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Home My WebLink AboutO-13853City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Ordinance: 13853 File Number: 5954 Final Action Date: 7/11/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MENGAR HOLDINGS AT 709, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LAND 1 (ONE), LTD, A FLORIDA LIMITED PARTNERSHIP, AND THE CITY OF MIAMI ("CITY") RELATED TO THE PROPERTIES LOCATED AT APPROXIMATELY 4101 AND 4121 NORTHWEST 7 STREET, 701, 709, 731, 835, AND 875 NORTHWEST 42 AVENUE, AND 750, 760 AND 770 NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A — C, E OF THE DEVELOPMENT AGREEMENT," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF VACATING AND ABANDONING FOR PUBLIC USE CERTAIN ALLEYS LOCATED IN BLOCK 3 OF THE WHITEHEAD AND BLAIR SUBDIVISION AS RECORDED IN BOOK 44, PAGE 78 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND CONVEYING CERTAIN REVERSIONARY RIGHTS IN SAID ALLEYS FROM THE CITY TO THE ENTITIES DESCRIBED ABOVE IN EXCHANGE FOR THE RELEASE OF A REVERTER ENCUMBERING THE LAND ACCEPTED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 19-0131 ADOPTED MARCH 28, 2019 ("ADDITIONAL LAND") IN ORDER TO EXPAND THE CITY'S EXISTING FIRE STATION #10 SITE AND TO UNIFY THE SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE QUITCLAIM DEEDS, AS MORE PARTICULARLY DESCRIBED IN THE DEVELOPMENT AGREEMENT, ATTACHED AND INCORPORATED, TO CONVEY SUCH REVERSIONARY RIGHTS AS SPECIFIED HEREIN; AUTHORIZING THE CITY TO DEDICATE A PORTION OF THE ADDITIONAL LAND AS PUBLIC RIGHT-OF-WAY OR FOR HIGHWAY PURPOSES TO MAINTAIN THE THROUGHPUT OF THE REMAINING PORTIONS OF THE ALLEY IN THE BLOCK; AUTHORIZING THE CITY MANAGER TO CONVEY PRIVATE EASEMENTS, IF NECESSARY, TO AFFECTED UTILITIES WITHIN THE CITY'S PROPERTYAS MORE PARTICULARLY DESCRIBED IN THE DEVELOPMENT AGREEMENT, ATTACHED AND INCORPORATED; AUTHORIZING ALL EXISTING USES CONSISTENT WITH EACH RESPECTIVE PROPERTY'S CURRENT ZONING DESIGNATION AND ANY OTHER USES AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," FOR SAID PURPOSES; MAKING FINDINGS AS TO THE PUBLIC PURPOSE AND SOUND CAPITAL IMPROVEMENT PLANNING FURTHERED BY SAID DEVELOPMENT AGREEMENT; MAKING FINDINGS AS TO THE APPLICABLE EXCEPTIONS TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA AS BOTH AUTHORIZING A CONVEYANCE TO IMPLEMENT A PROJECT OF THE CITY AND DISPOSING OF NON - WATERFRONT, NON -BUILDABLE PROPERTY THAT IS LESS THAN 7,500 SQUARE FEET; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Wifredo (Willy) Gort, Mayor Francis X. Suarez WHEREAS, the City of Miami ("City") is the owner of 0.72 acres +/- of properties located at 4101 Northwest 7 Street and 750 and 760 Northwest 41 Avenue, Miami, Florida which are currently used as Fire -Rescue Station #10 ("Station #10 Property"); and City of Miami Page 1 of 4 File ID: 5954 (Revision: A) Printed On: 10/8/2019 File ID: 5954 Enactment Number: 13853 WHEREAS, Mengar Holdings at 709, LLC ("Mengar') is the owner of 0.63 acres +/- of properties located at 4121 Northwest 7 Street and 701, 709, and 731 Northwest 42 Avenue, Miami, Florida and located west of the Station #10 Property ("Mengar Property") with a north - south alley dividing the two (2) properties; and WHEREAS, the Station #10 Property and Mengar Property are each respectively bisected by east -west alleys that prevent the unification of each parcel; and WHEREAS, on March 28, 2019, the City Commission accepted a conveyance by Mengar of 0.18 acres +/- of property located at 770 Northwest 41 Avenue, Miami, Florida located directly north of and adjacent to the Station #10 Property ("Additional Property") to expand the existing Station #10 Property; and WHEREAS, the conveyance of the Additional Property was with a reverter that provided that the Additional Property would revert to Mengar should Mengar and the City not enter into a suitable development agreement that apportioned certain parts of the above-described alleys to Mengar and closed and vacated the same; and WHEREAS, Land 1 (One), Ltd. ("Land One") is the owner of 1.0 acres +/- of properties located at 835 and 875 Northwest 42 Avenue, Miami, Florida and located directly north of the Mengar Property ("Land One Property"); and WHEREAS, the Mengar Property, Station #10 Property, Additional Property, and Land One Property are located in the same block bounded by Northwest 9 Street to the north, Northwest 7 Street to the south, Northwest 41 Avenue to the east, and Northwest 42 Avenue (LeJeune Road) to the west; and WHEREAS, the City desires to own the Additional Property free and clear of the reverter provision in order to facilitate the future redevelopment of Fire -Rescue Station #10 to better serve the surrounding area; and WHEREAS, in order to do so, the City must convey its reversionary rights in the alleys described herein to Mengar; and WHEREAS, in order to ensure that no "dead-end" condition is created in the remaining portion of the alley on the block by such action and to maintain the throughput of the same, the City wishes, by this Development Agreement, attached and incorporated as Exhibit "A," to dedicate a suitable area for right-of-way or highway purposes across the Additional Property at its northernmost section to ensure the maximization of the Additional Property for future redevelopment of Fire -Rescue Station #10 ("Dedication"); and WHEREAS, placement of the Dedication in the manner described above to grant maximum use of the Additional Property is possible with the inclusion of the Land One Property in this development agreement; and WHEREAS, pursuant to Sections 163.3220 — 163.3243, Florida Statutes (2018), the Florida Legislature has found that a development agreement "encourages sound capital improvement planning and financing" and "encourages private participation in comprehensive planning"; and WHEREAS, this Development Agreement, attached and incorporated as Exhibit "A," encourages sound capital improvement planning and financing by providing for the City to take City of Miami Page 2 of 4 File ID: 5954 (Revision: A) Printed on: 10/8/2019 File ID: 5954 Enactment Number: 13853 the Additional Property free and clear of encumbrances and expand Fire -Rescue Station #10 at no upfront cost to the City in exchange for the divestment of certain alleys, the vacation and closure of which will result in reduced maintenance costs and potential liability to the City; and WHEREAS, this Development Agreement, attached and incorporated as Exhibit "A," encourages private participation in comprehensive planning by leveraging private sector assets to expand City facilities; and WHEREAS, the reversionary rights held by the City to be conveyed to Mengar and Land One pursuant to this Development Agreement, attached and incorporated as Exhibit "A," meet two (2) exceptions to Section 29-B of the City Charter because (1) it is the conveyance of property to implement a project of the City for the expansion of Fire -Rescue Station #10 and (2) the reversionary rights in the portions of alleys to be conveyed are non -waterfront, being conveyed to the owner of adjacent property, are both less than 7,500 square feet, and are non - buildable by themselves in their current configuration as an alley; and WHEREAS, the City has made certain findings contained in the Development Agreement, attached and incorporated as Exhibit "A," that the closure and vacation of the alleys meet the criteria found in Section 55-15(c) of the Code of the City of Miami, Florida, as amended, and that such vacation and closure is in the public interest and for a public purpose; NOW, THEREFORE, BE IT ORDAINED 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 if fully set forth in this Section. Section 2. The Development Agreement, attached and incorporated as Exhibit "A," pursuant to Chapter 163, Florida Statutes, between Mengar, Land One, and the City relating to development of the properties as described herein is hereby approved. Section 3. The Development Agreement, attached and incorporated as Exhibit "A," is applicable only to the Station #10 Property, Additional Property, Land One Property, and Mengar Property for the purpose of future redevelopment of the referenced properties for any uses permitted by the Miami Comprehensive Neighborhood Plan — Future Land Use Map Designation and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, without change to any of the above mentioned properties' zoning or Future Land Use Map Designation and without prejudice to seek a future land use or zoning change to the same and is further for the purpose of apportioning certain alleys to Mengar and Land One, receiving clear title to the City for the Additional Property, and then closing and vacating said alleys. Section 4. The City Manager is authorized' to execute the Development Agreement, in substantially the form attached as Exhibit "A." Section 5. The City Manager is authorized' to convey private easements to utilities for the properties described herein owned by the City, to execute the appropriate quitclaim deeds ' 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. City of Miami Page 3 of 4 File ID: 5954 (Revision: A) Printed on: 10/8/2019 File ID: 5954 Enactment Number: 13853 for reversionary rights in the abovementioned alleys, to execute the necessary Dedication for the Additional Property, and to take any and all other actions required for the City to take pursuant to the Development Agreement. Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS i t6 ria i ndez, City 7\For.iey �� 6/4/2019 i ria i "ndez, City Httoriey 10/7/2019 2 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. 3 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 4 File ID: 5954 (Revision: A) Printed on: 10/8/2019