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Home My WebLink AboutR-18-0256City of Miami 1 i.RR cl Legislation alldl 1 l + Resolution: R-18-0256 File Number: 4289 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/28/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR SAID PROCUREMENT AND FAIR MARKET VALUE PROCEDURES; RESCINDING RESOLUTION NO. R-17-0275 ADOPTED JUNE 8, 2017, WHICH PREVIOUSLY AUTHORIZED A SALE OF THE PROPERTIES FORMERLY KNOWN AS THE CIVIC CENTER AND WAGNER SQUARE LOCATED AT APPROXIMATELY 1455 NORTHWEST 17 STREET WITH FOLIO NUMBERS 01-3135-087-0010 AND 01- 3135-087-0012 CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 42,309 SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTIES"); AUTHORIZING THE CITY MANAGER TO INSTEAD NEGOTIATE AND EXECUTE A GRANT OF PRIVATE PERMANENT EASEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES DEPARTMENT OF VETERAN AFFAIRS ("VA") TO GRANT A PRIVATE PERMANENT EASEMENT TO THE VA, WITH RESTRICTIONS AND REVERSIONS, FOR THE PROPERTIES WITH PAYMENT BY THE VA TO THE CITY OF A TOTAL USE FEE PAYMENT OF THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000.00) ("USE FEE PAYMENT") FOR USE BY THE VA OF THE PROPERTIES EXCLUSIVELY FOR VA GOVERNMENTAL PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, EXTENSIONS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH AND TO EVIDENCE THE FOREGOING, AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION AND AT NO COSTS TO THE CITY. SPONSOR(S): Mayor Francis Suarez, Commissioner Wifredo Gort WHEREAS, on March 10, 2005, the City of Miami ("City") conveyed to Wagner Square, LLC ("Wagner Square") three (3) separate parcels of real property formerly known as the Civic Center Site and later known as Wagner Square located at approximately 1431 Northwest 17 Street, 1405-07 Northwest 17 Street, and 1700 Northwest 14 Avenue, Miami, Florida (collectively, "Original Properties") pursuant to a Purchase and Sale Agreement dated May 30, 2003, as amended ("Agreement"); and WHEREAS, on September 21, 2012, the United States of America, Department of Veterans Affairs ("VA") acquired one (1) parcel of the Original Properties located at 1455 Northwest 17 Street (f/k/a 1700 Northwest 14 Avenue) from the City through a Special Warranty Deed recorded in Official Records Book 28289, Page 2750 of the Public Records of Miami - Dade County, Florida; and City of Miami Page 1 of 3 File ID: 4289 (Revision: A) Printed On: 10/25/2018 File ID: 4289 Enactment Number: R-18-0256 WHEREAS, the VA previously requested to purchase from the City the remaining adjacent two (2) parcels of the Original Properties located at approximately 1455 Northwest 17 Street with the folio numbers 01-3135-087-0010 and 01-3135-087-0012 containing an approximate total combined lot area of 42,309 square feet, as legally described in Exhibit "A," attached and incorporated (collectively, "Properties"), for a total purchase price of Three Million Six Hundred Thousand Dollars ($3,600,000.00) ("Purchase Price") for use by the VA as additional parking and for other VA governmental purposes for its neighboring facility; and WHEREAS, the City desired to assist the VA with the proposed sale of the Properties to the VA through the government to government sale provisions of Section 29-13(c) of the Charter of the City of Miami, Florida, as amended ("Charter") and the City Manager determined, found, and recommended in his memorandum in June 2018 that in accordance with the Charter and with Section 18-182 of the Code of the City of Miami, Florida, as amended ("City Code"), the proposed sale of the Properties to the VA would be in the best interests of the City and the greater Miami -Dade communities to assist veterans and their families; and WHEREAS, the City Commission on June 8, 2017 adopted Resolution No. 17-0275 and determined that it was is in the best interests of the City to transfer and to sell the Properties to the VA for the Purchase Price, with reverters and restrictions, in accordance with the Charter and the City Code, and authorized the City Manager to negotiate and execute a purchase and sale agreement, in a form acceptable to the City Attorney, and WHEREAS, subsequent to June 8, 2017, the VA determined that it may make permanent improvements to the Properties and federal rules and regulations will not allow the VA to purchase the Properties with the reverters and restrictions required by the City Charter and City Code; and WHEREAS, the VA has determined it is able to pay the City a use fee payment in the amount of Three Million Six Hundred Thousand Dollars ($3,600,000.00) ("Use Fee Payment") for a permanent private easement on the Properties with the same restrictions and reverters in order for the VA to use the Properties exclusively for VA governmental purposes ("Easement"); and WHEREAS, the City Commission hereby determines that it is still in the best interests of the City to enter into an agreement in order to grant to the VA an Easement with the same reverters and restrictions ("Easement Agreement") for the VA to use the Properties exclusively for VA governmental purposes and for the VA to pay the Use Fee Payment to the City for the exclusive use of such Properties by the VA for VA governmental purposes; and WHEREAS, the City Commission hereby also determines that should the VA cease to use the Properties exclusively for VA governmental purposes, as further described in the Easement Agreement, then such Easement shall terminate and the Properties shall automatically revert to the City with the City retaining the Use Fee Payment; and WHEREAS, Section 18-182 of the City Code requires a four-fifths (4/5ths) affirmative vote of the City Commission in order to waive the procurement and fair market value procedures; and WHEREAS, the Properties have previously been the subject of environmental remediation partially funded through a Brownfields Environmental Development Initiative ("BEDI") grant and a portion of the Use Fee may be required to be returned to the City and/or City of Miami Page 2 of 3 File ID: 4289 (Revision: A) Printed on: 10/25/2018 File ID: 4289 Enactment Number: R-18-0256 the United States Department of Housing and Urban Development ("HUD") as program income under HUD and BEDI rules and regulations; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. R-17-0275 is hereby rescinded in its entirety. Section 3. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Attachment "A," pursuant to Section 18-182 of the City Code, are ratified, approved, and confirmed, and the City Commission hereby waives the requirements for said procurement and fair market value procedures. Section 4. The City Manager is authorized' to negotiate and execute an Easement Agreement, in a form acceptable to the City Attorney, between the City and the VA with restrictions and reverters for the Properties and with payment by the VA to the City of the Use Fee Payment for use by the VA of the Properties exclusively for VA governmental purposes. Section 5. Should the VA cease to use the Properties exclusively for VA governmental purposes, then such Easement shall automatically terminate and the Properties shall automatically revert to the City with the City retaining the Use Fee Payment. Section 6. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, extensions, modifications, renewals, and amendments, all in a form acceptable to the City Attorney, to accomplish and to evidence the foregoing as may be required for implementation of this Resolution and at no costs to the City. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS r iria i "nd" ez, Ciky Httor iey 8/2/2018 ' 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 City 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: 4289 (Revision: A) Printed on: 10/25/2018