HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #17318
Date: 03/03/2025
Commission Meeting Date: 03/13/2025
Requesting Department: OMNI Community
Redevelopment Agency
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Authorize - Termination of Reverter Clause
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AND AUTHORIZING THE RELEASE OF ANY AND ALL RIGHTS OF
REVERSION AND AUTOMATIC REVERSION IN THE CITY DEED, DATED AUGUST
1, 2007, RECORDED IN OFFICIAL RECORDS BOOK 26076, PAGES 3191-3198 IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, ISSUED TO THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI
CRA") FOR PROPERTIES LOCATED APPROXIMATELY AT 1401 AND 1441 NORTH
MIAMI AVENUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE
OF THE REVERSIONARY RIGHTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED EXHIBIT
"A" AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
Background of Item:
WHEREAS, pursuant to Resolution No. 06-0658, adopted on November 9, 2006 by City
Commission of the City of Miami ("City"), the City Commission approved the
conveyance of the properties located at approximately 1401 and 1441 North Miami
Avenue, as more particularly described in the attached and incorporated Exhibit "B"
("Property") to the Omni Redevelopment District Community Redevelopment Agency
("Omni CRA") for redevelopment purposes; and
WHEREAS, in conveying the property to the Omni CRA, the City imposed numerous
conditions in the Deed, which include but are not limited to the requirement that the
CRA obtain the approval of the City Commission before conveying the Property to a
third party; and
WHEREAS, the City Deed dated August 1, 2007, recorded in Book 26076 Pages 3191-
3198 in the official records of Miami -Dade County, contains a specific provision which
requires the Property to revert back to the City if the CRA fails to obtain the approval of
the City before conveying the Property to a third party; and
WHEREAS, by CRA Resolution No. CRA-R-15-0021, the CRA directed its Executive
Director to negotiate a purchase and sale agreement with 14th Street Development LLC
("Developer") for the sale of the Property; and
WHEREAS, by Special Warranty Deed dated February 12, 2016, and recorded in Book
29967 Page 3701 of the public records of Miami -Dade County, the Omni CRA sold the
Property to 14th Street Development LLC for the sum of One Million Two Hundred
Eighty Thousand Dollars ($1,280,000.00); and
WHEREAS, the Omni CRA did not obtain the approval of the City Commission before
sale of the Property to the Developer as required by the City Deed and consequently
the sale is inconsistent with restrictions in the City Deed and the Property may be
reverted back to the City if the violations of the deed restrictions are not cured; and
WHEREAS, the Omni CRA and the City believe that it is in the best interest of the City
to release the City's right of reversion in the City Deed to facilitate the redevelopment of
the Property consistent with redevelopment plan of the CRA, and
WHEREAS, the City Commission now need to approve and authorize the release of the
reversionary conditions and all reversionary rights set forth in the City Deed dated
August 1, 2007;
Budget Impact Analysis
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Item has NOT an Expenditure
Total Fiscal Impact:
N/A
OMNI Community Redevelopment Agency
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
City Manager's Office
City Manager's Office
Legislative Division
Outside Counsel
Office of the City Attorney
City Commission
Outside Counsel
Office of the City Clerk
Reviewed B
03/03/2025 6:48 PM
Donovan Dawson
Marie Gouin
Mabel Betancourt
Larry M. Spring
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Outside Counsel
Mabel Betancourt
Maricarmen Lopez
Outside Counsel
City Clerk's Office
Isiaa Jones
Department Head
Budget Analyst Review Completed
Budget Review Completed
Assistant City Manager Review Skipped
Assistance City Manager Completed
Deputy City Manager Review Completed
City Manager Review Completed
Legislative Division Review Skipped
Approved Form and Correctness Completed
Approved Form and Correctness Skipped
Meeting Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
03/04/2025 9:05 AM
03/04/2025 10:29 AM
03/04/2025 4:17 PM
03/04/2025 6:12 PM
03/04/2025 7:35 PM
03/04/2025 8:10 PM
03/04/2025 7:49 PM
03/04/2025 8:40 PM
03/04/2025 9:19 AM
03/13/2025 9:00 AM
Completed
03/18/2025 5:49 PM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0080
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17318 Final Action Date:3/13/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AND AUTHORIZING THE RELEASE OF ANY AND ALL RIGHTS OF
REVERSION AND AUTOMATIC REVERSION IN THE CITY DEED, DATED AUGUST
1, 2007, RECORDED IN OFFICIAL RECORDS BOOK 26076, PAGES 3191-3198 IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, ISSUED TO THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI
CRA") FOR PROPERTIES LOCATED GENERALLY AT 1441 NORTH MIAMI AVENUE;
AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF THE
REVERSIONARY RIGHTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A
DRAFT OF WHICH IS ATTACHED AND INCORPORATED EXHIBIT "A" AND TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 06-0658, adopted on November 9, 2006 by City
Commission of the City of Miami ("City"), the City Commission approved the conveyance of the
properties located at 1401 and 1441 North Miami Avenue, as more particularly described in the
attached and incorporated Exhibit "B" ("Property") to the Omni Redevelopment District
Community Redevelopment Agency ("Omni CRA") for redevelopment purposes; and
WHEREAS, in conveying the property to the Omni CRA, the City imposed numerous
conditions in the Deed, which include but are not limited to the requirement that the CRA obtain
the approval of the City Commission before conveying the Property to a third party; and
WHEREAS, the City Deed dated August 1, 2007, recorded in Book 26076 Pages 3191-
3198 in the official records of Miami -Dade County, contains a specific provision of reversion of
the Property back to the City if the CRA fails to obtain the approval of the City before conveying
the Property to a third party; and
WHEREAS, the City Deed also includes a provision that if the Omni CRA ceases to exist
and there is no legally or validly organized successor to assume the obligations of the Omni
CRA, the Property would automatically revert back to the City; and
WHEREAS, by CRA Resolution No. CRA-R-15-0021, the CRA directed its Executive
Director to negotiate a purchase and sale agreement with 14th Street Development LLC
("Developer") for the sale of a portion of the Property; and
WHEREAS, on June 25, 2015, through Resolution No. R-15-0275, the City Commission
approved the sale of the CRA owned property located at 1441 North Miami Avenue; however,
the City Commission approval did not include a release of the City's right of reversion that is
contained in the City Deed; and
WHEREAS, by Special Warranty Deed dated February 12, 2016, and recorded in
Official Records Book 29967, Page 3701 of the public records of Miami -Dade County, the Omni
CRA sold a portion of the Property to 14th Street Development LLC for the sum of One Million
Two Hundred Eighty Thousand Dollars ($1,280,000.00); and
WHEREAS, this portion of the Property was conveyed in connection with the
implementation of a project authorized under the Florida Community Redevelopment Act of
1969; and
WHEREAS, in order to release the remaining right of reversion from the Property, the
CRA now requests that the City Commission release the right of reversion from the City Deed;
and
WHEREAS, the Omni CRA and the City believe that it is in the best interest of the City to
release the City's right of reversion in the City Deed to that portion of the Property conveyed to a
third party in order, as more particularly described in the attached and incorporated Exhibit "C",
to facilitate the redevelopment of the Property consistent with the redevelopment plan of the
CRA; and
WHEREAS, the City Commission approves and authorizes the release of the right of
reversion conditions, and all reversionary rights set forth in the City Deed dated August 1, 2007
with respect to the portion of the Property described in Exhibit "C", Folio No. 01-3136-005-1110,
located at 1441 North Miami Avenue, Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF 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 Commission approves and authorizes' the release of any and all
rights of reversion and automatic reversion with respect to the portion of the Property with Folio
No. 01-3136-005-1110, located at 1441 North Miami Avenue, Miami, Florida as set forth in the
City Deed, dated August 1, 2007, recorded in Official Records Book 26076, Pages 3191-3198 of
the public records of Miami -Dade County, issued to the Omni Redevelopment District
Community Redevelopment Agency ("Omni CRA") and in the deed recorded in Official Records
Book 29967, Page 3701 of the public records of Miami -Dade County from the Omni CRA to 14th
Street Development LLC, as more particularly described in the attached and incorporated
Exhibit "C".
Section 3. The City Manager is authorized' to execute the release of the City's
reversionary rights in a form acceptable to the City Attorney, a draft of which is attached and
incorporated as Exhibit "A.".
Section 4. The City Manager is further authorized1 to do all things necessary to
effectuate this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
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.
APPROVED AS TO FORM AND CORRECTNESS:
OUTSIDE COUNSEL 3/13/2025
Outside Counsel
Outside Counsel 3/4/2025