HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hann , itClerk
FROM: Victoria Me City Attorney
DATE; January 29 20
REr Resolution No. 1 - 049
File No. 5390
At its January 24, 2019 Meeting, the City Commission adopted the above referenced
e Purchase and Sale Agreement for the purchase of the property
Agenda Item RE,4 regarding th
located at 2445 Southwest 5 Avenue and 471 She two
2 Sa appraisals at�$700,000-00 and
resolution inadvertently stated that the value of the t (} pP
$800,000.00, with an average appraised value of $750,000-00. However,� z correct raised value
each of the two (2) appraisals are $890,000.00 and $940,000-00,
of $915;000.00.
The Legislation has been corrected to include the correct appraisal values and the
Legislation finalized in Revision A.
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Ot City of Miami
r, Legislation
°T Resolution: R-19-0049
o,e
File Number: 5390
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.
SPONSOR(S): Commissioner Joe Carollo
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
City of Miami Page 1 of 3 File ID: 5390 (Revision: A) Printed On: 113112019
File ID: 5390
Enactment Number: R-19-0049
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 -Bl 83415, 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.
' 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.
City of Miami Page 2 of 3 File ID: 5390 (Revision: A) Printed on: 1/31/2019
File ID: 5390
Enactment Number: R-19-0049
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor .2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, ity ttor ley 1!1412019 ria dez, ity Attor ley 1/30/2019
z 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: 5390 (Revision: A) Printed on: 113112019