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Home My WebLink AboutR-25-0047City of Miami Resolution R-25-0047 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17258 Final Action Date: 2/13/2025 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 MARIA M. HERNANDEZ AND TERESITA HERNANDEZ, AS TRUSTEES OF THE JOSE R. HERNANDEZ, FAMILY TRUST, ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS FOLIO NUMBER(S) 01-4103-014-0010 AND 01-4103-014-0020, LOCATED AT 1702 AND 1714 W FLAGLER STREET, MIAMI, FLORIDA (COLLECTIVELY "PROPERTY"), FORA PURCHASE PRICE OF FIVE MILLION DOLLARS ($5,000,000.00); 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; FUNDING FOR THE ACQUISITION SHALL NOT EXCEED FIVE MILLION ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($5,175,000.00) WITH FUNDS BEING ALLOCATED, APPROPRIATED, AND AWARDED FROM THE MIAMI FOR EVERYONE PROGRAM FUNDS AND A NEW DISTRICT 3 PARK ENHANCEMENTS AND EXPANSION CAPITAL PROJECT NUMBER 40-B253502 IN A COMBINED TOTAL AMOUNT NOT TO EXCEED FIVE MILLION ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($5,175,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF 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 AGREEMENT; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") wishes to acquire real property identified as folio number(s) 01-4103-014-0010 and 01-4103-014-0020, located at 1702 and 1714 West Flagler Street, Miami, Florida (collectively "Property"); and WHEREAS, Maria M. Hernandez and Teresita Hernandez, as Trustees of the Jose R. Hernandez, Family Trust ("Seller") has agreed to enter into a Purchase and Sale Agreement City of Miami Page 1 of 3 File ID: 17258 (Revision: A) Printed On: 8/12/2025 File ID: 17258 Enactment Number: R-25-0047 ("Agreement"), with the City to sell the Property for a purchase price of Five Million Dollars ($5,000,000.00) ("Purchase Price"); and WHEREAS, the City is the owner of the adjacent property identified as folio number 01- 4103-000-0015, located at 1700 West Flagler Street, Miami, Florida, also known as Plaza de la Cubanidad, noted for its cultural and social activity in the City ("Plaza"); and WHEREAS, the City plans to construct a park at the Property to expand the Plaza to serve the recreational and cultural needs of the area and enhance the quality of life of residents in the surrounding area; 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 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; and WHEREAS, 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); and WHEREAS, a new appropriation of Park Impact Fees per Section 12.(b) of the Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("PBA") is required in the amount of $1,000,000.00 to fund a new District 3 Park Enhancements and Expansion capital project number 40-6253502; and WHEREAS, the City's estimated total cost for the acquisition of the Property shall not exceed Five Million One Hundred Seventy -Five Thousand Dollar ($5,175,000.00), with funds being allocated, appropriated, and awarded from the Miami for Everyone Program Funds and a new District 3 Park Enhancements and Expansion capital project number 40-B253502 in a combined total amount not to exceed Five Million One Hundred Seventy -Five Thousand Dollars ($5,175,000.00); 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 an Agreement, between the City and Seller, in a form acceptable to the City Attorney, for the acquisition of the Property for the Purchase Price. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to said Agreement, in a form 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: 17258 (Revision: A) Printed on: 8/12/2025 File ID: 17258 Enactment Number: R-25-0047 acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Section 4. Funding for the acquisition shall not exceed Five Million One Hundred Seventy -Five Thousand Dollar ($5,175,000.00) with funds being allocated, appropriated, and awarded from the Miami for Everyone Program Funds and a new District 3 Park Enhancements and Expansion capital project number 40-B253502 in a combined total amount not to exceed Five Million One Hundred Seventy -Five Thousand Dollars ($5,175,000.00). Section 5. The City Manager is authorized' to budget, allocate, and appropriate the $1,000,000.00, referenced hereinabove, to be utilized for the new capital project and update the Adopted Capital Plan. Section 6. The City Manager is authorized to make any changes to adjust, amend, and appropriate the City's Operating Budget, Five -Year Financial Plan, Strategic Plan, and Multi - Year Capital Plan, as necessary and applicable, pursuant to the provisions of this Resolution. Section 7. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection herewith are hereby authorized', ratified, approved, and confirmed. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 3/13/2025 3/18/2025 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 17258 (Revision: A) Printed on: 8/12/2025