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 GeK. w,$°."t"III
DATE: December 9, 2025
RE: Substitution of Item RE.16 on the December 11, 2025, City Commission
Meeting: Resolution requesting authorization, by a 4/5ths affirmative vote, to
purchase property located at 7373 S.W. 6 Street, Miami, FL., ("Property") for
a purchase price in the amount of $799,000.00.
File No.: 18612
Item RE 16, on the December 11, 2025, City Commission Meeting Agenda
proposes to authorize the City's purchase, by a 4/5ths affirmative vote, certain Property
located at 7373 S.W. 6 Street, Miami, FL., for a purchase price in the amount of
$799,000.00.
The Legislation is being substituted to provide further authorization to install a
commemorative granite plaque recognizing the Property as the former residence of Dr.
Amelia Borges Moore, the last Official Consul of the Republic of Cuba government, and
her daughter, Mrs. Amelia Perez -Gill, both of whom resided in and maintained the home
from 1960 until the City of Miami acquired the Property.
cc. Arthur Noriega V, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
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City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18612 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 AMELIA T. PEREZ-GILL AND TRUSTEE OF THE JOSE PEREZ-GILL AMENDED
AND RESTATED REVOCABLE TRUST, DATED DECEMBER 22, 2016, ("SELLER"),
FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01-
4002-003-2570, LOCATED AT 7373 SOUTHWEST 6 STREET, MIAMI, FLORIDA
("PROPERTY"), FOR A PURCHASE PRICE OF SEVEN HUNDRED NINETY-NINE
THOUSAND DOLLARS ($799,000.00); 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 EIGHT HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($865,000.00) WITH
FUNDS BEING ALLOCATED, APPROPRIATED, AND AWARDED FROM DISTRICT 4
PARK ENHANCEMENTS AND EXPANSION CAPITAL PROJECT, 40-B243516, USING
PARK IMPACT FEES,TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF
THE COST OF SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE,
SECURING THE PROPERTY, DEMOLITION, PROJECT SIGNAGE AND ALL
RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT;
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE
AND SUBMIT ONE OR MORE APPLICATIONS FOR A FUTURE LAND USE MAP
AMENDMENT AND REZONING AS NECESSARY TO DESIGNATE TO "PARKS AND
RECREATION" ON THE CITY'S ADOPTED FUTURE LAND USE MAP ("FLUM") OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AND "CS"
TRANSECT ZONE ON THE CITY'S ADOPTED ZONING ATLAS ("ZONING ATLAS")
OF THE MIAMI 21 ZONING CODE (ORDINANCE NO. 13114 OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED) ("MIAMI 21 CODE"), UPON THE ACQUISITION BY THE
CITY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TaaTAKE
ANY AND ALL NECESSARY STEPS TO INSTALL THE COMMORATIVE GR 'iNI1
PLAQUE AS DESCRIBED HEREIN.
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SPONSOR(S): Commissioner Ralph "Rafael" Rosado -<-4 c' 0
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WHEREAS, the City of Miami ("City") wishes to acquire real property identiflgd-as fcgio ,7
number(s) 01-4002-003-2570, located at 7373 Southwest 6 Street, Miami, Florida ( pe "); m
and
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WHEREAS, the City agrees and commits to installing a commemorative gran plaque
recognizing the Property as the former residence of Dr. Amelia Borges Moore, the last Official
Consul of the Republic of Cuba government, and her daughter, Mrs. Amelia Perez -Gill, both of
City of Miami Page 1 of 3 File ID: 18612 (Revision:) Printed On: 12/8/2025
File ID: 18612 Enactment Number:
whom resided in and maintained the home from 1960 until the City of Miami acquired the
Property;
WHEREAS, Amelia T. Perez -Gill and Trustee of the Jose Perez -Gill Amended and
Restated Revocable Trust, dated December 22, 2016, ("Seller") have agreed to enter into a
Purchase and Sale Agreement ("Agreement"), with the City to sell the Property for a purchase
price of Seven Hundred Ninety-nine Thousand Dollars ($799,000.00) ("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, funding for the acquisition shall not exceed Eight Hundred Sixty -Five
Thousand Dollars ($865,000.00) with funds being allocated, appropriated, and awarded from
District 4 Park Enhancements and Expansion Capital Project, 40-B243516, using Park Impact
Fees,to cover the cost of said acquisition, inclusive of the cost of surveys, environmental
reports, title insurance, securing the property, demolition, project signage and all related cluing
costs associated with said acquisition, in accordance with the terms and conditions optle can
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agreement; Ica o r ii
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE COX ORD -1
MIAMI, FLORIDA: -�
Section 1. The recitals and findings contained in the Preamble to this Resoltita%)
hereby adopted by reference thereto and incorporated herein as if fully set forth in thi4ec +cn.
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 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 4. Funding for the acquisition shall not exceed Eight Hundred Sixty -Five
Thousand Dollars ($865,000.00) with funds being allocated, appropriated, and awarded from
District 4 Park Enhancements and Expansion Capital Project, 40-B243516, using Park Impact
Fees,to cover the cost of said acquisition, inclusive of the cost of surveys, environmental
reports, title insurance, securing the property, demolition, project signage and all related closing
costs associated with said acquisition, in accordance with the terms and conditions of the
Agreement.
Section 5. The City Manager is further authorized' and directed to prepare and submit
any and all applications for a future land use map amendment and rezoning as necessary to
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: 18612 (Revision:) Printed on: 12/8/2025
File ID: 18612 Enactment Number:
designate the Property to "Parks and Recreation" on the City's adopted Future Land Use Map.
Section 6. The City Manager is further authorized' and directed to take any and all
necessary steps to install the commorative granite plaque as described herein.
Section 6. This Resolution shall become effective immediately upon its adoption.
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City of Miami Page 3 of 3 File ID: 18612 (Revision:) Printed on: 12/8/2025
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18612 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 AMELIA T. PEREZ-GILL AND
TRUSTEE OF THE JOSE PEREZ-GILL AMENDED AND RESTATED
REVOCABLE TRUST, DATED DECEMBER 22, 2016, ("SELLER"), FOR THE
ACQUISITION OF REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01-
4002-003-2570, LOCATED AT 7373 SOUTHWEST 6 STREET, MIAMI,
FLORIDA ("PROPERTY"), FOR A PURCHASE PRICE OF SEVEN HUNDRED
NINETY-NINE THOUSAND DOLLARS ($799,000.00); 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
EIGHT HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($865,000.00) WITH
FUNDS BEING ALLOCATED, APPROPRIATED, AND AWARDED FROM
DISTRICT 4 PARK ENHANCEMENTS AND EXPANSION CAPITAL PROJECT,
40-B243516, USING PARK IMPACT FEES,TO COVER THE COST OF SAID
ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS, ENVIRONMENTAL
REPORTS, TITLE INSURANCE, SECURING THE PROPERTY, DEMOLITION,
PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED
WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO PREPARE AND SUBMIT ONE OR
MORE APPLICATIONS FOR A FUTURE LAND USE MAP AMENDMENT AND
REZONING AS NECESSARY TO DESIGNATE TO "PARKS AND
RECREATION" ON THE CITY'S ADOPTED FUTURE LAND USE MAP ("FLUM")
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AND
"CS" TRANSECT ZONE ON THE CITY'S ADOPTED ZONING ATLAS "ZONING
ATLAS") OF THE MIAMI 21 ZONING CODE (ORDINANCE NO. 13114F g-IE
CITY OF MIAMI, FLORIDA, AS AMENDED) ("MIAMI 21 CODE"), UPS TI
ACQUISITION BY THE CITY. rrl '`7
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SPONSOR(S): Commissioner Ralph "Rafael" Rosado r'7=: s'
WHEREAS, the City of Miami ("City") wishes to acquire real property identifteo as olio j
number(s) 01-4002-003-2570, located at 7373 Southwest 6 Street, Miami, Florida (Mroppty");0
and
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City of Miami Page 1 of 3 File ID: 18612 (Revision:) Printed On: 12/9/2025
File ID: 18612 Enactment Number:
WHEREAS, Amelia T. Perez -Gill and Trustee of the Jose Perez -Gill Amended and
Restated Revocable Trust, dated December 22, 2016, ("Seller") have agreed to enter into a
Purchase and Sale Agreement ("Agreement"), with the City to sell the Property for a purchase
price of Seven Hundred Ninety-nine Thousand Dollars ($799,000.00) ("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, funding for the acquisition shall not exceed Eight Hundred Sixty -Five
Thousand Dollars ($865,000.00) with funds being allocated, appropriated, and awarded from
District 4 Park Enhancements and Expansion Capital Project, 40-B243516, using Park Impact
Fees,to cover the cost of said acquisition, inclusive of the cost of surveys, environmental
reports, title insurance, securing the property, demolition, project signage and all related closing
costs associated with said acquisition, in accordance with the terms and conditions of the
a i cl'
agreement;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE Cj OFF' y
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this ResolOcp arm
hereby adopted by reference thereto and incorporated herein as if fully set forth in tI ectren. j
r- o
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 acquisitidn of the
Property for the Purchase Price.
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Section 3. 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 4. Funding for the acquisition shall not exceed Eight Hundred Sixty -Five
Thousand Dollars ($865,000.00) with funds being allocated, appropriated, and awarded from
District 4 Park Enhancements and Expansion Capital Project, 40-6243516, using Park Impact
Fees,to cover the cost of said acquisition, inclusive of the cost of surveys, environmental
reports, title insurance, securing the property, demolition, project signage and all related closing
costs associated with said acquisition, in accordance with the terms and conditions of the
Agreement.
Section 5. The City Manager is further authorized' and directed to prepare and submit
any and all applications for a future land use map amendment and rezoning as necessary to
designate the Property to "Parks and Recreation" on the City's adopted Future Land Use Map.
Section 6. This Resolution shall become effective immediately upon its adoption.
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: 18612 (Revision:) Printed on: 12/9/2025
File ID: 18612
Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
Wy j ng III, C y or y 12/2/2025
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City of Miami Page 3 of 3 File ID: 18612 (Revision:) Printed on: 12/9/2025