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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2342 Resolution Sponsored by: Commissioner Ken Russell A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLAIM CITY DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), TO TRANSFER TO AND SELL TO THE OMNI CRA, IN "AS IS" AND "WHERE IS" CONDITION, WITH RESTRICTIONS AND REVERTERS, THE CITY -OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 318,859 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2342 Final Action Date:6/8/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLAIM CITY DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), TO TRANSFER TO AND SELL TO THE OMNI CRA, IN "AS IS" AND "WHERE IS" CONDITION, WITH RESTRICTIONS AND REVERTERS, THE CITY -OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 318,859 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. WHEREAS, the City of Miami ("City") wishes to sell, transfer, and convey the property located at 150 Northeast 19 Street, Miami, Florida, containing an approximate total lot area of 318,859 square feet, as more particularly described in Exhibit "A," attached and incorporated ("Property"), to the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") in "as is" and "where is" condition; and WHEREAS, the Property lies within the Omni Community Redevelopment District; and WHEREAS, Section 29-B(b) of the Charter of the City of Miami, as amended ("Charter") allows for the conveyance or disposition of City -owned property for 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 desires to convey to the OMNI CRA the Property through the government to government sale provisions of Section 29-B(c) of the Charter and the City Manager has determined, found and recommended in his memorandum attached and incorporated as Attachment "A," that in accordance with the Charter and with Section 18-182 of the Code of the City of Miami, as amended ("City Code"), the proposed sale of the Property to the Omni CRA is in the best interests of the City and its residents; and WHEREAS, the Charter and the City Code require a four -fifths (4/5ths) affirmative vote of the City Commission in order to waive (a) the procurement procedures, and the (b) requirements for the financial return to the City for the sale of the Property to the Omni CRA to be accomplished at the Purchase Price which is less than fair market value; and WHEREAS, this Resolution is subject to the Board of Directors of the Omni CRA adopting a resolution approving the acceptance of title to the Property and authorizing the rehabilitation of the site; and WHEREAS, the City Administration shall negotiate and execute a Quit Claim City Deed ("Deed"), in a form acceptable to the City Attorney, that shall contain reverter provisions concerning the Property; 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 for use as a Community Development Block Grant ("CDBG") Program eligible activity, conforming with CDBG Program objectives 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Attachment "A," pursuant to Section 29-B of the Charter and Section 18-182 of the City Code, are ratified, approved, and confirmed, and the City Commission hereby waives the requirements (a) for said procedures, and (b) for a return to the City of fair market value. Section 3. The City Manager is authorized' to negotiate and execute a Quit Claim City Deed, in a form acceptable to the City Attorney, between the City and the OMNI CRA, to transfer, sell and convey to the OMNI CRA, in "as is" and "where is" condition, with restrictions and reverters, the Property. Section 4. The City Manager is further authorized' to negotiate and execute all other necessary documents, in a form acceptable to the City Attorney, as may be necessary to effectuate said conveyance. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.