HomeMy WebLinkAboutR-23-0226City 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: 7/1/2025
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 Resolution are
hereby adopted by reference thereto 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 authorized1 to negotiate and execute all other
necessary documents, including, but not limited to, amendments, modifications, assignments,
assumptions, and transfers, 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 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 3 File ID: 13954 (Revision: A) Printed on: 7/1/2025
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:
ndez, City Attor
ey
5/2/2023
ndez, City ttor
City of Miami Page 3 of 3 File ID: 13954 (Revision: A) Printed on: 7/1/2025