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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01078 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY
DEED, THE CONVEYANCE OF A VACANT PARCEL OF LAND, THAT IN TOTAL
CONTAINS 3,100 SQUARE FEET LOCATED AT 1001 SOUTH MIAMI AVENUE,
MIAMI, FLORIDA ("PROPERTY"), TO THE CITY OF MIAMI FROM BRICKELL
FLATIRON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("GRANTOR"),
WITH THE GRANTOR COVERING ALL COSTS ASSOCIATED WITH THE
TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO
APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE
AND CLOSING COSTS; GRANTOR WILL FURTHER BE RESPONSIBLE FOR
MAKING IMPROVEMENTS AND PROVIDING ALL MAINTENANCE TO THE PARK
PROPERTY IN PERPETUITY; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY.
WHEREAS, Brickell Flatiron, LLC., a Delaware limited liability company ("Grantor"), is the
owner of a property located at 1001 South Miami Avenue, Miami, Florida, listed under Folio Number
01-3207-003-0630, more particularly described in Exhibit "A", attached and incorporated; and
WHEREAS, pursuant to Resolution No. 10-0044, adopted January 28, 2010, the City
Commission authorized the City of Miami ("City") to enter into a park license agreement ("License
Agreement") with the Grantor to allow the City to use approximately 8,900 square feet of private land,
as a public park ("Park"); and
WHEREAS, pursuant to Resolution No. 11-0283, adopted July 14, 2011, the City Commission
authorized the City to execute an amendment to the License Agreement, clarifying the responsibilities
on the maintenance of the Park; and
WHEREAS, Grantor and the City will modify the License Agreement and the Amendment to the
License Agreement to exclude that portion of land being described in Exhibit "A", attached and
incorporated herein, which is being conveyed to the City to be used as a public park; and
WHEREAS, two independent appraisals were procured, establishing approximately Two
Hundred and Seven Thousand Five Hundred ($207,500) Dollars as the fair market value for the parcel
described in Exhibit "A", assuming the Property's zoning is changed to "CS" Civic Space Zone; and
WHEREAS, Grantor will convey the Property to the City by Warranty Deed, in a form
acceptable to the City Manager and City Attorney; and
WHEREAS, Grantor has agreed to make improvements to the Property as described in Exhibit
"B", attached and incorporated, and maintain the Property and improvements as a passive park in
perpetuity including, but not limited to, the cost of security, electricity, water, sewer, park maintenance
duties, waste collection, and any other utilities; and
City of Miami
Page 1 of 2 File Id: 12-01078 (Version: 1) Printed On: 6/17/2013
File Number: 12-01078
WHEREAS, prior to conveyance, the Grantor shall be responsible to clear all prior liens,
outstanding taxes and any contamination issues on the Property; and
WHEREAS, the use of 3,100 square feet of land as a passive park would be in the best
interest of the community and a furtherance of the City's Open Space initiatives and "no net loss"
policies;
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 accept the Property from the Grantor,
pursuant to a Warranty Deed, the conveyance of a vacant parcel of land to the City, that in total
contains 3,100 square feet, located at 1001 South Miami Avenue, Miami, Florida.
Section 3. Grantor will cover all costs associated with the transfer of the property, including but
not limited to appraisals, a survey, an environmental report, title insurance and closing costs.
Section 4. Grantor will be responsible to marking improvements and providing all maintenance
to the Property as a passive park in perpetuity.
Section 5. The City Manager is further authorized{1} to execute any necessary documents, in
a form acceptable to the City Attorney, to accomplish the acquisition of said Property.
Section 6. 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 Commission.
City of Miami
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