HomeMy WebLinkAboutR-09-0314Vop City of Miami
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Resolution: R-09-0314
File Number: 09-00662
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/25/2009
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 Miand Page 1 of 2 File Id. 09-00662 (Version: 2) Printed On: 6/23/2017
File Number: 09-00662 Enactment Number: R-09-0314
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; and
WHEREAS, the lease agreement between UDG V, LLC and SEOPW CRA will provide that
upon the expiration of the life of the SEOPW CRA, the City will assume all the duties and obligations
of the SEOPW CRA under the lease agreement and all references to the SEOPW CRA Executive
Director in the lease agreement will be deemed references to the City Manager; and
WHEREAS, the City will join in and consent to the lease agreement;
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}
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 of Miami Page 2 of 2 File Id. 09-00662 (Version: 2) Printed On: 6/23/2017