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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10614 Date: 09/01/2021 Commission Meeting Date: 09/13/2021 Requesting Department: Department of Real Estate and Asset Management; Department of Parks; Office of Capital Improvements Sponsored By: District Impacted: District 3 Type: Resolution Subject: Direct CM - Jose Marti Park - Land Exchange Purpose of Item: A Resolution of the Miami City Commission, with attachment(s) authorizing the City Manager, pursuant to City Charter Section 29-B(c), to execute a Land Exchange Agreement, in a form acceptable to the City Attorney ("Land Exchange Agreement"), between the City of Miami ("City") and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida CBOT") through the State of Florida ("State") Department of Environmental Protection ("FDEP"), for the City to convey back to BOT one of the Butler Act Parcels, identified in the Disclaimer as Parcel Part III, containing approximately eight hundred and sixty-nine (869) square feet, in exchange for the conveyance from BOT to the City of three (3) additional parcels, containing a total combined size of approximately three hundred and forty three (343) square feet, all as legally described in Exhibit "B" attached and incorporated, with the valuation determined by the State -required appraisals provided in Exhibit "C", attached and incorporated, with terms and conditions to be more particularly described in the Land Exchange Agreement; further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said Land Exchange Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said acquisition; allocating funds from OCI Project 40-B-193500 and 40-B- 193803 in an amount not to exceed Eight Thousand Dollars ($8,000.00), to cover the cost of said acquisition, inclusive of the cost of survey, environmental reports, title insurance, and all related closing costs associated with said acquisition, in accordance with the terms and conditions of the Land Exchange Agreement. Background of Item: The City of Miami ("City") owns the riverfront property known as Jose Marti Park ("Park"). On February 1, 2021, the Board of Trustees of The Internal Improvement Trust Fund of The State of Florida CBOT") approved the request and executed Disclaimer No. 42113(6815-13) attached and incorporated hereto as Exhibit "A" ("Disclaimer") conveying to the City the three (3) parcels of formerly sovereignty submerged lands, containing a total of approximately twenty one thousand nine hundred and three (21,903) square feet (identified in such Disclaimer as "Part I," "Part II," and "Part III," or collectively, "Butler Act Parcels"). The adopted Resolution R-21-0322 dated July 22, 2021, approved the acceptance, pursuant to the Disclaimer, of the Butler Act Parcels. The City and BOT desires to enter into a Land Exchange Agreement in whereby BOT will convey to the City three (3) additional parcels, containing a total combined size of approximately three hundred and forty-three (343) square feet, as identified in Exhibit "B", attached and incorporated, in exchange for the conveyance from the City to BOT of parcel Part III of the Butler Act Parcels, containing approximately eight hundred and sixty-nine (869) square feet ("Land Exchange Agreement"). The valuations for the respective State and City parcels being exchanged pursuant to the Land Exchange Agreement have been determined by the State -required appraisals, as provided in Exhibit "C", attached and incorporated in accordance with Section 253.025 Florida Statutes and Section 253.42, Florida Statutes. City Charter Section 29-B(c) allows for the City to convey property to implement projects of any governmental agency or instrumentality. The various parcels of upland and submerged land acquired pursuant to the Disclaimer and the Land Exchange Agreement, are greater in size than the parcels to be conveyed to the State, and such acquired land shall be used in support of the Park. The City Commission finds it in the best interest of the City to authorize the City Manager and City Attorney to negotiate and execute the Land Exchange Agreement, and any other necessary documents, including amendments, modifications, all in forms acceptable to the City Attorney, in order to effectuate said Land Exchange Agreement. The project has been added to the City's Multi -Year Capital Plan as project 40-B- 193500 and 40-B-193803, with funding from Florida Inland Navigation District ("FIND") Grants, City Miami Forever Bonds funding, and Parks Impact Fees. The City's estimated total cost for the acquisition of the Property will not exceed Eight Thousand Dollars ($8,000.00), with funds being allocated from OCI Project 40-B-193500 and 40- B-193803. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: over $28M Start Up Capital Cost: probable estimate $17M Phase I, Phase II $11 M. CIP Project No: 40-B-193500, 40-B-193803 Reviewed B Department of Real Estate and Asset Management Review Completed 09/01/2021 1:13 PM Office of Capital Improvements Angel Carrasquillo City Manager's Office Barbara Hernandez Office of Management and Budget Leon P Michel City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Jacqueline Lorenzo Office of the City Attorney Marta Gomez Office of the City Attorney Victoria Mendez 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 Suzanne Hollander Department Head Review Department Head Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Department Head Completed Completed Completed Completed Completed Completed Completed Skipped Completed Completed Completed Signed and Attested by the City Clerk Completed Rendered Completed 09/01/2021 4:23 PM 09/01/2021 10:06 PM 09/01/2021 10:27 PM 09/01/2021 11:10 PM 09/01/2021 11:10 PM 09/01/2021 11:46 PM 09/02/2021 12:14 AM 09/02/2021 12:28 AM 09/02/2021 12:40 AM 09/13/2021 9:00 AM 09/23/2021 4:32 PM 09/23/2021 4:35 PM 09/23/2021 4:36 PM City of Miami Legislation Resolution Enactment Number: R-21-0348 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10614 Final Action Date:9/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A LAND EXCHANGE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ("LAND EXCHANGE AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND CBOT") OF THE STATE OF FLORIDA ("STATE") THROUGH THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), FOR THE CITY TO CONVEY BACK TO BOT ONE OF THE BUTLER ACT PARCELS, IDENTIFIED AS PARCEL PART III IN THE DISCLAIMER ATTACHED AND INCORPORATED AS EXHIBIT "A" AND ACCEPTED PURSUANT TO CITY RESOLUTION NO. R-21-0322, CONTAINING APPROXIMATELY EIGHT HUNDRED AND SIXTY-NINE (869) SQUARE FEET, IN EXCHANGE FOR THE CONVEYANCE FROM BOT TO THE CITY OF THREE (3) ADDITIONAL PARCELS, CONTAINING A TOTAL COMBINED SIZE OF APPROXIMATELY THREE HUNDRED AND FORTY THREE (343) SQUARE FEET, ALL AS LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, WITH THE VALUATION DETERMINED BY THE STATE -REQUIRED APPRAISALS PROVIDED IN EXHIBIT "C", ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS TO BE MORE PARTICULARLY DESCRIBED IN THE LAND EXCHANGE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LAND EXCHANGE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID LAND EXCHANGE; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS PROJECT NOS. 40-B-193500 AND 40-B-193803, IN AN AMOUNT NOT TO EXCEED EIGHT THOUSAND DOLLARS ($8,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID LAND EXCHANGE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LAND EXCHANGE AGREEMENT. WHEREAS, the City of Miami ("City") owns the riverfront property known as Jose Marti Park ("Jose Marti Park"); and WHEREAS, on February 1, 2021, the Board of Trustees of The Internal Improvement Trust Fund of The State of Florida ("BOT") approved and executed Disclaimer No. 42113(6815- 13), attached and incorporated hereto as Exhibit "A" ("Disclaimer"), conveying to the City the three (3) parcels of formerly sovereignty submerged lands, containing a total of approximately twenty one thousand nine hundred and three (21,903) square feet (identified in such Disclaimer as "Part I," "Part II," and "Part III," or collectively, "Butler Act Parcels"); and WHEREAS, the City Commission adopted Resolution No. R-21-0322, on July 22, 2021, authorizing the acceptance of the Butler Act Parcels; and WHEREAS, the City and BOT desire to enter into a Land Exchange Agreement whereby BOT will convey to the City three (3) additional parcels, containing a total combined size of approximately three hundred and forty-three (343) square feet, as identified in Exhibit "B", attached and incorporated, in exchange for the conveyance from the City to BOT of parcel Part III of the Butler Act Parcels, containing approximately eight hundred and sixty-nine (869) square feet ("Land Exchange Agreement"); and WHEREAS, the valuations for the respective State and City parcels being exchanged pursuant to the Land Exchange Agreement have been determined by the State -required appraisals, as provided in Exhibit "C", attached and incorporated, in accordance with Section 253.025, Florida Statutes and Section 253.42, Florida Statutes; and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter") allows for the City to convey property to implement projects of any governmental agency or instrumentality; and WHEREAS, the various parcels of upland and submerged land acquired pursuant to the Disclaimer and the Land Exchange Agreement, are greater in size than the parcels to be conveyed to the State, and such acquired land shall be used in support of the Jose Marti Park; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute the Land Exchange Agreement, in a form acceptable to the City Attorney, and any other necessary documents, including amendments and modifications, all in forms acceptable to the City Attorney, in order to effectuate said Land Exchange Agreement; and WHEREAS, the project has been added to the City's Multi -Year Capital Plan as Office of Capital Improvements ("OCI") Project Nos. 40-B-193500 and 40-B-193803, with funding from Florida Inland Navigation District ("FIND") Grants, Miami Forever Bonds funding, and Parks and Recreation impact fees; and WHEREAS, the City's estimated total cost for the exchange shall not exceed Eight Thousand Dollars ($8,000.00), with funds being allocated from OCI Project Nos. 40-B-193500 and 40-B-193803; 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 fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute a Land Exchange Agreement, in a form acceptable to the City Attorney, pursuant to City Charter Section 29-B(c), between the City and BOT, to convey back to BOT parcel Part III of the Butler Act Parcels in exchange for three (3) additional parcels to the City, containing a total combined size of approximately three hundred forty three (343) square feet, as legally described in Exhibit "B", 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. attached and incorporated, with the valuation determined by the State -required appraisals provided in Exhibit "C", attached and incorporated, with terms and conditions to be more particularly described in the Land Exchange Agreement. Section 3. Funding for the acquisition is to be allocated in an amount not to exceed Eight Thousand Dollars ($8,000.00) from OCI Project Nos. 40-B-193500 and 40-B-193803. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 9/2/2021 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.