HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
File Number: 09-00662
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.ccm
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO CONVEY TO THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
PROPERTY LOCATED AT 345 NORTHWEST 10TH STREET, MIAMI, FLORIDA,
AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED,
FOR THE PURPOSE OF THE DEVELOPMENT OF SENIOR AFFORDABLE
HOUSING BY DEVELOPER UDG V, LLC; SUCH CONVEYANCE TO BE BY
QUITCLAIM DEED IN WHICH THE CITY OF MIAMI WILL RELINQUISH ANY
RIGHT OF REVERSION CONTAINED IN PARAGRAPH FOUR OF THE JANUARY
9, 1996 WARRANTY DEED, RECORDED ON JANUARY 17, 1996, IN THE
OFFICIAL RECORDS BOOK 17064 AT PAGE 0152 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE CONVEYANCE DOCUMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ALL ADDITIONAL DOCUMENTS THAT MAY BE
NECESSARY TO EFFECTUATE SAID CONVEYANCES.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("SEOPW CRA") entered into a Development Agreement with UDG V, LLC for the development of the
Jazz Village project; and
WHEREAS, SEOPW CRA and UDG V, LLC contemplates entering into a 99 year ground lease
for the Jazz Village project; and
WHEREAS, the site of the Jazz Village project was conveyed to the SEOPW CRA pursuant to
a January 9, 1996 Warranty Deed, recorded on January 17, 1996, in the Official Records Book 17064
at Page 0152 of the Public Records of Miami -Dade County, Florida; and
WHEREAS, paragraph four (4) of the aforementioned warranty deed states: "In the event that
Grantee [SEOPW CRA] shall cease to exist as a legal entity, that portion of the Property then owned
by Grantee, at the time that Grantee shall so cease to exist, shall thereupon revert to Grantor [City)
and Grantor shall have the right to reenter on and upon such portion of the Property which shall then
be vested in Grantee and terminate Grantee's estate therein and recover title to and possession of
such portion of the Property and all improvements and fixtures located thereon; provided, however,
that the foregoing shall not be deemed to in any manner whatsoever prevent, restrict or limit the right
of Grantee to freely convey, mortgage, hypothecate or otherwise alienate any of its interest in the
Property, free of any such right of reversion, while Grantee shall continue to exist as a legal entity[;]"
and
WHEREAS, UDG V, LLC has advised SEOPW CRA that it is seeking funding for the Jazz
Village project from the United States Department of Housing and Urban Development ("HUD"); and
WHEREAS, UDG V, LLC has advised SEOPW CRA that HUD has expressed concerns about
City of Miami Page I of 2 Printed On: 6/15/2009
File Number: 09-00662
the City of Miami ("City") honoring the contemplated ground lease should the SEOPW CRA cease to
exist as a legal entity; to wit: the reversionary interest; and
WHEREAS, SEOPW CRA desires to finalize the Development Agreement with UDG V, LLC by
alleviating HUD's expressed concern to UDG V, LLC; and
WHEREAS, SEOPW CRA has requested that the City relinquish any right of reversion and/or
right to reenter the Property described in Exhibit "A," attached and incorporated to SEOPW CRA via
Quitclaim Deed;
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 (1) to convey to SEOPW CRA property located at
345 Northwest 10th Street, Miami, Florida, as legally described in Exhibit "A," attached and
incorporated, for the purpose of the development of affordable senior housing by developer UDG V,
LLC; such conveyance to be by Quitclaim Deed in which the City will relinquish any right of reversion
contained in paragraph four of the January 9, 1996 Warranty Deed, Recorded on January 17, 1996, in
the Official Records Book 17064 at Page 0152 of the Public Records of Miami -Dade County Florida.
Section 3. The City Manager is further authorized {1} to execute conveyance documents, in
substantially the attached form, and all additional documents that may be necessary to effectuate said
conveyances.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2} 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.
City ofMiami Page 2 of 2 Printed On. 6/1512009