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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Resolution: R-19-0049 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5390 Final Action Date: 1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, 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 OF MIAMI ("CITY") AND MANGO ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2445 SOUTHWEST 5TH AVENUE AND 471 SOUTHWEST 25TH ROAD, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY") WITH AN APPROXIMATE TOTAL AREA OF 12,700 SQUARE FEET, AS SHALL BE LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00); ALLOCATING FUNDS FROM THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY THOUSAND DOLLARS ($1,130,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUDING THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND 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. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 2445 Southwest 5th Avenue and 471 Southwest 25th Road, Miami, Florida (collectively, "Property") with an approximate total area of 12,700 square feet; and WHEREAS, the Property is located in an underserved area with respect to parks; and WHEREAS, the City plans to construct a park that will enhance the quality of life of residents in the surrounding area; and WHEREAS, Mango Road LLC, a Florida limited liability company ("Seller"), has agreed to enter into a Purchase and Sale Agreement, in a form acceptable to the City Attorney ("Agreement"), to convey the Property to the City for a total purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00); and WHEREAS, pursuant to Section 166.045(b), Florida Statutes, titled "Proposed Purchase of Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an amount in excess of Five Hundred Thousand Dollars ($500,000.00), the governing body shall City of Miami 5390 - Legislation -SUB Page 1 of 3 File ID: 5390 (Revision: A) Printed On: 1/31/2019 File ID: 5390 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-19-0049 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 reflecting a market value of Eight Hundred Ninety Thousand Dollars ($890,000.00) and Nine Hundred Forty Thousand Dollars ($940,000.00), respectively, with an average value for the two (2) appraisals of Nine Hundred Fifteen Thousand Dollars ($915,000.00); 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; and WHEREAS, the City's estimated total cost for the acquisition of the Property will not exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00) to cover the cost of said acquisition including the cost of a survey, environmental report, title insurance, demolition, securing the property, project signage, and related applicable closing costs associated with said acquisition, all in accordance with the terms and conditions of the Agreement; and WHEREAS, the funds necessary for said estimated total cost for the acquisition of the Property are to be allocated from the City's 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. By a four -fifths (4/5ths) affirmative vote of the City Commission, the City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the Seller for the acquisition of the Property with an approximate total area of 12,700 square feet as shall be legally described in the Agreement for a total purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00). Section 3. Funding for the acquisition of the Property is to be allocated from the City's OCI Project No. 40-B183415, District 3 Park Land Acquisition in a total amount not to exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00) to cover the cost of said acquisition including the cost of a survey, environmental report, title insurance, demolition, securing the Property, project signage, and applicable related closing costs in accordance with the terms and conditions in the Agreement. Section 4. The City Manager is further authorized' to negotiate and execute any and 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. 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. City of Miami Page 2 of 3 File ID: 5390 (Revision: A) Printed on: 1/31/2019 File ID: 5390 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-19-0049 Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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. City of Miami Page 3 of 3 File ID: 5390 (Revision: A) Printed on: 1/31/2019 ACM 111i11 it r.- 0 g File Number: 5390 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.l iian,igov.com Final Action D A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5 ' S) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIAT ND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A 'ORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIA ("CITY") AND MANGO ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY " ELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2445 3UTHWEST 5TH AVENUE AND 471 SOUTHWEST 25TH ROAD, MIAMI, FLORI (COLLECTIVELY, "PROPERTY") WITH AN APPROXIMATE TOT SQUARE FEET, AS SHALL BE LEGALLY DESCRIBED IN THE TOTAL PURCHASE PRICE OF ONE MILLION ONE HUNDRE DOLLARS ($1,100,000.00); ALLOCATING FUNDS FROM T CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B1 LAND ACQUISITION IN A TOTAL AMOUNT NOT TO E HUNDRED THIRTY THOUSAND DOLLARS ($1,130,0 OF SAID ACQUISITION, INCLUDING THE COST 0 REPORT, TITLE INSURANCE, DEMOLITION, SE PROJECT SIGNAGE, AND RELATED APPLICA WITH SAID ACQUISITION, ALL IN ACCORD CONDITIONS IN THE AGREEMENT; FURT MANAGER TO NEGOTIATE AND EXECU DOCUMENTS, INCLUDING AMENDME AGREEMENT, IN A FORM ACCEPTA NECESSARY TO EFFECTUATE S AREA OF 12,700 GREEMENT, FOR A THOUSAND CITY'S OFFICE OF 415, DISTRICT 3 PARK EED ONE MILLION ONE .00) TO COVER THE COST A SURVEY, ENVIRONMENTAL RING THE PROPERTY, E CLOSING COSTS ASSOCIATED CE WITH THE TERMS AND R AUTHORIZING THE CITY ANY AND ALL NECESSARY S AND MODIFICATIONS TO SAID E TO THE CITY ATTORNEY, AS MAY BE ACQUISITION. WHEREAS, the City of Mia ("City") wishes to acquire the real property located at 2445 Southwest 5th Avenue and 471 S. thwest 25th Road, Miami, Florida (collectively, "Property") with an approximate total area . 12,700 square feet; and WHEREAS, the Pro rty is located in an underserved area with respect to parks; and WHEREAS, the ' ity plans to construct a park that will enhance the quality of life of residents in the surro ding area; and WHEREA•, Mango Road LLC, a Florida limited liability company ("Seller"), has agreed to enter into a Purchase and Sale Agreement, in a form acceptable to the City Attorney ("Agreement" to convey the Property to the City for a total purchase price of One Million One Hundred T '.usand Dollars ($1,100,000.00); and HEREAS, pursuant to Section 166.045(b), Florida Statutes, titled "Proposed Purchase of Re Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an am. nt in excess of Five Hundred Thousand Dollars ($500,000.00), the governing body shall of ain 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 reflecting a market value of Eight Hundred Thousand Dollars ($800,000.00) SUBSTITUTED and Seven Hundred Thousand Dollars ($700,000.00), with an average value for the two (2) appraisals of Seven Hundred Fifty Thousand Dollars ($750,000.00); 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 C Commission; and WHEREAS, the City's estimated total cost for the acquisition of the Property will exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00) to cover t said acquisition including the cost of a survey, environmental report, title insurance, securing the property, project signage, and related applicable closing costs assoc acquisition, all in accordance with the terms and conditions of the Agreement; a cost of emolition, ed with said WHEREAS, the funds necessary for said estimated total cost for the . cquisition of the Property are to be allocated from the City's OCI Project No. 40-B183415, ►,istrict 3 Park Land Acquisition; NOW, THEREFORE, BE IT RESOLVED BY THE COMMIS •N OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the P amble to this Resolution are hereby adopted by reference thereto and incorporated here as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative Manager is authorized to negotiate and execute the Attorney, between the City and the Seller for the ac total area of 12,700 square feet as shall be legal) purchase price of One Million One Hundred Th vo - of the City Commission, the City eement, in a form acceptable to the City isition of the Property with an approximate escribed in the Agreement for a total sand Dollars ($1,100,000.00). Section 3. Funding for the acquisitio of the Property is to be allocated from the City's OCI Project No. 40-B183415, District 3 P. Land Acquisition in a total amount not to exceed One Million One Hundred Thirty Thous- d Dollars ($1,130,000.00) to cover the cost of said acquisition including the cost of a su y, environmental report, title insurance, demolition, securing the Property, project signae, and applicable related closing costs in accordance with the terms and conditions in the A. eement. Section 4. The City M necessary documents, incl acceptable to the City Att ager is further authorized to negotiate and execute any and all ing amendments and modifications to said Agreement, in a form ney, as may be necessary to effectuate said acquisition. Section 5. Th Resolution shall become effective immediately upon its adoption and signature of the Ma •r. APPROVED A 0 FORM AND CORRECTNESS: ndez ity ttor 1/1412019