Loading...
HomeMy WebLinkAboutSubmittal-Daniel Rotenberg Director of DREAM-Legislation ModificationFile Number: 15-01348 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"), FDG RAIL HOLDINGS 25 Submitted into the public LLC ("FDG-) AND ALL ABOARD FLORIDA—OPERATIONS LLC AND OR ITS record for items) AFFILIATES (COLLECTIVELY. "AAF"), FOR A LAND EXCHANGE OF TWO CITY- on City Clerk OWNED PROPERTIES, ONE OF WHICH CONTAINS APPROXIMATELY 0 18 ACRES, LOCATED AT 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A " ATTACHED I N C Cr -- =TO .1 -ADL;-. ; ('CITY PROPERTY SOUTH"), AND THE OTHER OF WHICH CONTAINS APPROXIMATELY 0.32 ACRES, IDENTIFIED AS FOLIO NUMBER 01-3136-000-0090 AND LEGALLY DESCRIBED IN EXHIBIT "B " ATTACHED A N D I_N_C C R P Q R AT E D KERET .AN -D MADE -A -PART- ("TRACTS F&G"), IN EXCHANGE FOR THAT CERTAIN FDG -OWNED PROPERTY, CONTAINING APPROXIMATELY 0-50 ACRE=S, LOCATED AT 435 NORTHWEST 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C, " ATTACHED A„ AND MADE APART HEL ("FDG PROPERTY"); PROVIDING THAT AAF SHALL FURTHER PAY THE CITY FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) AS A PUBLIC BENEFITS CONTRIBUTION FOR THE ESTABLISHMENT OF A NEIN 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 SUBSURFACE AND AIR RIGHTS AS DESCRIBED IN EXHIBIT "D " ATTACHED A N D I N C 4 R P 0 R A T_E D HER-ET4- 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,WTTHAAFAND/OR FDG COVERING THE COSTS ASSOCIATED WITH THIS TRANSACTION, INCLUDING SURVEY, TITLE INSURANCEAND CLOSING COSTS,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 n c u i crate [J K r al i a�a :Fauu #s rat t r�rt�� uy bt+ i is €ai ere+ ("City Property South"); and WHEREAS, the City is the owner in fee simple title to that certain real property identified as Folio number 01-3136-000-0090, and legally described in Exhibit "B " attached incur_por a ie 01 he to-anda pa4wwwtvl ("Tracts F&G"); and WHEREAS, the City will exchange Tracts F&G, subject to a reservation of air rights above 100 feet ("City Property North "), and the City Property South- (together the "City Property"); and WHEREAS, FDG Rail Holdings 25 LLC, a Delaware limited liability company ("FDG"), is the owner in fee simple title to that certain real property located at 435 Northwest 1st Court, Miami, Florida, legally described in Exhibit "B," attached and incorporated-her-aiq bye-sp�vG4efa("FDG 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 subsurface and air rights up to one hundred (100) feet as described in Exhibit "D. attached ; and City of Miami Page 2 of 3 File 1d: 15-01348 (Version: 1) Printed On: 10/13/2015 Submitted into the public record for ilem(s) File Number: 15-01348 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 or similar public project; and WHEREAS, the City AAF, and FDG shall work together, at the sole coast and expense of AAF and FDG to conceptually design_ -once with the City Code the roadway_ near Northwest 1 st Avenue between Northwest 1 st Street and Northwest 2nd Street, Miami, Florida, ("New Roadway"), substantially in accordance with Exhibit "E " attached i- crit and ij,-- i rli+...u.iiia.�� c' t-r,i•vrc'.•; roti - a,,: r 4—-;! c': i, ; and - const ©"�,: �aadway4n-asc€rr4anc-L-with gi"ity--Cede; and WHEREAS, before the exchange is effectuated the City, 5nd AAF and FDG 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 and WHEREAS, before the exchange is effectuated the City and FDG shall file and process the rezoning (and any land use change) needed to allow for a portion of the FDG Property to be used as park space; and 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. Section 15- i r 9 of the City ;ode provides that conipeutive bidding requirements Play be waived upon the City Manager's finding. attached and incorporated hereto. "that such methods would be fut[le for the reason that only one possible bidder could be chosen," so long as the procedural requirements of Section 18-182 are satisfied. and WHEREAS. Section 18-182{c1 of the Citv Code provides in relevant hart that "the city commission may declare an exemption from the requirements contained therein, and declare them inapplicable by resolution provided that the City Manager has made a written finding that it is in the best interest of the Citv, which findings must be ratified by an affirmative vote of 213 of the commission after a nrooeriv 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 City Property will be conveyed " .' and "11VHFRF 19whare i€ " 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. City of Miami Page 3 of 3 File Id. I5-01348 (Version: I) Primed On: 10/13/2015 Submitted into the public record for items) 'PH File Number: 15-01348 i i r U 'I 'Z' I City C icrk Section 2. The City Manager is hereby authorized to execute the Agreement, with the conditions as described herein between the City, FDG and AAF for a land exchange of two City - owned properties, one of which contains approximately 0.18 acres, located at 104 Northwest 1st avenue, Miami, Florida, as more particularly described on Exhibit "A" attached a r d ._s;�_, ("City Property South"), and the other of which contains approximately 0.32 acres, identified as folio number 01-3136-000-0090 and legally described in Exhibit "B "- attached ii 3 f r +! ('Tracts F&G" ), in exchange for that certain FDG -owned property, containing approximately 0.50 acres, located at 435 Northwest 1st Court, Miami, Florida, as more particularly described on Exhibit "C ", attached ("FDG 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 City of Miami Page 4 of 3 File Id: 15-01348 (Version: 1) Printed On: 1011312015 File Number. 15-01348 Submitted into the public record for items) P IL_ on 16-11 I e_. City Clerk certain crossing rights to allow AAF to use that certain portion of Northwest 8th Street, Miami, Florida, including subsurface and air rights as described in Exhibit "D," attached 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) APPROVED AS TO FORM AND CORRECTNESS: VICTORIA M�NDEZ 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 of Miami Page 5 of File Id: 15-01.148 (Version: 1) Printed On: 1011312015