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HomeMy WebLinkAboutR-14-0209City of Miami Legislation Resolution: R-14-0209 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00455 Final Action Date: 5/22/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE CONVEYANCE OF THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 602 SOUTH MIAMI AVENUE AND 614 SOUTH MIAMI AVENUE, MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO BCC ROAD IMPROVEMENT, LLC., A FLORIDA LIMITED LIABILITY CORPORATION ("BUYER"), FORATOTAL PURCHASE PRICE OF FOUR MILLION DOLLARS ($4,000,000.00); WITH BUYER COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FINDING THAT THE PROPERTY IS BEING CONVEYED TO IMPLEMENT A PROJECT OF A GOVERNMENTAL AGENCY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO PERFORM THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY OF MIAMI. WHEREAS, the City of Miami ("Seller") is acquiring 602 South Miami Avenue and 614 South Miami Avenue, Miami, Florida (collectively the "Property"), from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by and through its agent, the Division of State Lands of the State of Florida Department of Environmental Protection, pursuant to that certain State of Florida Department of Environmental Protection Contract for Sale and Purchase and Deposit Receipt entered into on or about the date hereof ("DEP Contract"); and WHEREAS, the Seller intends to acquire the Property under the DEP Contract; and WHEREAS, subsequent to the Seller's acquisition of the Property, the Seller desires to convey the Property to BCC Road Improvement, LLC ("Buyer"), and the Buyer desires to acquire the Property from the Seller, pursuant and subject to the terms and conditions set forth herein; and WHEREAS, the Buyer is an indirect, wholly -owned subsidiary of Swire Properties, Inc. ("Swire"), developer of Brickell CityCentre, which is a party to that certain development agreement with the City of Miami, pursuant to Ordinance No. 13278, adopted July 28, 2011, which Development Agreement, as amended, requires Swire or its affiliate(s) to undertake improvements in the public infrastructure and public right-of-ways; and WHEREAS, the Property once conveyed will be utilized solely to improve, enhance, enlarge and reconfigure the public right of way in and around 6th Street and South Miami Avenue, Miami, City of Miami Page 1 of 3 File Id: 14-00455 (Version: 21 Printed On: 1/3/2018 File Number: 14-00455 Enactment Number: R-14-0209 Florida, which serves the valid municipal purpose of enhancing pedestrian and traffic flow in and about 6th Street and South Miami Avenue, Miami, Florida, and thereby facilitating the safe passage of pedestrians and vehicles on our public streets; and WHEREAS, based on a recommendation from the City Administration this conveyance is being made to implement a project of the City of Miami to improve municipal public rights of ways and in assistance of a project of Miami -Dade County ("County") to improve County public right of ways; and WHEREAS, legislative notice is taken of the subsection of 29-B (c) of the City Charter that provides that all City of Miami ("City") requirements for competitive bidding are disposed of when conveying property to implement projects of any governmental agency or instrumentality and the conveyance of this Property falls within the provisions of this subsection; and WHEREAS, this conveyance of the Property is for public right-of-way improvements; 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 fully set forth in this Section. Section 2. The City -owned real Property, as more particularly described in Exhibit "A", attached and incorporated, is declared surplus and the conveyance to the Buyer, is approved, for a total purchase price of Four Million Dollars ($4,000,000,00). Section 3. The Buyer will cover all costs associated with the transfer of the Property, including but not limited to, appraisals, a survey, an environmental report, title insurance and all closing costs. Section 4. The City Manager is authorized {1} to negotiate and execute a Purchase and Sale Agreement ("Agreement"), in substantially the attached form, and to execute such other documents that may be necessary to perform the transaction in accordance with the terms and conditions of the Agreement, which terms may be amended by the City Manager and the City Attorney as may be necessary in order to meet the best interests of the City. Section 5. The City does not warrant the sufficiency of its title nor any interest it may have in the Property, nor does it make any covenant whatsoever as to the Property, which is being conveyed to the Buyer, "AS IS" and "WHERE IS" and which Property, Buyer accepts "AS IS" and "WHERE IS" as to all conditions. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 2 of 3 File Id: 14-00455 (Version: 21 Printed On: 1/3/2018 File Number: 14-00455 Enactment Number: R-14-0209 {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 3 of 3 File Id: 14-00455 (Version: 21 Printed On: 1/3/2018