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Home My WebLink AboutPre-Legislation—V % City of Miami VIII- o;.,1. Certified Copy File Number: 15-01348 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: R-15-0474 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 1 ST 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 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 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 1 st Avenue, Miami, Florida, legally described in Exhibit "A", attached and incorporated ("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 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 City of Miami Page I of 4 R-15-0474 File Number: 15-01348 Enactment Number: R-15-0474 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 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 1 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 41, 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 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 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 2/3 of the commission after a properly 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 City of Miami Page 2 of 4 R-15-0474 File Number: 15-01348 Enactment Number: R-15-0474 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 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 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 1st Court, Miami, Florida, as more particularly described on Exhibit "C", attached and incorporated ("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 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 as described in Exhibit "D", attached and incorporated. 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) Date: OCTOBER 22, 2015 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER SARNOFF Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND HARDEMON Action: ADOPTED WITH MODIFICATIONS Date: OCTOBER 29, 2015 Action: SIGNED BY THE MAYOR City of Miami Page 3 of 4 R-15-0474 File Number: 15-01348 Enactment Number: R-15-0474 I, Todd B. Hannon, 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-15-0474, with attachments, passed by the City Commission on 10/22/2015. W' 3 r� November 19, 2015 a ' City (Merle, De&y,Clerk (for Todd B. Hannon, Date Certified 'City Clerk). {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 4 of R-15-0474