HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR
STREET CLOSURE
File ID# 16-00666sc
REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing,
vacating, abandoning, and discontinuing for public use a portion of a public street.
PROJECT ADDRESS: A portion of NW 1St Avenue, between NW 1St Street and NW 211 Street,
approximately .23 acres (10,018 square feet) in area.
APPLICANT: DT Miami A LLC, DT Miami B LLC and the City of Miami (as co -applicant)
COMMISSION DISTRICT: District 2 FOLIO#: not applicable
ZONING DESIGNATION: T6-80-0 & CS NET OFFICE: Downtown
COUNTY DESIGNATION: Rapid Transit Zone (RTZ) Overlay
GENERAL INFORMATION:
REQUEST: Pursuant to Section 55-15(c), of the City Code of Ordinances, the applicant requests the
vacation, closure, and discontinuing the use of a public street.
BACKGROUND:
The applicant (DT Miami LLC and DT Miami B LLC) own properties located at approximately 195 NW 2nd
Street and 200 NW 1st Avenue, respectively. Previously, the applicant (DT Miami LLC and DT Miami B
LLC) applied for and received approval from the City of Miami, Plat and Street Committee of a Tentative
Plat located on the west side of NW 1 st Avenue, between NW 1 st Street and NW 3rd Street (Tentative Plat
#1876) to create a unified transit development project.
The current request is to close and vacate a portion of NW 1St Avenue, (between NW 1st Street and NW
2nd Street) with approximately 10,018 square feet. The reason for the request is to further unify a
development site for the redevelopment of Flagler Gran Central Station (part of the All Aboard Florida
transit facilities). Currently, NW 1st Avenue is a two-lane thoroughfare that flows in north and south
direction within the proposed Flagier Gran Central Station site.
The City of Miami is a co -applicant on this application as there is a "Real Estate Purchase and Exchange
Agreement" between the applicant (DT Miami A LLC and DT Miami B LLC) and the City. Specifically, this
land exchange will be for one parcel (located at approximately 104 NW 1st Avenue) which abuts the
proposed street closure ceded to the applicant and the City receiving property owned by the applicant in
another location within the City. The City's conveyance of this property as part of a land exchange assists
in providing assemblage of land to integrate the adjoining Flagler Gran Central Station Tracts.
The land exchange agreement between the property owner and the City of Miami is contingent upon the
approval of the proposed street closure. A copy of the legislation of the Miami City Commission,
authorizing the City Manager to execute the Agreement, is included herein as Exhibit B.
City of Miami
Planning and Zoning Department
Current zoning of NW 1" Avenue, proposed
Street Closure (outlined in red).
r
NW 1St Avenue (outlined in red).
As depicted below, a section of NW 15t Avenue (outlined in red) lies within the proposed Flagler Gran
Central Station development. The proposed closure of a section of NW 1st Avenue and addition of the
City -owned property to the approved Tract A (outlined in green) facilitates the All Aboard Florida Rapid
Transit development.
Aerial View. Proposed All Aboard Florida development area
#4 Property currently owned by Flagler East
Coast Railway (parent company of All
Aboard Florida) and part of a Land
Exchange Agreement.
#'s 1, 2, 3, All Aboard Florida development
areas
Tract A & Tract B approved by Tentative
PLAT# 1876. Flagler Gran Central Station
First Addition Part of the All Aboard Florida.
1 NW 1St Avenue, to connect with the proposed 1
new alignment and to extend until NW 1s' 1
Street. J
Section of NW 1St Avenue proposed for
Street Closure.
t....................
This public park is part of a Land Exchange
Agreement with Flagler East Coast Railway
(parent of All Aboard Florida).
Miami -Dade County Rapid Transit Zone
(RTZ) overlay.
File Id # 16-00666sc
2i Page
City of Miami
Planning and Zoning Department
R x
Existing
Nw 152
Avenue
Tract B
• Proposed New
Alignment, NW
*' 1Avenue
At
Aerial #2. Proposed Realignment with new configuration
The applicant proposes to annex the closed section of NW 15' Avenue into the approved Tract A (as
depicted above on Aerial #1), then reconnect it with the existing traffic on NW 1s' Avenue and realign it
with N. Miami Ct. (as depicted on Aerial #2). The existing City -owned park (part of the land exchange)
will be redeveloped to meet the proposed tract and road configurations.
The proposed closure of a section of NW 1 s' Avenue to vehicular traffic may provide an increase of active
pedestrian uses with the redevelopment of Flagler Gran Central Station. This street closure is considered
a key element of unifying the site for the All Aboard rapid transit facilities.
ANALYSIS:
The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of
Ordinances which states that in addition to technical requirements for vacation and closures, that the
Plat and Street Committee review four (4) public interest findings related to vacation and closures. The
Plat and Street Committee Findings for the street closure application are attached as Exhibit A, and
summarized below.
1. Public Interest Finding: Is it in the public interest, or would the general public benefit from the
vacation of the rights -of -ways or easements?
Plat and Street Committee Response: The tentative plat site is part of the new rapid transit facility
station (All Aboard Florida), which will combine mixed-use development within approximately nine
File Id # 16-00666sc
3 1 P a g e
City of Miami
Punning and Zoning Department
acres of land spanning from NW 15t Street to NW 8th Street, between NW 18t Avenue to the east and
Metrorail to the west. The closure of a section of NW 1st Avenue and the redevelopment as a
passageway will enhance the pedestrian access and circulation areas in and around the proposed
Station. The proposed redevelopment of the Flagler Gran Central Station site will benefit from the
enhanced public access and circulation provided by the new configuration connecting NW 1 It Avenue
and NW 111 Street.
2. Public Interest Finding: Is the general public no longer using the rights-of-way or easement,
including public service vehicles such as trash and garbage truck, police, fire or other emergency
vehicles?
Plat and Street Committee Response: The general public, police, fire -rescue, and service vehicles
are using NW 1St Avenue and sidewalks accommodate pedestrian circulation.
3. Public Interest Finding: Would there be no adverse effect on the ability to provide police, fire or
emergency services?
Plat and Street Committee Response: There would be no adverse effect on the ability to provide
fire, police or emergency services. The closure will provide a wider realigned street that allows access
for these services.
4. Public Interest Finding: Would the vacation and closure of the rights-of-way or easements have a
beneficial effect on pedestrian and vehicular circulation in the area?
Plat and Street Committee Response: In order to mitigate the impact of the closure, the applicant
proposes to connect and realign NW 1St Avenue (between NW 2nd Street and NW 1St Street) to N.
Miami Court by broadening its lanes and reducing pedestrian and vehicular conflict.
On April 23, 2016, The Plat and Street Committee members voted to recommend approval, 6 in favor
and 0 in denial, of this street closure request subject to the following conditions:
1. A Letter of Approval from the Miami -Dade County Transportation and Public Works Department,
Traffic Engineering Section is required.
2. Tentative Plat application must be made with Miami—Dade County after receiving approval from
the City of Miami, Plat and Street Committee.
3. An Opinion of Title as to the reversionary right of the right-of-way to be closed and vacated will
be required by the Planning, Zoning and Appeals Board. The Opinion of Title must also address
whether or not there are individuals, in addition to the abutting property owners, having an interest
in the right-of-way to be closed and vacated. A copy of the Opinion of Title must be provided to
the Public Works Department.
4. The Plat and Street Committee has reviewed the tentative plat of Flagler Gran Central Station
First Addition and determined that all technical requirements contained in the Miami City Code
Subdivision regulations have been met and has approved the tentative plat. The members of the
Plat and Street Committee have further considered the request for vacation and closure of the
street with respect to Miami City Code requirements and have voted to recommend 6 in favor and
0 in denial of this vacation and closure request subject to approval from the Miami -Dade County
Transportation and Public Works Department, Traffic Engineering Section.
File Id # 16-00666sc
4 1 P a g e
City of Miami
Planning and Zoning Department
CONCLUSION:
The proposed street closure is consistent with the goals, objectives, and policies of the Miami
Comprehensive Neighborhood Plan (MCNP). This closure will facilitate cohesive development, economic
growth, and revitalization, as the proposed development. Specifically, MCNP Policy LU -1.3.15 states that
the City will continue to encourage a development pattern that enhances existing neighborhoods by
developing a balanced mix of uses including areas for employment, shopping, housing, and recreation
in close proximity to each other.
The closure of NW 1 st Avenue (between NW 2nd Street and NW 1 st Street), as presented, is important
to the local traffic flow, as well as for the revitalization and enhancement of the areas surrounded by
Flagler Gran Central Station Transit facilities. This street closure will result in a positive impact for the
City of Miami in general.
Based on the Plat and Street Committee findings, conditions of approval, and the staff analysis, the
Planning and Zoning Department recommends the Approval of the request subject to the following
conditions:
The applicant, owner or their successor shall meet applicable development standards identified
in the Miami 21 Code and all applicable local, county, state, and federal regulations.
2. The applicant shall provide an access plan for review and acceptance by the City's Fire -Rescue,
Police, Solid Waste Departments and the Capital Improvements Program/Office Transportation.
3. A building permit, including phased permits, will not be issued on the property being platted until
the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i).
4. A Certificate of Occupancy shall only be issued after all the required subdivision improvements
have been completed.
5. The new alignment of NW 1St Avenue section shall be designed pursuant to Public Works Gross -
section detail (Misc. 35-85-27).
6. The applicant or their successor shall comply with the conditions of approval stated for the Flagler
Gran Central Station First Addition Tentative Plat #1876, in a letter dated April 15, 2016 from the
Department of Public Works.
Christopher Brimo, AICP
Chief of Land Development
Luiz Vicentini
Planner I
June 1, 2016
Exhibit A- Plat and Street Comments letter for, Flagler Gran Central Station First Addition Amended Plat #1876, dated April 15, 2016
Exhibit 8- Real Estate Purchase and Exchange Agreement
File Id # 16-00666sc
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EXHIBIT A
"PLAT AND STREET COMMITTEE LETTER"
FLAGLER GRAN CENTRAL STATION FIRST ADDITION,
AMENDED PLAT #1876
April 15, 2016
DT Miami A LLC
ATTN: Kolleen Lobb
2855 Lejeune Road
Suite 400
Coral Gables, FL 33134
(16JEitp of Aliamt
DT Miami B LLC
ATTN: Kolleen Lobb
2855 Lejeune Road
Suite 400
Coral Gables, FL 33134
DANIEL J. ALFONSO
City Manager
City of Miami
ATTN: Daniel J. Alfonso
444 SW 2 Avenue
10th Floor
Miami, FL 33130
FLAGLER GRAN CENTRAL STATION FIRST ADDITION
TENATIVE PLAT #1876
LOCATED ON THE WEST SIDE OF NW 1 AVENUE, BETWEEN NW 1 STREET AND NW 3
STREET
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of April 7, 2016 approved the above tentative
plat subject to the following revisions being made to the tentative plat, additional information being
provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot
proceed until these conditions have been satisfied:
. In order to improve text clarity, draw the main sketch at a larger scale.
2. Provide 25 foot corner radius dedications on the northwest and southwest corners of the
intersection of NW I Avenue and NW 2 Street.
3. A portion of NW 3 Street across the former F.E.C. railroad is not dedicated right of way. Show this
portion of NW 3 Street as an easement over property now under the jurisdiction of Miami — Dade
County.
4. On the note describing the right of way to be closed and vacated by this plat, delete "adopted by
resolution..."
5. A letter of approval from the Miami — Dade County Transportation and Public Works Department,
Traffic Engineering Section is required.
6. Farther describe the development intent.
7. Provide certification of the tree table by an Arborist or Landscape Architect,
8. Add the portion of the City of Miami "Cl" zoning in the zoning information.
9. Highlight the zoning designations on the location sketch.
10. A letter from Comcast is required to determine if any adjustments to their facilities or easements
are required.
11. Verify with Miami -Dade County that the proposed plat name is acceptable.
12. All encroachments across proposed tract and/'or lot lines must be removed prior to final plat
submittal.
13. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of
final plat submittal.
14. Current backup documentation will be required for all who execute the final plat. A resolution for
authority to execute documents and a Certificate of Good Standing from the Secretary of State are
required, if applicable.
15. Tentative plat application must be made with Miami -Dade County after receiving approval from
the City of Miami Plat and Street Committee.
16. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is
the owner's responsibility to work with his surveyor and his attorney to assure that everything is in
order before submitting the final plat package.
FLAGLER GRAN CENTRAL STATION FIRST ADDITION --TENTATIVE PLAT #1876
April l5, 2016
Page 2 of 3
17. Be advised that if all requirements for scheduling the final plat for City Commission action are not
in order, the final plat will not be scheduled for a City Commission meeting.
18. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat
approval (see contact sheet). The tentative plat name and tentative plat number must be included on
the application form.
19. A letter from the Miami — Dade Water and Sewer Department is required to determine if any
adjustments to their facilities or easements are required.
20. Existing utilities located within the street to be closed and vacated must be relocated or easements
provided.
21. An Opinion of Title as to the reversionary right of the right-of-way to be closed and vacated will be
required by the Planning, Zoning and Appeals Board. The opinion of title must also address
whether or not there are individuals, in addition to the abutting property owners, having an interest
in the right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the
Public Works Department.
22. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square
footage, on an 8 %2" x I I" paper, for the proposed closure. Contact the office of the Hearing
Boards, at 305-416-2030. Provide a copy to the Public Works Department.
23. The Plat and Street Committee has reviewed the tentative plat of Flagler Gran Central Station First
Addition and determined that all technical requirements contained in the Miami City Code
Subdivision Regulations have been met and has approved the tentative plat. The members of the
Plat and Street Committee have further considered the request for vacation and closure of the street
with respect to Miami City Code requirements and have voted to recommend 6 in favor and 0 in
denial of this vacation and closure request subject to approval from the Miami — Dade County
Transportation and Public Works Department, Traffic Engineering Section.
In addition to the above requirements, you should be aware of the following:
I. State and local laws require the installation of various physical improvements in the public
rights-of-way when property is platted. These subdivision improvements include paving,
drainage, landscaping, sidewalks, etc. in some cases this could represent a substantial
investment on your part.
REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD
version, to the City of Miami Public Works Department, Roadway Plans Section will
EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement
letter required for the final plat approval.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric,
telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility
easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat is recorded
or as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of
Occupancy for any building construction will be issued only after all the required subdivision
improvements have been completed.
4. Approval for fine flow requirements must be obtained from the Fire -Rescue Department prior
to the issuance of a building permit.
5. In order to mitigate problems associated with access and construction activities throughout the
neighborhood, the contractor/developer is encouraged to notify the affected neighborhood
residents, in writing, of the project starting and completion dates at the time of issuance of
permits. The contractor/developer may coordinate the notification of residents with the local
City of Miami NET Service Center.
DEPARTMENT OF PUBLIC WORKS
444 SW 2� Avenue, 8« Floor / Miami, FL 33130 / (305) 416.1200 / Fax. (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
FLAGLER GRAN CENTRAL STATION FIRST ADDITION - TENTATIVE PLAT # 1876
April 15, 2016
Page 3 of 3
6. Additional items must be provided to the City of Miami Department of Public Works before
the final plat is submitted to the City Commission for approval. You will be notified in writing
as to what these items are after the amount of the bond has been determined for the necessary
subdivision improvements. It is required that the applicant contacts the City of Miami Public
Works Survey Section to verify that all final plat submittal documents are completerip •or to
final plat submittal.
7. Tentative plat approval is only valid for two (2) years from the date of the Plat and Street
Committee meeting at which time it was approved.
If you have any questions concerning these requirements, please refer to the attached sheet for the
appropr�e person to contact.
Si
(Ed) Santamaria, P.E., CGC
of Public Works
Enclosure: Contact Sheet
C: Ludovici & Orange Consulting Engineers
329 Palermo Avenue
Coral Gables, FL 33134
Plat and Street Committee Members
Nzeribe lhekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations
Survey
Development and Roadway Plans
Central
DEPARTMENT OF PUBLIC WORKS
444 SW 2nd Avenue, Bch Floor / Miami, FL 331301(305) 416-1200 / Fax. (305) 416-1278
Mailing Address: P.O. Sox 330708 Miami, FL 33233-0708
EXHIBIT B
"REAL ESTATE PURCHASE AND
EXCHANGE AGREEMENT"
A: REVISED RESOLUTION, TO BECOME EFFECTIVE
IMMEDIATELY UPON ITS ADOPTION AND
SIGNATURE OF THE MAYOR.
B: RESOLUTION FILE NUMBER 15-41348.
A: REVISED RESOLUTION, TO BECOME EFFECTIVE
IMMEDIATELY UPON ITS ADOPTION AND SIGNATURE
OF THE MAYOR.
(3 PAGES)
File ID: 15-01348
Enactment #: R-15-0474
Version: 3
City of Miami City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Text File Report
Type: Resolution Status: Passed
Enactment Date: 10/22/15
Introduced: 1018/15 Controlling Body: Office of the City
Clerk
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 LLC ("FDG") AND ALL ABOARD FLORIDA -
OPERATIONS LLC AND/OR ITS AFFILIATES (COLLECTIVELY, "AAF"), FOR A LAND
EXCHANGE OF TWO CITY -OWNED PROPERTIES, ONE OF WHICH CONTAINS
APPROXIMATELY 0. 18 ACRES, LOCATED AT 104 NORTHWEST 1 ST AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED AND
INCORPORATED ("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 AND INCORPORATED ("TRACTS F&G"),
IN EXCHANGE FOR THAT CERTAIN FDG -OWNED PROPERTY, CONTAINING
APPROXIMATELY 0.50 ACRES, LOCATED AT 435 NORTHWEST IST COURT, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C", ATTACHED AND
INCORPORATED ("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 NEW CITY FIRE STATION IN THE
NEARBY AREA AND 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 AND INCORPORATED;
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
AAF AND/OR FDG COVERING THE COSTS ASSOCIATED WITH THIS TRANSACTION,
INCLUDING SURVEY, TITLE INSURANCE AND 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
I st Avenue, Miami, Florida, legally described in Exhibit "A", attached and incorporated ("City Property South"); and
City of Miami Page I Printed on 6/2/2016
and legally described in Exhibit "B", attached and incorporated ("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 Iocated at 435 Northwest 1 st Court, Miami, Florida, legally described in Exhibit "B" attached and
incorporated ("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
incorporated; 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 or similar public project; and
WHEREAS, the City, AAF, and FDG shall work together, at the sole cost and expense of AAF and FDG, to conceptually
design and construct, in accordance with the City Code, the roadway near Northwest I st Avenue between Northwest 1 st
Street and Northwest 2nd Street, Miami, Florida ("New Roadway"), substantially in accordance with Exhibit "E", attached
and incorporated; and
WHEREAS, before the exchange is effectuated the City, 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 4I, which would include the
vacation as depicted on Exhibit "F", attached and incorporated; and
WHEREAS, before the exchange is effectuated the City and FDG shall rile 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 Charter of the City of Miami, Florida 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 18-179 of the Code of the City of Miami, Florida, as amended ("City Code") provides that competitive
bidding requirements may be waived upon the City Manager's finding, attached and incorporated hereto, "that such
methods would be futile 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(c) of the City Code provides in relevant part 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 City, which findings must be ratified by an affirmative vote of 213 of
the commission after aproperly advertised public hearing'; 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 City 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:
City of Miami Page 2 Printed on 6/212016
Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. €2}
City of Miami Page 3 Printed on 6/2/1016
B: RESOLUTION FILE NUMBER 15-01348 AND
ADDITIONAL DOCUMENTS.
(1 0 PAGES)
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Miami, FL 33133
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Resolution
He Number : 15-01348
Final Aetian 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 1STAVENUE, 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
01-3136-000-0090 <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 PAYTHE 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 ANIS
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 "S", 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 10f3 IYie Id: 15-01348 (Verstow 1) Printed On. 10113/2015
File 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 1st 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 ("Flat 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
01-3136-000-0090 and legally described in Exhibit "B", attached hereto and made a part hereof
("Tracts F&G"), in exchange for that certaln 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 of Mddltii Page 2 of 3 Pt1e 1d. 15-01348 (Version: 1) Printed ON: 10/13120.15
File Number 15-01348
crossing rights to allow AAF to use that certain portion of Northwest 8th Street, Miami, Florida,
including air rights as described in Exhibit "D", 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 terns 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}
PROVE AS TO FO AND RREC SS.
1
VICTORIA MINDEZ
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 (1 Q) 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 OfMinmi Page 3 of 3 Me 1d: 15-01348 (Irersion: 1) Printers On., 1011312015
J ile Numbcrc 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 1STAVENUE, 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
01-3136-000-0090 <tel:01-3136-000-0090> AND LEGALLY DESCRIBED IN EXHIBIT
"B" ATTACHED HERETO AND MADE A PART HEREOF ("TRACTS P&G"), IN
EXCHANGE FOR THAT CI=RTAIN 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) AS A 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 PRECEDENTAS 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 13", attached hereto and made a part hereof ("Tracts P&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 ofMiamt page! of3 1%tteIri: 15-01348 (Ferslor:: 1) Printed On: 1011512015
City of Miami
City Hall
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www.mlamfgov.com
Resolution
J ile Numbcrc 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 1STAVENUE, 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
01-3136-000-0090 <tel:01-3136-000-0090> AND LEGALLY DESCRIBED IN EXHIBIT
"B" ATTACHED HERETO AND MADE A PART HEREOF ("TRACTS P&G"), IN
EXCHANGE FOR THAT CI=RTAIN 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) AS A 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 PRECEDENTAS 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 13", attached hereto and made a part hereof ("Tracts P&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 ofMiamt page! of3 1%tteIri: 15-01348 (Ferslor:: 1) Printed On: 1011512015
File Number. 15-09348
Exhibit "ID ", 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 f 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
01-3136-000-0090 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 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
My ofMiand Page 2 of 3 File 1& 15-01348 (Version: 1) primed On: 10/13/2015
File Number: 15.01848
crossing rights to allow AAF to use that certain portion of Northwest 8th Street, Miami, Florida,
including air rights as described in Exhibit "la", 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}
PROVE AS TO FO AND RREC SS:
I
VICTORIA MENDEZ
CITYATTORNEY
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 3 of 3 .File id. 15-01348 (Aersion, IJ Prioled 0m; 10/13/2015
AGENDA ITEM SUMMARY FORM Law Department
Matter ID No,
FILE ID: 15 1 34 152418
QAr
Date: 10/09/2015 Requesting Department: Dept. of Real Estate & Asset Mnat,
Commission Meeting Date: 10/22/2015 District Impacted: 2
Type: 0 Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Resolution authorizing the City Manager to execute a Real Estate Purchase and Exchange
Agreement (the "Agreement"), y and between the City of Miami ("City") and FDG Rail Holdings 25
LLC, a Delaware Limited Liability Company ("FDG'), AAF Miami .TOD Holdings, LLC, and its
affiliates, (collectively "AAF").
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to
execute the Agreement, in substantially the attached form, by and between the City of Miami ("City")
and FDG Rail Holdings 25 LLC, a Delaware Limited Liability Company ("FDG"), AAF Miami TOD
Holdings, LLC, and its affiliates, (collectively "AAF"), for a land exchange of two City -owned
properties, one of which contains approximately 0.30 acres, located at 104 NW 1st Avenue, as more
particularly described on Exhibit "A" attached hereto and made a part hereof ("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 hereto and made a part hereof ("Tracts F&G"), in
exchange for that certain. FDG -owned property, containing approximately 0.50 acres, located at 435
NW 1st court, as more particularly described on Exhibit "C" attached hereto and made a part hereof
("FDG property"); AAF shall further pay the City Five Hundred Thousand Dollars ($500,000.00), and
shall be granted certain crossing rights to allow AAF to use that certain portion of NW 8th street
including subsurface and air rights as described in Exhibit "D" attached hereto and made a part hereof,
and to execute such other documents as may be necessary to effectuate such land exchange transaction
in accordance with terms and conditions of the Agreement, with AAF covering the costs associated
with this transaction, including survey, Title Insurance and closing costs, with terms and conditions
more particularly described in the Agreement.
Background Information:
See Supplemental Page
Budeet Impact Analvsis
ytS Is this item related to revenue? a 9001 000
NO Is this item an expenditure? If so, please identify funding source below.
General Account No.-
Special
o:Special Revenue Account No.:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A Budge,'
If using or receiving capital funds
Grants N/A Risk Management,
Purchasing N/A Dept. Director
Chief City Manager SZ P
Page 1 of 2
SUPPLEMENTAL PAGE
Subject: Resolution authorizing the CitManager to execute a Real Estate Purchase and Exchange
Agreement (the "Agreement"), by and between the City_of Miami"Cites and FDG Rail Holdings 25
LLC, a Delaware Limited Liability Company_("FDG"), AAF Miami TOD Holdings, LLC, and its
affiliates. (collectively "AAF").
Background Information:
The City of Miami ("City") is the owner in fee simple title to that certain real property located at 104
NW 1 st Avenue, legally described in Exhibit "A", attached hereto and incorporated herein by specific
reference ("City Property South").
The City is the owner in fee simple title to that certain real property identified as Folio number 01-3136-
000-0090 ("Tracts F&G"), including air rights up to one hundred (100) feet, and legally described in
Exhibit "B", attached hereto and made a part hereof (collectively "City Property North").
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 NW 1 st Court, legally described in Exhibit "C",
attached hereto and incorporated herein by specific reference ("FDG Property").
AAF shall be granted certain crossing rights to allow AAF to use that certain portion of NW 8th street
including subsurface and air rights up to 100 feet as described in Exhibit "D" attached hereto and made
a part hereof.
AAF shall contribute to the City an amount equal to five hundred thousand dollars ($500,000.00), which
shall be used as a public benefit towards the construction of a fire station or similar public project; and
The City and AAF shall work together to conceptually design NW lst Avenue between NW 1st Street
and NW 2nd Street ("New Roadway") substantially in accordance with Exhibit "E" attached hereto and
made a part hereof. AAF shall, at its cost and expense, design and construct the New Roadway in
accordance with the City Code.
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.
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.
The City Property North and City Property South are non -buildable and non. -waterfront, and its
conveyance would assist in providing for the assemblage of land by AAF. 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.
Page 2 of 2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Todd B. Hannon DATE, October 9, 2015
City Clerk
SUBJECT: Real Estate Purchase and Exchange
Agreement between City and AAF
FROM: Daniel Rotenberg
Director REFERENCES: 10 Day Notice
Department of Real Estate and
Asset Management ENCLOSURES: Agreement
j
Enclosed you will find an advertisement for notice of a public hearing to be held by the. City Commission on October 22,
2015, for a resolution authorizing the City Manager to execute a Real Estate Purchase and Exchange Agreement between
the between the City of Miami ("City") and AAF Miami TOD Holdings LLC ("AAF").
Please place the advertisement in accordance with public hearing requirements of the City Commission.
Thank you for your assistance In this matter.
Approved:
dna M, Medina, Agenda Coordinator
AB;HM
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on October 22,
2015, at 9.00 AM at City Hall, located at 3500 Pan American Drive, Miami, Florida, for the
purpose of granting the following:
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY
MANAGER TO EXECUTE A REAL ESTATE PURCHASE AND EXCHANGE
AGREEMENT ("AGREEMENT"), 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 NW IST AVENUE, ("CITY PROPERTY'), AND
THE OTHER OF WHICH CONTAINS APPROXIMATELY 0.32 ACRES,
IDENTIFIED AS FOLIO NUMBER 01-3136-000-0090 ("TRACTS F&G"), IN
EXCHANGE FOR THAT CERTAIN AAF -OWNED PROPERTY, CONTAINING
APPROXIMATELY 0.50 ACRES, LOCATED AT 435 NW 1ST COURT, ("AAF
PROPERTY'); AAF SHALL FURTHER PAY THE CITY FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) AND SHALL BE GRANTED CERTAIN
CROSSING RIGHTS TO ALLOW AAF TO USE THAT CERTAIN PORTION OF
NW 8TH STREET INCLUDING AIR RIGHTS; AND TO EXECUTE SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE SUCH LAND
EXCHANGE TRANSACTION IN ACCORDANCE WITH TERMS AND
CONDITIONS OF THE AGREEMENT, WITH TERMS AND CONDITIONS MORE
PARTICULARLY DESCRIBED IN THE AGREEMENT.
All interested persons are invited to appear and may be heard concerning such proposed
acquisition. Should any person desire to appeal any decision of the City Commission with
respect to any matter considered at this meeting, that person shall ensure that a verbatim
record of the proceedings is made, including all testimony and evidence upon which any appeal
may be based (F.S. 286,0105).
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in the proceeding may contact the Office of the City Clerk at
(305) 250-5361 (Voice) no later than two (2) business days prior to the proceeding or TTY users
may call via 711 (Florida Relay Service) no later than three (3) business days prior to the
proceeding,
(City Sea]) Todd B. Hannon
# 22720 City Clerk
AERIAL
16-00666sc
A PORTION OF NW 1 AV, BETWEEN NW 1 STAND NW 2 ST
25 50 100 Feet
A
CI
File ID 16-00666sc
June 15, 2016
Ms. Melody L. Torrens offered the following resolution and moved its adoption:
Item PZAB.3
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL WITH CONDITIONS AS STATED WITH ATTACHMENT(S),
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE, A
PORTION OF NORTHWEST FIRST AVENUE, BETWEEN NORTHWEST FIRST STREET AND
NORTHWEST SECOND STREET, MIAMI, FLORIDA.
Upon being seconded by Ms. Jennifer Ocana Barnes the motion passed and was adopted by a vote of 9-
0:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Adam Gersten
Ms. Maria Beatriz Gutierrez
Mr. Daniel Milian
Mr. Juvenal Pina
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
4
Franci co Ga cia, Director
Plannin-an-d"zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Yes
Yes
Abstain
Yes
Yes
Yes
Yes
Yes
Yes
Yes
V-71 ; N
Execution bate
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS -0 DAY OFJL(" K-9- 2016.
II , C, 2)l usi .w
Print Notary Name otary Public State of Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
_.-- SABRINA BLUE
MY COMMISSION # PF 046986
cr EXPIRES: December 20, 2017
Sondod `fhru Notary Public Undorwrit."
Page 1 of 2
Miami Manning, Zoning and Appeals Board
Resolution: PZAB-R-16-035
CONDITION(S)
1. The applicant, owner or their successor shall meet applicable development standards
identified in the Miami 21 Code and all applicable local, county, state, and federal
regulations.
2. The applicant shall provide an access plan for review and acceptance by the City's Fire -
Rescue, Police, Solid Waste Departments and the Capital Improvements Program/Office
Transportation.
3. A building permit, including phased permits, will not be issued on the property being
platted until the final plat is recorded or as authorized by the City of Miami Code Section
55-10(i).
4. A Certificate of Occupancy shall only be issued after all the required subdivision
improvements have been completed.
5. The new alignment of NW 1St Avenue section shall be designed pursuant to Public
Works cross-section detail (Misc. 35-85-27).
6. The applicant or their successor shall comply with the conditions of approval stated for
the Flagler Gran Central Station First Addition Tentative Plat #1876, in a letter dated
April 15, 2016 from the Department of Public Works.
Page 2 of 2