HomeMy WebLinkAboutR-21-0341City of Miami
tn�l6_OF
Fa. V Legislation
*tliti fill! IiRl 11 +*�
Resolution: R-21-0341
File Number: 9551
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY AND BOND COUNSEL, AN AMENDMENT TO THE
EXISTING LEASE AGREEMENT ("AGREEMENT") FOR THE CITY -OWNED
PROPERTY LOCATED AT 450 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, MORE COMMONLY KNOWN AS GIBSON PARK ("PROPERTY"),
BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH
CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT -FOR -
PROFIT CORPORATION, IN ORDER TO EXPAND THE PERMITTED USES
PURSUANT TO THE AGREEMENT TO ALLOW THE OVERTOWN YOUTH
CENTER THE ABILITY TO USE THE PROPERTY FOR CHARTER OR
PRIVATE SCHOOL PURPOSES, SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH
ANY APPLICABLE FEDERAL INCOME TAX RULES AND REGULATIONS
REGARDING THE PRIVATE USE OF FACILITIES FINANCED WITH TAX-
EXEMPT BONDS; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND
BOND COUNSEL, TO EFFECTUATE THE SAME.
SPONSOR(S): Commissioner Jeffrey Watson
WHEREAS, the City of Miami ("City") owns the property located at 450 Northwest 141n
Street, Miami, Florida, commonly known as Gibson Park ("Property"); and
WHEREAS, the City and the Overtown Youth Center, Inc., a Florida not -for -profit
corporation ("Overtown Youth Center'), entered into a Lease Agreement dated February 28,
2001 ("Lease") for the use of approximately fifty-seven thousand three hundred sixteen (57,316)
square feet of the Property for the non-exclusive provision of public educational and recreational
opportunities, excluding the use of the property for Charter or Private School purposes, at no
cost, to the inner -City youth and their families residing in the Overtown area; and
WHEREAS, said Lease was executed in compliance with Internal Revenue Service Safe
Harbor Rules and pursuant to Section 29-B of the Charter of the City of Miami, Florida, as
amended ("City Charter"), granting an exemption from the competitive bidding process
established for disposition of property to implement projects authorized under the Florida
Community Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes,
as amended; and
WHEREAS, the City and Overtown Youth Center (collectively, "Parties") previously
entered into amendments to the Lease dated June 6, 2016 ("Amendment No. 1 "), January 8,
2019 ("Amendment No. 2"), and January 7, 2020 ("Amendment No. 3) which collectively
extended the term of the Lease through May 31, 2075 (collectively, "Amendments"); and
City of Miami Page 1 of 2 File ID: 9551 (Revision:) Printed On: 912212021
File ID: 9551 Enactment Number: R-21-0341
WHEREAS, Amendment No. 3 enabled Overtown Youth Center to make substantial
capital improvements to the Property, including the design, permitting, construction, and
operation of a new approximately sixty-two thousand six hundred twenty (62,620) square -foot,
three-story academic, enrichment, and administration building on the Property ("New Facility"),
all according to the terms set forth in Amendment No. 3; and
WHEREAS, Resolution No. R-19-0441 adopted on November 21, 2019 prohibited the
use of the Property for charter or private school purposes; and
WHEREAS, the Parties desire to further amend the Lease to expand the permitted uses
provided in the Lease to include the provision of a non-profit charter or private school, subject to
all applicable laws, including, without limitation, any applicable federal income tax rules and
regulations regarding the private use of facilities financed with tax-exempt bonds;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute, in a form
acceptable to the City Attorney and Bond Counsel, a fourth amendment to the Lease to expand
the permitted uses in the Lease to allow the Overtown Youth Center to use the Property for non-
profit charter or private school purposes, subject to all applicable laws, including but not limited
to, compliance with applicable federal income tax rules and regarding the private use of facilities
financed with tax-exempt bonds.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney and Bond Counsel, to
effectuate the same.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
r
i t6ria i nd" ez, City Attor iey 9/1/2021
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 9551 (Revision:) Printed on: 912212021