Date: August 26, 2020

To: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners

From: Carlos A. Gimenez Mayor Subject Report on Status of Property Purchase of Lincoln Memorial Park – Directive No. 201285 :

On July 8, 2020, the Board of County Commissioners (Board) approved Resolution No. R-682-20, directing the County Mayor or County Mayor’s designee to take all actions necessary to effectuate the purchase of property known as Lincoln Memorial Park Cemetery, located at 3001 NW 46 Street in Brownsville, Miami-Dade County, folio numbers 30-3121-005-0010 and 30-3121-010-0010, for the purpose of preserving and maintaining the historic cemetery, which is in a state of disrepair, including identifying a funding source, performing all necessary due diligence in accordance with Administrative Order No. 8-1 and negotiating and finalizing a purchase and sale agreement with the current owner. Alternatively, if a funding source was not available, legal impediments existed, or negotiations came to an impasse, the County Mayor or County Mayor’s designee was directed to submit a status report, including recommendations for further action, at the first available full Board meeting following August 1, 2020.

As of this date, negotiations are at an impasse, noting the status of specific items and recommendations as to future actions as follows.

Background and Due Diligence As part of the County’s standard due diligence prior to any real estate purchase, title work is prepared. This work lays the ground for the County being able to purchase title insurance to protect its interest. Due to a complicated title history of this property, including a probate case, liens, former corporate ownership, and a Judgment held by the County, title research has commenced, but has not yet been completed as of the date of this report.

The property is currently owned by Jessica Williams, who received the property in May 2017 per probate court instructions after the former owner, Ellen Delores Bumpus Johnson, passed away in September 2015 without a will.

On July 27, 2020, Jessica Williams transferred approximately one-half of the property, via quit claim deed and for no recorded monetary consideration, to herself and Mr. Jessie Wooden; this effectively would provide Mr. Wooden a 25± percent interest in the property.

For purposes of purchasing the property, attempted negotiations included both Ms. Williams and Mr. Wooden. Any negotiated willing buyer/willing seller conveyance would require the clearing of any claims against title.

Judgment and Liens On July 7, 2020, the County obtained a Judgment against Ms. Williams for $180,996.84 as part of Miami- Dade County Civil Court Case Number 2012-23731-CA-01, recorded at Official Records (OR) Book 32019, Pages 4598-4608. The civil case has been pending since 2012 and is the result of Miami-Dade County Code (Code) violations and liens which had been placed on the property due to long-standing neglect and lack of maintenance.

Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2

The Judgment also included a permanent injunction requiring the property owner to timely remediate the outstanding Code violations at the cemetery, and to properly maintain the property in compliance with the Code.

On July 31, 2020, Ms. Williams filed a Motion to Vacate Judgment, which is currently set for hearing on September 30, 2020. If the County prevails at this hearing, it will have the option to force a sale of the property at public auction. Board authority will be required to submit a bid to purchase the property at public auction.

Other encumbrances also exist on the property, including three Code violations for which liens have been recorded, summarized as follows:

Approximate Payoff OR Book / Page Date of Lien Original Amount with Interest through August 2020 28241-4714 08/15/2012 $ 6,438.50 $12,602.53 28271-0958 09/05/2102 $ 6,452.00 $12,584.41 29241-2588 07/22/2014 $ 10,080.16 $20,095.42 Total $22,970.66 $45,252.36

Additional violations, which have not yet resulted in a lien also exist. However, the amount and status is subject to completion of the title research.

Legally Available Funding Sources The purchase and maintenance of the property may be funded through the Building Better Communities General Obligation Bond program, and the property will be owned and managed through the Miami-Dade County Department of Parks, Recreation, and Open Spaces (PROS). The FY 2020-21 Proposed Budget includes funding for the maintenance and security of the cemetery. PROS’ preliminary plan for ownership includes three key functions, including creation of a management plan for the cemetery that addresses the manner in which to restore and maintain the property and gravesites, the actual restoration of the site and infrastructure, and the ongoing operations and maintenance of the property. The costs associated with same are being researched and prepared by PROS.

Appraisals There are multiple factors impacting the interests, rights, economics, and highest and best use of the cemetery property which make the question of market value unique and complex. In light of this complexity, two appraisals were obtained by the County through its standard appraisal process to include Robert E. Gallaher, III, MAI, of Gallaher Valuation, and Joseph Hatzell, MAI, Partner, at Joseph J. Blake & Associates. Both appraisers are well-qualified with over 30 years’ experience each in the valuation of commercial real estate, and their respective reports recognized the historical significance of the property. Both appraisers independently compared the cemetery property to non-usable, conservation and preservation land, opining as follows: Appraisal 1 Appraisal 2 Robert Gallaher Joseph Hatzell 1. Market Value “As If” Unencumbered by Judgment/Liens: $ 50,000 $340,000 2. Market Value “As Is” (with Judgment/Liens): Negative, < $0 $115,000

The appraisal summaries are attached as Exhibit A and Exhibit B.

Negotiation Status and Issues Professional staff has held multiple phone conferences with Ms. Williams and Mr. Wooden in an effort to negotiate a willing buyer/willing seller purchase of the property, which would be a first step in achieving the Board’s desire to restore and maintain this historically significant property. During these conversations, Ms. Williams and Mr. Wooden repeatedly advised they were not interested in selling the property under Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 3 any circumstances, nor in considering any offer from the County for same. Had Ms. Williams or Mr. Wooden been interested in entertaining an offer from the County to purchase the property, such offer would be subject to standard due diligence, including but not limited to receiving clear title and Board approval, as well as an offset or other resolution of the County’s Judgment of $180,996, and the County’s prior recorded liens totaling approximately $45,252.36, which includes interest accruing from the date of the liens.

The impasse was communicated to the owner via letter dated August 14, 2020 (attached as Exhibit C).

Recommendations for Further Action In order to accomplish the intent of the Board to acquire the property so as to ensure that Lincoln Memorial Park will be properly cared for and maintained for posterity, and in light of the refusal of Ms. Williams or Mr. Wooden to negotiate, it is recommended in the best interest of the public that, assuming the Motion to Vacate Judgment is denied, the County proceed to execute on the Judgment and force the property to public auction where the County can bid in order to seek to acquire title. It is possible that another party will bid on the property, but any bidder would be required to pay the outstanding $180,996 judgment to the County, as well as the County’s Code enforcement liens, and be subject to the permanent injunction entered against the property requiring the property owner to timely remediate the outstanding Code violations at the cemetery.

It is recommended that the County be authorized to bid and expend an amount up to $340,000, but in no way exceeding the sum of the Judgment, liens, and known encumbrances at the time of bid (currently estimated at $226,250), to purchase the property at auction. It is further recommended the Board authorize the expenditure of typical closing costs to finalize the purchase in the event the County has the winning bid. This price is the sum required to make the County whole on its Judgment, liens, and violations, and within the range established by the appraisals. Further, this amount relieves the current owner of the burden of the Judgment, liens, violations, and future maintenance, while allowing for the property to transfer to the County to properly maintain the property, and protect the heritage and dignity of those interred thereon, in perpetuity. The net out-of-pocket (cash) costs to the County would be limited to closing costs, and the net proceeds (cash) to the owner would be zero after accounting for the amounts due to the County.

We look forward to further discussion on this important issue and will seek the Board’s direction at the next available Board meeting. This report will be placed on the next Board agenda pursuant to Ordinance No. 14-65. Should you need further information, please contact Tara C. Smith, Director, Internal Services Department, at 305-375-1135.

Attachments c: Abigail Price-Williams, County Attorney Geri Bonzon-Keenan, First Assistant County Attorney Office of the Mayor Senior Staff Tara C. Smith, Director, Internal Services Department Maria I. Nardi, Director, Parks, Recreation and Open Spaces Department Yinka Majekodunmi, Commission Auditor Melissa Adames, Acting Director, Clerk of the Board Eugene Love, Agenda Coordinator

EXHIBIT A

APPRAISAL REPORT

PREPARED FOR DAWN M. SOPER, DIRECTOR, P3 & PROPERTY DEVELOPMENT, INTERNAL SERVICES DEPARTMENT MIAMI DADE COUNTY

PROPERTY APPRAISED LINCOLN MEMORIAL PARK CEMETERY 3001 NW 46TH STREET MIAMI DADE COUNTY, FLORIDA

DATE OF APPRAISAL JULY 27, 2020

APPRAISERS

ROBERT E. GALLAHER, MAI CRE

NO. 20035

August 10, 2020

Dawn M. Soper, Director, P3 & Property Development, Internal Services Department Miami Dade County 111 NW 1st Street, Ste. 2460 Miami, Florida 33128-1994

Dear Ms. Soper: As you requested, we have made an investigation and analysis in order to estimate the market value of the Lincoln Memorial Park Cemetery located at 3001 NW 46th Street, Miami. This property is comprised of two recorded subdivisions, with a total land area of 10 gross acres and about 9.35 acres of net area. The current value is estimated as of July 27th, 2020, the date of our inspection. The purpose of the valuation is to assist in a potential acquisition by Miami-Dade County. An important consideration as of the time of our valuation is uncertainty in all real estate markets caused by the Covid-19 virus and the nearly complete shutdown of the economy. What long-term impact the coronavirus will have on property values will not be known for some time and will directly depend on how long the population is prevented from returning to normal activity. The data and conclusions contained in this report are as of a point in time when the impact of the virus has resulted in over 150,000 deaths, while simultaneously states have terminated most, if not entirely all, stay-at-home orders and have opened their economies to the public at large. Miami-Dade County was under greater restrictions than many geographical areas, with gyms and other non-essential businesses ordered to close. The Lincoln Memorial Park Cemetery is an important historical landmark in south Florida. It was one of the few burial sites available for Black citizens of Miami-Dade County in the early to mid-20th century and is the final resting place for a number of prominent citizens of our community. The property was designated as “an individual historic site” by Miami-Dade County in 1991 and was included on the National Register of Historic Places in March 2018. The available evidence indicates that there are no more burial sites available in the cemetery and the property owner has been unable to sufficiently maintain the grounds for a number of years. The small office/chapel building appears to need renovation, the entrance gate is in need of restoration and security is necessary to prevent vandalism and the desecration of the graves. Various community groups and individuals have, at various times, pitched in to help clean up the grounds and restore dignity to the property, but there is no funded consistent management of the site. On June 30, 2020 a final judgement was issued against the property in favor of Miami-Dade County in the amount of $180,997. The judgement was entered for failure to properly maintain the cemetery and was the result of more than five years of complaints against the property. The underlying land is zoned for duplex residences and the county master plan shows the property as designated for low to medium density apartments (six to thirteen units per acre). However, with the property completely occupied, there is no possible way to develop the land as zoned or planned. It is reported to us that there are no more burial sites to sell. Residential development is not possible. The county judgement is outstanding and there is the obligation of maintenance and necessary restoration costs. It is difficult, therefore, to see any positive market value for the property. In an effort to find positive value at the property, we considered several highest and best use options and valuation methodologies.

Dawn M. Soper, August 10, 2020 Page 2

The only legal and physically possible use that can be made of the property itself is its continued use as a cemetery, with no development potential. We therefore made an investigation for sales of land that have absolutely no prospects of development. We found sales of environmentally endangered land southeast of Homestead that meets this criterion and, based on those sales, we concluded that the property has a market value of $50,000. Under its duplex zoning, the site could likely accommodate up to 80 dwelling units. If rezoned in accord with the master plan, the site could be improved with as many as 120 apartment units if it were vacant. It may be possible to have the county designate the site as a donor location under the severable use rights provisions of the county code and allow the property to sell off the rights to 120 dwelling units to be built elsewhere in the unincorporated county. Under this extraordinary assumption, the property could have a net present value of $370,000. The original plats that form the cemetery dedicated rights of way to the public along all four sides of the facility. Three of those roadways are open, paved and used for local traffic. The remaining 25-foot right of way along the north boundary is not open, has never been paved and, for all intents and purposes appears to be part of the cemetery. The only use being made of this area appears to be memorial markers for Black soldiers killed in action. One party affiliated with the owner indicated they might like to convert these memorials from ground plaques to some type of vertical format on a wall. If the county were to vacate the north roadway right of way and return that land to the cemetery, management could possibly arrange for the installation of columbaria (structures for the permanent storage of cremated human remains). While we have very little information on which to base a value estimate under this use, we have estimated revenue from the sale of individual columbarium and a cost to have them installed, with a net present value under this use of $390,000 to $700,000. It is noted that the SUR possibility and the columbaria possibility are not mutually exclusive but could both be accomplished at the same time. Based on the available data, it is our onion that market value of the property lies in the possibility of reclaiming the north road right of way and developing a program to sell columbaria. Under that use, the value is estimated to be $400,000 as indicated by the low end of the range. If the property can be approved as a donor site for SURs, an additional value of as much as $370,000 could be realized, but this element is considered more speculative and is not included in our market value estimate. The foregoing estimates of market value are insufficient to offset the liabilities that are present at the property. The outstanding judgement in favor of Miami-Dade County is in the amount of $180,997. The estimated cost to rehabilitate and renovate the building and land improvements is estimated at $75,000 to $100,000. And there is the day to day maintenance and administrative costs of the property. However, because of the historical importance of the Lincoln Memorial Park Cemetery, the burden of its restoration and maintenance should not be borne by the property owner alone. This is not any random old house or commercial property in need of renovation; it is an important landmark in Miami history and deserves community financial support. It is formally listed on both local and national lists of historic places. A possible willing and informed buyer of the property would be one that not only sees the possibility of the potential revenue from the columbaria and maybe the SURs, but also appreciates the history and importance of this landmark and would have the expertise to solicit and receive donations, grants and bequests to offset the costs. There are a number of foundations that support the renovation and maintenance of historically important real estate and there are federal tax credits available to reward those that contribute to such projects. But it would take someone with the experience and contacts with such foundations and programs to attract sufficient funding to finance the renovation work and establish an adequate trust fund.

Dawn M. Soper, August 10, 2020 Page 3

Therefore, while the estimated total liabilities are greater than the value of the asset, it is possible that the right buyer would understand the resources available to satisfy the liabilities and would pay the owner the $400,000 to acquire the subject property. The subject property is described in detail in the following text, followed by the valuation analyses. This report is submitted in a format prepared in conformity with the Standards Section 2-2(a) of the Uniform Standards of Professional Appraisal Practice. Data, information, and calculations leading to the value conclusions are incorporated in the report following this letter. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from this letter. Thank you for this opportunity to have been of service. If you have any questions regarding the report or if we can be of further help, please let us know. Sincerely,

Robert E. Gallaher, MAI CRE State Certified General Real Estate Appraiser RZ98

1

SECTION 1 • APPRAISAL REPORT SUMMARY

Property Locations: 3001 NW 46 Street, Miami, Florida

Tax ID Numbers: 30-3121-005-0010/010-0010

Appraisal Prepared For: Miami Dade County

Interest Appraised: Fee simple title

Purpose of Appraisal: Estimate market value

Intended Use of Appraisal: Potential acquisition by Miami-Dade County

Extraordinary Assumptions: That the site could be approved as a donor property for severable use rights

Hypothetical Conditions: None

Date of Value: July 27, 2020 Date of Inspection: July 27, 2020 Date of Report: August 10, 2020

Legal Description Lincoln Memorial Park, Sec A, (PB 9-128), and Lincoln Memorial Park, Sec B (PB 40-20).

Land Size: 10 gross acres, 9.5 acres net

Zoning: RU-2, Two Family Residential

Master Plan Designation: Low Medium Density Residential

Improvements: Office/chapel building

Highest and Best Use: As Though Vacant: Residential development As Improved: The existing cemetery, with the building renovated to a museum use, severable use rights made available for sale and expansion of the capacity of the cemetery by vacating the road right of way at the north boundary line Indications of Value: Based on sales of non-useable land $50,000 Severable Use Rights $370,000 Development of Columbaria $390,000 to $700,000

Market Value Conclusion: $400,000 As SUR Donor Site $370,000

Appraisal Number: 20035

EXHIBIT B

APPRAISAL REPORT Lincoln Memorial Park Cemetery 3001 NW 46th Street Miami, Miami-Dade County, FL 33142

PREPARED FOR Ms. Dawn Soper Director, P3 & Property Development Miami-Dade County Internal Services 111 NW 1st Street 21st Floor Miami, FL 33128

PREPARED BY Joseph J. Blake and Associates, Inc. 5201 Blue Lagoon Drive Suite 210 Miami, FL 33126

5201 Blue Lagoon Drive, Suite 210 | Miami, FL 33126 | Phone: (305) 448-1663 | Fax: (305) 448-7077 | www.josephjblake.com

August 21, 2020

Ms. Dawn Soper Director, P3 & Property Development Miami-Dade County Internal Services 111 NW 1st Street 21st Floor Miami, FL 33128

Re: Lincoln Memorial Park Cemetery 3001 NW 46th Street Miami, FL 33142

Dear Ms. Soper: As requested, we have prepared an appraisal of the property referenced above presented in the attached Appraisal Report. The purpose of the appraisal is to develop an opinion of the 'as is' market value of the fee simple estate of the subject, including consideration of existing liens, judgements and encumbrances and including but not limited to consideration of the Final Judgement included in the Addenda to the report, as of July 26, 2020. We have also reported an adjusted market value for the subject net of these liens, judgements and encumbrances. The property is situated on the north side of NW 46th Street, south of NW 48th Street, between NW 30th Avenue and NW 31st Avenue in unincorporated Miami-Dade County, in a neighborhood known as Brownsville. The property is comprised of two folio numbers 30-3121-005-0010 and 30-3121-005-0010. The parcels are known as Section A and Section B and were platted in 1924 and 1938, respectively. The cemetery was developed in two phases to accommodate a total of approximately 1,200 grave sites. There is a caretaker residence on the property as well as a spine road and access roads. The property has a main arched entrance gate and is partially fenced. Lincoln Memorial Park is a privately-owned cemetery that was established to serve as the final resting place for Miami's Black residents. Due to the cemetery being located in an area at sea level, the above the ground burial style of Lincoln Memorial Park makes it a unique site to see in the United States. It is estimated that Lincoln Memorial Park could be the final resting place for as many as 30,000 Black Miamians. The property was designated as a historic site by the Miami-Dade County Historic Preservation Board in 1991 and was listed on the National Register of Historic Places in 2018. The subject's site consists of approximately 452,250 SF or approximately 10.38 acres of land. The site is generally square in shape and is level and at street grade. We have used the dimensions of the properties noted on the original plats to calculate the square footage for the property.

Corporate Headquarters: 425 Broad Hollow Road, Suite 429 | Melville, New York 11747 | (516) 827-0222 Regional Offices: Atlanta | Boston | Chicago | Dallas | Los Angeles | Miami | Orlando | Phoenix | New York City | San Antonio San Francisco | Washington D.C. Blake & Sanyu Alliance: Tokyo | Osaka | Nagoya | Tohoku

August 21, 2020 Ms. Dawn Soper Page 2 of 3

The appraisal and the attached Appraisal Report have been prepared in conformity with and are subject to the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation (USPAP). In preparing this appraisal, we considered the use of the three most widely recognized approaches to value: the Cost, Income Capitalization and Sales Comparison Approaches. The appraisal is subject to the attached Assumptions and Limiting Conditions and Definition of Market Value. After an inspection of the subject, and analysis of pertinent physical and economic factors that affect value, we are of the opinion that the 'as is' market value of the fee simple estate of the subject, prior to the deduction of existing liens, judgements and encumbrances, as of August 21, 2020, is: $340,000 THREE HUNDRED FORTY THOUSAND DOLLARS According to the Final Judgement filed by Miami-Dade County, the accumulated fees and fines were approximately $226,249 as of August 21, 2020. The 'as is' market value of the fee simple estate of the subject, including consideration of existing liens, judgements and encumbrances and including but not limited to consideration of the Final Judgement included in the Addenda to the report (net of these liens, judgements and fines), as of August 21, 2020, is: $115,000 ONE HUNDRED FIFTEEN THOUSAND DOLLARS Deductions for liens, judgments, fees and fines were calculated on a dollar for dollar basis. The value conclusion after the deduction for liens, judgments and fees and fines could change if the payoff amount for liens, judgments and encumbrances changes. We were not able to complete an interior inspection of the building located on the site. We were not provided with an engineering report or a property condition report. We make the extraordinary assumption the building interior is in average condition for the building's age. We were not provided with an environmental study for the site. This appraisal makes the extraordinary assumption there are no environmental contaminants on the site that would affect value. The use of the aforementioned Extraordinary Assumptions might have affected the assignment results. This appraisal is not based on any hypothetical conditions. The marketability of the subject to an entity other than a charitable foundation, preservation society or a municipality is questionable but there does appear to be significant interest in the property as a historically significant property. We have estimated a marketing time of 12 – 18 months if the property was appropriately priced and marketed. Financial and real estate markets are in a state of uncertainty associated with the novel coronavirus/COVID- 19. The outbreak of COVID-19 is a rapidly evolving situation and the effects on real estate markets are currently unclear. As such, it is impossible to predict the effects both on a near-term and a long-term basis. The opinions and conclusions in this report are based on our interpretation of market conditions as well as their effect on the subject's value and marketing time as of the date of value. However, the impact on value of rapidly changing market conditions cannot be fully quantified at this time. The intended users of this report should be aware of the uncertainty regarding market conditions and its potential impact on the subject's market value as of the effective date of appraisal.

August 21, 2020 Ms. Dawn Soper Page 3 of 3

The attached Appraisal Report summarizes the documentation and analysis in support of our conclusions. If you have any questions, please contact the undersigned. We thank you for retaining the services of our firm. Respectfully submitted, JOSEPH J. BLAKE AND ASSOCIATES, INC.

Joseph Hatzell, MAI Tracy Courtney Partner Assistant Director Florida-State-Certified General Real Estate Appraiser Florida-State-Certified General Real Estate Appraiser No. RZ1302 No. RZ2076 Expires: November 30, 2020 Expires: November 30, 2020 [email protected]

Lincoln Memorial Park Cemetery 20-235-02 EXECUTIVE SUMMARY

PROPERTY SUMMARY PROPERTY APPRAISED Lincoln Memorial Park Cemetery PROPERTY ADDRESS 3001 NW 46th Street Miami, FL 33142 PARCEL/TAX ID 30-3121-010-0010, 30-3121-005-0010 PROPERTY LOCATION The subject is located on the north side of NW 46th Street, between NW 30th Avenue and NW 31st Avenue in unincorporated Miami-Dade County. PURPOSE OF THE APPRAISAL The purpose of the appraisal is to develop an opinion of the 'as is' market value of the fee simple estate of the subject, including consideration of existing liens, judgements and encumbrances and including but not limited to consideration of the Final Judgement included in the Addenda to the report, as of July 26, 2020. We have also reported an adjusted market value for the subject net of these liens, judgements and encumbrances. PERTINENT DATES DATE OF INSPECTION July 26, 2020 DATE OF REPORT August 21, 2020 DATE OF “AS IS” VALUE August 21, 2020 HIGHEST AND BEST USE AS IMPROVED The current improvements AS IF VACANT To maximize the utility of the site in relation to the zoning PROPERTY DATA IMPROVEMENT DATA The property is situated on the north side of NW 46th Street, south of NW 48th Street, between NW 30th Avenue and NW 31st Avenue in unincorporated Miami-Dade County, in a neighborhood known as Brownsville. The property is comprised of two folio numbers 30-3121-005-0010 and 30- 3121-005-0010. The parcels are known as Section A and Section B and were platted in 1924 and 1938, respectively. The cemetery was developed in two phases to accommodate a total of approximately 1,200 grave sites. There is a caretaker residence on the property as well as a spine road and access roads. The property has a main arched entrance gate and is partially fenced. Lincoln Memorial Park is a privately-owned cemetery that was established to serve as the final resting place for Miami's Black residents. Due to the cemetery being located in an area at sea level, the above the ground burial style of Lincoln Memorial Park makes it a unique site to see in the United States. It is estimated that Lincoln Memorial Park could be the final resting place for as many as 30,000 Black Miamians. The property was designated as a historic site by the Miami-Dade County Historic Preservation Board in 1991 and was listed on the National Register of Historic Places in 2018. SITE DESCRIPTION The subject's site contains approximately 452,250 SF or 10.38 acres of land.

1

Lincoln Memorial Park Cemetery 20-235-02 EXECUTIVE SUMMARY

CURRENT USE As of the date of the value opinions, the subject was being used as a historically designated cemetery. For the purposes of this report, the subject is valued as a historically designated cemetery. ZONING "RU-2," Two-Family Residential District and “BU-1A”, Limited Business District under the jurisdiction of the Miami Dade County. The current land use is cemetery. CENSUS TRACT 12-086-0017.02

VALUE SUMMARY

"As Is" Value (Prior to the Deduction) (8/21/2020) Land Value $310,000 The Cost Approach $340,000 Final Value Opinion $340,000

According to the Final Judgement filed by Miami-Dade County, the accumulated fees and fines were approximately $226,249 as of August 21, 2020.

"As Is" Value (Net of Deductions) (8/21/2020) The Cost Approach $115,000 Final Value Opinion $115,000 Deductions for liens, judgments, fees and fines were calculated on a dollar for dollar basis. The value conclusion after the deduction for liens, judgments and fees and fines could change if the payoff amount for liens, judgments and encumbrances changes. We were not able to complete an interior inspection of the building located on the site. We were not provided with an engineering report or a property condition report. We make the extraordinary assumption the building interior is in average condition for the building's age. We were not provided with an environmental study for the site. This appraisal makes the extraordinary assumption there are no environmental contaminants on the site that would affect value. The use of the aforementioned Extraordinary Assumptions might have affected the assignment results.

2

Lincoln Memorial Park Cemetery 20-235-02 PHOTOGRAPHS OF THE SUBJECT

Subject Caretaker’s Cottage View West on NW 46th Street

View East on NW 46th Street Subject

Subject Subject

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Lincoln Memorial Park Cemetery 20-235-02 PHOTOGRAPHS OF THE SUBJECT

Subject Subject

Subject Historic Grave Site

Caretaker’s House Subject

4

EXHIBIT C Internal Services Department P3 & Property Development Office 111 N.W. 1st Street, Suite 2100 Miami, FL 33128-1994 [email protected]

August 14, 2020 Via Email

Ms. Jessica Williams 9302 NW 25 Avenue Miami, Florida 33147 [email protected]

Re: Lincoln Memorial Park Cemetery 3001 NW 46 Street, Miami, Florida Folio 30-3121-005-0010 & 30-3121-010-0010

Dear Ms. Williams,

I would like to thank you and Mr. Wooden for your time on the phone to date. As you are aware, on July 8, 2020 the Miami-Dade County Board of County Commissioners adopted Resolution No. R-682-20, directing the County Mayor or Mayor’s designee to seek to negotiate a purchase of Lincoln Memorial Park Cemetery for the purposes set forth in the attached resolution.

Based upon our conversations, it is my understanding that you have no interest in selling the property or in entertaining any offer from the County to purchase the property. It is also our understanding that notwithstanding the pending liens and judgments against the property, you have recently transferred a one- half interest in the cemetery to Jessie Wooden by quit claim deed for no monies exchanged, and that Mr. Wooden is likewise not interested in selling the property. Accordingly, as discussed, the County will continue to proceed as set forth in the attached resolution.

If your understanding differs, or if you wish to further discuss this matter, I can be reached by email at [email protected]. Please feel free to provide this correspondence to Mr. Wooden if you wish for him to have a copy because I do not have his email address.

Respectfully,

Dawn M. Soper Director, P3 & Property Development

cc: Tara C. Smith, Director, Miami-Dade County Internal Services Department Debra Herman, Assistant County Attorney, Miami-Dade County Jacques Bentolila, Deputy Director, Miami-Dade County Internal Services Department Veronica D. Brown, Director, Real Estate Development Division, Miami-Dade County Internal Services Department

attch: R-682-20 MEMORANDUM Amended Agenda Item No. 11(A)(19)

TO: Honorable Chairwoman Audrey M. Edmonson DATE: July 8, 2020 and Members, Board of County Commissioners

FROM: Abigail Price-Williams SUBJECT: Resolution directing the County Attorney County Mayor to take all actions necessary to effectuate the purchase of property known as Lincoln Memorial Park Cemetery, located at 3001 N.W. 46th Street in Brownsville, Miami-Dade County, folio nos. 30-3121-005-0010 and 30-3121- 010-0010, for the purpose of preserving and maintaining this historic cemetery that is currently in a state of disrepair, including but not limited to performing all necessary due diligence, to identify a legally available funding source, to negotiate and finalize a purchase and sale agreement, and to place a resolution seeking Board approval of same, or alternatively, a status report, directly on this Board’s agenda without committee review pursuant to Ordinance No. 14-65 ResolutionR-682-20 No. R-682-20

The accompanying resolution was prepared and placed on the agenda at the request of Co-Prime Sponsors Chairwoman Audrey M. Edmonson and Commissioner Dennis C. Moss, and Co-Sponsors Commissioner Daniella Levine Cava, Commissioner Barbara J. Jordan, Commissioner Jean Monestime and Commissioner Xavier L. Suarez.

______Abigail Price-Williams County Attorney APW/smm

1 July 8, 2020

Amended 11(A)(19)

2 Amended Approved Mayor Agenda Item No. 11(A)(19) Veto ______7-8-20 Override ______

RESOLUTION NO. ______R-682-20

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE PURCHASE OF PROPERTY KNOWN AS LINCOLN MEMORIAL PARK CEMETERY, LOCATED AT 3001 N.W. 46TH STREET IN BROWNSVILLE, MIAMI-DADE COUNTY, FOLIO NOS. 30- 3121-005-0010 AND 30-3121-010-0010, FOR THE PURPOSE OF PRESERVING AND MAINTAINING THIS HISTORIC CEMETERY THAT IS CURRENTLY IN A STATE OF DISREPAIR, INCLUDING BUT NOT LIMITED TO PERFORMING ALL NECESSARY DUE DILIGENCE, TO IDENTIFY A LEGALLY AVAILABLE FUNDING SOURCE, TO NEGOTIATE AND FINALIZE A PURCHASE AND SALE AGREEMENT, AND TO PLACE A RESOLUTION SEEKING BOARD APPROVAL OF SAME, OR ALTERNATIVELY, A STATUS REPORT, DIRECTLY ON THIS BOARD’S AGENDA WITHOUT COMMITTEE REVIEW PURSUANT TO ORDINANCE NO. 14-65

WHEREAS, Lincoln Memorial Park Cemetery (“Lincoln Memorial Park”), a 20-acre site located at 3001 N.W. 46th Street, in Brownsville, folio numbers 30-3121-005-0010 and

30-3121-010-0010 (“the property”), is one of the oldest black cemeteries in Miami-Dade County, with ledgers indicating burials dating back to the early 1900s; and

WHEREAS, in 1937, Lincoln Memorial Park was purchased by Kelsey Pharr, a renowned black civic leader and businessman and Miami-Dade County’s first licensed black embalmer and funeral director; and

WHEREAS, Lincoln Memorial Park is the resting place of thousands of people, including many black pioneers and trailblazers who have shaped the landscape of Miami, such as Gwen

Cherry, H.E.S. Reeves, Dr. William Sawyer, D.A. Dorsey, as well as 200 veterans who served honorably from the Civil War to the first Gulf War; and

3 Amended Agenda Item No. 11(A)(19) Page No. 2

WHEREAS, Lincoln Memorial Park was designated as a historic site by the County’s

Historic Preservation Board in 1991 and is listed on the National Register of Historic Places; and

WHEREAS, after Kelsey Pharr’s death, Lincoln Memorial Park has been transferred to two subsequent owners, and unfortunately, due to inadequate maintenance and upkeep, the property has fallen into disrepair over the years; and

WHEREAS, notwithstanding steps taken in past years by the County and others to facilitate and assist in the cleanup of Lincoln Memorial Park, the Property continues to experience problems as a result of continued lack of adequate maintenance, including desecration of graves, invasive plant overgrowth, and accumulation of trash, often making it difficult, if not impossible, for family members to access the burial sites of their loved ones and ancestors; and

WHEREAS, the County has filed liens against the property arising from non-compliance with the County Code, and additionally has filed a court action against the owner of the Property to enforce Code compliance (“the County’s lawsuit”); and

WHEREAS, while multiple court orders have compelled the current property owner to maintain the property, it nevertheless remains in a state of disrepair; and

WHEREAS, after a judgment is obtained by the County in the County’s lawsuit, the property may potentially be sold at a public auction, the timing of which would be initiated by the

County; and

WHEREAS, it is in the best interests of the County to acquire ownership rights to Lincoln

Memorial Park either by a willing buyer-willing seller conveyance from the current owner, or, if unsuccessful, by purchasing the property at a public auction; and

4 Amended Agenda Item No. 11(A)(19) Page No. 3

WHEREAS, the Miami City Cemetery provides an example of a historic cemetery dating back to 1897, owned and maintained by the City of Miami, and allowing visitors to access and appreciate pioneer families in Miami, and including graves of local black leaders such as Rev.

Theodore Gibson and Judge L.E. Thomas, in a park like setting open to the public; and

WHEREAS, by acquiring the property, the County will be able to restore, preserve, and properly maintain this historic gem and ensure that those buried there are afforded dignity in their final resting place; and

WHEREAS, County acquisition of Lincoln Memorial Park will allow family members of the pioneers buried there to visit them in a setting that affords proper dignity and grace, and will provide the public with access to learn about, and pay their respects to, those who form a vital part of the County’s rich history; and

WHEREAS, accordingly, this Board wishes to authorize the County Mayor or County

Mayor’s designee to take all necessary actions to acquire the property so as to ensure that Lincoln

Memorial Park will be properly cared for and maintained for posterity,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board incorporates and approves the foregoing recitals as if fully set forth herein.

Section 2. This Board directs the County Mayor or County Mayor’s designee to take all steps necessary to effectuate the purchase of the property, including (i) performing all necessary due diligence in accordance with County Administrative Order No. 8-1, (ii) identifying legally available funding sources, (iii) negotiating and finalizing a purchase and sale agreement with the current owner, and (iv) placing a resolution, including the proposed purchase and sale agreement,

5 Amended Agenda Item No. 11(A)(19) Page No. 4 directly on the first available full Board agenda for consideration by this Board without the necessity of committee review. Such agreement may consider and include an offset or settlement of liens and any judgments held by the County.

Section 3. No later than the earlier of the first available full Board meeting subsequent to August 1, 2020, or upon determination by the County Mayor or County Mayor’s designee that no funding source is available, legal impediments exist, or that negotiations are at an impasse, this

Board further directs the County Mayor or County Mayor’s designee to submit a status report to the Board, and to place such report directly on an agenda of this Board pursuant to Ordinance No.

14-65 without the necessity of committee review. Such report shall, at a minimum, (i) identify any legal obstacles to the conveyance, (ii) identify whether legally available funding sources were identified, (iii) describe the status of the negotiations and any issues which have arisen; and (iv) provide recommendations for further action, including but not limited to a proposal for County participation in any public sale or auction of the Property arising from the County’s lawsuit.

The Co-Prime Sponsors of the foregoing resolution are Chairwoman Audrey M. Edmonson and Commissioner Dennis C. Moss, and the Co-Sponsors are Commissioner Daniella Levine

Cava, Commissioner Barbara J. Jordan, Commissioner Jean Monestime and Commissioner Xavier

L. Suarez. It was offered by Commissioner Audrey M. Edmonson , who moved its adoption.

The motion was seconded by Commissioner Dennis C. Moss and upon being put to a vote, the vote was as follows:

Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. Daniella Levine Cava aye Jose “Pepe” Diaz aye Sally A. Heyman aye Eileen Higgins aye Barbara J. Jordan aye Joe A. Martinez aye Jean Monestime aye Dennis C. Moss aye Sen. Javier D. Souto aye Xavier L. Suarez aye

6 Amended Agenda Item No. 11(A)(19) Page No. 5

The Chairperson thereupon declared this resolution duly passed and adopted this 8th day of

July, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board.

MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS

HARVEY RUVIN, CLERK

Melissa Adames By:______Deputy Clerk

Approved by County Attorney as to form and legal sufficiency. ______

Debra Herman David Sherman James Eddie Kirtley

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