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HomeMy WebLinkAbout25118AGREEMENT INFORMATION AGREEMENT NUMBER 25118 NAME/TYPE OF AGREEMENT SEOPW CRA DESCRIPTION MEMORANDUM OF UNDERSTANDING/USE OF PROPERTY LOCATED AT 1490 NW 3RD AVE, MIAMI, FL - OVERTOWN SHOPPING CENTER/FILE ID: 15465/CRA-R-24-0053/MATTER ID: 23-3147/#37 #36 #38 EFFECTIVE DATE July 19, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/16/2024 DATE RECEIVED FROM ISSUING DEPT. 8/6/2024 NOTE CITY OF MIAMI I e� DOCUMENT ROUTING FORM c� ORIGINATING DEPARTMENT: Southeast Overtown / Park West Community Redevelopment Agency DEPT. CONTACT PERSON: Antonette English EXT. (305 679-6814 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: City of Miami Code Compliance Office IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 21 NO TOTAL CONTRACT AMOUNT: $ N/A FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT 0 PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT 0 LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Memorandum of Understanding. PURPOSE OF ITEM (BRIEF SUMMARY): The officers ensures that business and people follow public health, safety, public works, consumer protection, business activities, building standards, municipal affairs, and more. COMMISSION APPROVAL DATE: 1/25/2024 FILE ID: 15445 ENACTMENT NO.: CRA-R-24-0006 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: c +a: n'.+'Mh+�vSS„E's. -x:.' -•i,;ir r�e.:T.'�,::j",.°,.r: tel::+4°y - :a' ROU. TIING*I F ORMA i. . - ........_ .M .Q. _.. �'.• 01�1•;�:�� ., .,-.. :,, .. Date PLEASE PRINT AN SIGN APPROVAL BY DEPARTMENTAL DIRECTOR WET SIGNATURE REQUIRED (0I25)2O11 PRINT: JAMES McQUEE r r!- SIGNATURE: /r�� SUBMITTED TO RISK MANAGEMENT !. �j�' iU����� 1 PRINT:ANN- AR SIGNATURE: SUBMITTED TO CITY ATTORNEY (DGS) (MATTER. ID: 23-31474s `� �` t_ PRINT: GEO(RGE K. SONG, III SIGNA t. PRINT: SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER APPROVAL BY DEPUTY CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ARTHUR O ' EGA, V. SIGNATURE:= SUBMITTED TO CITY CLERK PRINT: TODD B. HANNON SIGNATURE: 1) ONE ORIGINALTO CITYCLERK; 2) ONECOPY_TO CITY ATTORNEYS ;OFFICE; 3) REMAINING ORIGINAL(S) TO:ORIGINATING DEPARTMENT. PRINT: SIGNATURE: PRINT: SIGNATURE: PST: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING ENARTMENT: Southeast Overtown / Park West Community Redevelopment Agency DEPT. CONTACT PERSON: Antonette English EXT. (305 679-6814 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: City of Miami Code Compliance Office IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES [ NO TOTAL CONTRACT AMOUNT: $ N/A FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT 0 INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT El LEASE AGREEMENT 0 LICENSE AGREEMENT - ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Memorandum of Understanding, PURPOSE OF ITEM (BRIEF SUMMARY): The officers ensures that business and people follow public health. safety, public works, consumer protection, business activities, building standards, municipal affairs, and more. 37 COMMISSION APPROVAL DATE: 1/25/2024 FILE ID: 15445 ENACTMENT NO.: CRA-R-24-0006 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: OISATDNG;INFOR ATIO6II; ,; a=- : " : {: `.=. Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR WET SIGNATURE REQUIRED (tj/25/204 PRINT: JAMES M UEEN SIGNATURE:` SUBMITTED TO RISK MANAGEMENT PRINT:ANN-MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY..— (DGS) (MATTER ID: 23-3147 PRINT: GEOR K WYSONG, III SIGNATURE ' )---- d,' PRINT: U" SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER APPROVAL BY DEPUTY CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ARTHUR N IEGA, V. SIGNATURE: SUBMITTED TO CITY CLERK PRINT: TODD B. HA NON SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY. TO CITY .ATTORNEY'aOFFICE; 3) lRENIAINING'ORKGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PST: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL D "CUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER MEMORANDUM OF UNDERSTANDING BETWEEN • THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF MIAMI, FLORIDA This MEM RANDUM OF UNDERSTANDING (the "MOU") is made and entered into on this 1'4khday of �b42024, by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), located at 819 NW 2nd Avenue, 3rd Floor, Miami, Florida 33136 and the City of Miami, ("City"), located at 444 SW 2nd Ave, Miami, FL 33130, (each a "Party" or collectively the "Parties"). The Parties hereby agree as follows: TERMS PURPOSE: WHEREAS, on March 22, 2012, the City pursuant to Resolution No. R-12-0114, attached and incorporated herein as Exhibit "A", conveyed to the CRA the property located at 1490 Northwest Third Avenue, Miami, Florida ("Property"); and WHEREAS, in the furtherance of said conveyance to the CRA, the City executed and recorded a quitclaim deed at Book 28222, Page 4315-4324 of the official records of Miami -Dade County, attached and incorporated herein as Exhibit "B", conveying at no cost to the CRA, the Property also known as the Overtown Shopping Center, so long as the City reserved certain improved portions (i.e., reserved and temporary space) of the Property for exclusive use of the City; and WHEREAS, the City now wishes to re-enter and space at the Property to operate a Code Compliance Office, at no cost to the City; and WHEREAS, the purpose of this MOU is to evidence the Parties' intention regarding the use of the space at said Property; and WHEREAS, on January 25, 2024, the Board of Commissioners of the CRA adopted Resolution No. CRA R-24-0006, attached and incorporated herein as Exhibit "C", authorizing the Executive Director to negotiate and execute this MOU; and WHEREAS, on February 8, 2024, the City Commission adopted Resolution No. R-24- 0053, attached and incorporated herein as Exhibit "D", authorizing the City Manager to negotiate and execute this MOU; NOW THEREFORE, in consideration of the mutual promises herein contained, the CRA and the City enter into this Memorandum of Understanding and intend as follows: TERM: The term of this Agreement shall commence on February 8, 2024, and shall continue until thirty (30) day written notice is provided to either Party ("Term"). PROPERTY LOCATION: 1490 Northwest Third Avenue, Miami, Florida SIZE OF SPACE: 2,286 contiguous S.F. USE: City's Department of Code Compliance Office Space ("Space") FEES: City shall not be required to pay any consideration to the CRA for the exclusive use of the Space pursuant to the terms outlined in the Quitclaim Deed recorded at Book 28222, Page 4315- 4324 of the official records of Miami -Dade County. City shall, however, be responsible for all costs, including but not limited to utility fees, maintenance and permits, associated with the use of the Space. CONDITIONS: a. City shall comply with all applicable laws pertaining to City's use of the Space, including but not limited to obtaining any and all permits and licenses required by law. Throughout City's occupancy of the Space, City shall not conduct nor permit any activity (including but not limited to sale or consumption of food or alcohol) on or around the Space without first obtaining all necessary permits and licenses. b. City shall keep the Space clean during the Term, shall not damage the Space in any way, and, at the end of the Term, shall vacate the Space, leaving the Space in as good a condition as existed at the beginning of the Use Period (the "Original Condition"). City agrees to pay CRA for the cost of any clean-up and/or repairs made necessary by reason of City's use of the Space, except for normal wear and tear, upon termination of use. City accepts the Space in the Original Condition. City accepts the Space on an "as -is, where -is" basis and subject to all existing easements, servitudes, licenses and rights of way. c. The City maintains a self -insured program in accordance and subject to the limitations of Section 768.28 of the Florida Statutes. d. Subject to the limitations and provisions of Section 768.28 of the Florida Statutes, the. City agrees to indemnify, defend and hold harmless the CRA from any claims, liabilities, costs and damages arising from the City's negligence in connection with this agreement. This section shall not, in any manner, alter or waive the City's or CRA's sovereign immunity or extend the City or CRA's liability beyond the limits established in Section 768.28, Florida Statutes. e. CRA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SPACE AND SHALL NOT BE LIABLE FOR ANY OF THE ASSUMED RISKS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. f. CRA and City shall each have the right to terminate this Agreement at any time, by giving written notice to the other party at least thirty (30) days prior to the effective date of such termination. g. The Parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation arising out of, under or in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any Party hereto. GOVERNING LAW, VENUE, AND FEES: This MOU shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County Florida and the parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the MOU, each party shall bear its own attorney's fees. AUTHORITY: Each person signing this MOU represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this MOU. Each party represents and warrants to the other that the execution and delivery of the MOU and the performance of such parry's obligations and the certifications hereunder have been duly authorized. CHANGES AND MODIFICATIONS: Changes and/ or modifications to this MOU shall be in writing and signed by the authorized agent of the CRA and the City, or their duly authorized designee within the scope of their authority. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this MOU. All requests for interpretation or modification shall be made in writing. COUNTERPARTS AND ELECTRONIC SIGNATURES: This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same MOU. The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed MOU upon request. NOTICES: All notices or other communications, which may be given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to the address indicated herein. Such notice shall be deemed given on the day on which personally served; or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: CRA: City: James McQueen Executive Director 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 With a copy to: Vincent Brown Staff Counsel 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 Arthur Noriega, V City Manager 3500 Pan American Drive Miami, Florida 33133 With a copy to: City of Miami ATTN: Director Department of Code Compliance 444 SW 2 Avenue, 7th Floor Miami, Florida 33130 George K. Wysong, III City Attorney 444 SW 2 Avenue, Suite 945 Miami, Florida 33130 THIS SECTION INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, as of the day and year first above written. Southeast OvertownlPark West Community Redevelopment Agency, an agency and instrumentality of the City of Miami ATTEST: BY: Todd B. Clerk of the Board Executive Director APPROVED AS TO LEGAL FORM AND CORRECTNESS: 1 Vincent T. Brown, Esq. Staff Counsel City of Miami, a municipal corporation of the State of Florida ATT BY: . Hann Arthur No City Clerk City Manag'r APPROVED REQUII EME AS Ann- 'e Sharp Ris . agement Director CE APPROVED AS TO LEGAL FORM AND CORRECTNESS: e K. Wysong, City Attorney 9, Exhibit A City of Miami Certified Copy City Hal 3590 Pan An erica, Erive Mami, FL39193 ynnwrniamignv.corn File Number: 12-00224 Enactment Number: R-12-0114 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTEA QUITCLAIM DEED, IN SUBSTANTIALLY THE FORM OF EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWNJPARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA. ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND RECORDATION OFACOVENANT OF USE IN FAVOR OF THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUBSTANTIALLY THE FORM OF EXHIBIT "B," ATTACHED HERETO AND MADE APART HEREOF. WHEREAS, the City of Miami, Florida ("City") awns that certain property, and the improvements thereon, located at 1490 Northwest Third Avenue, Miami, Florida ("Property"); and WHEREAS, on September 26, 1980, the City received a grant, in the amount of One Million Fore Hundred Eighty Thousand Four Hundred and No/100 Dollars (S1,580,400.00), from the United States Department of Commerce Economic Development Administration ("EDA"), for the construction of a shopping center within the Overtown section of the City ("Federal Grant"); and WHEREAS, pursuant to the Federal Grant, the City and the Overtown Economic Development Corporation, a not -for -profit corporation organized under the laws of the State of Florida on March 19, 1980 and involuntarily dissolved on November 4, 1988 ("OEDC"), executed a memorandum of agreement to memorialize their respective responsibilities and interests under the Federal Grant ("Grant Memorandum"); and WHEREAS, to further the intent of the Federal Grant, the City, the EDA and the OEDC entered into that certain property management agreement dated June 21, 1983, which governs any conveyance of the Property, including any such conveyance as contemplated herein ("Management Agreement" and, together with the Federal Grant and Grant Memorandum, the "Grant Documents"); and WHEREAS, the original term of the Grant Documents Is for a period of forty (40) years, which term is not expected to expire earlier than the Year 2020, unless sooner terminated as contemplated herein; and WHEREAS, the City desires to convey the Property to the Southeast Overto«,1!Park West Community Redevelopment Agency ("CRA") for its rehabilitation; and WHEREAS, to further such conveyance, the City will be required to execute and record in the public records a covenant of use in favor of the EDA, in exchange for the EDA's release of any interest in the Property granted to the EDA by the Grant Documents; and Civ1 of Mimi Page 1©f 3 R-12,0114 He Number. 12-00224 Faactment Number: R-12-0114 WHEREAS, the CRA is responsible for carrying out redevelopment activities, projects and goals within its redevelopment area pursuant to its approved redevelopment plan; and WHEREAS, Section 4, at pages 62 to 65, of the Redevelopment Plan, identifies as a project area that certain portion of the redevelopment area bounded by Northwest 22nd Street to the north, Interstate 395 to the south, Northwest First Place to the east, and Northwest Fourth Avenue to the west, Miami, Florida ("Focus Area"); and WHEREAS, the Property, located within the Focus Area, is currently in a depressed condition, which condition has a blighting effect on its surrounding area; and WHEREAS, the instant transaction is authorized by Section 29-B of the Charter of the City of Miami, Florida ("Charter") as a "[conveyance] of property to implement projects authorized under the [Community RedevelopmentAct of 1969];" and WHEREAS, pursuant to Section 2943 of the Charter, the Miami City Commission wishes to authorize the City Manager to execute (1) a quitclaim deed conveying the Property to the CRA, and (2) a covenant of use in favor of the EDA in exchange for the EDA's release of any interest in the Property; NOW, THEREFORE, BE fT 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 11 fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a quitclaim deed, in substantially the form of Exhibit "A," attached hereto and made a part hereof, conveying at no cost to the CRA, the City -owned Property also known as the Overtown Shopping Center. Section 3. The City Manager is authorized{1} to execute and record in the Public Records of Miami -Dade County, Florida, a covenant of use in favor of the EDA, in substantially the form of Exhibit "B," attached hereto and made a part hereof, in exchange for the EDA's release of its interests, in the Property, under its grant to the City. Section 4. As conditions precedent to the foregoing, the CRA shalt (a) perform, or cause to be performed, a survey of the Property, in a form satisfactory to the City Manager; and (b) agree to cover all costs supplemental and necessary toward the transfer of the Property, which costs shall include without limitation, document recording fees. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Date: MARCH 22.2012 Mover: COMMISSIONER SPENCE-.ONES Seconder: COMMISSIONER CAROLLO Vote: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) SARNOFF Action: ADOPTED WITH MODIFICATIONS Cay of Miami Page 2af3 R-124114 lite Number. 12 4 Enadment Number: R-12-0114 Date: MARCH 29.2012 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-12-0114, with attachments, passed by the City Commission on 3/22/2012. June 07, 2012 Clerk, Deputy Clerk (for P.A. Thompson, Date Certified City Clerk) 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. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page (J3 R.12-i}114 Exhibit B Thb Immanent prepared by: JulieO. Bra, City Attorney City of M iami, Florida 444 S.W. Ind Avenue Suit 945 Miami, Florida 33130-1910 1111111 IIII11111111111111111111111111IIII 1111 CFN 2012RO56O999 OR ek 28222 P95. 4315 - 4324E (10'9s RECORDED 08/09/2012 11:16:09 DEED DOC TAX 0.60 HARVEY RUVINr CLERK OF COURT IiIAHI-DADS COUHTYv FLORIDA After reecalatian, Ibis Insinmteat t, be returned toe Office of Man Management City of Mime, Florida 444 SAV.2 nd Avenue, Suite 326 Miami, Florida 33130. 1910 Space Above Tins LJne For Recording Data OUiTCLAIM DEED This QUITCLAIM DEED ("Deed") is made this (./-'Cdayof 14.94ng 201Z by and between the CflY OF MiAMi, FLORIDA, a municipal corporation of the State of Florida. with its administrative offices at 444 S.W. 2nd Avenue, Miami, Florida ("Ct=ty"), of the tuft part as grantor, and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the city of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with offices at 49 N.W.5tb Street, Suite 100, Miami, Florida ("CRA'), oldie second part as grantee. WfTNFSSETH That the City, for and in consideration of the sum of Ten and No/100 Dollars (510.00) to it in band paid by the CRA, receipt and sufficiency of which are hereby acknowledged, Ins remised, released and quitclaimed to the CRA, its heirs and its assigns, subject to the right of reverter and reentry see forth below, the land Tying situate in the county of Miami -Dade, state of Florida, being more particularly described in Exhibit "A," attained hereto and mate a part hereof ("PronerlV'). This Deed conveys only the interests of the City in the Property described herein, and shall not warrant tale thereto This Deed is made and executed upon, and is subject to, the following conditions, restrictions and covenants, which are pad of the consideration for the Property conveyed and are take and construed as ruining with the land 1. The City represents that certain federal funds, being subject to 24 C.F.R. § 570.205(ax4), as amended ('CDBG Reeulations"), have been utilized on past projects at the Property. The CRA agrees that, for a period of not less than five (5) years commencing on the date of this conveyance ("CMG Compliance Perla:V L the CRA shall use, or cause to be used, the Property, subject to all applicable CDBG Regulations 2. During the CDBG Compliance Period, the CRA agrees to provide, or cause to be provided, to the City evidence of the creation of no less than sixteen (16) jobs of which fifty-one (51%) percent of such jobs, computed on a ful4time equivalent basis, involve the employ mein of low- and moderate -income persons, pursuant to, and within the meaning of CDBG Regulations. Such jobs created under this Paragraph 2 shall each be created and thereafter maintained for a period of not less than one (I) year. 3. The CRA shall be liable for any failed compliance as sated in Paragraphs 1 and 2 above, The CRA shall, within ten ( 10)days of as rem' pt of notice of such failed compliance, begin and tbereafherdtligently prosecute the tarring of such failure, which prosecution shall ion,ude providing to the City any assistance, documents, technical infonnation, or other materials as may be required therefor. The City shall be reimbursed fir any Cone or other penalty as pacrd and for any expense it shall reasonably incur as a result of such tailed compliance. 4. The CRA agrees that in no event shall any interest in, or any right of occupancy err possrsalea of. the Property be granted to (a) any natural person, firm, partnership, association, corporation, limited Lability company, trust, public body, authority, governmental unit or other entity ('Person') whose use of the Property would be entitled to an exemption from ad valorem taxation under any applicable Exargtion Law (regardless of whether such Pasco has been granted an exemption thereunder): err (b) any Person whose use oldie Property is prohibited by any deed restrirtiom, or cotenant running with the land Page 1 of3 Gratown Stopping Caller Qiitdam Deed Puble Facilities > Asset Management> Real Estate > thrown Stopping Craaes(1490 N.W. 31d Avow) Book28222/Page4315 CFN#20120560999 Page 1 of 10 (individually and collectively, "Exempt Or nimoitn"). For purposes of this Paragraph 4, "Eemrsicn Law" shall mean, indiviol uallyand edteetively, (c) Sexxions 501(c) or 501(d) of the Internal Revence Code of 1986, as amended; (d) Chapter 196, Florida Statutes, as amended; and (e) aR regulations promulgated thereunder. 5. Notwithstanding the provisions of Paragraph 4, the CRA agrees to reserve on the Property no less than Two Thousand Two Hundred (2.203) contiguous square feet within the improved potions of the Property for the exclusive use of the Cay ("Reserve] Space") Notwithstanding any other provision to the contrary, the City shall: (a) be responsible for all necessary utilities for the Reserved Space; (b) ire the Reserved Space for any lawful municipal business and for no other purpose whatsoever, and (c) not be required to pay any consideration to theCRA for theexclusivity granted by this Paragraph 5, 6. Notwithstanding the prof Paragraph 4, the CRA agrees to reserve on the Property no less than Three Thousand Five tintdred (3,503) contiguous square feet within the Improved portions of the Property for the temporary and exclusive use of the City ('Temporary Since") The City and the CRA shall each have the option to terminate this Paragraph 6 upon written notice to the non4erminating party, ix later than ninety (90) days prior to the effective date of such termination. Notwitheanding any ether provision to the contrary, the City shall: (a) be responsible for all necessary utilities for the Temporary Space (b) use tie Temporary Space for any lawful municipal business and for no other purpose whatsoever, and (c) not be required to pay any consideration to the CRA forthe exclusivity gamed by this Paragraph 6. 7. If at any titre the CRA shall transfer its into est in the Property, as granted try this Deed, in whole, to any Person, then in such event, the proceeds of such transfer shall be divided, with the City receiving a share equal to sixty (6fP/o) percent thereof and the CRA receiving a shoe equal to farty(40%) percent thereof. Less and except those Dacu,nented Expanses. Far purposes of this Paragraph 7, "Documented Expenses" shall mean those costs incurred by the CRA for direct iniproverr ants (excluding administrative costs, fees, utilities, or any other "soft con") b the Property, duly authorized by a resolution of the Beard of Commissioners oldie Southeast Ove townfPark West Community Redevelopment Agency. The City tbmmissbn shall approve any transfer the CRA desires to make. Upon such uarusfcr, the CRA shill receive no less than fair market value for its interest in the Property 8. The City may review, but not approve, any agreement or other increment granting to any Person an interest yright of occupancy or possession of, the Property. TheCRA shall provide to theCity apes of all such agreements 9. If at any time the Property shall be Dormant, then in such event the Commission of the City of Miami, Florida at its option may pass and adopt a resolution declaring that the title and all the rights and interest of the CRA in the Property revert to the City. For purposes of this Paragraph 9, "Domsant" shall mean the absence of any agreement or other instrument granting to any Person an interest in, or any right of occupancy or possession of, a substantial part &the Property, for a period offive (5)yearsafterCity conveyaneoft heProperty tothe CRA In the event the Property shall beconveyed pursuant to Paragraph 7, then in such event, the provisions of this Paragraph 9, and the benefits derived therefrom, shall immediately cease upon such conveyance 10. Except as may be oherwise provided herein, the resulcoons, conditions and covenants set forth in Paragraphs 1 through 9 of this Deed shall be deemed covenants running with the land and shall he binding to the fullest extent permitted by law and equity, and enforceable by, fur the benefit and in favor of, the City. The City shall have the right to exercise all the rights and remedies; and to maintain any and all actions or snits at law or in equity, as it deems appropriate to enforce the foregoing restrictions, conditionsandcovvnrants, or to cure any breach thereof. I1. In the event the CRA violates or otherwise fails to comply with any of the restrictions, conditions and covenants set forth in this Deed, the CRA shall correct or cue such defauh/violation within thirty (30) days of notification of the default by the City ("Cure Period"). lithe CRA fails to remedy such default within the One Period, the City shall have the right to reenter and take possession of the Property or any portion of the Property. In the event of any default, failure or violation of any such condition which is not cured within the Cure Period, the Commission of the City of Miami, Florida at its option may pass and adopt a resolution declaring that the title and all the rights and interest of the CRA in the Property revers to the City. The C RA shal I have no recourse against the City's exercise of th is option. 12. The City grants the Property to the CRA so long as the CRA is in existenceand so long as there is a legally - and validly -organized successor entity. If the CRA is abetished or ceases to exist and there is no legally- and validly -agonized Page2of3 Ovarovvo Shrr,rpissC«saQuitdaimDcal Public Fxilicex> Asses tvtanrgenrnt > Real Edw..> Orc town Shopping Cedar (1490 3V.W. 3rd Avenue) Baok28222/Page4316 CFN#20120560999 Page 2 of 10 successor which stall have assumed all of the obligations of the CRA, their the Pry shall a -successors and assigns. v en tel the City, its 13. It is stipulated and agreed that tin terms of this Deed constitute a reasonable restraint an alienation of use control and possession of or title to the Property given the interests of the Cey and the promises made by the CRA, as stated herein 14. This Deed was approved by the Commission of the City of Miami, Florida. by Resolution No. R-12-0113, passed and adopted on the 22nd day of March, 2012, a copy ofwhich is attached as Exhibit "H" berao and made a part hereof. IN W ITN ESS WHEREOF. the City bas ©rued this Dted to be executed the day and year first above written. ATTFST: CITY OF MIAMI, FLORIDA. a municipal corporation of the state of Florida ("gm.") By: APPROVED AS TO LEGAL FORM AND CORRECTNESS: • STATE OF FLORIDA COUNry OF MTAMI-DADE )SS: ) The foreps• g Deed was adcnowledgd before rre this /6 day of 2012 by Johnny Mariner, P.E. as Cltv Mana er of the CITY OF MIAMI. FLORIDA a municipal corporal' bird late of Florida, wbo is personally known to mere who bas produced as identification arrd who did/did not take an oath (SEAL) My Commission Expires: Signature: Print Name: Page 3 of 3 Ovenown Plopping Codas Quitclaim Deed Putslic Feciiitica> Asset.Ma ngoncnt> Rent Earle Ovedown Shopping Cimter (1490 N.W. 3rd Avenue) Book28222/Paae4317 CFN#20120560999 Page 3 of 10 gXHIBIT"A" The Property Tract 9 of TOWNPARK SUBDIVISION 4, U.R. PROJECT FLA. R 10, according the plat thereof, as recorded in Plat Book 87, at page 52 of the Public Records of Dade County, Florida; AND A portion of Tract 10 of TOWNPARK SUBDIVISION 4, U.R. PROJECT FLA. R-I0, acoordingto the plat tlereol; as recorded in Plat Book 87,a1 page 52 of the Pubftc Records of Dade County, Fkrida, being particulady described as follows: Begin at the Southeast comer of said Tract 10; thence South 87'49 71" West along the South line of said Tract 10 for 170.98 feet; thence North03'21'00" West for70.02feet; thence North 87'49'22" East for50.98 feet; thence North 03°21'00" West for 125.60 foal; thence North 87'43'20" East tor 120.00 feet to a point on tit East lie of the aforesaid Tract 10; thence South 03.2I'00" East along the West right-of-way line of N.W. 3rd Avenue, ile same being the East Tine ofTract 10 for 195.83 feet to t1K Point of Beginning. EahititAJPage1 aft Ovenovu Shopping Cane Quietaim Oacd Public Fxitiaca> AssotManagement > R©1 Fate> Ovestown s,appiag Caner (1492 N.W. 3rd Avenue) Book28222/Page4318 CFN#20120560999 Page 4 of 10 n-ram.. .«rstr_sa .n.a..rsea�nm.ru..s Ka.f�vm � �1 atligHAV (THE 'AVM 06$1 p `��t"Eea'•i 1..€: " nets' "ski Tr f Book28222JPage4319 CFN#20120560999 Page 5 of 10 EXHIBIT "H" Gty Resotution Ovctosrn Shopping Cmier Qidxiaim Deed %M Feeflak9> Asset INem emcrt> Rol Fmtc>OvMawnShaming Cerra(1490N.W.3rdArcaoe) Book28222/Page4320 CFN#20120560999 Page 6 of 10 City of Miami Certified Copy City Hall 3500 Pan American Dfv© Matta, FL33133 wwwm9arnigoecom File Number: 12.80224 Enactment Number. R42-0114 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTEA QUITCLAIM DEED, IN SUBSTANTIALLY THE FORM OF EXHIBIT 'A,' ATTACHED HERETO AND MADE A PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND RECORDATION OFA COVENANT OF USE IN FAVOR OF THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUBSTANTIALLY THE FORM OF EXHIBIT "B," ATTACHED HERETO AND MADE APART HEREOF. WHEREAS, the City of Miami, Florida ("City') owns that certain property, and the improvements thereon, located at 1490 Northwest Third Avenue, Miami, Florida ("Property'); and WHEREAS, on September 26, 1980, the City received a grant, in the amount of One Million Five Hundred Eighty Thousand Four Hundred and No/100 Dollars ($1,580,400.00), from the United States Department of Commerce Economic Development Administration ("EDA"), for the construction of a shopping center within the Overtown section of the City ("Federal Grant"); and WHEREAS, pursuant to the Federal Grant, the City and the Overtown Economic Development Corporation, a not -for -profit corporation organized under the laws of the State of Florida on March 19, 1980 and involuntarily dissolved on November 4, 1988 ('OEDC"), executed a memorandum of agreement to memorialize their respective responsibilities and interests under the Federal Grant ("Grant Memorandum'); and WHEREAS, to further the intent of the Federal Grant, the City, the EDA and the OEDC entered Into that certain property management agreement dated June 21, 1983, which govems any conveyance of the Property, including any such conveyance as contemplated herein ("Management Agreement" and, together with the Federal Grant and Grant Memorandum, the "Grant Documents"); and WHEREAS, the original term of the Grant Documents is for a period of forty (40) years, which term is not expected to expire earlier than the Year 2020, unless sooner terminated as contemplated herein; and WHEREAS, the City desires to convey the Property to the Southeast Overtown/Park West Community Redevelopment Agency (°CRA°) for its rehabilitation; and WHEREAS, to further such conveyance, the City will be required to execute and record in the public records a covenant of use in favor of the EDA, in exchange for the EDA's release of any interest in the Property granted to the EDA by the Grant Documents; and CrryofMatti Page 1 of3 R-1241I10 Book28222/Page4321 CFN#20120560999 Page 7 of 10 Fife Nambtr. 12-00224 EnactmentNumber: R•12-0114 WHEREAS, the CRA is responsible for carrying out redevelopment activities, projects and goals within its redevelopment area pursuant to Its approved redevelopment plan; and WHEREAS, Section 4, at pages 62 to 65, of the Redevelopment Plan, Identifies as a project area that certain portion of the redevelopment area bounded by Northwest 22nd Street to the north, Interstate 395 to the south, Northwest First Place to the east, and Northwest Fourth Avenue to the west, Miami, Florida ("Focus Area`); and WHEREAS, the Property, Located within the Focus Area, is currently in a depressed condition, which condition has a blighting effect on its surrounding area; and WHEREAS, the instant transaction is authorized by Section 29-B of the Charter of the City of Miami, Florida ('Charter") as a "[conveyance] of property to implement projects authorized under the [Community Redevelopment Act of 19691;° and WHEREAS, pursuant to Section 29-B of the Charter, the Miami City Commission wishes to authorize the City Manager to execute (1) a quitclaim deed conveying the Property to the CRA, and (2) a covenant of use in favor of the EDA in exchange for the EDA's release of any interest in the Property; 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 if fully set forth in this Section. Section 2. The City Manager is authorized{1} to emscute a quitclaim deed, in substantially the form of Exhibit 'A," attached hereto and made a part hereof, conveying at no cost to the CRA, the City -owned Property also known as the Overtown Shopping Center. Section 3. The City Manager is authorized{1} ta execute and record in the Public Records of Miami -Dade County, Florida, a covenant of use in favor of the EDA, in substantially the form of Exhibit °B," attached hereto and made a part hereof, in exchange for the EDA's release of its interests, in the Property, under its grant to the City. Section 4. As conditions precedent to the foregoing, the CRA shall: (a) perform, or cause to be performed, a survey of the Property, in a form satisfactory to the Cay Manager; and (b) agree to cover all costs supplemental and necessary toward the transfer of the Property, which costs shall include without limitation, document recording fees. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Date: MARCH 22, 2012 Mover: COMMISSIONER SPENCE•JONES Seconder: COMMISSIONER CAROLLO Vote: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND SPENCE-.ONES ABSENT: 1-COMMISSIONER(S) SARNOFF Action: ADOPTED WiTH MODIFICATIONS Ciy ofMlaml Page 2 of 1 Rd2-0114 Book28222/Page4322 CFN#20120560999 Page 8 of 10 File Number. 12.00224 Enactment Number. R 12-0114 Date: MARCH 29.2012 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-12-0114, with attachments, passed by the City Commission on 3/22/2012. June 07, 2412 P. A. Thompson, Date Certified The herein authorization is further subject to compliance with all requirements that may be imposed by the CityAttorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. CiryofMiami Page 3 qr3 R•120114 Book28222/Page4323 CFN#20120560999 Page 9 of 10 OR 8K 28222 P6 LAST PAGE City of Miami Master Report Enactment Number: R-12-0114 t;dy Hal 3530 Pm) American Drive Miame„ Ft 33133 www.miamig v.com File Number: 12-00224 Version: 2 File Name: Execute Quit Claim Deed - Ovcrtown Shopping Ctr. Requester: Department of Public Facilities Cost: File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk Introduced: 2/16/2012 Final Action: 3/22/2012 Tide: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH A7TACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED, IN SUBSTANTIALLY THE FORM OF EXHIBIT "A,' ATTACHED HERETO AND MADE A PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIA.tiII, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVER'POWN SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND RECORDATION OF ACOVENANT OF USE IN FAVOR OF WE UNITED STATES DEPAItTMENTNT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUBSTANTIALLY THE FORM OF EXHIBIT'B; ATTACHED HERETO AND MADE A PART HEREOF. Sponsors: Notes: Indexes: Attachments: 12-00224 Summary Formpdf,12.00224 Notice to the PubGcpdf 12-00224 Federal Grantpdf,l2-00224 Grant Mcmorandum.pdf,12-00224 Release of Propertylntcrestpdf,12-00224 Lcgislation.pdf,12-00224 Exhibit 1 SUB.pdt; History of LegislativeFlle Version: Acting Body: Deno: Act orc Sm1To: Duo Cede: Return Dec Result O0iceof the City Attorney City Comm"sskm Oty Commission 2 Office of the City Attorney Acton Nola: Office of the Mayor 011iceof the City Clerk 3/21/2012 Reviewed and Approved 3/22/2012 ADOPTED WITH MODIFICATIONS 3/22/2012 ADOPTED WITH MODIFICATIONS 3/2W2012 Reviewed and Approved MODIFICATIONS MADE TO EXHIBIT 3/29/2012 Signed by the Mayor Mee of the Oty Cock 3/29/2012 Signed and Attested by City Clerk Pass City ojMT vl Page 1 Printed on sI712412 Book28222/Page4324 CFN#20120560999 Page 10 of 10 Exhibit C Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-24-0006 File Number: 15445 Final Action Date:1/25/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S) AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU') (EXHIBIT "A"), IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, WITH THE CITY OF MIAMI ("CITY"), FOR THE USE OF APPROXIMATELY TWO THOUSAND TWO HUNDRED EIGHTY-SIX (2,286) CONTIGUOUS SQUARE FEET OF CRA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER, FOR THE EXCLUSIVE USE OF THE CITY TO OPERATE A CODE COMPLIANCE OFFICE, COMMENCING FROM THE EFFECTIVE DATE, AT NO COST TO THE CITY PURSUANT TO THE TERMS OF THE QUITCLAIM DEED RECORDED AT BOOK 28772, PAGE 4315-4324 OF THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH ADDITIONAL TERMS AND CONDITIONS TO BE MORE PARTICULARLY SET FORTH IN SAID MOU; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pursuant to City of Miami Resolution No. R-12-0114, adopted on March 22, 2012 the City of Miami ("City') conveyed the Southeast Overtown.Park West Community Redevelopment Agency CSEOPW CRA") the property located at 1490 Northwest Third Avenue, Miami, Florida, also known as the Oveitown Shopping Center ("Property"); and WHEREAS, in the furtherance of said conveyance to the SEOPW CRA, the City executed and record a quitclaim deed at Book 28222, Page 4315-4324 of the official records of Miami -Dade County, conveying at no cost to the SEOPW CRA, the Property, so long as the City reserved certain portions (reserved and temporary space) on the Property for exclusive use of the City; and WHEREAS, the City now wishes to re-enter and use approximately 2,286 contiguous square feet of the Property to operate a Code Compliance Office at no cost to the City; and WHEREAS, upon receiving possession of the Property, the City shall be responsible for all necessary utilities, and all repairs and maintenance to the interior of the space; and WHEREAS, the Board of Commissioners of the SEOPW CRA and the City desire to enter into a Memorandum of Understanding ("MOU") (Exhibit' AZ memorializing the City's use of the Property, NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOW'NIPARK WEST COMMUNITY REDEVELOPMENT AGENCY 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. City of Miami Page 1 of 2 File 10: 15445 (Revision: A) Printed On: 1/761?024 File ID: 15445 Enactment Number. CRA-R•24-0006 Section 2. The Executive Director is authorized[ to negotiate and execute a MOU, in a form acceptable .to. the General Counsel, with the City for the City's exclusive use of approximately 2,286 contiguous' square feet of the Property to operate a Code Compliance Office, at no cost to the City pursuant to the terms of the Quitclaim deed recorded at Book 28222, Page 4315-4324 of the official records of Miami -Dade County, with additional ternis and conditions to be more particularly set forth in said MOU, Exhibit "A". Section 3. Sections of this Resolution may be renumbered or re -lettered, and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by tiling a corrected copy of the same with the City of Miami City Clerk_ Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY_ '-t.� .resell; Staff Counsel 1/18/2024 1 The herein antborizatioa is further subject to complianwP with all legal requires ents that may be unposed, including but not limuted to those presciibed by applicable City Charter and City Code pmvisions, as adopted by the SEOPW CRA. City of Miami Page 2 of 2 - File 1D: 1544E (Revision: A) Printed oa- tP2 /2024 Exhibit D City of Miami Resolution R-24-0053 Legislation City Hall 3500 Pan Amencan Drive Menu, FL 33133 www mianrgov corn File Number: 15465 Final Action Date: 2/8/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S). AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WITH THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (`CRA'). FOR THE USE OF APPROXIMATELY TWO THOUSAND TWO HUNDRED EIGHTY-SIX (2.286) CONTIGUOUS SQUARE FEET OF CRA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER, FOR THE EXCLUSIVE USE OF THE CITY OF MIAMI ("CITY") TO OPERATE A CODE COMPLIANCE OFFICE, COMMENCING FROM THE EFFECTIVE DATE, AT NO COST TO THE CITY PURSUANT TO THE TERMS OF THE QUITCLAIM DEED RECORDED AT BOOK 28222. PAGE 4315-4324 OF THE OFFICIAL RECORDS OF MIAMI- DADE COUNTY. FLORIDA. WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID MOU: AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to City of Miami Resolution No. R•12.0114, adopted on March 22, 2012 the City of Miami ('City') conveyed the Southeast Overtown//Park West Community Redevelopment Agency ("CRA") the property located at 1490 Northwest Third Avenue, Miami, Florida ("Property) and WHEREAS, in the furtherance of said conveyance to the CRA, the City executed and record a quitclaim deed. attached and incorporated herein as Exhibit 'A" and recorded at Book 28222 Page 43154324 of the official records of Miami -Dade County, which conveys at no cost to the CRA. the Property also known as a the Overtown Shopping Center, so long as the City reserved certain portions (reserved and temporary space) on the Property for exclusive use of the Ulty: and WHEREAS. the City now wishes to re-enter and use approximately 2,286 contiguous square feet of the Property to operate a Code Compliance Office, commencing from the effective date, at no cost to the City: and WHEREAS, upon receiving possession of the Property, the Cty shall be responsible for all necessary utilities, and all repairs and maintenance to the interior of the space. and WHEREAS, on January 25, 2024, pursuant to Resolution No CRA-R-24-0006 the Board of Commissioners of the CRA authorized the Executive Director to negotiation and execute a Memorandum of Understanding CMOU") with the City for the use of the Property: and WHEREAS, the City and the CRA desire to enter into said MOU memorializing an agreement between the parties for the City's use of the Property City or ,M+amr Page 1 or 2 aide ID: 16466 0Rovrsion: Al Fnnie4 On: 2=2 File ID: 15465 Enactment Number. R•24-0053 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 autthorized1 to negotiate and execute a MOU, in a form acceptable to the City Attomey, with the CRA, for the use of approximately 2,286 contiguous square feet of the Property, for the exclusive use of the City to operate a Code Compliance Office, at no cost to the City pursuant to the terms of the Quitclaim deed. attached and incorporated herein as Exhibit "A" and recorded at Book 28222, Page 4315-4324 of the official records of Miami -Dade County, with additional terms and conditions as more particularly set forth in said MOU. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: t The heroin authorization is further subject to compliance with all legal requirements that may be imposed, including but notlimited to those prescribed by applicable City Charter and City Code provisions, as adopted by the SEOPW CRA, City or Miami Page 2 or 2 Filo ID: 15465 (Revision: A) Pnnrad on: ?I20 w is