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Home My WebLink AboutLegislation19 OP ""` �s FYI Cit Of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 15-01348 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT ("AGREEMENT"), WITH TERMS AS DESCRIBED HEREIN BETWEEN THE CITY OF MIAMI ("CITY") AND AAF MIAMI TOD HOLDINGS LLC ("AAF"), FOR A LAND EXCHANGE OF TWO CITY -OWNED PROPERTIES, ONE OF WHICH CONTAINS APPROXIMATELY 0.30 ACRES, LOCATED AT 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF ("CITY PROPERTY"), AND THE OTHER OF WHICH CONTAINS APPROXIMATELY 0.32 ACRES, IDENTIFIED AS FOLIO NUMBER 01-3136000-0090 <tel:01-3136-000-0090> AND LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF ("TRACTS F&G"), IN EXCHANGE FOR THAT CERTAIN AAF -OWNED PROPERTY, CONTAINING APPROXIMATELY 0.50 ACRES, LOCATED AT 435 NORTHWEST 1 ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C'" ATTACHED HERETO AND MADE A PART HEREOF ("AAF PROPERTY"); PROVIDING THAT AAF SHALL FURTHER PAY THE CITY FIVE HUNDRED THOUSAND DOLLARS ($500,000,00) ASA PUBLIC BENEFITS CONTRIBUTION FOR THE ESTABLISHMENT OF A NEW CITY FIRE STATION IN THE NEARBY AREAAND SHALL BE GRANTED CERTAIN CROSSING RIGHTS TO ALLOW AAF TO USE THAT CERTAIN PORTION OF NORTHWEST 8TH STREET INCLUDING AIR RIGHTS AS DESCRIBED IN EXHIBIT "D", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SUCH LAND EXCHANGE TRANSACTION IN ACCORDANCE WITH TERMS AND CONDITIONS PRECEDENT AS DESCRIBED HEREIN, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") is the owner in fee simple title to that certain real property located at 104 Northwest 1 st Avenue, Miami, Florida, legally described in Exhibit "A", attached hereto and incorporated herein by specific reference ("City Property"); and WHEREAS, the City is the owner in fee simple title to that certain real property identified as Folio number 01-3136-000-0090, including air rights up to one hundred (100) feet, and legally described in Exhibit "B", attached hereto and made a part hereof ("Tracts F&G"); and WHEREAS, AAF Miami TOD Holdings LLC ("AAF"), is the owner in fee simple title to that certain real property located at 435 Northwest 1 st Court, Miami, Florida, legally described in Exhibit "B", attached hereto and incorporated herein by specific reference ("AAF Property"); and WHEREAS, AAF shall be granted certain crossing rights to allow AAF to use that certain portion of Northwest 8th Street, Miami, Florida, including air rights up to one hundred (100) feet as described in City of Miami Page I of3 TileIth 15-01348 (Version: 1) Printed On: 1011312015 Pile Number.' 15-01348 Exhibit "D", attached hereto and made a part hereof; and WHEREAS, AAF shall voluntarily pay the City an amount equal to five hundred thousand dollars ($500,000.00) toward a fire station as a public benefit; and WHEREAS, the City and AAF shall work together to conceptually design Northwest 1 st Avenue between Northwest 1st Street and Northwest 2nd Street, Miami, Florida, ("New Roadway"), substantially in accordance with Exhibit "E", attached hereto and made a part hereof; and WHEREAS, before the exchange is effectuated the City and AAF shall file and process the application required in order to replat ("Plat Process") the City Property and Tract A, as recorded in Plat Book 170, Page 41, which would include the vacation as depicted on Exhibit "F", attached hereto and made a part hereof; and WHEREAS, before the exchange is effectuated the City and AAF shall file and process the rezoning (and any land use change) needed to allow for the AAF Property to be used as park space; WHEREAS, Section 29-B of the City of Miami Charter provides an exception from the competitive bidding requirements for disposition of non -waterfront City -owned property when conveying to an adjacent property owner when the subject property is non -waterfront property and is non -buildable; and WHEREAS, the City Property and Tracts F&G are non -buildable and non -waterfront properties, and their conveyance would assist in providing for the assemblage of land by AAF for a project of government in which the City and City agencies have invested millions of dollars; and WHEREAS, these transactions are exchanges of real property between the parties to effectuate a project of government involving major transportation components with South Florida Regional Transportation Authority; and WHEREAS, the Property will be conveyed "as is" and "where is" and the City will not warrant the sufficiency of its title nor any interest it may have in the property conveyed; 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 hereby adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby authorized (1) to execute an Agreement, with the conditions as described herein between the City and AAF for a land exchange of two City -owned properties, one of which contains approximately 0.30 acres, located at 104 Northwest 1st avenue, Miami, Florida, as more particularly described on Exhibit "A", attached hereto and made a part hereof ("City Property"), and the other of which contains approximately 0.32 acres, identified as folio number 01-3136-0000090 and legally described in Exhibit "B", attached hereto and made a part hereof ("Tracts F&G"), in exchange for that certain AAF -owned property, containing approximately 0.50 acres, located at 435 Northwest 1 st Court, Miami, Florida, as more particularly described on Exhibit "C", attached hereto and made a part hereof ("AAF property"); providing that AAF shall further voluntarily pay the City five hundred thousand dollars ($500,000.00) as a public benefits contribution for the establishment of a much needed new city fire station in the nearby area and shall be granted certain City ofMiami Page 2 of 3 File Id: 15-01348 (Version: 1) Printed On: 10/13/2015 File Number: 15401348 crossing rights to allow AAF to use that certain portion of Northwest 8th Street, Miami, Florida, including air rights as described in Exhibit T", attached hereto and made a part hereof. Section 3. The City Manager is further authorized{1} to negotiate the Agreement and such other documents as may be necessary, in a form acceptable to the City Attorney, to effectuate such land exchange transaction in accordance with terms and conditions precedent as described, with terms and conditions more particularly described in said Agreement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} ,AIbPROVE AS TO FO AND RREC SS: I 1 VICTORIA MENDEZ CITY ATTORNEY Footnotes: {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 Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City ofMiand Page 3 of 3 File Id: 15-01348 (Version: 1) Printed On: 10/13/2015