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HomeMy WebLinkAboutAgenda Item Cover PageG*�Y of AGENDA ITEM COVER PAGE * "i" IF ' File ID: #12564 Losi9 Resolution Sponsored by: Commissioner Ken Russell A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING EXECUTION OF A PARTIAL RELEASE OF THE AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON THE PROPERTY GENERALLY LOCATED AT 380 NORTHEAST 32 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND ACCEPTANCE OF NO LESS THAN FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) PRIOR TO THE RELEASE. City of Miami Legislation Resolution Enactment Number: R-22-0397 File Number: 12564 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:10/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING EXECUTION OF A PARTIAL RELEASE OF THE AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON THE PROPERTY GENERALLY LOCATED AT 380 NORTHEAST 32 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND ACCEPTANCE OF NO LESS THAN FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) PRIOR TO THE RELEASE. WHEREAS, BMIP Holdings Inc., a Florida corporation ("BMIP") owns the property generally located at 399 Northeast 82nd Terrace, Miami, Florida ("Subject Property"), as legally described in "Exhibit 'A" attached and incorporated; and WHEREAS, in November 1985, the Subject Property, as a part of a bigger property ("Project Property"), was rezoned from RG-3/6, General Residential, to CR-3/7, Commercial Residential (General) wherein the then owner of the Property proffered a Declaration of Restrictive Covenants ("Original Covenant") that, inter alia, generally tied the Property to a site plan and provided that the Property would be replatted wherein certain land would be dedicated to extend Northeast 41" Court as described in the proffered site plan; and WHEREAS, during the 1985 rezoning hearing, there was discussion that the Property would be used as a minipark, which may have been contemplated in the proffered site plan; and WHEREAS, in April 1991, the then owner of the Project Property appeared before the Miami City Commission, requesting to change the site plan in the Original Covenant for the Project Property and proffering to convey the Subject Property to the City of Miami ("City"); and WHEREAS, the request resulted in an Agreement and Declaration of Restrictive Covenants ("Covenant'), recorded in the Miami -Dade County public records on June 10, 1992 in Official Records Book 15547, Page 2657, attached and incorporated as Exhibit "B", which provided that: 1) the Project Property would be developed as a mixed -use retail shopping center with no more than 25,000 square feet of leasable space and a landscape plan approved by certain City Departments; and 2) upon written request by the City, made within 99 years, the owner shall deed to the City the Subject Property and until such request is made, the owner shall not construct or build upon the Subject Property but shall maintain all rights and obligations of ownership including but not limited to payment of all tax as assessed thereon and maintenance of the Subject Property; and WHEREAS the zoning classification for the Property is currently T6-36A-L pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Owner has asserted that the Covenant violates the rule against unreasonable restraints on alienation of property as it relates to the Subject Property; and WHEREAS, in order to settle the claim, avoid litigation on the matter, encourage development on the Subject Property, and contribute to the public open space in the area, the City is authorizing the City Manager to negotiate and execute a settlement, including execution of a partial release of the Covenant as it relates to the Subject Property for an amount not less than $400,000.00 to be used for park acquisition, park improvements, or Baywalk improvements all within the general vicinity of the Edgewater neighborhood area; and WHEREAS, such settlement and release of the Covenant shall be in a form acceptable to the City Attorney; and WHEREAS, the City Commission, after careful consideration of this matter, finds that this Resolution is in the best interest of the general welfare of the City and its inhabitants; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute a settlement in a form acceptable to the City Attorney, including execution of a partial release of the Covenant in a form acceptable to the City Attorney, as it relates to the Subject Property and acceptance of no less than four hundred thousand dollars ($400,000.00) prior to the release to be used for park acquisition, park improvements, or Baywalk improvements all within the general vicinity of the Edgewater neighborhood area. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i endez, City Attor iey 9/1312022 i i n ria dez, Cify Attor ey 11 /16/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.