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Home My WebLink AboutR-20-00590FCity of Miami G�TY 'LJ 1 Legislation * IA61RR uuu �F l ° R I° Resolution: R-20-0059 File Number: 7219 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/24/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE THE PUBLIC BENEFITS AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND SOUTHSIDE PLACE, LLC ("ORIGINAL DEVELOPER") FOR FAILURE TO PROCEED IN GOOD FAITH TO COMPLY WITH THE TERMS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NEW PUBLIC BENEFITS AGREEMENT ("NEW AGREEMENT") BETWEEN THE CITY AND 191 SW 12 OWNER, LLC ("NEW DEVELOPER"), WHEREBY THE CITY AND THE NEW DEVELOPER WILL CONSOLIDATE THEIR PROPERTIES IN ORDER TO PERMIT THE NEW DEVELOPER TO PROVIDE VARIOUS PUBLIC BENEFITS AT THE NEW DEVELOPER'S SOLE EXPENSE, INCLUDING THE DEVELOPMENT OF A NEW FIRE STATION, AND TO DEVELOP A PRIVATE MIXED-USE TOWER WITH FIRST FLOOR RETAIL AND A PARKING GARAGE, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE NEW AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE REVISIONS AND NON - SUBSTANTIVE AMENDMENTS TO SUCH NEW AGREEMENT AS NEEDED, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") is the owner of Fire Station No. 4 located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida 33130 ("City Property"); and WHEREAS, pursuant to Resolution No. 17-0330 adopted on July 13, 2017, the City and Southside Place LLC ("Original Developer') entered into that certain Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated as of February 16, 2018 ("2018 Public Benefits Agreement"); and WHEREAS, according to the 2018 Public Benefits Agreement, the Original Developer agreed to consolidate the City Property and the abutting property located at 191 Southwest 12th Street, Miami, Florida 33130 ("Abutting Property") and develop a mixed-use tower and garage in the air rights parcel in exchange for various public benefits to the City, including the development of a new state-of-the-art fire station; and WHEREAS, the City and Miami -Dade County ("County") entered into an Interlocal Agreement on August 2, 2019 ("Interlocal Agreement"), as authorized by City Resolution No. R- 613-18 adopted on July 13, 2017 and County Resolution No. 18-66 adopted on June 5, 2018; and WHEREAS, the Interlocal Agreement provides for the expansion of the County's Rapid Transit Zone to include the Brickell Station Subzone, which includes all of the property on Block City of Miami Page 1 of 3 File ID: 7219 (Revision:) Printed On: 311012020 File ID: 7219 Enactment Number: R-20-0059 85, upon which the City Property, the Abutting Property, Southside Park, and other properties are located; and WHEREAS, to date, the Original Developer has not proceeded in good faith to comply with the terms of the 2018 Public Benefits Agreement, including, but not limited to (1) failure to comply with the construction deadlines specified in the 2018 Public Benefits Agreement and (2) knowingly misrepresenting that the Original Developer was the legal owner of the Abutting Property; and WHEREAS, pursuant to the 2018 Public Benefits Agreement, the City may terminate the 2018 Public Benefits Agreement if "the City finds on the basis of competent substantial evidence that [the Original Developer] has not proceeded in good faith to comply with the terms of this Agreemen."; and WHEREAS, 191 SW 12 Owner, LLC is the contract purchaser of the Abutting Property ("New Developer'); and WHEREAS, the City intends to terminate the 2018 Public Benefits Agreement pursuant to the terms thereof and enter into a new Public Benefits Agreement ("New Agreement') with the New Developer with the intent to provide for the redevelopment of the block with a new, state of the art, high density, mixed use, transit -oriented urban development ("Project") providing much needed retail uses and amenities for the Brickell Station Subzone and surrounding urban areas; and WHEREAS, in furtherance of the New Developer's construction of the Project, the New Developer has agreed to provide the following public benefits at its sole cost and expense: (1) construct the New Fire Station at the New Developer's sole expense at an estimated cost anticipated to be not less than eight million dollars ($8,000,000.00); (2) make a cash contribution equal to two million two hundred thousand dollars ($2,200,000.00); (3) convey fifty (50) parking spaces to the City; and (4) provide streetscape improvements equal to or greater than one million dollars ($1,000,000.00), all as more particularly described in the New Agreement; and WHEREAS, the City will provide for the transfer of certain development density rights associated with the Existing Fire Station Parcel, First Miami High School, and Southside Park, as more particularly described in the New Agreement; and WHEREAS, Section 29-13(c) of the Charter of the City of Miami, Florida, as amended, provides for the waiver of competitive bidding and other requirements when "conveying property to implement projects of any governmental agency or instrumentality"; NOW, THEREFORE, BE IT RESOLVED 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 fully set forth in this Section. Section 2. The City Commission hereby finds that there is competent substantial evidence that the Original Developer has not proceeded in good faith to comply with the terms of the 2018 Public Benefits Agreement and accordingly, the City Manager is authorized' and directed to terminate the 2018 Public Benefits Agreement. City of Miami Page 2 of 3 File ID: 7219 (Revision:) Printed on: 311012020 File ID: 7219 Enactment Number: R-20-0059 Section 3. The City Manager is authorized' to execute a New Agreement, in a form acceptable to the City Attorney, between the City and the New Developer to provide public benefits as described herein. Section 4. The City Manager is authorized' to make revisions and non -substantive amendments to such New Agreement as needed, subject to the City Attorney's approval. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: i ria ndez, ity ttor ey 2/14/2020 ' 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. z 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 City Commission. City of Miami Page 3 of 3 File ID: 7219 (Revision:) Printed on: 311012020