HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney slQ"e1c wysong-III
DATE: June 16, 2025
RE: Updated Substitution - RE.25 on the June 17, 2025, City Commission
Meeting: By 4/5 Affirmative Vote, Authorize City Manager to Negotiate the
Purchase and Sale of Properties Located on Southwest 7th & 8th Streets and
Southwest 9th Avenue, For Affordable Housing.
File No.: 17742
Item RE.25 on the June 17, 2025, City Commission Meeting Agenda proposes to
acquire properties located on Southwest 7th & 8th Streets and Southwest 9th Avenue for
Affordable Housing. The Legislation is being substituted to include an assignment of an
existing property lease agreement by Seller to the City and to specify the amounts being
allocated and appropriated from each funding source. Attached are the substituted
Legislation, Exhibits and Backup for this file.
cc. Arthur Noriega V, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
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City of Miami
Legisfa1ldi" 17
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Resolitti�n 'E_ ;f �'(l L"
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17742 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/5THS) 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"), FOR A 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
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, SECURING THE PROPERTY, PROJECT
SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID
r— ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
N 711E AGREEMENT; AUTHORIZING THE CITY MANAGER TO MAKE ANY
41-IANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S
OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN,
MI'MULTI-YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE,
PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING,
RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY
Lt
Li• ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY •
Lrz --z I3EPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS,
RROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER
SYSTEMS IN CONNECTION HEREWITH.
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 (i.e. a four -fifths (4/5ths) vote of the
City Commission); and
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
HEREAS, funds in an amount not to exceed Eleven Million Ninety Six Thousand Three
Hirdred Seventy One Dollars ($11,096,371.00) are to be allocated from the Public Benefits
Tret Fund to the Affordable Housing Trust Fund; and
AREAS, the City's estimated total cost for the acquisition of the Property shall not
expeed'Fburteen 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
Tnas# Furict in an amount not to exceed One Million Three Hundred Seventeen Thousand
Seventyy1 `6ilars ($1,317,070.00), from the Affordable Housing Trust Fund in an amount not to
exd ;Eleven Million Ninety Six Thousand Three Hundred Seventy One Dollars
($1T09 71.00), 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
Agreement.
Section 4. The City Manager is further authorized' 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 authorized' 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 aft
signature of the Mayor.2 c cr:ii
APPROVED AS TO FORM AND CORRECTNESS:
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.
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
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17742 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BYA FOUR -FIFTHS (4/5THS) 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 90
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, ,mot= ""1
FLORIDA (COLLECTIVELY "PROPERTY"), FOR A PURCHASE PRICE OF "
FOURTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS "~ ($14,500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO = ca
NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND "J
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 AND LEASE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID ACQUISITION; AND, PURSUANT TO SECTION 62-642 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE");
FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE CERTAIN
FUNDS, 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 CERTAIN FUNDS
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 AND THE AFFORDABLE HOUSING TRUST
FUND IN 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, SECURING
THE PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS
ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE
City of Miami Page 1 of 4 File ID: 17742 (Revision:) Printed On: 6/17/2025
File ID: 17742 Enactment Number:
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
-71
PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS,
NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THISI
RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMgQ
CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE-±
DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANQAL
CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND 2
COMPUTER SYSTEMS IN CONNECTION HEREWITH. 3.t
r—
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
LZ :8 Nei L 1 NIT SZOZ
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 (Le. a four -fifths (4/5ths) vote of the
City Commission); and
WHEREAS, the City has agreed to enter into a Lease Agreement ("Lease"), with the
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"), 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
rn
m
City of Miami Page 2 of 4 File ID: 17742 (Revision:) Printed on: 647/2025
File ID: 17742 Enactment Number:
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, certain funds are to be allocated from the Public Benefits Trust Fund to the
Affordable Housing Trust Fund, pursuant to the attached and incorporated Exhibit "A"; 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 figyis
being allocated, appropriated, and awarded from the District 3 Miami for Everyone Pres.anf
Funds and Affordable Housing Trust Fund in a combined total amount not to exceed., ,irteten
Million Seven Hundred Ninety Thousand Dollars ($14,790,000.00), to cover the cosflitpaic
acquisition, inclusive of the cost of surveys, environmental reports, title insurance, detha,lition,
securing the property, project signage and all related closing costs associated with s :,,
acquisition, in accordance with the terms and conditions of the Agreement; c-a v.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITYF °O
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 the Lease,
between the City and Tenant, in a form acceptable to the City Attorney, to effectuate the City's
acquisition of the Property as a condition to the Agreement.
Section 4. The City Manager is further authorized' to negotiate and execute all
necessary documents, including amendments and modifications to said Agreement 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 authorized' to allocate certain funds, 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.
Section 6. Authorizing the appropriation of certain funds from the District 3 Miami for
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 3 of 4 File ID: 17742 (Revision:) Printed on: 6/17/2025
File ID: 17742 Enactment Number:
Everyone Program Funds and the Affordable Housing Trust Fund 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 and Affordable Housing Trust
Fund, in 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
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 4 of 4 File ID: 17742 (Revision:) Printed on: 6/17/2025