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Legislation
Resolution
City Hall-_.,.
3500 Pan American
Drive
Miami, FL 33133
www.miamigcv.com
File Number: 08-01132 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO REVERT PARCELS OF LAND
CONVEYED TO FOSTER CONSTRUCTION OF SOUTH FLORIDA, INC.,
LOCATED AT 5852 NORTHWEST 13TH AVENUE AND 5858 NORTHWEST 13TH
AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED
AND INCORPORATED, BACK TO THE CITY OF MIAMI, FOR NON-COMPLIANCE
WITH THE TERMS SPECIFIED IN THE QUIT -CLAIM DEEDS, SECTION 8.1,
"COMMENCEMENT OF CONSTRUCTION WITHIN SIX (6) MONTHS FROM THE
DATE OF CONVEYANCE;" FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. 07-0053, adopted January 25, 2007, the Miami City
Commission approved the conveyance of eight (8) parcels of City of Miami owned land, with title
reverter provisions, directly to developers including two (2) to Foster Construction of South Florida, Inc
("Foster Construction") for the construction of affordable housing for eligible low and moderate income
persons; and
WHEREAS, on July 31, 2007, the parcels located at 5852 Northwest 13th Avenue and 5858
Northwest 13th Avenue, Miami, Florida, were deeded to Foster Construction, with title reverter
provisions, if construction did not commence within six (6) months from the date of conveyance; and
WHEREAS, several meetings were held with Mr. Dexter Foster, President of Foster Construction
Inc. by the Liberty City Community Revitalization Trust and the Department of Community
Development to get the developer to commence construction; and
WHEREAS, the building permits for the parcels located at 5852 Northwest 13th Avenue and 5858
Northwest 13th Avenue, Miami, Florida, expired on July 22, 2008 and July 13, 2008, respectively; and
WHEREAS, the Administration recommends to revert the parcels of land located at 5852
Northwest 13th Avenue and 5858 Northwest 13th Avenue, Miami, Florida, from Foster Construction for
non-compliance with the terms specified in the Quit -Claim 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 revert parcels of land conveyed to Foster
Construction, located at 5852 Northwest 13th Avenue and 5858 Northwest 13th Avenue, Miami,
Florida, legally described in Exhibit "A," attached and incorporated, back to the City, for
City of Miami Page 1 of 2 Printed On: 9/29/2008
File Number: 08-01132
non-compliance with the terms specified in the Quit -Claim Deeds, Section 8.1, "Commencement of
construction within six (6) months from the date of conveyance."
Section 3. The City Manager is further authorized {1} to execute all necessary documents for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 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 (10) 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.
City of Miami Page 2 of 2 Printed On: 9/29/2008