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2012-032-1627 - Development Agreement with Miami Gardens Shopping Center LLC 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 22, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Dr. Danny Crew, City Manager Department: City Manager Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI GARDENS SHOPPING CENTER, LLC, AND AUTHORIZING THE ACCEPTANCE OF THAT CERTAIN QUIT CLAIM DEED FROM MIAMI GARDENS SHOPPING CENTER, LLC, IN SUBSTANTIAL FORM AS THOSE DOCUMENTS ATTACHED HERETO AS COMPOSITE EXHIBIT “A”; AUTHORIZING THE EXECUTION OF ANY ATTENDANT DOCUMENTS NECESSARY FOR THE CONVEYANCE; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM K-1) CONSENT AGENDA RESOLUTION Agreement w/Miami Gardens Shopping Center, LLC 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: The City has undertaken the process of constructing a City Hall and Police facilities. There is a 30-foot wide access easement which is adjacent to the south side of the City Hall project. The City intends to implement a right-a-way over a portion of the access easement in its design of City Hall. The City has contacted the property owners whose property abut the easement about entering into a Development Agreement and Deed for transfer of their rights to the easement in lieu of the City having to commence eminent domain proceedings or undertaking a special assessment to assess those property owners. The property owners have expressed an interest in conveying their rights in the easement to the City. In exchange for the property owners granting ownership of the easement to the City, the City will construct and maintain the easement. In addition, the City would agree that the adjoining property owners will not lose their right to maintain their existing improvements, including their current development rights as it relates to floor area ratios, setbacks, parking and other current property rights enjoyed by them. Proposed Action: That the City Council approves the attached Resolution. Attachment: Attachment 1 – Development Agreement Attachment 2 – Quit Claim Deed Attachment 3 – Partial Release of Mortgage