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File ID: #5954
t ° " Ordinance
Sponsored bv: Wifredo Gort, Commissioner, Francis Suarez, Mavor
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 PROPERTY AS 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.
City of Miami File ID: 5954 (Revision: A) Printed On: 10/8/2019
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City of Miami
Legislation
Ordinance
Enactment Number: 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 PROPERTY AS 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.
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
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,
City of Miami File ID: 5954 (Revision: A) Printed On: 10/8/2019
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
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
City of Miami File ID: 5954 (Revision: A) Printed On: 10/8/2019
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
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.
' 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 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
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City of Miami File ID: 5954 (Revision: A) Printed On: 10/8/2019
Section 7. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.3
APPROVED AS TO FORM AND CORRECTNESS:
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Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of original version.
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 Citv Commission.
City of Miami File ID: 5954 (Revision: A) Printed On: 10/8/2019