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HomeMy WebLinkAboutR-19-0061City of Miami Resolution R-19-0061 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5475 Final Action Date: 2/14/2019 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 MGR BUILDERS LLC ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1320 SOUTHWEST 21 STREET, MIAMI, FLORIDA ("PROPERTY") FOR A PURCHASE PRICE OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT PROJECT NO. 40- B183415, DISTRICT 3 PARK LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($625,000.00) 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; 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 1320 Southwest 21 Street, Miami, Florida ("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, MGR Builders 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 Six Hundred Thousand Dollars ($600,000.00) ("Purchase Price"); 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 $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 with an average appraisal price of Four Hundred Ninety -Seven Thousand Five Hundred Dollars ($497,500.00); 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 City of Miami Page 1 of 2 File ID: 5475 (Revision:) Printed On: 4/15/2025 File ID: 5475 Enactment Number: R-19-0061 required to approve the purchase by an extraordinary vote (i.e. 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 Six Hundred Twenty -Five Thousand Dollars ($625,000.00) with funds being 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 and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to execute an Agreement, in a form acceptable to the City Attorney, between the City and the Seller for the acquisition of the Property for the Purchase Price. Section 3. Funding for the acquisition of the Property is to be allocated from OCI Project No. 40-B183415, District 3 Park Land Acquisition in a total amount not to exceed Six Hundred Twenty -Five Thousand Dollars ($625,000.00) 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. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents including amendments and modifications to said Agreement, all 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 Attor 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. 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 2 of 2 File ID: 5475 (Revision:) Printed on: 4/15/2025