INVITATION TO BID

ISSUED ON
_________________, 2014
FOR SALE OF THE
PROPERTY LOCATED AT
1401 NORTH MIAMI AVENUE
MIAMI, FLORIDA

OMNI COMMUNITY REDEVELOPMENT AGENCY

COMMISSIONER Marc Sarnoff CHAIRMAN
COMMISSIONER Francis Suarez VICE-CHAIRMAN
COMMISSIONER Wifredo Gort
COMMISSIONER Keon Hardemon
COMMISSIONER Frank Carollo
Pieter A. Bockweg, Executive Director
Bid Due Date:

(TIME DUE/AM/PM), (DATE DUE)

Bids Accepted Only At:

OMNI Community Redevelopment Agency

1401 N. Miami Avenue
2nd Floor
Miami, FL 33136
Telephone: (305) 679-6851

Further Information:

OMNI Community Redevelopment Agency

1401 N. Miami Avenue
2nd Floor
Miami, FL 33136
Pieter A. Bockweg
Telephone: (305) 679-6868

TABLE OF CONTENTS
I.
II.
III.
Exhibit A
Exhibit B
Exhibit C

Property Description
Instructions to Bidders
Bid Form
Legal Description of Property
Purchase and Sale Agreement
Restaurant Lease

I
PROPERTY DESCRIPTION

The OMNI Community Redevelopment Agency (Omni) is soliciting bids for the sale
of the real property (Property) located at 1401 N. Miami Avenue, Miami, Florida
more particularly described in Exhibit A attached hereto and made a part hereof.
Property Profile:
Total Size:
Zoning:

14,017 s.f., ( .3218 acres, more or less)

The Property is presently zoned T6-24. This designation generally
allows for Commercial. This category is located in areas directly
served by (TYPE OF ROADWAYS).
Minimum lot size is
(NUMERICAL AMOUNT) square feet; minimum lot width is
(NUMERICAL AMOUNT) feet; maximum floor area ratio is
(NUMERICAL AMOUNT RATIO) times the gross lot area. Offstreet parking requirements are typically one space per
(NUMERICAL AMOUNT) square feet of gross floor area. This
Property is designated as a historic property, and thus potential
Bidders must adhere to all rules governing historic properties.

Access/Frontage:
The general boundaries of the neighborhood extend North from 13th
Street to 20Th Street and west from NW 1st Place to N. Bayshore Dr. The
neighborhood is further intersected by the I-395 elevated expressway.
Biscayne Blvd and N. Miami Ave is a major north-south traffic artery
though the neighborhood.
The Property is centrally located in Miami within an older neighborhood
which is over 50% developed.
The Property is Corner Lot of NE 14th Street and N. Miami Ave in shape
with a (NUMERICAL LENGTH) ft. frontage along (STREET) and is 136
linear ft. in depth on N. Miami Ave.
It is conveniently located in the NE sector of the City of Miami, within
the residential neighborhood known as Media Entertainment District.
This is a close-in residential and commercial area immediately North of
the City of Miami central business district.
General Information:
The Property is being offered for sale "as is". No representations or warranties
of any kind or nature as to its condition or the occupancy which may be made
thereof are made. Omnis purpose in soliciting Bids is to realize its vision of
integrating the Property into the existing development of the area. In this regard,
Omni shall evaluate the narrative included in each Bid describing the proposed use
and shall weigh responses in addition to the Bid prices.

Bidders should note that there is currently a Lease on the Property for the first
floor, approximately 5,400 square feet. The build-out of the restaurant has not
begun, thus if interested, the successful Bidder could negotiate with the current
Lessee to buy the Lease, thereby having the right to operate the first floor area.
In addition, Bidders must note that acquisition of the Property is subject to a lease
for One Dollar ($1.00) per year in Omnis favor, authorizing Omni to occupy
approximately 5,200 square feet of the second floor of the Property until Omni
sunsets in October 2030. The Parties shall enter into the lease contemporaneously with
the execution of a Purchase and Sale Agreement.

Bidders shall be permitted to inspect the Property by appointment only. In

connection with such inspection, there shall be no soil tests or other invasive tests
which can or may cause damage to the Property unless the Bidder has received
Omnis City's prior written approval for such tests. Bidders must furnish Omni a
copy of all test results. All such entries upon the Property shall be at the risk of
Bidder and Omni shall have no liability for any injuries sustained by Bidder or any
of Bidder's agents or contractors. Upon completion of Bidder's investigations and
tests, Bidder agrees to promptly repair or restore any damage to the Property
caused by Bidder, its agents and contractors to the same condition as it existed
before Bidder's entry upon the Property. Prior to any entry upon the Property for
purposes of inspection or testing, Bidders and Bidder's agents and contractors, shall
execute an Inspection Indemnity Form.
Omni is issuing this Invitation to Bid (ITB). The contact person for all inquiries
related to this ITB is Pieter A. Bockweg at (305) 679-6868.
Prospective Bidders are advised that the execution of the Purchase and Sale
Agreement will be subject to final approval by the Omni Board.

II
INSTRUCTIONS TO BIDDERS
Bid Submission: Bidders must complete, acknowledge and submit their Bid in
accordance with the instructions set forth herein. Additional documentation which
is to be submitted by the Bidder in accordance with the Bid, if any, should be
attached to the completed form.
Bid Due Date: Whether forwarded by mail or personally delivered, the Bid envelope
must be received by the OMNI Community Redevelopment Agency, 1401 N. Miami
Avenue, Second Floor, Miami, Florida 33136, by (TIME AM/PM) on (DAY OF
WEEK), (DUE DATE). Untimely submissions, or submissions delivered to another
location, will not be accepted. Bids shall be in a sealed envelope and shall contain
the following information on the face of the envelope:
BID FROM: __________________________
Name
__________________________
Address
__________________________
OFFER TO PURCHASE CITY PROPERTY LOCATED AT
1401 N. Miami Avenue, Second Floor, Miami, Florida 33136
DUE DATE: ___________ TIME: ____________
Signature of Bidder: Bidders must sign the Bid Document in the space provided for
signature. If the Bidder is a partnership, the word "Authorized General Partner"
shall appear after the signature of the partner. Proof of authority of the partner
executing the Bid on behalf of the partnership shall be attached to the Bid Form. If
the Bidder is a corporation, the required signature will be of the President or Vice
President or Chief Executive Officer with the official corporate seal affixed thereto.
Rejection of Bid: Omni reserves the right to accept any responsive and responsible
Bid, waive any irregularities in any Bid, to cancel all invitations to Bid before Bid
opening, to reject any or all Bids after Bid opening and/or to readvertise for Bids.
Withdrawal of Bid: Any Bid may be withdrawn for any reason prior to the final
time for receipt of Bids. Any Bidder who withdraws his/her Bid after the final time
for receipt of Bids will forfeit his/her Bid Deposit which will become Omnis
property, and the Bidder waives all claims with respect thereto.
Bid Deposit: All Bids must be accompanied by a Bid Deposit as a guarantee in the
form of a certified check, cashier's check, official bank check or money order made

payable to the "Omni Community Redevelopment Agency" (NO CASH) in the

amount of One Thousand dollars ($1,000.00).
Bid Price:
1)

No Bid will be considered below Three Million dollars

($3,000,000)

2)

Purchase Price shall be payable in certified check, cashiers

check, official bank check or wire transfer at the time of
closing.

3)

Bidder (Purchaser) shall pay all costs Omni incurs in the sale
of the Property by cashier's check or certified check at
Closing. The Bidder (Purchaser) shall not be responsible for
the cost of recording any corrective instrument which may be
required to convey clear title or for the cost of any certified,
confirmed and ratified special assessment liens as of the date
of the Purchase and Sale Agreement. The costs Omni incurs in
connection with the sale will not exceed Twenty Five
Thousand dollars ($25,000). Additionally, the Bidder
(Purchaser) shall be required to reimburse Omni for the
actual cost of the land survey and appraisals of the Property
in the amount of Twenty Five Thousand dollars ($25,000).

4)

Bids should not contain contingencies including the obtaining

of financing. Omni will not provide any direct or indirect
financing for the acquisition of this Property.

5)

Bids must include a narrative describing the proposed use of

the Property, so that Omni can evaluate the Bid that provides
the highest community benefit.

Interpretation of Bid Documents: Each Bidder shall thoroughly examine the Bid
Documents and judge for him/herself all matters relating to the conditions and
requirements of this ITB. Bidders are invited to request clarification of any of the
requirements or conditions expressed herein prior to submission of his/her Bid by
writing t0 Pieter A. Bockweg 1401 N. Miami Avenue, Second Floor, Miami, Florida
33136 or by contacting via telephone at (305) 679-6868.
Acceptance Process. The Bidder submitting the Bid which the Executive Director
will recommend to the Omni Board will receive written notice (Notice) advising
him/her of the time and place for establishing the terms of a Purchase and Sale
Agreement (Agreement), a template of which is attached hereto as Exhibit B. The
Omni Board must expressly authorize the Executive Director to execute the
Agreement for purposes of consummating the transaction. No Bid shall be deemed
binding until such time as the Purchase and Sale Agreement is fully executed by the
parties and approved by the Omni Board.

Any Bid which is incomplete, conditional, or which contains irregularities of any

kind, may be cause for rejection of the Bid at Omnis sole discretion.
In the event that Executive Director recommends a Bid, and the Bidder fails to
execute the Agreement with Omni within fifteen (15) days from the date of approval
by the Omni Board, Omni shall retain the Bid Deposit as liquidated damages, and
not as a penalty, and reserves the right to recommend to the Omni Board the Bid of
any other Bidder or re-advertise using the same or revised documentation, at its
sole discretion.

III
BID
TO:

Omni Community Redevelopment Agency

1401 N. Miami Avenue
Miami, Florida 33136

1.

The undersigned hereby makes a Bid for the purchase of the Property from
the Omni Community Redevelopment Agency, located at 1401 N. Miami
Avenue, Miami, Florida 33136.

2.

Indicate the purchase price offered:

______________________________________________(in figures).
______________________________________________
______________________________________________(in words).
Bids below Two Million Eight Hundred Thousand dollars ($2,800,000)
will be automatically rejected.
In the event that there is a discrepancy between the price written in words
and the price written in figures, the price written in words shall govern.

3.

The undersigned understands that Omni reserves the right to reject any and
all Bids at any time, for any reason, prior to the execution of a Purchase and
Sale Agreement.
_________________________ Bidder's Initials.

4.

The undersigned understands that this Bid is a firm offer and that upon
notice from the Executive Director Manager that he will recommend the Bid
to the Omni Board, which notice shall be mailed to the undersigned at the
address stated below, the undersigned will, within fifteen (15) days after
receipt of such notice, execute a Purchase and Sale Agreement. The
undersigned further acknowledges that in the event the undersigned
withdraws his/her Bid after the Bid Due Date ((TIME AM/FM AND
DATE)) or if the Bidder fails to execute a Purchase and Sale Agreement
within the time frame set forth above, Omni shall keep the Bid Deposit as
liquidated damages and not as a penalty.
_________________________ Bidder's Initials.

5.

The undersigned understands that Omni shall return all Bid Deposits,
except those of the three (3) highest responsible and responsive Bidders
within approximately ten (10) business days after the Executive Directors
mailing of the Notice to the winning Bidder, and that the Bid Deposits of the
three (3) highest responsible and responsive Bidders, except that of the
Bidder whose Bid is accepted by the Executive Director, will be returned
within approximately ten (10) business days from that date of execution by
the Bidder (Purchaser) and Omni of the Purchase and Sale Agreement. The
undersigned further understands that if he/she is the successful Bidder,
Omni will retain the Bid Deposit and credit it towards the purchase price.
_________________________ Bidder's Initials.

6.

The undersigned understands that if this Bid is accepted and Omni and the
Bidder enter into an Agreement for Purchase and Sale, the Bidder
(Purchaser) must within five (5) days of the date the parties execute the
Purchase and Sale Agreement, deposit with the Escrow Agent a sum which
when added to the Bid Deposit will represent 10% of the Purchase Price,
which sum will be retained in escrow and will be part of the Purchase Price.
_________________________ Bidder's Initials.

7.

The undersigned understands that if this Bid is accepted, the undersigned

will pay the costs Omni incurs in the sale of the Property. Additionally, the
Bidder (Purchaser) shall be required to reimburse Omni for the actual cost of
the land survey and appraisals of the Property, in the amount Twenty Five
Thousand dollars ($25,000).
_________________________ Bidder's Initials.

8.

The undersigned represents that this Bid is made in good faith without fraud
or collusion, and that the undersigned has not entered into any agreement
with any other Bidder or prospective Bidder or with any other person, firm or
corporation relating to the purchase price stated in this Bid or in any other
Bid, nor any agreement or arrangement under which any person, firm or
corporation is to refrain from Bidding, nor any agreement or arrangement for
any act or omission in restraint of free competition among Bidders. The
undersigned agrees to hold harmless, defend and indemnify Omni for any
noncompliance by the undersigned with the aforementioned representations
or with the antitrust laws of the United States and of the State of Florida.
_________________________ Bidder's Initials.

9.

The undersigned understands that the Omni Board must expressly authorize
the Executive Director to execute the Purchase and Sale Agreement for
purposes of consummating the transaction. No Bid shall be deemed binding
until such time as the Purchase and Sale Agreement is fully executed by the
parties and approved by the Omni Board.
_________________________ Bidder's Initials.

10.

The undersigned understands that at closing, the Purchaser shall be

required to execute a covenant which shall run with the land. The covenant
of a Municipal Service Fee shall provide that if the Property, or any portion
thereof, is purchased by an exempt entity under Chapter 196 Florida
Statutes, or is utilized for an exempt purpose, that the owner of the Property
shall pay to the City a payment in lieu of taxes (PILOT) to fund the cost of
providing municipal services to the Property. The PILOT shall be equal to
the amount of taxes the City would have received had the property not been
exempt from taxation.
_________________________ Bidder's Initials.
BID SUBMITTED BY

INDIVIDUAL
____________________________
Signature of Bidder

______________________________
Address

____________________________
Print Name of Bidder

______________________________

STATE OF FLORIDA

)
) SS
COUNTY OF _______
)
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2014 by ___________________________ (name of person
acknowledging) who is personally
known to me or who has produced
____________________________ (type of identification) as identification and who did
(did not) take an oath.
____________________________
Signature of Notary Public
____________________________
Print Name
____________________________
Commission No.

10

PARTNERSHIP
____________________________
Signature of Bidder

______________________________
Address

____________________________
Print Name of Bidder

______________________________

STATE OF FLORIDA
COUNTY OF _______

)
) SS
)

The foregoing instrument was acknowledged before me this _____ day of

_______________, 2014 by ___________________________ (name of person
acknowledging), on behalf of __________________________(name of partnership), a
partnership.
He/she is personally known to me or who has produced
____________________________ (type of identification) as identification and who did
(did not) take an oath.
____________________________
Signature of Notary Public
____________________________
Print Name
____________________________
Commission No.
MEMBERS OF PARTNERSHIP MUST ATTACH (1) COPY OF PARTNERSHIP
AGREEMENT(S) AND AMENDMENTS THERETO, IF ANY, (2) LIST OF NAMES
AND ADDRESSES OF ALL PARTNERS SPECIFYING WHETHER EACH IS A
GENERAL OR LIMITED PARTNER, (3) PROOF OF AUTHORITY OF THE PARTY
EXECUTING THIS BID ON BEHALF OF THE PARTNERSHIP, AND (4) AFFIDAVIT
THAT THE INFORMATION LISTED IS CURRENT, TRUE AND CORRECT.

11

CORPORATION
Corporation is incorporated in the State of _________________
President
_____________________
Vice President _____________________
Secretary
_____________________
Treasurer
_____________________
Place of business is in __________________________________
____________________________
Signature of President,
Vice President or CEO

______________________________
Address

____________________________
Print Name and Title

______________________________

(Corporate Seal)
ATTEST:

_______________________
Secretary
_______________________
Print Name

STATE OF FLORIDA
COUNTY OF _______

)
) SS
)

The foregoing instrument was acknowledged before me this _____ day of

_______________, 2014 by ___________________________ (name of officer or agent,
title of officer or agent) of ____________________________ (name of corporation
acknowledging), a ______________________ (state or place of incorporation)
corporation, on behalf of the corporation. He/she is personally known to me or has
produced ____________________________ (type of identification) as identification and
who did (did not) take an oath.
____________________________
Signature of Notary Public
____________________________
Print Name
____________________________
Commission No.
ATTACH COPY OF (1) CORPORATE CHARTER, (2) CURRENT CERTIFICATE OF
CORPORATE GOOD STANDING, (3) PROOF OF REGISTRATION WITH FLORIDA
SECRETARY OF STATE, (4) CERTIFICATE EVIDENCING COMPLIANCE WITH
THE FLORIDA FICTITIOUS NAME STATUTE, IF APPLICABLE, (5) COMPLETE
LIST OF OFFICERS AND DIRECTORS, AND (6) DULY SIGNED AND DATED
CORPORATE RESOLUTION GIVING SPECIFIC AUTHORITY TO SUBMIT THIS
BID AND DESIGNATING THE AUTHORIZED SIGNATORY OR SIGNATORIES.

12

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY BEING CONVEYED

The southerly 40 feet of Lot 10, and Lot 11 of Block 16 of the plat of ROBBINSGRAHAM AND CHILLINGSWORTH, as recorded in Plat Book A at Page 49 of the
Public Records of Miami-Dade County, Florida.

13

EXHIBIT B
PURCHASE AND SALE AGREEMENT

14