HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01079 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DECLARING SURPLUS AND APPROVING THE CONVEYANCE OF THE CITY OF
MIAMI ("CITY") OWNED PROPERTY LOCATED AT 20 SOUTHEAST 10TH STREET,
MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, TO BRICKELL FLATIRON, LLC, A
DELAWARE LIMITED LIABILITY COMPANY ("FLATIRON"), WITH REVERTER
PROVISIONS, WITH FLATIRON 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; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO PERFORM THE TRANSACTION IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT,
WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY
ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS
OF THE CITY.
WHEREAS, the property located at 20 Southeast 10th Street, Miami, Florida, which contains
approximately 2,998 square feet ("Property"), was conveyed to the City of Miami ("City") on November
15, 1974, by 1000 Brickell, Inc., c/o the Allen Morris Company via Deed 8854-562 and is currently
used as a mini -park; and
WHEREAS, Brickell Flatiron, LLC, a Delaware Limited Liability Company ("Flatiron"), the
adjacent property owner, has expressed an interest in the Property; and
WHEREAS, Deed 8854-562 has a reverter restriction that requires that the Property be used
for public park purposes; and
WHEREAS, Flatiron will be required to record a new deed, waiving the reverter restriction
placed on the Property by the Allen Morris Company, prior to the City conveyance of the Property; and
WHEREAS, currently, the Property sits vacant, is not a buildable parcel, represents a
maintenance cost and liability to the City, and does not generate ad valorem taxes; and
WHEREAS, two (2) independent appraisals were procured, establishing Two Hundred
Seventeen Thousand Five Hundred ($217,500) Dollars as the fair market value for the Property under
the current zoning "CS" Civic Space Zone; and
WHEREAS, pursuant to Resolution No. _, to be adopted June 13, 2013, Flatiron will convey
to the City, a 3,100 square feet parcel of land with a fair market value of Two Hundred and Seven
Thousand Five Hundred ($207,500) Dollars and has agreed to build a park ("Park") and provide for
maintenance in perpetuity at Flatiron's sole expense; and
City of Miami
Page 1 of 3 File Id: 12-01079 (Version: 1) Printed On: 6/14/2013
File Number: 12-01079
WHEREAS, the City Administration recommends the conveyance of the City -owned Property,
subject to the following restrictions: (i) the conveyance of the Property occurring simultaneously with
the donation of the Park to be located at 1001 South Miami Avenue, Miami, Florida; (ii) the
responsibility of Flatiron for making improvements to the Park, as listed on Exhibit "B", attached and
incorporated; (iii) the perpetual maintenance of the Park, including but not limited to, the cost of
security, electricity, water, solid waste collection, sewer and any other utilities; and (iv) the construction
of the Park being completed within six (6) months from the date of conveyance; and
WHEREAS, Section 29B of the City Charter provides an exemption from the competitive
bidding requirements and return of fair market value when disposing of non -waterfront property to the
owner of an adjacent property when the subject property is 7,500 square feet or less or the subject
non -waterfront property is non -buildable;
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 -owned real Property, as more particularly described in Exhibit "A",
attached and incorporated, is declared surplus and the conveyance to Flatiron, with reverter
provisions, is approved.
Section 3. Flatiron 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. The City Manager is authorized{1} to execute a Purchase and Sale Agreement
("Agreement"), in substantially the attached form, and to execute such other documents that may be
necessary to perform the transaction in accordance with the terms and conditions of the Agreement,
which terms may be amended by the City Manager and the City Attorney as may be necessary in
order to meet the best interests of the City.
Section 5. The City does not warrant the sufficiency of its title nor any interest it may have in
the Property, nor does it make any covenant whatsoever as to the Property, which is being conveyed
to Flatiron as Purchaser, "AS IS" and "WHERE IS" and which Property, Flatiron as Purchaser accepts
"AS IS" and "WHERE IS" as to all conditions.
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
U
City of Miami Page 2 of 3 File Id: 12-01079 (Version: 1) Printed On: 6/14/2013
File Number: 12-01079
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: 12-01079 (Version: 1) Printed On: 6/14/2013