HomeMy WebLinkAboutR-11-0361City of Miami
Legislation
Resolution: R-11-0361
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00823 Final Action Date: 9/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND MANATEE BEND, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT
457-485 NORTHEAST 77 STREET ROAD, MIAMI, FLORIDA (THE "PROPERTY"),
AS LEGALLY DESCRIBED IN THE AGREEMENT IN CONNECTION WITH THE
DEVELOPMENT OF THE LITTLE RIVER WATERFRONT PARK FOR THE TOTAL
PURCHASE PRICE OF FIVE HUNDRED NINETY THOUSAND DOLLARS
($590,000), AND TO FINALIZE THE TRANSACTION IN ACCORDANCE WITH THE
TERMS OF THE AGREEMENT; FURTHER ALLOCATING FUNDS IN A TOTAL
AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000),
ONE HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($117,500)
TO BE PROVIDED BY THE FLORIDA INLAND NAVIGATION DISTRICT AND FOUR
HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED DOLLARS ($482,500) OF
REQUIRED MATCHING FUNDS TO BE USED FROM THE BISCAYNE BAY/MIAMI
RIVER LAND ACQUISITION TRUST FUND, TO COVER THE COSTS ASSOCIATED
WITH THE ACQUISITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO
SURVEY, ENVIRONMENTAL REPORT, AND TITLE INSURANCE; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
ACCOMPLISH THE ACQUISITION OF THE PROPERTY.
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 Upper East Side
neighborhood area; and
WHEREAS, the property located at 457-485 Northeast 77 Street Road, Miami, Florida
("Property") is vacant and available, and is suitable for the purposes of establishing a riverfront park
("Little River Waterfront Park"); and
WHEREAS, pursuant to Resolution No. 11-0118, adopted March 2, 2011, the City Commission
authorized the City to apply for a grant from the Florida Inland Navigation District ("FIND") and
authorized the allocation of the City's required matching funds from the Little River Waterfront Park
Acquisition Trust Fund Special Revenue contribution to capital B-50722; and
WHEREAS, the FIND Award agreement requires that the City execute a Restrictive Covenant
with FIND encumbering the Property for a period of twenty-five years from the date of recordation;
and
WHEREAS, the Restrictive Covenant shall require that the primary use of the Property be
City of Miami
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File Number: 11-00823 Enactment Number: R-11-0361
either for a public boat, canoe or kayak launching facility or for public boat mooring along the entire
river frontage; and
WHEREAS, the City has approximately $1.5 million in funding set aside from the Biscayne
Bay/Miami River Land Acquisition Trust Fund, that can only be used to buy waterfront or riverfront
land and for improvements, with the approval of the Florida Board of Trustees; and
WHEREAS, two independent appraisals where procured, establishing Five Hundred Ninety
Thousand Dollars ($590,000) as the fair market value for the Property; and
WHEREAS, the Department of Public Facilities has prepared a Purchase and Sale Agreement
("Agreement") to purchase the Property for Five Hundred Ninety Thousand Dollars ($590,000); and
WHEREAS, time is of essence in the acquisition of this Property and the City Commission
wishes to authorize the City Manager to purchase the Property by accepting the Agreement; and
WHEREAS, the City Commission intends to allocate funds from Capital Improvement Project
No. B-50722 funded by the Biscayne Bay/Miami River Land Acquisition Trust Fund, for the acquisition
and improvements of Little River Waterfront Park; and
WHEREAS, $600,000 will be transferred from Special Revenue Fund 10400, the Bayfront
Riverfront Land Trust Project 32-699084 to the Capital Fund Project B-50722 Little River Waterfront
Park; and
WHEREAS, the City's execution of the Agreement is contingent on funding approval of Little
River Waterfront Park; and
WHEREAS, on May 11, 2010, the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida, met and approved the use of the funds for the acquisition of 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 City Manager is authorized to execute {1} a Purchase and Sale Agreement
("Agreement") in substantially the attached form, between the City of Miami and Manatee Bend, LLC,
a Florida Limited Liability Corporation, for the acquisition of the property located at 457-485 Northeast
77 Street Road, Miami, Florida, ("Property"), in connection with the development of a waterfront park,
for a total purchase price not to exceed Five Hundred Ninety Thousand Dollars ($590,000.00), and to
finalize the transaction in accordance with the terms of the Agreement.
Section 3. Funds are allocated, in a total amount not to exceed Six Hundred Thousand
Dollars ($600,000), consisting of One Hundred Seventeen Thousand Five Hundred Dollars
($117,500) from the Florida Inland Navigation District and Four Hundred Eighty Two Thousand Five
Hundred Dollars ($482,500) from the Biscayne Bay/Miami River Land Acquisition Trust Fund, to cover
the costs associated with the acquisition and development of the Property, including but not limited to
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surveys, environmental reports, and title insurance.
Section 4. The City Manager is further authorized to execute any necessary documents,
including a Restrictive Covenant, in a form acceptable to the City Attorney, to accomplish the
acquisition of the Property.
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.
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