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HomeMy WebLinkAboutR-21-0179City of Miami Resolution R-21-0179 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8891 Final Action Date: 4/22/2021 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 1649-51, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTIES LOCATED AT 1649 NORTHWEST 5 STREET AND 1651 NORTHWEST 5 STREET, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), FOR A PURCHASE PRICE OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED IN AN AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($2,675,000.00) TO COVER ALL COSTS OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND ALL CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. WHEREAS, the City of Miami ("City") wishes to acquire the real properties located at 1649 Northwest 5 Street and 1651 Northwest 5 Street, Miami, Florida (collectively, "Property"); and WHEREAS, the City plans to construct a park on the Property that will serve the recreational and cultural needs of the area and enhance the quality of life of residents in the surrounding area; and WHEREAS, 1649-51, LLC, a Florida Limited Liability Company ("Seller"), is the owner of the Property and 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 Two Million Five Hundred Thousand Dollars ($2,500,000.00) ("Purchase Price"); and WHEREAS, pursuant to Section 166.045(1)(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 City of Miami Page 1 of 2 File ID: 8891 (Revision:) Printed On: 5/19/2025 File ID: 8891 Enactment Number: R-21-0179 WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida certified appraisers and the average appraised value of the Property was determined to be Two Million Three Hundred Thousand Dollars ($2,300,000.00); and WHEREAS, Section 166.045(1)(b), Florida Statutes, further states that if the agreed purchase price exceeds the average appraised price of the two (2) appraisals, the governing body is required to approve the purchase by an extraordinary vote; and WHEREAS, the City's total cost for the acquisition of the Property shall not exceed Two Million Six Hundred Seventy -Five Thousand Dollars ($2,675,000.00), which is inclusive of all closing costs and related costs pertaining to the purchase; and WHEREAS, funds for the acquisition of the Property, including all closing and related costs, shall be allocated from a source to be determined, subject to applicable laws; 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 herein as if fully set forth in this Section. Section 2. 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 for the Purchase Price. Section 3. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including amendments and modifications to the Agreement, all in forms acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Section 4. The City Manager shall budget, allocate, and appropriate necessary funds in an amount not to exceed Two Million Six Hundred Seventy -Five Thousand Dollars ($2,675,000.00) for the costs of acquisition, including without limitation, the cost of survey, environmental reports, title insurance, demolition, securing the property, project signage, and all closing costs associated with said acquisition, with the allocation and appropriation to occur by separate Resolution at time of need from legally available funding sources in accordance with applicable operating and/or capital plan budgets, including amendments of such applicable budget(s) as necessary. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 4/12/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 8891 (Revision:) Printed on: 5/19/2025