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HomeMy WebLinkAboutExhibit - FLP ApplicationAPPLICATION TO ACQUIRE SURPLUS FEDERAL PROPERTY U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE Revised January, 2017 Introduction Bringing Parks to People: Through the Federal Lands to Parks program*, the National Park Service helps communities create new parks and recreation areas by conveying surplus Federal land to state and local governments at no cost. The goal of the program is to expand public parks and recreation areas while reducing the costs of the Federal government by disposing of its unneeded property. The National Park Service works with communities to identify eligible Federal land and develop a plan for its recreational use. Federal Lands to Parks permanently preserves the land for recreational use which improves a community's quality of life and protects its important resources. Since 1949, the Federal Lands to Parks program has transferred over 1,600 properties (totaling approximately 170,000 acres) nationwide to state and local governments. Background: Under the authority of the Federal Property and Administrative Services Act of 1949, as amended, the United States Government may transfer surplus Federal property to state and local governments for a variety of public purposes. These purposes include public health, education, emergency management, corrections, ports, airports, wildlife conservation, historic preservation, and park and recreational use. This method of surplus Federal property disposal is referred to as a "public benefit conveyance." The law allows public benefit conveyances to be made without monetary consideration in return for the public benefit that is derived. Use restrictions are placed on properties conveyed through this method to ensure that they will be used for the intended public purpose. By delegation of authority from the Secretary of the Interior, the National Park Service helps state and local governments acquire surplus Federal property for public park and recreational use through the Federal Lands to Parks program. This type of public benefit conveyance allows the transfer of surplus Federal property to a public agency for up to a 100 percent discount of the property's value if it is used for public parks and recreation in perpetuity. Property acquired through the program cannot be used for any other public or private purpose. Only states, counties, municipalities, and other public agencies can acquire surplus Federal property through the Federal Lands to Parks program. To learn more about the National Park Service's partnership programs, please visit our web site at: www.nps.gov. The Federal Lands to Parks program web site is: www.nps.gov/f/p. * The Federal Lands to Parks program is authorized by 40 U.S.C. § 550 (e). Federal Lands to Parks Program Regional and National Contacts National Office Ms. Wendy Ormont U.S. Department of the Interior National Park Service 1849 C. Street NW Washington, D.C. 20240 tel: (202) 354-6915 fax: (202) 371-5179 Southeast Region Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Virgin Islands, Virginia, West Virginia: Mr. John Barrett U.S. Department of the Interior National Park Service 100 Alabama Street, S.W. Atlanta, GA 30303 john_barrett@nps.gov tel: (404) 507-5689 fax: (404) 562-3246 3 Terminology Base Realignment and Closure (BRAC): of or relating to a series of laws passed by Congress in 1988, 1991, 1993, and 1995 to reduce the land base and infrastructure of the military departments. Constructive Possession: the condition under which the applicant assumes responsibility for the care and handling of a property and all obligations and liabilities of ownership prior to obtaining actual title to the property. Disposal Agency: a Federal agency, commonly the General Services Administration, with authority to dispose of real or related personal property on behalf of the holding agency (in certain cases, the disposal agency may also be the holding agency). Excess Federal Property: any real or related personal property held by a Federal agency that is no longer needed to perform its mission; excess property may be transferred to another Federal agency if needed. Federal Real Property: any right or interest in land together with the improvements, buildings, and fixtures located thereon that is owned by the United States of America. Federal Related Personal Property: property owned by the United States of America, such as equipment, furnishings, and vehicles that are related to, designed for, or especially adapted to the functional or productive capacity of the real property and, if removed, would significantly diminish the use or value of the real property. General Services Administration (GSA): a Federal agency which is responsible for, among other administrative functions, the disposal of Federal real and related personal property with the general exceptions of public domain lands, national forest and park lands, and property designated for disposal under BRAC. Holding Agency: a Federal agency which has custody of and responsibility for real or related personal property that is proposed for disposal. (In certain cases, the holding agency may also be the disposal agency.) McKinney Act (Stewart B. McKinney Homeless Assistance Act of 1987, P.L. 100-77): a Federal law that requires the disposal agency to make suitable surplus Federal property available for transfer to approved nonprofit organizations and public agencies to assist the homeless prior to making it available for public benefit conveyances. Public Benefit Conveyance (PBC): a transfer of surplus Federal property to a state or local government, typically at no cost, for a congressionally authorized public purpose, such as an airport, park, or school. Surplus Federal Property: any real or related personal property that has been designated as excess and is not needed by another Federal agency; the disposal agency may dispose of surplus property through a McKinney Act transfer, public benefit conveyance, negotiated sale to a government body, or public sale. Part A: Acceptance of Terms and Conditions by the Applicant Date- (D To: U.S. Department of the Interior, National Park Service, OO Southeast Region, Mr. John Barrett, Program Manager, U.S. Department of the Interior, National Park Service, 100 Alabama Street, S.W., Atlanta GA 30303, john barrett(o)nps.gov, telephone number: (404) 507-5689 . The undersigned, (3) the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the Applicant or Grantee, acting by and through ® Emilio T. Gonzalez, City Manager, City of Miami, 444 SW 2nd Ave, 10th Floor, Miami, FL 33130, telephone number: (305) 416-1458, hereby makes application to the U.S. Department of the Interior, National Park Service, acting for and on behalf of the Secretary of the Interior pursuant to 40 U.S.C. § 550 (e), and in accordance with the regulations and policies of the U.S. Department of the Interior for the transfer of the following property which has been declared surplus by the OO U.S. General Service Administration, and is subject to assignment to the National Park Service for disposal for public park or recreational purposes: Property: © Former Federal Aviation Administration Miami International Airport Locator Outer Marker /Outer Marker (LOM/OM). 21 NE 16th Street. Miami. Miami -Dade Countv. FL 33123 Acres: OO 0.117 General Services Administration Control Number: ® 4-U-FL-1264AA The property is more fully described in Part B of this application, attached hereto and made a part thereof. Enclosed herewith as Part C of the application is a resolution or certified statement showing the authority of the undersigned to execute this application and to do all other acts necessary to consummate the transaction. The following agreement is made by the Applicant in consideration of and for the purpose of obtaining the transfer of any or all property covered by this application, and the Applicant recognizes and agrees that any such transfer will be made by the United States of America in reliance on said agreement. The undersigned understands and agrees that the application is made and the property is conveyed subject to the following terms and conditions which may be enforced through a reversionary right in the property reserved to the United States of America: This application and its acceptance by the National Park Service shall constitute the entire agreement between the Applicant and the United States of America, unless modified and approved in writing by both parties. This agreement becomes binding once the instrument of conveyance has been executed by the applicant. The applicant is required to duly record the instrument of conveyance in a timely manner. 2. The description of the property set forth herein is believed to be correct, but any error or omission shall not constitute ground or reason for nonperformance of the agreement resulting from the acceptance of this application. 3. The Applicant understands and agrees that the property is to be conveyed "as is" and "where is" without representation, warranty, or guaranty as to quantity, quality, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose intended and no claim for any adjustment upon such grounds will be considered after this application has been accepted. Notwithstanding the foregoing, the United States is bound by any covenants contained in the deed regarding Section 120(h) of CERCLA, 42 U.S.C. §9620(h). 4. The Applicant agrees to assume constructive possession of the property upon receipt of written notification from the National Park Service. Should the Applicant fail to assume constructive possession of the property, it shall nonetheless be charged with constructive possession upon receipt of such notification from the National Park Service. 5. At the date of assumption of constructive possession of the property, or the date of conveyance, whichever occurs first, the Applicant shall assume responsibility for any general and special real and personal property taxes, which may have been or may be assessed on the property, and to prorate sums paid, or due to be paid, by the United States of America in lieu of taxes; and for care and handling and all risks of loss or damage to the property, and have all obligations and liabilities of ownership. 6. If a purchase price is due, the Applicant shall tender the purchase price to the United States of America on a mutually agreeable date after the property has been assigned to the National Park Service. 7. Conveyance of the property shall be accomplished by an instrument, or instruments, in a form satisfactory to the National Park Service without warranty, express or implied, and shall contain substantially, but may not be limited to, the following reservations, restrictions, and conditions: (a) The Grantee shall forever use the property exclusively for public park and recreational use in accordance with its application for property, particularly the Program of Utilization contained in Part B of the application, and approved amendments thereto, as provided below. (b) The Program of Utilization contained in Part B of the application may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party. Such amendments will be added to and become a part of the original application and of this Quitclaim Deed, and shall be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any documentation, maps, photographs, studies, and other information to support the request as requested by the National Park Service to evaluate any proposed use or development of the property. (c) The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the National Park Service agrees in writing can assure the continued use and maintenance of the property for public park or recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its successors or assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property, or from providing related recreational facilities and services consistent with the approved application through concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. (d) The Grantee shall, within six months of the date of this deed, erect and maintain a permanent sign or marker near the principal point or points of access to the property that states: "This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public". (e) Beginning two years from the date of conveyance, the Grantee shall prepare biennial reports describing the development and use of the property, and any revenue generated from its operation during the preceding two-year period. The Grantee shall prepare and submit ten consecutive biennial reports to the appropriate National Park Service office and further as the National Park Service may determine to be necessary. (f) All revenue received by the Grantee through concession agreements, use permits, or other fees generated by activities on the property shall be used only for the implementation of an approved Program of Utilization or the operation of park and recreation facilities and programs on the property. After the Program of Utilization is fully implemented, and as long as the property is properly and sufficiently operated and maintained, the revenue may be used only for other public park and recreational purposes by the Grantee. Any revenue received by the Grantee which is generated through the operation of the property shall be listed and accounted for in its biennial reports to the National Park Service. (g) The Grantee further covenants and agrees for itself, its successors, and assigns, to comply with the provisions of the Federal Disaster Protection Act of 1973 (87 Stat. 975); Executive Order 11988, relating to the evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; and Executive Order 11990, relating to the protection of wetlands, where and to the extent said Act and Orders are applicable to the property herein conveyed, and the Grantee shall be subject to any use restrictions issued under said Act and Orders. (h) The Grantee further covenants and agrees for itself, its successors and assigns, to comply with all Federal laws relating to nondiscrimination in connection with any use, operation, program, or activity on or related to the property requested in this application, including, but not limited to: All requirements imposed by or pursuant to the non-discrimination regulations of the U.S. Department of the Interior (43 C.F.R. Part 17); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap; The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151), which requires facilities located on the property to be accessible to the physically handicapped; The Americans with Disabilities Act of 1990 (42 U.S.C. § 12181) which requires that no otherwise qualified handicapped individual shall, solely by reason of his or her handicap, be excluded from the participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance; and Executive Order 13672 which prohibits discrimination on the basis of sex, sexual orientation, or gender identity. The Applicant further agrees to require any other person or entity who through contractual or other arrangements with the Applicant, is authorized to provide services or benefits on or in connection with the property requested herein, and to promptly take and continue to take such action as may be necessary to effect this agreement. (i) Title to the property transferred shall revert to the United States of America at its option for non-compliance with any of the terms and conditions of the conveyance. In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successor and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. (j) The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its Federal Property Management Regulations in effect at the time of the reversion. Prior to any such reversion, the Grantee further agrees to complete and submit to the Grantor an environmental assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended [42 U.S.C. § 9620(h)]. (k) The National Park Service, and any representative it may so delegate, shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purpose of evaluating the Grantee's compliance with the terms and conditions of the conveyance. (1) The failure of the National Park Service, or any other agency of the United States, to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. (m) Pursuant to Section 768.28, Florida Statutes, the Grantee, its successors and assigns, shall hold harmless, defend, and indemnify the United States, its employees, agents, and representatives from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that arises from the Grantee's or the Grantee's agent's use or occupancy of the property and/or the Grantee's failure to comply with the terms of this deed. (n) The United States of America shall have the right to reserve all oil, gas, and mineral rights in the property. 8. Any title evidence which may be desired by the Applicant will be procured by the Applicant at its sole expense. The National Park Service will, however, cooperate with the Applicant or its authorized agent in this effort and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved as it may have available. The United States of America will not be obligated to pay for any expense incurred in connection with title matters or survey of the property. 9. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be recorded at the Applicant's expense within 30 days of their receipt in the manner prescribed by local recording statutes. The Applicant shall provide the National Park Service with a certified copy of the instrument of conveyance within 30 days of the date of recordation which indicates the date, location, and book and page number of its recording. 10. The Applicant agrees to comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) by (a) consulting with the State Historic Preservation Officer and conducting investigations, as necessary, to identify sites and resources on the property listed on or eligible for nomination to the National Register of Historic Places, (b) notifying the National Park Service and disposal agency of the existence of any such sites and resources, and (c) complying with the requirements of 36 C.F.R. Part 800, as established under the National Historic Preservation Act of 1966, as amended, to avoid or mitigate adverse effects on such sites and resources. 11. The National Park Service or disposal agency may require additional reservations, restrictions, and conditions in the instrument of conveyance to safeguard the interests of the United States of America, including covenants relating to environmental protection and historic preservation. The National Park Service will give the Applicant sufficient opportunity to review any additional requirements prior to the conveyance of title to the property. I agree that the instrument effecting the transfer to the Applicant of any property covered by this application will contain provisions satisfactory to the United States of America, incorporating the substance of the foregoing agreement, with such provisions to consist of (1) a condition, coupled with a right reserved to the United States of America to cause the property to revert to the United States of America at its option in the event of any breach of such condition, and (2) a covenant running with the land. The Applicant understands that the United States of America shall have the right to seek judicial enforcement of this agreement, and that this agreement shall be binding upon the successors and assigns of the Applicant. [Applicant's Signature Page to Follow] 10 By: "APPLICANT" Executed by CITY OF MIAMI, a municipal corporation of the State of Florida Emilio T. Gonzalez, City Manager Date: ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney STATE OF FLORIDA) COUNTY OF MIAMI-DADE) APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Administrator The foregoing instrument was acknowledged before me this day of 1 , by Emilio T. Gonzalez, as City Manager for the City of Miami, a municipal corporation of the State of Florida. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 11 Part B: Justification for Acquiring Property 1. Description of Property (a) Narrative: The property is described as the Former Federal Aviation Administration Miami International Airport Locator Outer Marker /Outer Marker (LOM/OM), located at 21 NE 16th Street, Miami, FL (the "Property"). The Property is a corner vacant grassy lot lying within Miami's Downtown Arts & Entertainment District that is secured by a chain linked fence running along the perimeter and a locked access gate located at the south portion of the Property. (b) Map: (c) Legal Description: The legal description shall be submitted subsequent to the application. 12 (d) Photographs: Facing north towards the Property: Facing northeast towards the Property: f 06 4� Yom_ �tl17- '•' ,.._ t 13 Facing northwest towards Property: r .r+ Aa ''fir i ►►►; 2. Program of Utilization (a) Narrative: The proposed recreational use(s) and development of the Property shall be utilized as a pocket park. The Property shall be converted into open green space with vegetation and benches decorated throughout to be used by the surrounding residents and visitors. (b) Schedule of Development: The development of the Property shall commence no later than one year from the date of conveyance. The development will require between 9 to 12 months to complete construction and the estimated construction costs range from $130,000 to $180,000. 14 (c) Site Plan: Conceptual Design No Conceptual Design No. 2: 15 (d) Historic Preservation Plan: N/A The Property, used as a pocket park, will enhance the quality of life within the surrounding area by adding green space to a high density Urban Core Zone that is undergoing a developmental transformation. Further, the Property is located within Miami's Downtown Arts & Entertainment District which has a growing population derived from completed, under construction and proposed development projects in the immediate area. (a) The Arts & Entertainment District ("A & E District") is experiencing above average growth that is driven by real estate development projects attracting new residents that have increased the district's population from 9,079 in 2010 to 14,675 in 2016. The A & E District is projected to reach a population total of 18,425 residents by 2021. Therefore, the A & E District is increasing at an estimated average annual growth rate of 5.1 % per year. The A & E District has an average household income of $107,839 per year and has a 57% attainment of higher education. The majority of people (29%) within the Greater Downtown area prefer to exercise at home (inclusive of the outside surrounding area), followed by fitness club (20%) and other facilities (11 %). (Source: ESRI BAO; Synergos PopStats; Miami DDA 2016). (b) Dorsey Park is a neighborhood park located within the surrounding area containing 2.94 acres which has several recreational amenities such as a baseball field, basketball Hoops, playground and a recreation center. Dorsey Park measures a linear distance of .13 miles from the Property that is accessibly blocked by the railroad corridor. The walkable barrier free distance between Dorsey Park and the Property is .5 miles. (c) There is a lack of available green space within the urban core area due to the high priced cost of land that stems from the demand for mixed use development projects within Downtown's real estate market. Therefore, it imperative that the City is able to acquire land within these areas before they become vertically integrated to meet the future demand of green space expected from its residents. The City has established a Parks and Recreation Master Plan ("Plan") to generate a citywide vision of Miami's 21st century parks and recreation system. One of the key goals of the Plan is to acquire land so that there is a park within a quarter mile of every resident. The Property will meet the current and future needs of residents in the area lying east of the railroad within the A & E District. (d) Once full infill redevelopment with affordable, work force and market rate multifamily housing is achieved in this area it is anticipated that this park will have a visitation of over 50,000 16 residents per year. The following map illustrates the proposed and existing vicinity development projects within the immediate area taking place around the Property. 4. Suitability (a) The Property is composed of a vacant 5,113 SF corner lot which is located within a high density zone that can be easily converted into a pocket park for the residents and visitors to enjoy a better quality of life. (b) Buildings, facilities, infrastructure, and other improvements, if any, on the property that are suitable for use by the applicant for the intended public recreational development and use. N/A (c) The Property is situated in one of Miami's up and coming Downtown neighborhoods known as the Arts and Entertainment District which is located directly north of the heart of Downtown's Central Business District. (d) Public transportation is readily accessible. The Metromover is the City's free mass transit electrically -powered automated people mover train system that runs in and around the Downtown area. The Property is a three minute walk from the Metromover's Omni/Brickell Outer 17 Loop School Board Station. The Property is accessible from NE 16th Street and NE Miami Court. Additionally, the Property has a Walk Score of 86 out of 100 which is considered very walkable. 5. Capability (a) The City of Miami's Parks & Recreation Department manages over 140+ park locations and has a proven track record of providing the highest level of recreational services to its residents and visitors. The Office of Capital Improvements ("OCI") is in charge of planning, designing and managing construction projects regarding City facilities. Furthermore, OCI coordinates the City of Miami's capital improvement planning process so that capital spending supports strategic citywide initiatives and neighborhood needs, in this case, a pocket park. (b) The City is fully capable of acquiring, developing, maintaining, and operating the Property as a pocket park. The City's adopted Operating Budget for fiscal year 2017-18 is $1,060,940,000. Future sources of funding for the Property shall come from impact fees. The City of Miami's bond rating per Standard and Poor's is classified at a high grade of AA- as of 10/01/2017. (c) The City's Parks and Recreation Department has a total staff of approximately 300 employees who are fully capable of operating and maintaining the Property. The City's Office of Capital Improvements has a staff of approximately 45 employees readily available to develop the Property. Please find the organizational chart below as it relates to both aforementioned departments chain of command. CITY ORGANIZATION 18 Part C: Resolution/Certification of Authority to Acquire Property ..TITLE A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION, PURSUANT TO A QUITCLAIM DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE UNITED STATES OF AMERICA ("USA") TO THE CITY OF MIAMI ("CITY"), OF CERTAIN VACANT LAND CONTAINING APPROXIMATELY FIVE THOUSAND ONE HUNDRED THIRTEEN (5,113) SQUARE FEET, LOCATED AT 21 NORTHEAST 16TH STREET, MIAMI, FLORIDA, IDENTIFIED AS FOLIO NO. 01-3136-093-0030, ("PROPERTY"); THE PROPERTY SHALL BE USED AND MAINTAINED FOR PUBLIC PARK AND RECREATIONAL PURPOSES AS SET FORTH IN THE DEED AND THE CITY SHALL DEVELOP THE PROPERTY AS A POCKET PARK, ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED, IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000.00), TO COVER THE COST OF SAID CONVEYANCE, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, AND RELATED CONSTRUCTION COSTS TO DEVELOP THE PROPERTY AS A POCKET PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE CONVEYANCE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE DEED. Whereas, the Property owned by the USA, has been declared surplus and, at the discretion of the U.S. General Service Administration ("GSA"), may be assigned to the Secretary of the Interior for disposal for public park or recreational purposes under the provisions of 40 U.S.C. § 550 (e), and any regulations and policies promulgated thereto; and WHEREAS, the City submitted a Letter of Interest dated August 31, 2017 in response to the GSA Notice of Surplus Determination, GSA Control Number 4-U-FL-1264AA, dated August 4, 2017 ("Notice"); and WHEREAS, the City shall make an application to the National Park Service for, and secure the transfer to, the Property for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the GSA may require in connection with the disposal of said Property under the regulations and policies issued pursuant thereto; and WHEREAS, the City's intended use of the Property will promote community interest and welfare; and WHEREAS, the City's estimated total cost of said conveyance and development of the Property will not exceed Two Hundred Twenty Thousand Dollars ($220,000.00), allocating funds from a source to be determined; 19 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 fully set forth in this Section. Section 2. The City Manager is authorized{1 } to accept a donation of the Property, pursuant to the Deed, in substantially the attached form, from the USA to the City. Section 3. The City Manager is authorized{1} to execute all necessary documents, including amendments and modifications, in a form acceptable to the City Attorney, as may be necessary to effectuate said conveyance. Section 4. Allocating funds from a source to be determined, in a total amount not to exceed Two Hundred Twenty Thousand Dollars ($220,000.00), to cover the cost of said conveyance, inclusive of the cost of a survey, environmental report, and related construction costs to develop the Property as a pocket park. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {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 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. 20 Acceptance by the United States of America The foregoing application is hereby approved and accepted by and on behalf of the Secretary of the Interior for the United States of America this day of 20 (Signature) (Title) (Office) National Park Service U.S. Department of the Interior 21