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Home My WebLink AboutR-01-1127J-01-662 10/23/01 0 i A ; i„1 RESOLUTION NO:j i _1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 00-843, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A DEED CONTAINING RESTRICTIONS, CONDITIONS, AND A REVERTER CONVEYING THE LAND KNOWN AS NE 20TH STREET FROM MARGARET PACE PARK TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO THE CITY OF MIAMI OMNI COMMUNITY REDEVELOPMENT AGENCY FOR PURPOSES OF INDUCING ECONOMIC DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA, TO REQUIRE THAT (A) THE PROJECT BE DEVELOPED IN ACCORDANCE WITH PLANS ON FILE, REVIEWED AND APPROVED BY THE DEPARTMENT OF PLANNING AND ZONING, (B) THE 80 FEET HEIGHT LIMITATION BE REMOVED, AND (C) THE AUTOMATIC REVERTER PROVISION BE EXTENDED TO TWO YEARS FOLLOWING THE ADOPTION OF THIS RESOLUTION. WHEREAS, the City of Miami (the "City") owns, in tee simple, a portion of Northeast 20th Street from Margaret Pace Park west to Biscayne Boulevard (the "City Property"), as depicted in "Exhibit All attached and incorporated; and WHEREAS, the City wishes to facilitate the redevelopment of the Omni Redevelopment Area through the efforts of the City of Miami Omni Community Redevelopment Agency (the "Omni CRA") by transferring fee simple title of the City Property to the OMNI Cl i in ca s MEE'TMG ter, ror �, a, CRA, subject to certain restrictions, conditions and a reverter provision as set forth herein; and WHEREAS, the transfer is not subject to the provisions contained in Section 29-B of the City of Miami Charter regarding disposition of City land as the transfer involves implementation of projects authorized under the Florida Community Redevelopment Act of 1969, and qualifies as a redevelopment project within the parameters of the Act; and WHEREAS, on September 28, 2000, the City Commission adopted Resolution No. 00-843 which authorized the foregoing transfer, but due to passage of time and submittal of new project plans, the City desires to amend Resolution No. 00-843 to specifically require that (a) the project be developed in accordance with plans on file, reviewed and approved by the Department of Planning and zoning, (b) the 80 feet height limitation be removed, and (c) the automatic reverter provision be extended to two years following the adoption of this Resolution; 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. Page 2 of 6 i E Section 2. Resolution No. 00-843 is amended in the following particulars:,/ "RESOLUTION NO. 00-843 Section 2. The City Manager is hereby authorized,' to execute a deed, in a form acceptable to the City Attorney, containing the following restrictions, conditions and reverter provisions, thus conveying the City Property to the OMNI CRA for redevelopment purposes only, provided that: (A) Any deed from the Omni CRA for all or any portion of the City Property, shall specify that the property be used only for development of a mixed-use (for profit) residential project, with residential buildings of alternating heights, and containing a commercial component along Biscayne Boulevard, per plans on file. The deed shall contain the following restrictions and conditions: (1) The residential component of any project or development which includes all or any portion of the City Property shall be limited to no more that 450 residential units; (2) The Project shall be developed in accordance with plans on file, reviewed and approved by the Planning and Zoning De artment. 1/ 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 Code provisions. �i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.. Page 3 of 6 _. u. 0 0 (�3} Any developer who develops the City Property shall construct the portion of North Bayshore Drive required to connect the existing portion of North Bayshore Drive on the north to Northeast 19" Street on the south. Plans and specifications for the construction of this portion of North Bayshore Drive, including but not limited to, sidewalk, baywalk, curb and gutter, access to Margaret Pace Park, landscape and lighting (collectively, the "Street Improvements"), total cost of which Street Improvements shall be the sole responsibility of the developer, shall be not less than $355,410, and shall be approved by the City Manager or designee prior to the issuance of any building permit for any development which includes the City Property. The construction of the Street Improvements shall be completed and dedicated to the City of Miami as public right of way prior to the issuance of a Certificate of Occupancy, either temporary or permanent, for any development which includes the City Property. (34) Before the issuance of any building permit for any development on the City Property, the developer shall obtain design review and approval by the Director of the Department of Planning and Zoning. (45) Before the issuance of any building permit for any development on the City Property, the developer shall release all legal right, title or interest it may have in Margaret Pace Park. Page 4 of 6 (B) Any deed from the Omni. CRA for all or any portion of the City Property shall contain substantially the following reverter clause: Title to all of the City Property shall revert to the City of Miami by operation of law in the event that construction of any development which includes all or any portion of the City Property does not commence within two years of the date of adoption of this Resolution (i.e., October 25, 2001). Title to the City Property shall revert to the City of Miami in the event any development which includes any portion of the City Property does not conform to the plans on file, reviewed and approved by the Planning and Zoning Department, for the project. ther�n exeeecse=lIE-;- fee (8G') ila hei ht The time period within which to commence construction may be extended only by action of the Commission of the City of Miami. Commencement of construction shall be interpreted as the issuance of a building permit for Construction of a project including the City Property in its entirety. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.? a/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 5 of 6 PASSED AND ADOPTED this 25th day of October . 2001. JOE CAROLLO, MAYOR 1.1-27,11, Fincr, the Mayor dki not incr1rato mp) dzv—E I rbourdiliu who� without wo may �jw i�kl ATTEST: 7 1 Wait it F-ouman, City Clerk 9 WALTER J. FOEMAN CITY CLERK APPRO O FORM AND CORRECTNESS Kh ANDRO VILARELLO YJ GeFY ATTORNEY W5520:YMT;sgm:BSS Page 6 of 6 A 1 F99 ro. Iso AGfEb 1 O.A7 pVOVOOEV TWACT MEA O)OUX E ACM. ALVV fe PC VA"ttV ;It7C3EV T12ACT "E" AMA IQUAIM FE -ET 1254 14=03 A AeEA ?uAgr= FF -4—T B-ic%ct 110 1 h V A V 7 1 &4 Im. pi, l"I'll' WI. Air LI. f'j I PAW 16 0 1*4. Ae 3 ---. FM low 00 Aird -Til WOU10 IIIIIIr = 16MMT ALLVV eAvAL iAior e pVOVOOEV TWACT MEA O)OUX E ACM. ALVV fe PC VA"ttV ;It7C3EV T12ACT "E" AMA IQUAIM FE -ET 1254 14=03 A AeEA ?uAgr= FF -4—T B-ic%ct 110 1 h V A V 7 1 &4 Im. pi, l"I'll' WI. Air LI. f'j I PAW 16 0 SENT BY: ;10.33AM ; COMMISSIONED W1NT()N-+ '�� 1��n��'� 1)f n i •DlS'TRICT 2 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM COMMISSIONER WINTON ' Li TO ,. Carlos A. Gimenez, City Manager DATE : October 18, 2001 rILe, FRoM : commissioner Johnny L.Winton Signed and distributed to avoid delay.'�'l'. st uss�0 r Amendment to Resolution No. 00-843 iii!' FriF E?, Please place on the agenda for October 25, 2001 a resolution of the Miami City Commission to amend Resolution No. 00-843 adopted on September 28, 2000. Resolution No. 00-843 authorized the City Manager to execute a deed containing restrictions, conditions, and a reverter conveying the land known as IsTE 2011 Street, from Margaret Pace Park to Biscayne Boulevard, to the City of Miami Omni Community Redevelopment Agency for purposes of inducing monoinic development in the Omni Redevelopment Area. cc: Elvi Alonso, Agenda Coordinator