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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5071 Date: 10/30/2018 Commission Meeting Date: 11/15/2018 Requesting Department: Department of Real Estate and Asset Management Sponsored By: Joe Carollo District Impacted: District 3 Type: Resolution Subject: Purchase and Sale Agreement - The Roads Purpose of Item: A Resolution of the Miami City Commission, authorizing the City Manager to execute a Purchase and Sale Agreement ("Agreement"), in a form acceptable to the City Attorney, by a four fifths (4/5ths) affirmative vote, between the City of Miami ("City") and LAMPUR-USA LLC ("Seller"), for the acquisition of real property located at 2200 Southwest 9 Avenue and 910 Southwest 22 Road, Miami, Florida 33129 (collectively the "Property"); for a purchase price of One Million Dollars ($1,000,000.00); allocating funds from the Office of Capital Improvement ("OCI") Project No. 40-B183415, District 3 Park Land Acquisition, in a total amount not to exceed One Million Thirty Thousand Dollars ($1,030,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the Property, project signage and related applicable closing costs associated with said acquisition, in accordance with the terms and conditions of the Agreement; further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Background of Item: The City of Miami ("City") wishes to acquire the real property located at 2200 Southwest 9 Avenue and 910 Southwest 22 Road, Miami, Florida 33129 (collectively the "Property"). The City plans to construct a park that will enhance the quality of life of residents in the surrounding area. LAMPUR-USA LLC ("Seller") has agreed to enter into a purchase and sale agreement ("Agreement") with the City to convey the Property to the City for a purchase price of One Million Dollars ($1,000,000.00) ("Purchase Price"). Pursuant to Section 166.045(b), Florida Statutes, entitled "Proposed Purchase of Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an amount in excess of $500,000.00, the governing body shall obtain at least two (2) appraisals by appraisers approved pursuant to Section 253.025, Florida Statutes. The City obtained two (2) appraisal reports from licensed State of Florida certified appraisers. Section 166.045(b), Florida Statutes, further states that if the agreed purchase price exceeds the average price of the two (2) appraisals, the governing body is required to approve the purchase by an extraordinary vote, a four -fifths (4/5ths) vote of the City Commission. The City's estimated total cost for the acquisition of the Property will not exceed One Million Thirty Thousand Dollars ($1,030,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the property, project signage and related applicable closing costs associated with said acquisition, in accordance with the terms and conditions of the agreement. Funds are to be allocated from the Office of Capital Improvement ("OCI") Project No. 40-B183415, District 3 Park Land Acquisition. Budget Impact Analysis Item is an Expenditure Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $1,030,000.00 CIP Project No: 40-B183415 (D3 Park LAQ) Reviewed By Real Estate and Asset Management Yvonne Hernandez Office of Management and Budget Yvette Smith Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor Legislative Division City Manager's Office Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Valentin J Alvarez Nikolas Pascual Valentin J Alvarez Valentin J Alvarez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Skipped Skipped Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 11/02/2018 12:13 PM 11/05/2018 3:47 PM 11/05/2018 4:29 PM 11/05/2018 5:44 PM 11/05/2018 5:45 PM 11/05/2018 6:21 PM 11/05/2018 6:09 PM 11/05/2018 5:37 PM 11/05/2018 6:54 PM 11/15/2018 9:00 AM 11/26/2018 3:37 PM 11/26/2018 4:09 PM 11/26/2018 4:09 PM City of Miami Legislation Resolution Enactment Number: R-18-0517 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5071 Final Action Date:11/15/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, BETWEEN THE CITY OF MIAMI ("CITY") AND LAMPUR-USA LLC ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2200 SOUTHWEST 9 AVENUE AND 910 SOUTHWEST 22 ROAD, MIAMI, FLORIDA, 33129 (COLLECTIVELY THE "PROPERTY"), FOR A PURCHASE PRICE OF ONE MILLION DOLLARS ($1,000,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION THIRTY THOUSAND DOLLARS ($1,030,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 2200 Southwest 9 Avenue and 910 Southwest 22 Road, Miami, Florida 33129 (collectively the "Property"); and WHEREAS, the City plans to construct a park that will enhance the quality of life of residents in the surrounding area; and WHEREAS, LAMPUR-USA LLC ("Seller") has agreed to enter into a purchase and sale agreement ("Agreement") with the City, to convey the Property to the City, for a purchase price of One Million Dollars ($1,000,000.00) ("Purchase Price"); and WHEREAS, pursuant to Section 166.045(b), Florida Statutes, entitled "Proposed Purchase of Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an amount in excess of $500,000.00, the governing body shall obtain at least two (2) appraisals by appraisers approved pursuant to Section 253.025, Florida Statutes; and WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida certified appraisers; and WHEREAS, Section 166.045(b), Florida Statutes, further states that if the agreed purchase price exceeds the average price of the two (2) appraisals, the governing body is required to approve the purchase by an extraordinary vote, a four -fifths (4/5ths) vote of the City Commission; and WHEREAS, the City's estimated total cost for the acquisition of the Property will not exceed One Million Thirty Thousand Dollars ($1,030,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the property, project signage and related applicable closing costs associated with said acquisition, in accordance with the terms and conditions of the agreement; and WHEREAS, funds are to be allocated from the Office of Capital Improvement ("OCI") Project No. 40-B183415, District 3 Park Land Acquisition; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized to execute the Agreement, between the City and Seller, for the acquisition of the Property for the Purchase Price. Section 3. Funding for the acquisition is to be allocated from the Office of Capital Improvement ("OCI") Project No. 40-B183415, District 3 Park Land Acquisition, in a total amount not to exceed One Million Thirty Thousand Dollars ($1,030,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the Property, project signage, and applicable related closing costs in accordance with the terms and conditions of the Agreement. Section 4. The City Manager is further authorized1 to negotiate and execute all necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Httor 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 (10) 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