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HomeMy WebLinkAboutLegislation-SUBCity of Miami Resolution R-23-0226 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13954 Final Action Date: 5/11/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION 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 WEST FLAGLER ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 425 NORTHWEST 37 AVENUE, MIAMI, FLORIDA (FOLIO NO. 01-4104-023-0200), 435 NORTHWEST 37 AVENUE, MIAMI, FLORIDA (FOLIO NO. 01-4104-023-0190), AND 445 NORTHWEST 37 AVENUE (FOLIO NO. 01-4104-023-0180) (COLLECTIVELY, "PROPERTY"), FOR A PURCHASE PRICE OF THREE MILLION, FOUR HUNDRED SEVENTY-NINE THOUSAND AND 00/100 DOLLARS ($3,479,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING . AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS THE DISTRICT 4 COMMISSIONER'S SHARE OF THE MIAMI FOREVER LIMITED AD VALOREM BOND FUNDS FOR SEA LEVEL RISE MITIGATION AND FLOOD PREVENTION PROJECTS, SPECIFICALLY EAST FLAGAMI FLOOD MITIGATION (PUMP STATION) PROJECT, PROJECT NO. 40-B223801, IN AN AMOUNT NOT TO EXCEED THREE MILLION, FIVE HUNDRED FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($3,554,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 425 Northwest 37 Avenue, Miami, Florida (Folio No. 01-4104-023-0200), 435 Northwest 37 Avenue, Miami, Florida (Folio No. 01-4104-023-0190), and 445 Northwest 37 Avenue, Miami, Florida (Folio No. 01-4104-023-0180) (collectively, "Property"); and WHEREAS, West Flagler Associates, Ltd., a Florida Limited Partnership ("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 Three Million, Four Hundred Seventy -Nine Thousand and 00/100 Dollars ($3,479,000.00) ("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 City of Miami Page 1 of 3 File ID: 13954 (Revision: A) Printed On: 7/112023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 1�954 QqQfion-suC3 File ID: 13954 Enactment Number: R-23-0226 amount in excess of Five Hundred Thousand and 00/100 Dollars ($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 stating that the average appraised value of the Property is at least the Purchase Price; and WHEREAS, the City's total cost for the acquisition of the Property shall not exceed Three Million, Five Hundred Fifty -Four Thousand and 00/100 Dollars ($3,554,000.00), which is inclusive of the Purchase Price as well as all closing costs and related costs pertaining to the acquisition; and WHEREAS, as part of the acquisition of the Property, the Seller will assign to the City the lease for the outdoor advertising billboard ("Billboard") currently on the Property; and WHEREAS, as part of the assignment of the Billboard lease, all maintenance and liability relating to the operation of the Billboard shall remain with the tenant of the Billboard lease at tenant's sole cost and expense, and the Billboard shall be removed at tenant's sole expense upon the termination of the lease on April 30, 2024; and WHEREAS, funds for the acquisition of the Property, including the Purchase Price and all closing costs and related costs, shall be allocated from the District 4 Commissioner's share of the Miami Forever Limited Ad Valorem Bond funds for Sea Level Rise Mitigation and Flood Prevention projects, specifically East Flagami Flood Mitigation (Pump Station) Project, Project No. 40-B223801; and WHEREAS, such allocation shall be in compliance with all applicable Federal, State of Florida ("State"), local, and City laws, rules, and regulations for affordable housing projects, including but not limited to the City's Tranche 2 Sea Level Rise Mitigation and Flood Prevention projects, the Tranche 2 Sea Level Rise Mitigation and Flood Prevention projects Intent to Reimburse Resolution No. R-21-0504 adopted December 9, 2021, and the Tranche 2 Miami Forever Limited Ad Valorem Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this ResolutlG)i arr hereby adopted by reference thereto and incorporated herein as if fully set forth in thS$,Secttdn. j Section 2. The City Manager is authorized' to negotiate and execute the A eir¢'neo1. in 0 a form acceptable to the City Attorney, between the City and the Seller, for the acq i'i ion ofthe Property, for the Purchase Price. "ye, Section 3. The City Manager is further authorized' to negotiate and execute- l,othl? necessary documents, including, but not limited to, amendments, modifications, assidiaijnerts, assumptions, and transfers, in a form acceptable to the City Attorney, as may be necessaqio effectuate said acquisition. 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 2 of 3 File ID: 13954 (Revision: A) Printed on: 7/11/2023 File ID: 13954 Enactment Number R-23-0226 Section 4. The City Manager shall allocate and appropriate necessary funds in an amount not to exceed Three Million, Five Hundred Fifty -Four Thousand and 00/100 Dollars ($3,554,000.00), for the costs of acquisition, including without limitation, the Purchase Price, cost of survey, environmental reports, title insurance, demolition, securing the property, project signage, and all closing costs associated with said acquisition, allocating funds from the District 4 Commissioner's share of the Miami Forever Limited Ad Valorem Bond funds for Sea Level Rise Mitigation and Flood Prevention projects, specifically East Flagami Flood Mitigation (Pump Station) Project, Project No. 40-B223801, subject to compliance with all applicable Federal, State of Florida ("State"), local, and City laws, rules, and regulations for affordable housing projects, including but not limited to the City's Tranche 2 Sea Level Rise Mitigation and Flood Prevention projects, the Tranche 2 Sea Level Rise Mitigation and Flood Prevention projects Intent to Reimburse Resolution No. R-21-0504 adopted December 9, 2021, and the Tranche 2 Miami Forever Limited Ad Valorem Bonds. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: v c� ' THIS DOCUMENT IS A SUBSTITUTION TO r- c, _, — 1 - Jrf� 110 :c c� 0 ri co ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 File ID: 12954 (Revision: A) Printed on: 7/11/2023 D City of Miami 23 JUL I 1 Ari e: Legislation Resolution City Hall 3500 Pan Ameri Drive Miami, FL 33 www.mia •v.com File Number: 13954 > i r ;`,'' Final Lion Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SA ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTO THE CITY OF MIAMI ("CITY") AND WEST FLAGLER ASSOCIAT LIMITED PARTNERSHIP ("SELLER"), FOR THE ACQUISITIO LOCATED AT 425 NORTHWEST 35 AVENUE, MIAMI, FLOR 4104-023-0200), 435 NORTHWEST 37 AVENUE, MIAMI, F 4104-023-0190), AND 445 NORTHWEST 37 AVENUE (F (COLLECTIVELY, "PROPERTY"), FOR A PURCHASE FOUR HUNDRED SEVENTY-NINE THOUSAND AN ($3,479,000.00); FURTHER AUTHORIZING THE CI AND EXECUTE ALL NECESSARY DOCUMENT MODIFICATIONS TO SAID AGREEMENT, ALL CITY ATTORNEY, AS MAY BE NECESSARY ALLOCATING FUNDS THE DISTRICT 4 C FOREVER LIMITED AD VALOREM BON MITIGATION AND FLOOD PREVENT! FLAGAMI FLOOD MITIGATION (PU B223801, IN AN AMOUNT NOT TO FIFTY-FOUR THOUSAND AND 0 COST OF SAID ACQUISITION ENVIRONMENTAL REPORT'; PROPERTY, PROJECT SI WITH SAID ACQUISITIO►. OF THE AGREEMENT T CITY AGREEMENT EY, BETWEEN , LTD., A FLORIDA F REAL PROPERTY A (FOLIO NO. 01- RIDA (FOLIO NO. 01- 10 NO. 01-4104-023-0180) ICE OF THREE MILLION, 0/100 DOLLARS MANAGER TO NEGOTIATE NCLUDING AMENDMENTS AND FORMS ACCEPTABLE TO THE 0 EFFECTUATE SAID ACQUISITION; MISSIONER'S SHARE OF THE MIAMI UNDS FOR SEA LEVEL RISE PROJECTS, SPECIFICALLY EAST STATION) PROJECT, PROJECT NO. 40- XCEED THREE MILLION, FIVE HUNDRED 100 DOLLARS ($3,554,000.00), TO COVER THE CLUSIVE OF THE COST OF SURVEY, TITLE INSURANCE, DEMOLITION, SECURING THE AGE AND RELATED CLOSING COSTS ASSOCIATED IN ACCORDANCE WITH THE TERMS AND CONDITIONS WHEREAS, t City of Miami ("City") wishes to acquire the real property located at 425 Northwest 35 Aven Miami, FLORIDA (Folio No. 01-4104-023-0200), 435 Northwest 37 Avenue, Miami, F .`rida (Folio No. 01-4104-023-0190), and 445 Northwest 37 Avenue, Miami, Florida (Folio N ► ' 01-4104-023-0180) (collectively, "Property"); and WH . EAS, West Flagler Associates, Ltd., a Florida Limited Partnership ("Seller"), has agreed to nter into a Purchase and Sale Agreement ("Agreement") with the City to convey the Prope o the City for a purchase price of Three Million, Four Hundred Seventy -Nine Thousand and 0 ' 100 Dollars ($3,479,000.00) ("Purchase Price"); and WHEREAS, pursuant to Section 166.045(b), Florida Statutes, titled "Proposed Purchase Real Property by Municipality; Confidentiality of Records; Procedure," for each purchase in an amount in excess of Five Hundred Thousand and 00/100 Dollars ($500,000.00), the governing body shall obtain at least two (2) appraisals by appraisers approved pursuant to Section 253.025, Florida Statutes; and SUBSTITUTED WHEREAS, the City obtained two (2) appraisal reports from licensed State of Flo .a certified appraisers stating that the average appraised value of the Property is at least Purchase Price; and WHEREAS, the City's total cost for the acquisition of the Property shall no Three Million, Five Hundred Fifty -Four Thousand and 00/100 Dollars ($3,554,00 inclusive of the Purchase Price as well as all closing costs and related costs p acquisition; and xceed 0), which is aining to the WHEREAS, as part of the acquisition of the Property, the Seller w assign to the City the lease for the outdoor advertising billboard ("Billboard") currently on t Property; and WHEREAS, as part of the assignment of the Billboard lease, maintenance and liability relating to the operation of the Billboard shall remain with the tena .f the Billboard lease at tenant's sole cost and expense, and the Billboard shall be remov:, at tenant's sole expense upon the termination of the lease on April 30, 2024; and WHEREAS, funds for the acquisition of the Property ;' cluding the Purchase Price and all closing costs and related costs, shall be allocated from e District 4 Commissioner's share of the Miami Forever Limited Ad Valorem Bond funds for ea Level Rise Mitigation and Flood Prevention projects, specifically East Flagami Flood Mi ation (Pump Station) Project, Project No. 40-B223801; and WHEREAS, such allocation shall be in co Florida ("State"), local, and City laws, rules, and including but not limited to the City's Tranche projects, the Tranche 2 Sea Level Rise Mitig Reimburse Resolution No. R-21-0504 ado Forever Limited Ad Valorem Bonds; iance with all applicable Federal, State of gulations for affordable housing projects, ea Level Rise Mitigation and Flood Prevention on and Flood Prevention projects Intent to d December 9, 2021, and the Tranche 2 Miami -nr NOW, THEREFORE, BE IT R..:OLVED BY THE COMMISSION OF THE sI '1( O MIAMI, FLORIDA:o Section -- Section 1. The recitals a findings contained in the Preamble to this Reson are rn hereby adopted by reference t eto and incorporated herein as if fully set forth in1bis Sefition. < F Section 2. The City anager is authorized' to negotiate and execute the Air-pgm€rit, in a form acceptable to the C' Attomey, between the City and the Seller, for the acquiRionzsf the Property, for the Purcha Price. Section 3. T City Manager is further authorized' to negotiate and execute all other necessary docume , including, but not limited to, amendments, modifications, assignments, assumptions, and ansfers, in a form acceptable to the City Attorney, as may be necessary to effectuate said quisition. Secti amount no ($3,554,0 cost of signa 4. The City Manager shall allocate and appropriate necessary funds in an o exceed Three Million, Five Hundred Fifty -Four Thousand and 00/100 Dollars .00), for the costs of acquisition, including without limitation, the Purchase Price, rvey, environmental reports, title insurance, demolition, securing the property, project , and all closing costs associated with said acquisition, allocating funds from the District e herein authorization is further subject to compliance with all legal requirements that may be posed, including but not limited to those prescribed by applicable City Charter and City Code provisions. SUBSTITUTED 4 Commissioner's share of the Miami Forever Limited Ad Valorem Bond funds Rise Mitigation and Flood Prevention projects, specifically East Flagami Flood Station) Project, Project No. 40-B223801, subject to compliance with all applic State of Florida ("State"), local, and City laws, rules, and regulations for affor projects, including but not limited to the City's Tranche 2 Sea Level Rise Mi Prevention projects, the Tranche 2 Sea Level Rise Mitigation and Flood P Intent to Reimburse Resolution No. R-21-0504 adopted December 9, 2 Miami Forever Limited Ad Valorem Bonds. ea Level gallon (Pump le Federal, Lite housing ation and Flood vention projects , and the Tranche 2 for Section 5. This Resolution shall become effective immedia y upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: SUBSTITUTE