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Home My WebLink AboutMaster ReportCity of Miami Master Report Enactment Number: R-25-0021 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17133 Revision: A File Type: Resolution Status: ADOPTED WITH MODIFICATION(S) Controlling Body: City Commission File Name: Approve - Settlement Agrmt - South River Introduced: 1/13/2025 Warehouse Requesting Dept: Department of Real Estate and Asset Final Action Date: 1/23/2025 Management Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, WITH ATTACHMENT(S), APPROVING AND GRANTING THE CITY MANAGER THE AUTHORITY AND DISCRETION TO PROCEED WITH ONE OF THE FOLLOWING TWO OPTIONS, ON OR BEFORE FEBRUARY 3, 2025, EITHER: (1) AUTHORIZING THE DEPOSIT AND PAYMENT OF TEN MILLION SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($10,780,000.00) FOR THE CONDEMNATION OF REAL PROPERTY LOCATED AT 5 AND 27 SOUTHWEST SOUTH RIVER DRIVE, IDENTIFIED BY FOLIO NUMBERS 01-0201-010-1070 AND 01-0201-010-1020 (COLLECTIVELY, "RIVERFRONT PROPERTY" ), FROM SOUTH RIVER WAREHOUSE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ( "RESPONDENT" ) IN CASE NUMBER 21-027229-CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ( "CASE" ); OR (2) AUTHORIZING AN AGREEMENT WITH RESPONDENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ( "SETTLEMENT AGREEMENT" ) TO SETTLE THE CASE IN THE MANNER SET FORTH IN SUCH SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE PURCHASE AND SALE AGREEMENT ("PURCHASE AGREEMENT") IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "A," SUBSTANTIALLY INCORPORATING TERMS AND CONDITIONS STIPULATED IN THE LETTER OF INTENT ATTACHED HERETO AS EXHIBIT "B" ( "LOI" ), BETWEEN THE CITY OF MIAMI ( "CITY" ) AND GARAFIA, LLC, A FLORIDA LIMITED LIABILITY COMPANY ( "SELLER" ), FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED BY FOLIO NUMBERS 01-4102-006-6450, 01-4102-006-6460, 01-4102-006- 6470, 01-4102-006-6480 AND 01-4102-006-6490 LOCATED IN MIAMI, FLORIDA (COLLECTIVELY, "ALTERNATIVE PROPERTY"), FOR AN AFFORDABLE HOUSING PROJECT, FOR UP TO TEN MILLION EIGHT HUNDRED NINETY-THREE THOUSAND DOLLARS ($10,893,000.00), WHICH IS INCLUSIVE OF THE PURCHASE PRICE OF NINE MILLION DOLLARS ($9,000,000.00), BENEFITS -BASED ATTORNEY' S FEES, EXPERTS FEES AND LITIGATION COSTS, AND ALL CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE EITHER THE ACQUISITION OF THE RIVERFRONT PROPERTY OR THE SETTLEMENT OF THE CASE AND ACQUISITION OF THE ALTERNATIVE PROPERTY; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; FURTHER APPROVING, City of Miami Page 1 of 3 Printed on: 8/12/2025 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: R-25-0021 AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY' S FISCAL YEAR 2024-2025 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 7, 2024 PURSUANT TO RESOLUTION NO. R-24-0328 ( "ADOPTED CAPITAL PLAN" ), AS SUBSEQUENTLY AMENDED, APPROPRIATING FUNDS AS SET FORTH HEREIN, AS APPLICABLE; ALLOCATING, APPROPRIATING, AND AWARDING FUNDS FROM THE DISTRICT 3 COMMISSIONER' S SHARE OF THE CITY' S MIAMI FOR EVERYONE PROGRAM, PROJECT NO. 004-D3MFE, IN AN AMOUNT NOT TO EXCEED NINE MILLION ONE HUNDRED AND ELEVEN THOUSAND FIVE HUNDRED AND TWO DOLLARS ($9,111,502.00) ( "MFE PROGRAM FUNDS" ), WITH OTHER DISTRICT 3 FUNDING SOURCES AS SET FORTH HEREIN IN A TOTAL AMOUNT OF TEN MILLION SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($10,780,000.00) FOR THE DEPOSIT AND ACQUISITION OF THE RIVERFRONT PROPERTY, OR IN THE ALTERNATIVE ALLOCATING, APPROPRIATING AND AWARDING SUCH FUNDS IN A TOTAL AMOUNT OF TEN MILLION EIGHT HUNDRED NINETY-THREE THOUSAND DOLLARS ($10,893,000.00) FOR THE SETTLEMENT OF THE CASE AND ACQUISITION OF THE ALTERNATIVE PROPERTY, TO COVER THE COST OF SAID SETTLEMENT AND ACQUISITION, INCLUDING BUT NOT LIMITED TO THE COST OF ATTORNEY' S FEES, EXPERT FEES, LITIGATION COSTS, SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT AND PURCHASE AGREEMENT, WITH ALL SUCH FUNDING SUBJECT TO COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSES; FURTHER WAIVING CERTAIN REQUIREMENTS OF THE CITY' S MIAMI FOR EVERYONE PROGRAM. Notes: Links: Attachments: 17133 Exhibit A (SUB) (PDF) 17133 Exhibit B (PDF) 17133 Exhibit C (Obsolete) (PDF) 17133 Substitution Memo from Department of Real Estate and Asset Management 17133 Legislation -SUB (PDF) History of Legislative File: (PDF) Revision: Acting Body: Date: Action: Result: Andrew Frey Lai -wan McGinnis Leon P Michel Larry M. Spring Natasha Colebrook -Williams Arthur Noriega V Legislative Division Jacqueline Lorenzo City Commission City Commission A Legislative Division 1/13/2025 1/13/2025 1/13/2025 1/13/2025 1/13/2025 1/13/2025 1/13/2025 1/13/2025 1/23/2025 1/23/2025 1/24/2025 Department Head Review Budget Analyst Review Budget Review Assistant City Manager Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Meeting ADOPTED WITH MODIFICATION(S) Legislative Division Review Completed Completed Completed Completed Completed Completed Completed Completed Completed Passed Completed City of Miami Page 2 of 3 Printed on: 8/12/2025 City of Miami Master Report Enactment Number: R-25-0021 A Jacqueline Lorenzo 1/24/2025 ACA Review Completed A George K. Wysong III 1/24/2025 Approved Form and Completed Correctness with Modification(s) A Mayor's Office 1/27/2025 Signed by the Mayor Completed A City Clerk's Office 1/27/2025 Signed and Attested by the City Completed Clerk A City Clerk's Office 1/27/2025 Rendered Completed City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Page 3 of 3 Printed on: 8/12/2025