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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2389 Date: 05/26/2017 Commission Meeting Date: 06/08/2017 Requesting Department: Department of Real Estate and Asset Management Sponsored By: Tomas Regalado, Wifredo Gort District Impacted: District 1 Type: Resolution Subject: Purchase and Sale Agreement - Wagner Square Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, approving the City Manager's determinations, findings, and determinations, attached and incorporated as Attachment A, pursuant to Section 29-B(C) of the Charter of the City of Miami, Florida, as amended ("Charter") and Section 18-182 of the Code of the City of Miami, Florida as amended ("City Code") waiving the requirements (A) for said procedures and (b) for a return to the City of Miami ("City") of fair market value; authorizing the City Manager to negotiate and execute a Purchase and Sale Agreement ("Agreement"), in a form acceptable to the City Attorney, between the City and the U.S. Department of Veteran Affairs ("VA"), to transfer to sell to the VA, with restrictions and reverters, the properties formerly known as the Civic Center and as Wagner Square, located at approximately 1455 NW 17 Street with the folios 01-3135-087-0010 and 01-3135-087-0012, Miami, Florida containing an approximate total lot area of 42,309 square feet, as legally described in Exhibit A attached and incorporated (collectively, "Property"), for a total purchase price of three million six hundred thousand dollars ($3,600,000.00) ("Purchase Price"); further authorizing the City Manager after consultation with the City Attorney, to negotiate and execute all other necessary documents, extensions, modifications, renewals and amendments to accomplish and to evidence the foregoing as may be required for implementation of this resolution and at no costs to the City. Background of Item: On March 10, 2005, the City of Miami ("City") conveyed to Wagner Square, LLC ("Wagner Square "), the three (3) separate parcels of real property formerly known as the Civic Center Site and later known as Wagner Square, located at 1431 NW 17 Street, 1405-07 NW 17 Street and 1700 NW 14 Avenue, Miami, Florida (collectively, the "Original Properties"), pursuant to a Purchase and Sale Agreement dated May 30, 2003, as amended ("Agreement"). On September 21, 2012, the United States of America, Department of Veterans Affairs ("VA") acquired one (1) parcel of the Original Properties located at 1455 NW 17 Street (F/K/A 1700 NW 14 Avenue), City of Miami ("City") through the Special Warranty Deed OR Book 28289 Page 2750. The VA has requested to purchase from the City the remaining two (2) parcels of the Original Property located at approximately 1455 NW 17 Street with the folios 01-3135-087-0010 and 01-3135-087-0012, Miami, Florida, containing an approximate total combined lot area of 42,309 square feet, as legally described in Exhibit A, attached and incorporated (collectively, "Property"), for a total purchase price of Three Million Six Hundred Thousand Dollars ($3,600,000.00) ("Purchase Price"), for use by the VA as additional parking to their neighboring facility. The City desires to assist the VA with the proposed purchase of the Properties through the government to government sale provisions of Section 29-B(c) of the Charter of the City of Miami, as amended ("Charter") and the City Manager has determined, recommended, and found in his memorandum attached hereto and made a part hereof as Attachment A, that in accordance with the Charter and with Section 189-182 of the Code of the City of Miami, as amended ("City Code"), the proposed sale of the Properties is in the best interests of the City and the greater Miami -Dade communities to assist veterans and their families. The Charter and the Code require a four -fifths (4/5ths) affirmative vote of the City Commission in order to waive the requirements for the financial return to the City for the sale of the Properties to the VA to be accomplished at the Purchase Price which is less than fair market value. The City Commission shall hereby determine that it is in the best interests of the City to transfer and to sell the Properties to the VA for the Purchase Price with reverters and restrictions in accordance with the Charter and the City Code, and authorizes the City Manager to negotiate and execute a purchase and sale agreement, in a form acceptable to the City Attorney, and to further authorize the City Manager, after consultation with the City Attorney, to negotiate and execute all other necessary documents, extensions, modifications, renewals, and amendments to accomplish and to evidence the foregoing as may be required for implementation of this Resolution and at no costs to the City. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Everton Garvis Christopher M Rose Alberto N. Parjus Valentin J Alvarez Daniel J. Alfonso Valentin J Alvarez Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Skipped Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 05/26/2017 3:46 PM 05/30/2017 9:47 AM 05/30/2017 2:31 PM 05/30/2017 3:16 PM 05/30/2017 3:19 PM 05/30/2017 4:18 PM 05/30/2017 4:22 PM 05/30/2017 4:45 PM 06/08/2017 9:00 AM 06/12/2017 3:32 PM 06/12/2017 3:54 PM City of Miami Legislation Resolution Enactment Number: R-17-0275 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2389 Final Action Date:6/8/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT OF VETERAN AFFAIRS ("VA"), TO TRANSFER TO AND SELL TO THE VA, WITH RESTRICTIONS AND REVERTERS, THE PROPERTIES FORMERLY KNOWN AS THE CIVIC CENTER AND AS WAGNER SQUARE, LOCATED AT APPROXIMATELY 1455 NORTHWEST 17 STREET WITH THE FOLIOS 01-3135-087-0010 AND 01-3135- 087-0012, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 42,309 SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY") , FOR A TOTAL PURCHASE PRICE OF THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000.00) ("PURCHASE PRICE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, EXTENSIONS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH AND TO EVIDENCE THE FOREGOING AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION AND AT NO COSTS TO THE CITY. WHEREAS, on March 10, 2005, the City of Miami ("City") conveyed to Wagner Square, LLC ("Wagner Square"), the three (3) separate parcels of real property formerly known as the Civic Center Site and later known as Wagner Square, located at approximately 1431 Northwest 17 Street, 1405-07 Northwest 17 Street, and 1700 Northwest 14 Avenue, Miami, Florida (collectively, "Original Properties"), pursuant to a Purchase and Sale Agreement dated May 30, 2003, as amended ("Agreement"); and WHEREAS, on September 21, 2012, the United States of America, Department of Veterans Affairs ("VA") acquired one (1) parcel of the Original Properties located at 1455 Northwest 17 Street (F/K/A 1700 Northwest 14 Avenue), from the City through a Special Warranty Deed recorded in Official Records Book 28289, Page 2750 of the Public Records of Miami -Dade County, Florida; and WHEREAS, the VA has requested to purchase from the City the remaining adjacent two (2) parcels of the Original Property located at approximately 1455 Northwest 17 Street with the folios 01-3135-087-0010 and 01-3135-087-0012, Miami, Florida, containing an approximate total combined lot area of 42,309 square feet, as legally described in Exhibit "A," attached and incorporated (collectively, "Property"), for a total purchase price of three million six hundred thousand dollars ($3,600,000.00) ("Purchase Price"), for use by the VA as additional parking to their neighboring facility; and WHEREAS, the City desires to assist the VA with the proposed purchase of the Property through the government to government sale provisions of Section 29-B(c) of the Charter of the City of Miami, as amended ("Charter") and the City Manager has determined, found and recommended in his memorandum attached and incorporated as Attachment "A," that in accordance with the Charter and with Section 18-182 of the Code of the City of Miami, as amended ("City Code"), the proposed sale of the Property to the VA is in the best interests of the City and the greater Miami -Dade communities to assist veterans and their families; and WHEREAS, the Charter and the City Code require a four -fifths (4/5ths) affirmative vote of the City Commission in order to waive (a) the procurement procedures, and the (b) requirements for the financial return to the City for the sale of the Property to the VA to be accomplished at the Purchase Price which is less than fair market value; and WHEREAS, the City Commission hereby determines that it is in the best interests of the City to transfer and to sell the Properties to the VA for the Purchase Price, with reverters and restrictions, in accordance with the Charter and the City Code, and authorizes the City Manager to negotiate and execute a purchase and sale agreement, in a form acceptable to the City Attorney, and to further authorize the City Manager to negotiate and execute all other necessary documents, extensions, modifications, renewals, and amendments, in a form acceptable to the City Attorney, to accomplish and to evidence the foregoing as may be required for implementation of this Resolution and at no costs to the City; and WHEREAS, the Property has previously been the subject of environmental remediation partially funded through a Brownfields Environmental Development Initiative ("BEDI") grant and a portion of the Purchase Price may be required to be returned to the City and/or the United States Department of Housing and Urban Development ("HUD") as program income under HUD and BEDI rules and regulations; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Attachment "A," pursuant to Section 29-B of the Charter and Section 18-182 of the City Code, are ratified, approved, and confirmed, and the City Commission hereby waives the requirements (a) for said procedures, and (b) for a return to the City of fair market value. Section 3. The City Manager is authorized' to negotiate and execute a purchase and sale agreement ("Agreement"), in a form acceptable to the City Attorney, between the City and the VA, to transfer to and sell to the VA, with restrictions and reverters, the Property, for a total purchase price of three million six hundred thousand dollars ($3,600,000.00). 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 City Code provisions. Section 4. The City Manager is further authorized' to negotiate and execute all other necessary documents, extensions, modifications, renewals, and amendments, in a form acceptable to the City Attorney, to accomplish and to evidence the foregoing as may be required for implementation of this resolution and at no costs to the City. 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 Attor ey 5/30/2017 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.