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Home My WebLink AboutR-11-0234City of Miami Legislation Resolution: R-11-0234 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00169 Final Action Date: 6/9/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 480 NORTHWEST 11 STREET, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE AND TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. WHEREAS, the City of Miami ("City") is the owner of a property located at 480 Northwest 11 Street, Miami, Florida, commonly known as the Old Black Police Precinct; and WHEREAS, since 2001, the City's Retired Police Officers Community Benevolent Association, Inc. ("POCBA"), a Florida not -for -profit corporation consisting of the former police officers that were stationed at the Old Black Police Precinct, has been working with the City to restore the precinct and courthouse and create a Black Police Precinct and Courthouse Museum; and WHEREAS, on July 26, 2001, the City of Miami Department of Community Development committed approximately $400,000, from the Community Development Block Grant ("CDBG") 27th Year funds towards the restoration of the Black Police Precinct and Courthouse Museum Project; and WHEREAS, Resolution No. 03-1105, adopted by the City Commission on October 9, 2003, authorized the City Manager to execute a Memorandum of Understanding with the POCBA, committing the City to undertake the restoration of the building to create the Black Police Precinct and Courthouse Museum, and further directed the City Manager to establish a special revenue fund for the appropriation of funds received for the restoration and maintenance of the building and museum; and WHEREAS, the building was designated a historic landmark and on November 5, 2003, and the POCBA was awarded $300,000, in matching grant funds from the State of Florida, Department of State, Division of Historical Resources; and WHEREAS, the grant funds were used for construction costs in the restoration of said property as an historical Black Police Precinct and Courthouse Museum; and City of Miami Page 1 of 3 File Id: 11-00169 (Version: 4) Printed On: 10/10/2017 File Number: 11-00169 Enactment Number: R-11-0234 WHEREAS, Resolution No. 03-1150, adopted by the City Commission on November 13, 2003, authorized the City Manager to execute a Restrictive Covenant with the POCBA, with restrictions encumbering the property for a period of ten years from the date of recordation, a requirement of the Historic Preservation Grant Award agreement; and WHEREAS, Resolution No. 07-0353, adopted by the City Commission on June 14, 2007, allocated funds from Capital Improvement Project No. B-30299, funded by the Homeland Defense/ Neighborhood Capital Improvement Projects, Series 2007A Bonds (the "Bond Program"), for the restoration and preservation of the Black Police Precinct and Courthouse Museum; and WHEREAS, on April 10, 2009, the City entered into a Revocable License Agreement with POCBA for the use of approximately 468 square feet of space, the initial term of the agreement expired on September 30, 2010 and may be extended administratively by the City Manager, until September 30, 2011, upon mutual written agreement of both parties; and WHEREAS, on April 21, 2010, the Miami Sports and Exhibition Authority awarded a $10,000 grant to the POCBA, with the condition that the POCBA provides to the Board of Directors a tour of the facility and a written report detailing how POCBA spent the money; and WHEREAS, the POCBA has met both conditions; and WHEREAS, the property lies within the area governed by the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA"); and WHEREAS, Section 29-B of the City Charter allows for the conveyance or disposition of City -owned property in connection with the implementation of projects authorized under the Florida Community Redevelopment Act of 1969 without being subject to competitive bidding requirements and fair market value return to the City; and WHEREAS, the City and the SEOPW CRA desire to transfer title to the historic Black Police Precinct and Courthouse Museum property located at 480 Northwest 11th Street, Miami, Florida, to the SEOPW CRA to aid redevelopment efforts in the area governed by the SEOPWA CRA; and WHEREAS, pursuant to SEOPW CRA Resolution No. 11-0010, adopted February 28, 2011, the Board of Directors of the SEOPW CRA, approved the acceptance of title to the property located at 480 Northwest 11 Street, Miami, Florida; and WHEREAS, the SEOPW CRA agrees that the property may be required to be used as a CDBG eligible activity which must conform to an objective of the CDBG program as stipulated in 24 CFR 570.483; and WHEREAS, the City and the SEOPW CRA understand and agree that the U.S. Internal Revenue Service and the Bond Program require certain compliance measures in connection with the use of bond funding for the restoration and preservation of the Black Police Precinct and Courthouse Museum; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File Id: 11-00169 (Version: 4) Printed On: 10/10/2017 File Number: 11-00169 Enactment Number: R-11-0234 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 Miami City Commission declares surplus and authorizes the City Manager {1} to execute a Quit Claim Deed, in substantially the attached form, conveying at no cost to the SEOPW CRA, the City -owned property located at 480 Northwest 11 Street, Miami, Florida, in "as is" and "where is" condition, as more particularly described in Exhibit "A", attached and incorporated. The Quit Claim Deed will include the provision that the City and the SEOPW CRA will share, on a 50%/50% basis, in any net profit(s) from the sale, leasing or other disposition of the Black Police Precinct and Courthouse Museum. Section 3. The City Manager is further authorized {1} to execute all documents that may be necessary to effectuate said conveyance and to comply with the requirements of the Internal Revenue Code of 1986, as amended, and the City's Homeland Defense/Neighborhood Capital Improvements Bond Program subject to an approving opinion of Bond Counsel. 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 Commission. City of Miami Page 3 of 3 File Id: 11-00169 (Version: 4) Printed On: 10/10/2017