE PARTNERSHIP, AND (4) AFFIDAVIT THAT THE INFORMATION LISTED IS CURRENT, TRUE AND CORRECT. 11 CORPORATION Corporation is incorporated in the State of President Vice President Secretary Treasurer Place of business is in Signature of President, Address Vice President or CEO Print Name and Title (Corporate Seal) ATTEST: Secretary Print Name STATE OF FLORIDA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. ATTACH COPY OF (1) CORPORATE CHARTER, (2) CURRENT CERTIFICATE OF CORPORATE GOOD STANDING, (3) PROOF OF REGISTRATION WITH FLORIDA SECRETARY OF STATE, (4) CERTIFICATE EVIDENCING COMPLIANCE WITH THE FLORIDA FICTITIOUS NAME STATUTE, IF APPLICABLE, (5) COMPLETE LIST OF OFFICERS AND DIRECTORS, AND (6) DULY SIGNED AND DATED CORPORATE RESOLUTION GIVING SPECIFIC AUTHORITY TO SUBMIT THIS BID AND DESIGNATING THE AUTHORIZED SIGNATORY OR SIGNATORIES. 12 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY BEING CONVEYED The southerly 40 feet of Lot 10, and Lot 11 of Block 16 of the plat of ROBBINS- GRAHAM AND CHILLINGSWORTH, as recorded in Plat Book A at Page 49 of the Public Records of Miami -Dade County, Florida. 13 EXHIBIT "B" PURCHASE AND SALE AGREEMENT 14