HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
RUNT- _i :.► 1 111
TO: Todd B. Hanndn, City Clerk
FROM: Victoria Mendez, City Attorney
DATE: September 24 Z�019
RE: Ordinance No:� 3853
File No. 5954
At its July 11, 2019 meeting, the City Commission considered the above referenced
agenda item, SR.2, approving a Development Agreement between Mengar Holdings at 709,
LLC, Land 1, Ltd, 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, 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 in order to
expand the City's existing Fire Station ##10 site and to unify the same. The published agenda item
inadvertently included only the legal descriptions of the property as Exhibit "A" and included the
Development Agreement as backup, instead of including the Development Agreement, inclusive
of the Legal Descriptions, as Exhibit "A."
"
The legislation has been incremented to Revision A and the correction made to the file,
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Enclosures
File Number: 5954 Final Action Date: 7111/2019
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.
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 Fife ID: 5954 (Revision: A) Frinted On: 101812099
City of Miami
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City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Ordinance: 13853
File Number: 5954 Final Action Date: 7111/2019
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.
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 Fife ID: 5954 (Revision: A) Frinted On: 101812099
File ID: 5954
Enactment Humber: 13853
WHEREAS, Mengar Holdings at 709, LLC ("Mengar") is the owner of 0.63 acres +1- 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 +l- 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 +l 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 Fife 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 Man — 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: 6954 (Revision: A) Printed on: 10/812099
File 117: 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, past 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:
1
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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 (14) 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 Fife 1Q: 5954 (Revision: A) Printed on: 901812019
File Number: 5954
City of Miami
Legislation
Ordinance
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING
A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, 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,"
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 -DADS 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, 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;
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 ATTACHED FORM, 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 +I- 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 +1- of
properties located at 4121 Northwest 7 Street and 701, 709, and 731 Northwest 42 Avenue,
Miami, Florida and located to the west of the Station #10 Property ("Mengar Property") with a
north -south alley dividing the two (2) properties; and
City of Miami Pile ID. 5954 (Revision:) Printed On. 71112019
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 +1- 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 +1- 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, 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; 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
City of Miami File ID: 5954 (Revision:) Printed On: 7/1/2019
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 City Code 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 such 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 property's 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 negotiate and execute the Development
Agreement, in substantially the attached form, for said purpose.
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
' 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 «oan override of the veto by the Citv Commission.
City of Miami File ID: 5954 (Revision: ) Printed On: 7/1/2019
APPROVED AS TO FORM AND CORRECTNESS:
ria "?'ide t'y tlor ey 81412019
City of Miami File ID: 5954 (Revision.) Printed On; 71112099