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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5632 Date: 03/13/2019 Commission Meeting Date: 03/28/2019 Type: Resolution Subject: Accept Donation - 770 NW 41 Ave Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: Wifredo Gort District Impacted: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to accept a donation pursuant to a Special Warranty Deed ("Deed"), of certain real property located at 770 NW 41 Avenue, Miami, Florida 33126 ("Property") from Mengar Holdings at 709, LLC ("Grantor"), to the City of Miami ("City"); further authorizing the City Manager to execute all necessary documents, including amendments and modifications to said documents, in a form acceptable to the City Attorney, as may be necessary to effectuate said donation, in accordance with the terms and conditions of the Deed. Background of Item: Mengar Holdings at 709, LLC ("Grantor") is the owner of certain real property located 770 NW 41 Avenue, Miami, Florida 33126 ("Property"). The Grantor will convey the Property at no cost to the City of Miami ("City"). The Grantor will convey the Property pursuant to a Special Warranty Deed ("Deed") with reverters and reservations in accordance with the terms and conditions of the Deed. Budget Impact Analysis Total Fiscal Impact: Reviewed B Real Estate and Asset Management Yvonne Hernandez Office of Management and Budget Pedro Lacret Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of Zoning Daniel Goldberg Office of the City Attorney Barnaby L. Min Office of the City Attorney Barnaby L. Min City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 03/14/2019 5:01 PM 03/15/2019 4:52 PM 03/16/2019 8:05 AM 03/18/2019 9:25 AM 03/18/2019 10:36 AM 03/18/2019 2:31 PM 03/19/2019 10:35 AM 03/19/2019 6:58 PM 03/19/2019 6:58 PM 03/28/2019 9:00 AM 04/02/2019 4:11 PM 04/02/2019 5:14 PM 04/02/2019 5:14 PM City of Miami Legislation Resolution Enactment Number: R-19-0131 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5632 Final Action Date:3/28/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED ("DEED"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," ATTACHED AND INCORPORATED, CERTAIN REAL PROPERTY LOCATED AT 770 NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("SUBJECT PROPERTY"), FROM MENGAR HOLDINGS AT 709, LLC ("GRANTOR") TO THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE DEED. WHEREAS, Mengar Holdings at 709, LLC ("Grantor") is the owner of certain real property located at 770 Northwest 41 Avenue, Miami, Florida, which has a legal description of Lot 6, Block 3 of the Whitehead and Blair Subdivision according to the plat thereof as recorded in Book 44, Page 78 of the Public Records of Miami -Dade County, Florida ("Subject Property") that it wishes to convey to the City of Miami ("City"); and WHEREAS, the Grantor is also the owner of certain real properties located at 701, 709, and 731 Northwest 42 Avenue, Miami, Florida, which have legal descriptions of Lots 11, 12, 13, and 14, Block 3, of the Whitehead and Blair Subdivision according to the plat thereof as recorded in Book 44, Page 78 of the Public Records of Miami -Dade County, Florida that is currently used for the sale of automobiles doing business as "Car Factory Outlet" ("Car Factory Property"); and WHEREAS, the City is the owner of certain real properties located at 4101 Northwest 7 Street, 750 Northwest 41 Avenue, and 760 Northwest 41 Avenue, Miami, Florida, which have legal descriptions of Lots 7, 8, 9, and 10, Block 3, of the Whitehead and Blair Subdivision according to the plat thereof as recorded in Book 44, Page 78 of the Public Records of Miami - Dade County, Florida that is currently used by the Department of Fire -Rescue as Fire Station #10 ("Fire Station #10 Property"); and WHEREAS, the acquisition of the Subject Property by the City will allow for the Fire Station #10 Property site to be enlarged; and WHEREAS, the Car Factory Property and the Fire Station #10 Property are currently bisected by various alleys that divide the respective sites; and WHEREAS, both the Grantor and the City are desirous to unify their respective sites by closing and vacating said alleys as depicted generally on the proposed color -coded sketch, attached and incorporated as Exhibit "A"; and WHEREAS, the Grantor will convey the Subject Property at no cost to the City pursuant to a Special Warranty Deed ("Deed"), in substantially the form attached as Exhibit "B," attached and incorporated, with reverters and reservations in accordance with the terms and conditions of the Deed that provides, inter alia, that the Subject Property will revert back to the Grantor should the Grantor and the City not subsequently enter into a suitable development agreement closing said alleys and providing for the transfer of reversionary rights in the portion of the north - south alley separating the Car Factory Property from the Fire Station #10 Property by September 30, 2019 ("Development Agreement"); and WHEREAS, the Development Agreement will be brought to the City Commission for final approval; 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 herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to accept a conveyance pursuant to the Deed, in substantially the form attached as Exhibit "B," attached and incorporated, of the Subject Property. Section 3. The City Manager is further authorized' to execute any and all necessary documents, including amendments and modifications to said documents, all in a form acceptable to the City Attorney, as may be necessary to effectuate said conveyance in accordance with the terms and conditions of the Deed. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 3/19/2019 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.