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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM x File ID: #5390 Date: 01/10/2019 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 01/24/2019 Sponsored By: Joe Carollo District Impacted: District 3 Type: Resolution Subject: Land Acquisition - 2445 SW 5 Ave & 471 SW 25 Rd Purpose of Item: A Resolution of the Miami City Commission, authorizing the City Manager to execute a Purchase and Sale Agreement ("Agreement"), in a form acceptable to the City Attorney, by a four fifths (4/5ths) affirmative vote, between the City of Miami ("City") and Mango Road LLC ("Seller"), for the acquisition of real property located at 2445 Southwest 5 Avenue and 471 Southwest 25 Road, Miami, Florida 33129 (collectively the "Property"), for a purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00); allocating funds from the Office of Capital Improvement ("OCI") Project No. 40- 13183415, District 3 Park Land Acquisition, in a total amount not to exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the Property, project signage and related applicable closing costs associated with said acquisition, in accordance with the terms and conditions of the Agreement; 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. Background of Item: The City of Miami ("City") wishes to acquire the real property located at 2445 Southwest 5 Avenue and 471 Southwest 25 Road, Miami, Florida 33129 (collectively the "Property"). The City plans to construct a park that will enhance the quality of life of residents in the surrounding area. Mango Road LLC ("Seller") has agreed to enter into a purchase and sale agreement ("Agreement") with the City to convey the Property to the City for a purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00) ("Purchase Price"). Pursuant to Section 166.045(b), Florida Statutes, entitled "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. The City obtained two (2) appraisal reports from licensed State of Florida certified appraisers. 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. The City's estimated total cost for the acquisition of the Property will not exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental report, title insurance, demolition, securing the property, project signage and related applicable closing costs associated with said acquisition, in accordance with the terms and conditions of the agreement. Funds are to be allocated from the Office of Capital Improvement ("OCI") Project No. 40-13183415, District 3 Park Land Acquisition. Budget Impact Analysis Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $1,130,000.00 CIP Proiect No: 40-13183415 (D3 Park Reviewed By Real Estate and Asset Management Yvonne Hernandez Office of Management and Budget Yvette Smith Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 01/10/2019 9:08 AM Budget Analyst Review Completed 01/11/2019 8:22 PM Budget Review Completed 01/14/2019 9:31 AM Assistant City Manager Review Completed 01/14/2019 9:42 AM City Manager Review Completed 01/14/2019 9:47 AM Legislative Division Review Completed 01/14/2019 2:20 PM ACA Review Completed 01/14/2019 3:04 PM Deputy City Attorney Review Completed 01/14/2019 4:07 PM Approved Form and Correctness Completed 01/14/2019 5:17 PM Meeting Completed 01/24/2019 9:00 AM Legislative Division Review Completed 01/28/2019 9:02 AM ACA Review Completed 01/28/2019 9:39 AM Deputy Attorney Review Completed 01/29/2019 2:42 PM Approved Form and Correctness Completed 01/30/2019 6:41 PM Signed by the Mayor Completed 02/04/2019 4:58 PM Signed and Attested by the City Clerk Completed 02/04/2019 5:39 PM Rendered Completed 02/04/2019 5:39 PM File Number: 5390 City of Miami Legislation Resolution Enactment Number: R-19-0049 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/24/2019 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 MANGO ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2445 SOUTHWEST 5TH AVENUE AND 471 SOUTHWEST 25TH ROAD, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY") WITH AN APPROXIMATE TOTAL AREA OF 12,700 SQUARE FEET, AS SHALL BE LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00); ALLOCATING FUNDS FROM THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-13183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY THOUSAND DOLLARS ($1,130,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUDING THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND 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. WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 2445 Southwest 5th Avenue and 471 Southwest 25th Road, Miami, Florida (collectively, "Property") with an approximate total area of 12,700 square feet; and WHEREAS, the Property is located in an underserved area with respect to parks; and WHEREAS, the City plans to construct a park that will enhance the quality of life of residents in the surrounding area; and WHEREAS, Mango Road LLC, a Florida limited liability company ("Seller"), has agreed to enter into a Purchase and Sale Agreement, in a form acceptable to the City Attorney ("Agreement"), to convey the Property to the City for a total purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00); 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 Five Hundred Thousand Dollars ($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 reflecting a market value of Eight Hundred Ninety Thousand Dollars ($890,000.00) and Nine Hundred Forty Thousand Dollars ($940,000.00), respectively, with an average value for the two (2) appraisals of Nine Hundred Fifteen Thousand Dollars ($915,000.00); 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; and WHEREAS, the City's estimated total cost for the acquisition of the Property will not exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00) to cover the cost of said acquisition including the cost of a survey, environmental report, title insurance, demolition, securing the property, project signage, and related applicable closing costs associated with said acquisition, all in accordance with the terms and conditions of the Agreement; and WHEREAS, the funds necessary for said estimated total cost for the acquisition of the Property are to be allocated from the City's OCI Project No. 40-13183415, District 3 Park Land Acquisition; 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. By a four-fifths (4/5ths) affirmative vote of the City Commission, the City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the Seller for the acquisition of the Property with an approximate total area of 12,700 square feet as shall be legally described in the Agreement for a total purchase price of One Million One Hundred Thousand Dollars ($1,100,000.00). Section 3. Funding for the acquisition of the Property is to be allocated from the City's OCI Project No. 40-13183415, District 3 Park Land Acquisition in a total amount not to exceed One Million One Hundred Thirty Thousand Dollars ($1,130,000.00) to cover the cost of said acquisition including the cost of a survey, environmental report, title insurance, demolition, securing the Property, project signage, and applicable related closing costs in accordance with the terms and conditions in the Agreement. Section 4. The City Manager is further authorized' to negotiate and execute any and 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. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, 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. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i�t-ndez, City Httor iey 1 114/2019 Revision A has the Scrivener's amendment by law instead of original version. 1 i ria i "ndez, City Httor iey 1130/2019 department and per legal opinion, it may be certified