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Resolution: R-06-0658
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01880
Final Action Date:11/9/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS AND CONVEY THE
CITY OF MIAMI ("CITY") OWNED PROPERTIES LOCATED AT 1401 AND 1441
NORTH MIAMI AVENUE, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS"
CONDITION, CONTAINING APPROXIMATELY 14,017 SQUARE FEET OF
IMPROVED PROPERTY , AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
ATTACHED AND INCORPORATED, TO THE OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, BY CITY DEED, WITH REVERTER
PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CITY
DEED, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY
DOCUMENTS TO EFFECTUATE SAID CONVEYANCE.
WHEREAS, the City of Miami ("City") is the owner of a property located at 1401 North Miami
Avenue, Miami, Florida, commonly known as the Old Fire Station No. 2, and the adjacent vacant lot
located at 1441 North Miami Avenue, Miami, Florida, formerly known as Central Mini Park (collectively
the "Property"); and
WHEREAS, the Property has been vacant for several years and is an eyesore to the City; and
WHEREAS, the Property lies within the Omni Community Redevelopment District; 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, on March 9, 2006 the Board of Directors of the Omni Community Revitalization
Agency ("Omni CRA"), adopted CRA Resolution No. 06-0009, that approved the acceptance of title to
the property located at 1401 North Miami Avenue, Miami, Florida, and authorized the expenditure of
funds in an amount not to exceed $800,000, for rehabilitation of the site; and
WHEREAS, on May 17, 2006, the Parks Advisory Board met to approve the conveyance of the
Property to the Omni CRA; and
WHEREAS, said Board did not have a full quorum to formally vote on the matter, but those
members present agreed with the conveyance of the Property to the Omni CRA; and
WHEREAS, on July 31, 2006, the Board of Directors of the Omni CRA, adopted CRA Resolution
No. 06-0027, that amended Resolution No. 06-0009, to include the acceptance of the adjacent
City -owned vacant parcel located at 1441 North Miami Avenue, Miami, Florida; and
WHEREAS, the Omni CRA agrees that immediately upon issuance of the City Deed, they shall
commence the asbestos removal process and repairs (hereinafter referred to as "Rehabilitation Work")
City of Miami Page 1 of 3 File Id: 06-01880 (Version: 2) Printed On: 6/12/2015
File Number: 06-01880 Enactment Number: R-06-0658
and shall continue diligently to completion, which shall be completed no later than three (3) years from
the date of the City Deed; and
WHEREAS, the Omni CRA agrees that no later than two (2) years from the date of completion of
the Rehabilitation Work, the Omni CRA will work together with the City in order to obtain proposal(s)
for the future re -development of the Property; and
WHEREAS, the deed shall further contain reverter provisions that if these parcels are abandoned
and/or the project is discontinued and/or the Omni CRA has not worked with the City to obtain
proposal(s) for the re -development of the Property, ownership rights shall cease and revert back to the
City; and
WHEREAS, the Omni CRA agrees that any future conveyance in interest of the Property to a third
party is subject to City Commission approval and the Property may be required to be used as a
Community Development Block Grant ("CDBG") Program eligible activity which must conform to an
objective of the CDBG Program as stipulated in 24 CFR 570.483;
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 declare surplus and convey the City -owned
Property, in "as is" and "where is" condition, containing approximately 14,017 square feet of improved
property, as more particularly described in "Exhibit A," attached and incorporated, to the Omni CRA, by
City deed, with reverter provisions.
Section 3. The City Manager is authorized{1} to execute said City Deed, in substantially the
attached form, and any necessary documents to effectuate said conveyance.
Section 4. The City of Miami does not warrant the sufficiency of its title or any interest it may have
in the Property, nor does it make any covenant whatsoever as to this Property which is being
conveyed to the Omni CRA "AS IS" and "WHERE IS" and which the Omni CRA accepts "AS IS" and
"WHERE IS".
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
City of Miami Page 2 of 3 File Id: 06-01880 (Version: 2) Printed On: 6/12/2015
File Number: 06-01880 Enactment Number: R-06-0658
{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: 06-01880 (Version: 2) Printed On: 6/12/2015
THIS INSTRUMENT PREPARED BY
CITY OF MIAMI CITY ATTORNEY'S OFFICE
MIAMI RIVERSIDE CENTER. SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
Tax Folios # 01-3136-005-1160
# 01-3136-005-1110
Space Above This Line For Recording Data
CITY DEED
THIS DEED made this day of , 2006, between the
CITY OF MIAMI, a municipal corporation of the State of Florida, of 444 S.W. 2nd Avenue,
Miami, Florida 33130, (the "CITY"), of the first part, as grantor, and the SOUTHEAST
OVERTOWN/PARK. WEST COMMUNITY REDEVELOPMENT AGENCY ("Omni CRA") of
49 NW 5th Street, Suite 100, Miami, Florida 33128, of the second part, as grantee.
WITNESSETH:
That the CITY for and in consideration of the sum of One Dollar ($1.00) to it in
hand paid by the Omni CRA, receipt of which is hereby acknowledged has granted,
bargained and sold to the Omni CRA, its heirs and its assigns, subject to the right of
reentry set forward below, the land lying and being in Dade County, Florida:
As described in Exhibit "A" attached hereto and made a part hereof, and
hereinafter referred as the "Property".
This Deed conveys only the interests of the CITY in the Property described herein,
and shall not warrant title thereto,
This Deed is made and executed upon, and is subject to, the following conditions,
restrictions and covenants, which are part of the consideration for the Property conveyed
and are taken and construed as running with the land:
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1. Omni CRA agrees that immediately upon issuance of the City Deed, they
shall commence the asbestos removal process and repairs (hereinafter referred to as
"Rehabilitation Work") and shall continue diligently to completion, which shall be
completed no later than three (3) years from the date of the City Deed.
2. Omni CRA will work together with the City in order to obtain proposal(s) for
the future re -development of the Property, provided that, in any event, Omni CRA agrees
that said proposal period shall commence on the date of completion of the rehabilitation
work and shall be completed within two (2) years.
3. Omni CRA agrees that any future re -development will be subject to City
Commission approval before the Omni CRA can convey any interest in the property to a
third party;
4. The Omni CRA agrees that any future conveyance of interest of the Property
to a third party is subject to City Commission approval.
The restrictions, conditions and covenants set forth in Sections 1 through 4 of this
Deed shall be deemed covenants running with the land and shall be binding to the fullest
extent permitted by law and equity, and enforceable by, for the benefit and in favor of, the
CITY. The CITY shall have the right to exercise all the rights and remedies; and to
maintain any and all actions or suits at law or in equity, as it deems appropriate to enforce
the foregoing restrictions, conditions and covenants, or to cure any breach thereof.
In the event the Omni CRA violates or otherwise fails to comply with any of the
restrictions, conditions and covenants set forth in this Deed, the Omni CRA shall correct or
cure the default/violation within thirty (30) days of notification of the default by the CITY
(the "Cure Period"). If Omni CRA fails to remedy the default within the Cure Period, the
CITY shall have the right to reenter and take possession of the property or any portion of
the Property. ,It is the intent of this conveyance that it is made upon a condition
subsequent and, in the event of any default, failure or violation of any such condition which
is not cure within the Cure Period, the City Commission at its option may pass and adopt a
resolution declaring that the title and all the rights and interest of the Grantee in the
Property revert to the CITY.
The CITY grants all of such real property to the Omni CRA so long as the Omni
CRA is in existence and so long as there is a legally and validly organized successor entity.
If the Omni CRA is abolished or ceases to exist and there is no legally and validly
organized successor which shall have assumed all of the obligations of the Omni CRA, then
all of said real property shall automatically revert to the CITY, its successors and assigns.
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IN WITNESS WHEREOF, the CITY has caused this. City Deed to be executed the
day and year first above written.
ATTEST
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE
STATE OF FLORIDA
PRISCILLA A. THOMPSON, PEDRO G. HERNANDEZ,
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
WITNESS CORRECTNESS:
WITNESS JORGE L. FERNANDEZ,
CITY ATTORNEY
STATE OF FLORIDA
) SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
2006 by Pedro G. Hernandez, as City Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to me or who has produced
as identification and who did/did not take‘ an oath.
Printed Name.
Notary Public
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION:
Lot 7 and the North 20 feet of Lot 10, Block 16 and the South 40 feet of Lot 10 and Lot
11, Block 16 "NORTH MIAMI'', according to the plat thereof, as recorded in Plat Book
"A", Page 49% of the Public Records of Miami -Dade County, Florida, Less the west 10
feet of Lot 7 and the westerly 10 feet of the northerly 20 feet of Lot 10, Block 16 of
"ROBBINS, GRAHAM AND CHILLINGSWORTH'S ADDITION" to the City of Miami,
Miami -Dade County, Florida.
PROPOSED LEGAL DESCRIPTION:
That part of Lots 7, 10 and 11 of Block 16 of "NORTH MIAMI", according to the plat
thereof, as recorded in Ptat Book "A", Page 494 of the Public Records of Miami -Dade
County, Florida, more particularly described as follows:
Begin at the Northwest corner of Lot 7, Block 16 of "NORTH MIAMI", according to the
plat thereof, as recorded in Plat Book "A", Page 49% of the Public Records of Miami -
Dade County, Florida; thence run North 90°0000" East for a distance of 90.00 feet to a
point on the West line of the 10 foot alley as shown on the aforementioned plat of
"NORTH MIAMI"; thence run South 00°3130" West along the west line of the said 10
foot alley for a distance 179.50 feet (calc.) (180.24 feet - measured) to a point on a
circular curve concave to the northeast, said point bears South 6°15'52" West from the
center of said curve; thence run northwesterly along said curve, having for its elements
a central angle of 83°4714" and a radius of 100,00 feet, for an arc distance of 146.24 to
a point on the west line of the said Brock 16; thence run North 00°31'30" East, along the
west line of the said Block 16, for a distance of 80,00 feet to the Point of Beginning.
Containing 0.3218 acres, more or less.;- T4, o , 6 "1' ...Vaqr-e .7474
AGENDA ITEM: PHI
November 9th Commission Meeting
RECEIVED
2006 NOV -3 PM 2: 35
PRISCILLA A. THOMPSON
CITY CLERK
CITY OF MIAMI. FL
SUBJECT: Conveyance of City -owned properties located at
1401 and 1441 N. Miami Avenue to the CRA
This new City Deed will substitute the Deed that came with
your Agenda Package. Paragraphs 1 and 2 where changed
to read the same as the Resolution.
THIS INSTRUMENT PREPARED EY
C .'Y OF MIAMI CITY ATTORNEY'S OFFICE
MIA RIVERSIDE CENTER SUITE 945
444 S. ND AVENUE
M1AMI, F RIDA 33130.1910
Tax Folios # 01 36-OO5-1160
# 01.31 ,005-11iO
Space Above This I.tne For Recording Data
CITY DJED
THIS DEED made this . . ,•ay of , 2006, between the
CITY OF MVMTAMI, a municipal corpora on of theState of Florida, of 444 S.W. 24d Avenue,
Miami, Florida 33130, (the "CITY"), of e first part, as grantor, arid the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY DEVELOPMENT AGENCI4("Qmni CRA") of
49 NW 501 Street, Suite 100, Miami, Florida 3 28, of the second part, as vantee.
WITNESSETH:
That the CITY for and in consideration of the su of One Dollar ($1.,00) to it in
hand paid by the Omni GRA, receipt of which is hereby ^cknowledged has granted,
bargained and sold to the Omni CRA, its heirs and its assig subject to the right of
reentry set forward below, the land lying and being in Dade County, 'lorida:
As described in Exhibit "A" attached hereto and made a part reof, and
hereinafter referred as the "Property".
This Deed conveys only the interests of the CITY in the Property describ herein,
and shall not warrant title thereto;
This Deed is made and executed upon, and is subject to, the following condition
restrictions and covenants, which are part of the consideration for the Property conveyed
and are taken and construed as running with the land:
1, Omni CRA shall commence promptly the rehabilitation of the building
lo ted on the Property (the "Improvements") and shall continue diligently with the
reh ilitation of the Improvements to completion: provided, that, in any event,
rehabi ation shall be completed no later than thirty.six (36) months from the date of this
Deed;
2. Omni CRA agrees that no later than three (3) years from the date of completion
of the Rehabili • ion Work, the Omni CRA will work together with the City in order to obtain
proposal(s) for the ture re -development of the Property;
3, Omni C agrees that any future re -development, will he subject to City
Commission approval be • e the Omni CRA can convey any interest in the property to a
third party;
4, The Omni CRA agre that any future conveyance of interest of the Property
to a third party is subject to City Corn i$8).011 approval,
The restrictions, conditions and co nants set forth in Sections 1 through 4 of this
Deed shall be deerned covenants running wit the land and shall be binding to the fullest
extent permitted by law and equity, and enforc ble by, for the benefit and in favor of, the
CITY. The CITY shall have the right to exerci all the rights and remedies; and to
maintain any and all actions or suits at law or in oq y, as it deems appropriate to enforce
the foregoing restrictions, conditions and covenants, or cure any breach thereof
rn the event the Omni CRA violates or otherwise f s to comply with 'any of the
restrictions, conditions and covenants set forth in this Deed, th Omni GRA shall correct or
cure the default/violation within thirty (30) days of notification o he default by the CITY
(the "Cure Period"), If Omni CRA fails to remedy the default withi' the Cure Period, the
CITY shall have the right to reenter and take possession of the prope or any portion of
the Property. It is the intent of this conveyance that it is made on a condition
subsequent°and, in the event of any default, failure or violation of any such ndition which
is not cure within the Cure Period, the City Commission at its option may pas and adopt a
resolution declaring that the title and all. the rights and interest of the Gra., tee in the
Property revert to the CITY.
The CITY grants all of such real property to the Ornni CRA so long as the 410ni
CRA is in existence and so long as there is.a legally and validly organized successor enti
If the Omni CRA is abolished or ceases to exist and there is no legally and validly
organized successor which shall have assumed all of the obligations of the Omni CRA, then
all of said real property shall automatically revert to the CITY, its successors and assigns.
2
N WITNESS WHEREOF, the CITY has caused this City Deed to be executed the
day and ar first above written.
ATTEST
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE
STATE OF FLORIDA
PRISCILLA A. THOMPSON, PEDRO G. HERNANDEZ,
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
WITNESS CORRECTNESS:
WITNESS ORGE L. FERNANDEZ,
C 'YATTORNEY
STATE OF FLORIDA
COUNTY OF DADE
) SS
The foregoing. ina.trument was acknowledged before this day of
2006 by eedro QHeruand,ez, Qity Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to m or who has produced
818 identification and who did/did not take an oath,
My Commission Expires:
Printed Name:
Notary Public
3
11I
City of Miami
Master Report
Enactment Number: R-06-0658
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01880
Version: 2
File Type: Resolution Status: Passed
Reference: Controlling Body: Office of the City
Clerk
File Name: Convey Properties-1401 & 1441 N. Miami Ave. Introduced: 10/17/2006
Requester: Department of Public Facilities Cost: Final Action: 11/9/2006
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO DECLARE SURPLUS AND CONVEY THE CITY OF MIAMI ("CITY")
OWNED PROPERTIES LOCATED AT 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI,
FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, CONTAINING APPROXIMATELY 14,017
SQUARE FEET OF IMPROVED PROPERTY , AS MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A," ATTACHED AND INCORPORATED, TO THE OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, BY CITY DEED, WITH REVERTER PROVISIONS;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CITY DEED, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS TO EFFECTUATE SAID
CONVEYANCE.
Sponsors:
Notes:
Indexes:
Attachments: 06-01880 Legislation.pdf,06-01880 Exhibit SUB.pdf,06.01880 Summary Form.pdf,06-01880 Memo
.pdf,06-01880 Notice of Public Hearing.pdf,06-01880 Graphic Scale.pdf,06-01880 Master
Report.pdf,06-01880 Pre -Legislation .pdf,06-01880 Pre -Legislation 2 .pdf,
History of Legislative File
Version: Acting Body: Date:
Action:
Sent To:
Due Date: Return Date: Result:
1 Office of the City
Attorney
2 City Commission
2 Office of the City
Attorney
2 Office of the Mayor
2 Office of the City Clerk
10/25/2006 Reviewed and
Approved
11/9/2006 ADOPTED WITH
MODIFICATIONS
11/14/2006 Reviewed and
Approved
11/16/2006 Signed by the Mayor Office of the City
Clerk
11/20/2006 Signed and Attested
by City Clerk
Pass
City of Miami Page 1 Printed on 6/12/2015