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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8932 Date: 04/16/2021 Commission Meeting Date: 05/13/2021 Requesting Department: City Manager's Office Sponsored By: District Impacted: District 3 Type: Resolution Subject: Execute - Purchase and Sale Agreement - 1641 NW 5th Street Purpose of Item: 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 Carlos A. Rodriguez, as Successor Trustee of Flora Rodriguez Revocable Trust ("Seller"), for the acquisition of real property located at 1641 Northwest 5 Street, Miami, Florida ("Property"), One Million Two Hundred Thirty -Six Thousand Dollars ($1,236,000.00) ("Purchase Price"); 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; allocating funds from a source to be determined, in an amount not to exceed One Million Four Hundred Twenty -Five Thousand Dollars ($1,425,000.00), 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, in accordance with the terms and conditions of the Agreement. Background of Item: The City of Miami ("City") wishes to acquire the real property located at 1641 Northwest 5 Street, Miami, Florida ("Property"). The City plans to construct a park that will serve the recreational and cultural needs of the area and enhance the quality of life of residents in the surrounding area. Carlos A. Rodriguez, as Successor Trustee of Flora Rodriguez Revocable Trust ("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 Two Hundred Thirty -Six Thousand Dollars ($1,236,000.00) ("Purchase Price"). 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. 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 (i.e. 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 Four Hundred Twenty -Five Thousand Dollars ($1,425,000.00), with funds being allocated from a source to be determined. Budget Impact Analysis Item has NOT an Expenditure Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $1,425,000.00 General Account No: TBD City Manager's Office Office of Management and Budget Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Arthur Noriega V Aniska Elliott Leon P Michel Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez Nicole Ewan City Clerk's Office City Manager Review Budget Analyst Review Budget Analyst Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed 04/19/2021 8:40 AM Completed 04/19/2021 9:21 AM Completed 04/20/2021 2:24 PM Completed 04/20/2021 2:39 PM Completed 04/21/2021 12:30 PM Completed 04/29/2021 2:21 PM Completed 05/03/2021 5:26 PM Completed 05/13/2021 9:00 AM Completed 05/18/2021 11:31 AM City of Miami Legislation Resolution Enactment Number: R-21-0188 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8932 Final Action Date:5/13/2021 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 AND CARLOS A. RODRIGUEZ AS SUCCESSOR TRUSTEE OF FLORA RODRIGUEZ REVOCABLE TRUST FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1641 NORTHWEST 5 STREET, MIAMI, FLORIDA FORA PURCHASE PRICE OF ONE MILLION TWO HUNDRED THIRTY-SIX THOUSAND DOLLARS ($1,236,000.00); 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 ONE MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,425,000.00) 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 property located at 1641 Northwest 5 Street, Miami, Florida ("Property"); and WHEREAS, the City plans to construct a park at 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, Carlos A. Rodriguez as Successor Trustee of Flora Rodriguez Revocable Trust ("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 Two Hundred Thirty - Six Thousand Dollars ($1,236,000.00) ("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 WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida certified appraisers ("Appraisals"); and WHEREAS, Section 166.045(1)(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 (i.e., a four -fifths [4/5ths] vote of the City Commission); and WHEREAS, the Purchase Price exceeds the average appraised value indicated in the Appraisals; and WHEREAS, the City's total cost for the acquisition of the Property shall not exceed One Million Four Hundred Twenty -Five Thousand Dollars ($1,425,000.00), which is inclusive of the Purchase Price as well as all closing and related costs pertaining to the acquisition; and WHEREAS, funds for the acquisition of the Property shall be allocated from a source to be determined, subject to all 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 documents, including amendments and modifications to said 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 One Million Four Hundred Twenty -Five Thousand Dollars ($1,425,000.00) 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 budgets as necessary. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: "ri e tCity ttor 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.