Miami-Dade Legislative Item
File Number: 111190
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File Number: 111190 File Type: Resolution Status: Adopted
Version: 0 Reference: R-573-11 Control: Board of County Commissioners
File Name: CONVEYANCE OF REAL PROPERTY TO CRAS Introduced: 5/26/2011
Requester: NONE Cost: Final Action: 7/7/2011
Agenda Date: 7/7/2011 Agenda Item Number: 11A16
Notes: Title: RESOLUTION REQUIRING ANY DEED CONVEYING REAL PROPERTY TO A COMMUNITY REDEVELOPMENT AGENCY CONTAIN A REVERTER, RIGHT OF RE-ENTRY OR OTHER PROVISION REQUIRING THE RETURN OF THE PROPERTY TO THE COUNTY
Indexes: COVENANT
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/7/2011 11A16 Adopted P

Economic Development & Social Services Committee 6/15/2011 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. She advised that Commissioner Bell would like to be added as a co-sponsor of this resolution. Commissioner Moss requested that he also be added as a co-sponsor of this item. Chairwoman Sosa relinquished the Chair to Commissioner Moss. She noted this resolution was intended to ensure that property conveyed to a Community Redevelopment Agency (CRA) was returned to the County in the event that it was not used for the purpose the County intended when it was conveyed; therefore, ensuring that the taxpayer money used to support CRAs was used correctly. It was moved by Commissioner Sosa that the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation as presented. Assistant County Attorney Brenda Neuman responded to Commissioner Moss’ concern that in some transactions, banks would not lend money to the CRAs if the reverter clause was too restrictive. Ms. Neuman responded to Commissioner Moss’ inquiry regarding whether CRA representatives could return to the County Commission after receiving approval of a conveyance, and request that the reverter clause for the conveyance be waived, on the condition that the transaction was completed afterwards. Ms. Neuman noted that the request would be made during the County Commission’s approval of the conveyance. Following further discussion, Commissioner Moss clarified he was asking that the reverter clause be waived on a case-by-case basis. Commissioner Bell noted this resolution applied only when the County was the seller. She asked whether the County could require a reverter clause for a transaction in which the CRA was conveying its own property. Ms. Norman noted a reverter clause for a transaction, as proposed by Commissioner Bell, could be added to the deed for CRAs in the County’s Unincorporated Municipal Services Area; however, the respective Interlocal Agreement (ILA) would probably need to be amended to make this applicable to CRAs within the municipalities. She added that many ILAs grant CRAs the right to authorize the sale of property. Commissioner Bell recommended that the reverter clause for transactions involving CRAs that were conveying CRA property be included in all new interlocal agreements; and that existing interlocal agreements be amended to include the reverter clause for CRAs in municipalities, as recommended by Ms. Neuman. She asked that legislation to implement these ideas be investigated, and noted she would meet with Ms. Norman to discuss this issue. Hearing no further discussion, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 5/26/2011 Referred Economic Development & Social Services Committee 6/15/2011

County Attorney 5/26/2011 Assigned Brenda Kuhns Neuman 5/26/2011

Legislative Text


TITLE
RESOLUTION REQUIRING ANY DEED CONVEYING REAL PROPERTY TO A COMMUNITY REDEVELOPMENT AGENCY CONTAIN A REVERTER, RIGHT OF RE-ENTRY OR OTHER PROVISION REQUIRING THE RETURN OF THE PROPERTY TO THE COUNTY

BODY

WHEREAS, the Board has an interest in ensuring that real property conveyed to a Community Redevelopment Agency is used for the purpose for which it was conveyed,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that any deed conveying an interest in real property to a Community Redevelopment Agency (“CRA”) contain a reverter, right of re-entry, or other provision requiring the return of the property to the County in the event that the property is not used for the purposes agreed upon by the Board at the time of conveyance. This resolution shall not apply to conveyances made pursuant to Florida Statute Section 125.35 where the CRA is the highest bidder and pays fair market value for the property.



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