HomeMy WebLinkAboutR-25-0224City of Miami
Resolution R-25-0224
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17742 Final Action Date: 6/17/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/STHS) 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 ("CITY") AND AUYANTEPUY
INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"),
FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS FOLIO
NUMBER(S) 01-4138-003-2280, 01-4138-003-2270, 01-4138-003-2260, 01-
4138-003-2250, 01-4138-003-2240 AND 01-4138-003-2150, LOCATED AT 901
SOUTHWEST 8TH STREET, 925 SOUTHWEST 8TH STREET, 939
SOUTHWEST 8TH STREET, 955 SOUTHWEST 8TH STREET, 965
SOUTHWEST 8TH STREET AND 922 SOUTHWEST 7TH STREET, MIAMI,
FLORIDA (COLLECTIVELY "PROPERTY"), FORA PURCHASE PRICE OF
FOURTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($14,500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN ASSIGNMENT AND ASSUMPTION
AGREEMENT ("ASSIGNMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, OF THAT CERTAIN LEASE AGREEMENT ("LEASE") DATED
DECEMBER 1, 2022, BETWEEN SELLER AND SELLER'S EXISTING TENANT,
SANPOCHO RESTAURANT INC., A FLORIDA FOR PROFIT CORPORATION
("TENANT"), RESIDING ON A PORTION OF THE PROPERTY LOCATED AT
901 SOUTHWEST 8TH STREET AND 925 SOUTHWEST 8TH STREET
("LEASED PREMISES"); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ASSIGNMENT
AND LEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE SAID ACQUISITION; AND, FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE ELEVEN MILLION
NINETY SIX THOUSAND THREE HUNDRED SEVENTY ONE DOLLARS
($11,096,371.00) PURSUANT TO SECTION 62-642 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), UPON THE CITY
MANAGER'S RECOMMENDATION, FROM THE PUBLIC BENEFITS TRUST
FUND, ACCOUNT NO. 10095, TO THE AFFORDABLE HOUSING TRUST
FUND, ACCOUNT NO. 14008.910101.4810000.0000.00000; APPROPRIATING
IN AN AMOUNT NOT TO EXCEED ELEVEN MILLION NINETY SIX THOUSAND
THREE HUNDRED SEVENTY ONE DOLLARS ($11,096,371.00) FROM THE
AFFORDABLE HOUSING TRUST FUND TO BE USED FOR THE ACQUISITION
OF THE PROPERTY; FUNDING FOR THE ACQUISITION SHALL NOT EXCEED
FOURTEEN MILLION SEVEN HUNDRED NINETY THOUSAND DOLLARS
($14,790,000.00) WITH FUNDS BEING ALLOCATED, APPROPRIATED, AND
AWARDED FROM DISTRICT 3 MIAMI FOR EVERYONE PROGRAM FUNDS
TRUST FUND IN AN AMOUNT NOT TO EXCEED ONE MILLION THREE
HUNDRED SEVENTEEN THOUSAND SEVENTY DOLLARS ($1,317,070.00),
FROM THE AFFORDABLE HOUSING TRUST FUND IN AN AMOUNT NOT TO
City of Miami Page 1 of 5 File ID: 17742 (Revision: B) Printed On: 8/26/2025
File ID: 17742 Enactment Number: R-25-0224
EXCEED ELEVEN MILLION NINETY SIX THOUSAND THREE HUNDRED
SEVENTY ONE DOLLARS ($11,096,371.00), AND FROM COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN AN AMOUNT NOT TO
EXCEED TWO MILLION THREE HUNDRED SEVENTY SIX THOUSAND FIVE
HUNDRED FIFTY NINE DOLLARS ($2,376,559.00) FORA COMBINED TOTAL
AMOUNT NOT TO EXCEED FOURTEEN MILLION SEVEN HUNDRED NINETY
THOUSAND DOLLARS ($14,790,000.00), TO COVER THE COST OF SAID
ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS, ENVIRONMENTAL
REPORTS, TITLE INSURANCE, 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) 01-4138-003-2280, 01-4138-003-2270, 01-4138-003-2260, 01-4138-003-2250, 01-
4138-003-2240 and 01-4138-003-2150, located at 901 Southwest 8th Street, 925 Southwest 8th
Street, 939 Southwest 8th Street, 955 Southwest 8th Street, 965 Southwest 8th Street And 922
Southwest 7th Street, Miami, Florida, as more particularly described in attached and
incorporated Exhibit "B"; (collectively "Property"); and
WHEREAS, the City plans to construct an affordable housing project on the Property to
ameliorate the City's emergency need for affordable housing, which is in the best interest of the
City and the community; and
WHEREAS, Auyantepuy Investments, LLC, a Florida Limited Liability Company ("Seller")
has agreed to enter into a Purchase and Sale Agreement ("Agreement"), with the City to sell the
Property for a purchase price of Fourteen Million Five Hundred Thousand Dollars
($14,500,000.00) ("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
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 (a four -fifths (4/5ths) vote of the City
Commission); and
City of Miami Page 2 of 5 File ID: 17742 (Revision: B) Printed on: 8/26/2025
File ID: 17742 Enactment Number: R-25-0224
WHEREAS, the City has agreed to Seller's assignment of the Lease and assume the
rights and obligations set forth therein to effectuate the City's acquisition of the Property as a
condition to the Agreement; and
WHEREAS, Section 62-642 of the Code of the City of Miami, Florida, as amended, ("City
Code") established a trust fund entitled the Public Benefits Trust Fund," in order to collect the
cash contributions made according to Ordinance No. 13114, the Zoning Code of the City of
Miami, Florida, as amended ("Miami 21 Code"), to supplement affordable/workforce
housing, public parks and open space, and green building certification shortfalls; and
WHEREAS, Section 62-642 of the City Code further provides that the City Commission,
upon the manager's recommendation, shall annually allocate funds collected; and
WHEREAS, Section 62-642 of the City Code further indicates that all cash contributions
allocated by the City Commission to support affordable/workforce housing shall be deposited in
the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the
City Commission; and all cash contributions allocated by the City Commission to support parks
and open space shall be deposited in the Parks and Open Space Trust Fund to be expended in
accordance with the guidelines outlined therein; and
WHEREAS, funds in an amount not to exceed Eleven Million Ninety Six Thousand Three
Hundred Seventy One Dollars ($11,096,371.00) are to be allocated from the Public Benefits
Trust Fund to the Affordable Housing Trust Fund; and
WHEREAS, the City's estimated total cost for the acquisition of the Property shall not
exceed Fourteen Million Seven Hundred Ninety Thousand Dollars ($14,790,000.00), with funds
being allocated, appropriated, and awarded from District 3 Miami For Everyone Program Funds
Trust Fund in an amount not to exceed One Million Three Hundred Seventeen Thousand
Seventy Dollars ($1,317,070.00), from the Affordable Housing Trust Fund in an amount not to
exceed Eleven Million Ninety Six Thousand Three Hundred Seventy One Dollars
($11,096,371.00), and from Community Development Block Grant ("CDBG") Funds in an
amount not to exceed Two Million Three Hundred Seventy Six Thousand Five Hundred Fifty
Nine Dollars ($2,376,559.00) for a combined total amount not to exceed Fourteen Million Seven
Hundred Ninety Thousand Dollars ($14,790,000.00), 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;
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,
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 an
assignment and assumption agreement ("Assignment") of the Lease, in a form acceptable to the
City Attorney, to effectuate the City's acquisition of the Property as a condition to the
City of Miami Page 3 of 5 File ID: 17742 (Revision: B) Printed on: 8/26/2025
File ID: 17742 Enactment Number: R-25-0224
Agreement.
Section 4. The City Manager is further authorized1 to negotiate and execute all
necessary documents, including amendments and modifications to said Agreement, Assignment
and Lease, in a form acceptable to the City Attorney, as may be necessary to effectuate said
acquisition.
Section 5. The City Manager is further authorized1 to allocate funds, upon the City
Manager's recommendation, in an amount not to exceed Eleven Million Ninety Six Thousand
Three Hundred Seventy One Dollars ($11,096,371.00), from the Public Benefits Trust Fund,
Account No. 10095, to the Affordable Housing Trust Fund, Account No.
14008.910101.4810000.0000.00000.
Section 6. Authorizing the appropriation from the District 3 Miami For Everyone Program
Funds Trust Fund in an amount not to exceed One Million Three Hundred Seventeen Thousand
Seventy Dollars ($1,317,070.00), from the Affordable Housing Trust Fund in an amount not to
exceed Eleven Million Ninety Six Thousand Three Hundred Seventy One Dollars
($11,096,371.00), and from Community Development Block Grant ("CDBG") Funds in an
amount not to exceed Two Million Three Hundred Seventy Six Thousand Five Hundred Fifty
Nine Dollars ($2,376,559.00) (CDBG Funds approved via separate Resolution) for a combined
total amount not to exceed Fourteen Million Seven Hundred Ninety Thousand Dollars
($14,790,000.00), to be used for the acquisition of the Property.
Section 7. Funding for the acquisition shall not exceed Fourteen Million Seven Hundred
Ninety Thousand Dollars ($14,790,000.00) with funds being allocated, appropriated, and
awarded from the District 3 Miami For Everyone Program Funds Trust Fund in an amount not to
exceed One Million Three Hundred Seventeen Thousand Seventy Dollars ($1,317,070.00), from
the Affordable Housing Trust Fund in an amount not to exceed Eleven Million Ninety Six
Thousand Three Hundred Seventy One Dollars ($11,096,371.00), and from Community
Development Block Grant ("CDBG") Funds in an amount not to exceed Two Million Three
Hundred Seventy Six Thousand Five Hundred Fifty Nine Dollars ($2,376,559.00) for a combined
total amount not to exceed Fourteen Million Seven Hundred Ninety Thousand Dollars
($14,790,000.00), 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.
Section 8. The City Manager is further 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 9. 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.'
Section 10. This Resolution shall become effective immediately upon its adoption and
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 4 of 5 File ID: 17742 (Revision: B) Printed on: 8/26/2025
File ID: 17742
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Enactment Number: R-25-0224
25/2025 Ge r i . Wv�ina III City �[ttor ev / 8/22/2025
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 5 of 5 File ID: 17742 (Revision: B) Printed on: 8/26/2025