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HomeMy WebLinkAboutAgenda Item Cover PageCA ,v Og AGENDA ITEM COVER PAGE lIIIII 111"° ' File ID: #9551 � 11 1 F Lo $t9 Resolution Sponsored by: Commissioner Jeffrey Watson 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. GSY v City of Miami City Hall is°°u f°ATt° 3500 Pan American Drive Legislation Miami, FL 33133 o"g a � www.miamigov.com Resolution Enactment Number: R-21-0341 File Number: 9551 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. 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 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: 1 i 4naindez, City Attor ey 9/1/2021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.