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City of Miami
Legislation
Ordinance: 13853
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5954
Final Action Date: T11112019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING
A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT
"A," PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MENGAR HOLDINGS
AT 709, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LAND 1 (ONE), LTD, A FLORIDA
LIMITED PARTNERSHIP, AND THE CITY OF MIAMI ("CITY") RELATED TO THE
PROPERTIES LOCATED AT APPROXIMATELY 4101 AND 4121 NORTHWEST 7 STREET,
701, 709, 731, 835, AND 875 NORTHWEST 42 AVENUE, AND 750, 760 AND 770
NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A — C, E OF THE DEVELOPMENT AGREEMENT," ATTACHED AND
INCORPORATED, FOR THE PURPOSE OF VACATING AND ABANDONING FOR PUBLIC
USE CERTAIN ALLEYS LOCATED IN BLOCK 3 OF THE WHITEHEAD AND BLAIR
SUBDIVISION AS RECORDED IN BOOK 44, PAGE 78 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA AND CONVEYING CERTAIN REVERSIONARY RIGHTS IN
SAID ALLEYS FROM THE CITY TO THE ENTITIES DESCRIBED ABOVE IN EXCHANGE
FOR THE RELEASE OF A REVERTER ENCUMBERING THE LAND ACCEPTED BY THE
CITY COMMISSION PURSUANT TO RESOLUTION NO. 19-0131 ADOPTED MARCH 28,
2019 ("ADDITIONAL LAND") IN ORDER TO EXPAND THE CITY'S EXISTING FIRE STATION
#10 SITE AND TO UNIFY THE SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE
QUITCLAIM DEEDS, AS MORE PARTICULARLY DESCRIBED IN THE DEVELOPMENT
AGREEMENT, ATTACHED AND INCORPORATED, TO CONVEY SUCH REVERSIONARY
RIGHTS AS SPECIFIED HEREIN; AUTHORIZING THE CITY TO DEDICATE A PORTION OF
THE ADDITIONAL LAND AS PUBLIC RIGHT-OF-WAY OR FOR HIGHWAY PURPOSES TO
MAINTAIN THE THROUGHPUT OF THE REMAINING PORTIONS OF THE ALLEY IN THE
BLOCK; AUTHORIZING THE CITY MANAGER TO CONVEY PRIVATE EASEMENTS, IF
NECESSARY, TO AFFECTED UTILITIES WITHIN THE CITY'S PROPERTY AS MORE
PARTICULARLY DESCRIBED IN THE DEVELOPMENT AGREEMENT, ATTACHED AND
INCORPORATED; AUTHORIZING ALL EXISTING USES CONSISTENT WITH EACH
RESPECTIVE PROPERTY'S CURRENT ZONING DESIGNATION AND ANY OTHER USES
AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND
USE MAP DESIGNATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
AS EXHIBIT "A," FOR SAID PURPOSES; MAKING FINDINGS AS TO THE PUBLIC PURPOSE
AND SOUND CAPITAL IMPROVEMENT PLANNING FURTHERED BY SAID DEVELOPMENT
AGREEMENT; MAKING FINDINGS AS TO THE APPLICABLE EXCEPTIONS TO SECTION
29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA AS BOTH AUTHORIZING A
CONVEYANCE TO IMPLEMENT A PROJECT OF THE CITY AND DISPOSING OF NON -
WATERFRONT, NON -BUILDABLE PROPERTY THAT IS LESS THAN 7,500 SQUARE FEET;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort, Mayor Francis X. Suarez
WHEREAS, the City of Miami ("City") is the owner of 0.72 acres +1- of properties located
at 4101 Northwest 7 Street and 750 and 760 Northwest 41 Avenue, Miami, Florida which are
currently used as Fire -Rescue Station #10 ("Station #10 Property"); and
City of Miami
Page 1 of 4 Fife ID: 5954 (Revision: A) Printed On: 101812019
5954 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File ID: 5954
Enactment Number: 13853
WHEREAS, Mengar Holdings at 709, LLC ("Mengar") is the owner of 0.63 acres +l- of
properties located at 4121 Northwest 7 Street and 701, 709, and 731 Northwest 42 Avenue,
Miami, Florida and located west of the Station #10 Property ("Mengar Property") with a north -
south alley dividing the two (2) properties; and
WHEREAS, the Station #10 Property and Mengar Property are each respectively
bisected by east -west alleys that prevent the unification of each parcel; and
WHEREAS, on March 28, 2019, the City Commission accepted a conveyance by
Mengar of 0.18 acres +l- of property located at 770 Northwest 41 Avenue, Miami, Florida
located directly north of and adjacent to the Station #10 Property ("Additional Property") to
expand the existing Station #10 Property; and
WHEREAS, the conveyance of the Additional Property was with a reverter that provided
that the Additional Property would revert to Mengar should Mengar and the City not enter into a
suitable development agreement that apportioned certain parts of the above -described alleys to
Mengar and closed and vacated the same; and
WHEREAS, Land 1 (One), Ltd. ("Land One") is the owner of 1.0 acres +l- of properties
located at 835 and 875 Northwest 42 Avenue, Miami, Florida and located directly north of the
Mengar Property ("Land One Property"); and
WHEREAS, the Mengar Property, Station #10 Property, Additional Property, and Land
One Property are located in the same block bounded by Northwest 9 Street to the north,
Northwest 7 Street to the south, Northwest 41 Avenue to the east, and Northwest 42 Avenue
(LeJeune Road) to the west; and
WHEREAS, the City desires to own the Additional Property free and clear of the reverter
provision in order to facilitate the future redevelopment of Fire -Rescue Station #10 to better
serve the surrounding area; and
WHEREAS, in order to do so, the City must convey its reversionary rights in the alleys
described herein to Mengar; and
WHEREAS, in order to ensure that no "dead-end" condition is created in the remaining
portion of the alley on the block by such action and to maintain the throughput of the same, the
City wishes, by this Development Agreement, attached and incorporated as Exhibit "A," to
dedicate a suitable area for right-of-way or highway purposes across the Additional Property at
its northernmost section to ensure the maximization of the Additional Property for future
redevelopment of Fire -Rescue Station #10 ("Dedication"); and
WHEREAS, placement of the Dedication in the manner described above to grant
maximum use of the Additional Property is possible with the inclusion of the Land One Property
in this development agreement; and
WHEREAS, pursuant to Sections 163.3220 — 163.3243, Florida Statutes (2018), the
Florida Legislature has found that a development agreement "encourages sound capital
improvement planning and financing" and "encourages private participation in comprehensive
planning"; and
WHEREAS, this Development Agreement, attached and incorporated as Exhibit "A,"
encourages sound capital improvement planning and financing by providing for the City to take
City of Miami Page 2 of 4 File ID: 5954 (Revision: A) Printed on: 10/8/2019
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File ID: 5954
Enactment Number: 13853
the Additional Property free and clear of encumbrances and expand Fire -Rescue Station #10 at
no upfront cost to the City in exchange for the divestment of certain alleys, the vacation and
closure of which will result in reduced maintenance costs and potential liability to the City; and
WHEREAS, this Development Agreement, attached and incorporated as Exhibit "A,"
encourages private participation in comprehensive planning by leveraging private sector assets
to expand City facilities; and
WHEREAS, the reversionary rights held by the City to be conveyed to Mengar and Land
One pursuant to this Development Agreement, attached and incorporated as Exhibit "A," meet
two (2) exceptions to Section 29-B of the City Charter because (1) it is the conveyance of
property to implement a project of the City for the expansion of Fire -Rescue Station #10 and (2)
the reversionary rights in the portions of alleys to be conveyed are non -waterfront, being
conveyed to the owner of adjacent property, are both less than 7,500 square feet, and are non-
buildable by themselves in their current configuration as an alley; and
WHEREAS, the City has made certain findings contained in the Development
Agreement, attached and incorporated as Exhibit "A," that the closure and vacation of the alleys
meet the criteria found in Section 55-15(c) of the Code of the City of Miami, Florida, as
amended, and that such vacation and closure is in the public interest and for a public purpose;
NOW, THEREFORE, BE IT ORDAINED 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 Development Agreement, attached and incorporated as Exhibit "A,"
pursuant to Chapter 163, Florida Statutes, between Mengar, Land One, and the City relating to
development of the properties as described herein is hereby approved.
Section 3. The Development Agreement, attached and incorporated as Exhibit "A," is
applicable only to the Station #10 Property, Additional Property, Land One Property, and
Mengar Property for the purpose of future redevelopment of the referenced properties for any
uses permitted by the Miami Comprehensive Neighborhood Plan — Future Land Use Map
Designation and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, without change to any of the above mentioned properties' zoning or Future Land Use
Map Designation and without prejudice to seek a future land use or zoning change to the same
and is further for the purpose of apportioning certain alleys to Mengar and Land One, receiving
clear title to the City for the Additional Property, and then closing and vacating said alleys.
Section 4. The City Manager is authorized' to execute the Development Agreement, in
substantially the form attached as Exhibit "A."
Section 5. The City Manager is authorized2 to convey private easements to utilities for
the properties described herein owned by the City, to execute the appropriate quitclaim deeds
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.
City of Miami Page 3 of 4 File ID: 5954 (Revision: A) Printed on: 10/8/2019
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File ID: 5954
Enactment Number: 13853
for reversionary rights in the abovernentioned alleys, to execute the necessary Dedication for
the Additional Property, and to take any and all other actions required for the City to take
pursuant to the Development Agreement.
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.3
APPROVED AS TO FORM AND CORRECTNESS:
dez, ' ity
tto
6/4/2019
ty 'ttor ey 10/7/2019
2 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.
3 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.
City of Miami Page 4 of 4 File JD: 5954 (Revision: A) Printed on: 10/812019
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File Number: 5954
City of Miami
Legislation
Ordinance
SUBSTITUTED
Final Action i . t
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APP
A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, P
TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MENGAR HOLDINGS AT 7
FLORIDA LIMITED LIABILITY COMPANY, LAND 1 (ONE), LTD, A FLORIDA LI
PARTNERSHIP, AND THE CITY OF MIAMI ("CITY'') RELATED TO THE PRO
LOCATED AT APPROXIMATELY 4101 AND 4121 NORTHWEST 7 STREE
835, AND 875 NORTHWEST 42 AVENUE, AND 750, 760 AND 770 NORT
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
ATTACHED AND INCORPORATED, FOR THE PURPOSE OF VACA
ABANDONING FOR PUBLIC USE CERTAIN ALLEYS LOCATED IN
WHITEHEAD AND BLAIR SUBDIVISION AS RECORDED IN BO
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AN
REVERSIONARY RIGHTS IN SAID ALLEYS FROM THE CIT
DESCRIBED ABOVE, IN EXCHANGE FOR THE RELEASE
ENCUMBERING THE LAND ACCEPTED BY THE CITY
RESOLUTION NO. 19-0131 ADOPTED MARCH 28, 20
TO EXPAND THE CITY'S EXISTING FIRE STATION
AUTHORIZING THE CITY MANAGER TO EXECUT
PARTICULARLY DESCRIBED IN THE DEVELOP
REVERSIONARY RIGHTS AS SPECIFIED HE
A PORTION OF THE ADDITIONAL LAND AS
PURPOSES TO MAINTAIN THE THROUG
ALLEY IN THE BLOCK; AUTHORIZING
EASEMENTS, IF NECESSARY, TO AF
AS MORE PARTICULARLY DESCRI
AUTHORIZING ALL EXISTING US
PROPERTY'S CURRENT ZONI
BY THE MIAMI COMPREHEN
DESIGNATION; AUTHORIZI
DEVELOPMENT AGREE
PURPOSES; MAKING F
IMPROVEMENT PLA
FINDINGS AS TO T
OF THE CITY OF
IMPLEMENT A P
BUILDABLE P
SEVERABIL
VING
SUANT
9, LLC, A
ED
RTI ES
701, 709, 731,
EST 41
I EXHIBIT "A,"
G AND
LOCK 3 OF THE
44, PAGE 78 OF THE
ONVEYING CERTAIN
0 THE ENTITIES
F A REVERTER
MMISSION, PURSUANT TO
("ADDITIONAL LAND") IN ORDER
10 SITE AND TO UNIFY THE SAME;
QUITCLAIM DEEDS, AS MORE
ENT AGREEMENT, TO CONVEY SUCH
N; AUTHORIZING THE CITY TO DEDICATE
UBLIC RIGHT-OF-WAY OR FOR HIGHWAY
UT OF THE REMAINING PORTIONS OF THE
E CITY MANAGER TO CONVEY PRIVATE
CTED UTILITIES WITHIN THE CITY'S PROPERTY,
D IN THE DEVELOPMENT AGREEMENT;
CONSISTENT WITH EACH RESPECTIVE
DESIGNATION AND ANY OTHER USES AUTHORIZED
E NEIGHBORHOOD PLAN — FUTURE LAND USE MAP
THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE
NT, IN SUBSTANTIALLY ATTACHED FORM, FOR SAID
DINGS AS TO THE PUBLIC PURPOSE AND SOUND CAPITAL
ING FURTHERED BY SAID DEVELOPMENT AGREEMENT; MAKING
APPLICABLE EXCEPTIONS TO SECTION 29-B OF THE CHARTER
AMI, FLORIDA AS BOTH AUTHORIZING A CONVEYANCE TO
OJECT OF THE CITY AND DISPOSING OF NON -WATERFRONT, NON-
PERTY THAT IS LESS THAN 7,500 SQUARE FEET; CONTAINING A
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
EREAS, the City of Miami ("City") is the owner of 0.72 acres +1- of properties located
at 410 Northwest 7 Street and 750 and 760 Northwest 41 Avenue, Miami, Florida which are
cur r: tly used as Fire -Rescue Station #10 ("Station #10 Property"); and
WHEREAS, Mengar Holdings at 709, LLC ("Mengar") is the owner of 0.63 acres +1- of
properties located at 4121 Northwest 7 Street and 701, 709, and 731 Northwest 42 Avenue,
Miami, Florida and located to the west of the Station #10 Property ("Mengar Property") with a
north -south alley dividing the two (2) properties; and
City of Miami File ID: 5954 (Revision:) Printed On: 7/1/2019
SUBSTITUTED
WHEREAS, the Station #10 Property and Mengar Property are each respectively
bisected by east -west alleys that prevent the unification of each parcel; and
WHEREAS, on March 28, 2019, the City Commission accepted a conveyance by
Mengar of 0.18 acres +1- of property located at 770 Northwest 41 Avenue, Miami, Florida
located directly north of and adjacent to the Station #10 Property ("Additional Property") to
expand the existing Station #10 Property; and
WHEREAS, the conveyance of the Additional Property was with a reverter that rovided
that the Additional Property would revert to Mengar, should Mengar and the City not - ter into a
suitable development agreement that apportioned certain parts of the above-descred alleys to
Mengar and closed and vacated the same; and
WHEREAS, Land 1 (One), Ltd. ("Land One") is the owner of 1.0 acre +1- of properties
located at 835 and 875 Northwest 42 Avenue, Miami, Florida and located •' ectly north of the
Mengar Property ("Land One Property"); and
WHEREAS, the Mengar Property, Station #10 Property, Addi .nal Property, and Land
One Property are located in the same block bounded by Northwest Street to the north,
Northwest 7 Street to the south, Northwest 41 Avenue to the eas and Northwest 42 Avenue
(LeJeune Road) to the west; and
WHEREAS, the City desires to own the Additional P operty free and clear of the reverter
provision in order to facilitate the future redevelopment of ire -Rescue Station #10 to better
serve the surrounding area; and
WHEREAS, in order to do so, the City must onvey its reversionary rights in the alleys
described herein to Mengar; and
WHEREAS, in order to ensure that no dead-end" condition is created in the remaining
portion of the alley on the block by such ac .n and to maintain the throughput of the same, the
City wishes, by this development agreem- t, to dedicate a suitable area for right-of-way or
highway purposes across the Additiona -roperty at its northernmost section to ensure the
maximization of the Additional Prope for future redevelopment of Fire -Rescue Station #10
("Dedication"); and
WHEREAS, placement . the Dedication in the manner described above to grant
maximum use of the Addition Property is possible with the inclusion of the Land One Property
in this development agree nt; and
WHEREAS, pur- ant to Sections 163.3220 —163.3243, Florida Statutes (2018), the
Florida Legislature ha found that a development agreement "encourages sound capital
improvement planni , • and financing" and "encourages private participation in comprehensive
planning"; and
WHEAS, this Development Agreement, attached and incorporated as Exhibit "A,"
encourages ound capital improvement planning and financing by providing for the City to take
the Additi. al Property free and clear of encumbrances and expand Fire -Rescue Station #10 at
no upfr• t cost to the City, in exchange for the divestment of certain alleys, the vacation and
closur- of which will result in reduced maintenance costs and potential liability; and
WHEREAS, this Development Agreement, attached and incorporated as Exhibit "A,"
courages private participation in comprehensive planning by leveraging private sector assets
to expand City facilities; and
City of Miami File ID: 5954 (Revision:) Printed On: 7/1/2019
WHEREAS, the reversionary rights held by the City to be conveyed to Mengar and Land
One pursuant to this Development Agreement, attached and incorporated as Exhibit "A," meet
two (2) exceptions to Section 29-B of the City Charter because (1) it is the conveyance of
property to implement a project of the City for the expansion of Fire -Rescue Station #10 and (2)
the reversionary rights in the portions of alleys to be conveyed are non -waterfront, being
conveyed to the owner of adjacent property, are both less than 7,500 square feet, and are n
buildable by themselves in their current configuration as an alley; and
WHEREAS, the City has made certain findings, contained in the Development
Agreement, attached and incorporated as Exhibit "A," that the closure and vacation . the alleys
meet the criteria found in Section 55-15(c) of the City Code and that such vacation : nd closure
is in the public interest and for a public purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF ' E CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble • this Resolution are
adopted by reference and incorporated as if fully set forth in this Sec `•n.
Section 2. The Development Agreement, attached and i orporated as Exhibit "A,"
pursuant to Chapter 163, Florida Statutes, between Mengar, L d One, and the City relating to
development of the properties as described herein is hereby . pproved.
Section 3. The Development Agreement, attach-: and incorporated as Exhibit "A," is
applicable only to the Station #10 Property, Additional ' operty, Land One Property, and
Mengar Property for the purpose of future redevelop ent of such for any uses permitted by the
Miami Comprehensive Neighborhood Plan — Futur and Use Map Designation and Ordinance
No. 13114, the Zoning Ordinance of the City of . mi, Florida, as amended, without change to
any of the above mentioned property's zoning • Future Land Use Map Designation and without
prejudice to seek a future land use or zoning ange to the same, and is further for the purpose
of apportioning certain alleys to Mengar anLand One, receiving dear title to the City for the
Additional Property, and then closing an • acating said alleys.
Section 4. The City Manager authorized' to negotiate and execute the Development
Agreement, in substantially the atted form, for said purpose.
Section 5. If any section , part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invali• he remaining provisions of this Ordinance shall not be affected.
Section 6. This • s inance shall become effective immediately upon its adoption and
signature of the Mayor
1 T herein authorization is further subject to compliance with all requirements that may be imposed by
t City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
revisions.
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.
City of Miami Fife ID: 5954 (Revision:) Printed On: 7/1/2019
APPROVED AS TO FORM AND CORRECTNESS:
ity ttor ey 6/4/2019
SUBSTITUTED
City of Miami File ID: 5954 (Revision:) Printed On: 7/1/2019