HomeMy WebLinkAboutR-12-0114City of Miami
Legislation
Resolution: R-12-0114
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00224 Final Action Date: 3/22/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED, IN
SUBSTANTIALLY THE FORM OF EXHIBIT "A," ATTACHED HERETO AND MADE A
PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY
OF MIAMI, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST
THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN
SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND
RECORDATION OF A COVENANT OF USE IN FAVOR OF THE UNITED STATES
DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION,
IN SUBSTANTIALLY THE FORM OF EXHIBIT "B," ATTACHED HERETO AND MADE
A PART HEREOF.
WHEREAS, the City of Miami, Florida ("City") owns that certain property, and the
improvements thereon, located at 1490 Northwest Third Avenue, Miami, Florida ("Property"); and
WHEREAS, on September 26, 1980, the City received a grant, in the amount of One Million
Five Hundred Eighty Thousand Four Hundred and No/100 Dollars ($1,580,400.00), from the United
States Department of Commerce Economic Development Administration ("EDA"), for the construction
of a shopping center within the Overtown section of the City ("Federal Grant"); and
WHEREAS, pursuant to the Federal Grant, the City and the Overtown Economic Development
Corporation, a not -for -profit corporation organized under the laws of the State of Florida on March 19,
1980 and involuntarily dissolved on November 4, 1988 ("OEDC"), executed a memorandum of
agreement to memorialize their respective responsibilities and interests under the Federal Grant
("Grant Memorandum"); and
WHEREAS, to further the intent of the Federal Grant, the City, the EDA and the OEDC
entered into that certain property management agreement dated June 21, 1983, which governs any
conveyance of the Property, including any such conveyance as contemplated herein ("Management
Agreement" and, together with the Federal Grant and Grant Memorandum, the "Grant Documents");
and
WHEREAS, the original term of the Grant Documents is for a period of forty (40) years, which
term is not expected to expire earlier than the Year 2020, unless sooner terminated as contemplated
herein; and
WHEREAS, the City desires to convey the Property to the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") for its rehabilitation; and
WHEREAS, to further such conveyance, the City will be required to execute and record in the
public records a covenant of use in favor of the EDA, in exchange for the EDA's release of any
City of Miami
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File Number: 12-00224 Enactment Number: R-12-0114
interest in the Property granted to the EDA by the Grant Documents; and
WHEREAS, the CRA is responsible for carrying out redevelopment activities, projects and
goals within its redevelopment area pursuant to its approved redevelopment plan; and
WHEREAS, Section 4, at pages 62 to 65, of the Redevelopment Plan, identifies as a project
area that certain portion of the redevelopment area bounded by Northwest 22nd Street to the north,
Interstate 395 to the south, Northwest First Place to the east, and Northwest Fourth Avenue to the
west, Miami, Florida ("Focus Area"); and
WHEREAS, the Property, located within the Focus Area, is currently in a depressed condition,
which condition has a blighting effect on its surrounding area; and
WHEREAS, the instant transaction is authorized by Section 29-B of the Charter of the City of
Miami, Florida ("Charter") as a "[conveyance] of property to implement projects authorized under the
[Community Redevelopment Act of 1969];" and
WHEREAS, pursuant to Section 29-B of the Charter, the Miami City Commission wishes to
authorize the City Manager to execute (1) a quitclaim deed conveying the Property to the CRA, and
(2) a covenant of use in favor of the EDA in exchange for the EDA's release of any interest in the
Property;
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 execute a quitclaim deed, in substantially the
form of Exhibit "A," attached hereto and made a part hereof, conveying at no cost to the CRA, the
City -owned Property also known as the Overtown Shopping Center.
Section 3. The City Manager is authorized{1} to execute and record in the Public Records of
Miami -Dade County, Florida, a covenant of use in favor of the EDA, in substantially the form of
Exhibit "B," attached hereto and made a part hereof, in exchange for the EDA's release of its
interests, in the Property, under its grant to the City.
Section 4. As conditions precedent to the foregoing, the CRA shall: (a) perform, or cause to
be performed, a survey of the Property, in a form satisfactory to the City Manager; and (b) agree to
cover all costs supplemental and necessary toward the transfer of the Property, which costs shall
include without limitation, document recording fees.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
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File Number: 12-00224 Enactment Number: R-12-0114
{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.
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