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Home My WebLink AboutCC 2022-04-28 Marked AgendaCity Commission Marked Agenda April 28, 2022 City of Miami Marked Agenda IB-S6 City Commission Thursday, April 28, 2022 Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk 2:00 PM 2:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE City Hall 3500 Pan American Drive Miami, FL 33133 https://miam ifl. iqm 2. com City Hall Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes Note for the Record. Vice Chair Carollo entered the Commission chambers at 3:15 p. m. On the 28th day of April, 2022, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The Commission Meeting was called to order by Chairwoman King at 3:07 p.m., recessed at 7.50 p.m., reconvened at 8:38 p.m., and adjourned at 8:44 p.m. ALSO PRESENT.• Arthur Noriega, V, City Manager Victoria Mindez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY PUBLIC COMMENT FOR ALL ITEM(S) 11928 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE APRIL 28, 2022 SPECIAL CITY COMMISSION MEETING. RESULT: PRESENTED City of Miami Page I Printed on 0510312022 City Commission Marked Agenda April 28, 2022 SP - SPECIAL MEETING SPA DISCUSSION ITEM 11715 A DISCUSSION ITEM TO CONSIDER AND TAKE ANY AND ALL Commissioners ACTIONS RELATED TO THE PROPOSED LEASE FOR THE MIAMI and Mayor FREEDOM PARK (MFP) PROJECT RESULT: DISCUSSED 11637 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE PURSUANT TO SECTION 29-B(F) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE FOR THE MIAMI FREEDOM PARK SOCCER STADIUM IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("STADIUM LEASE") BETWEEN THE CITY OF MIAMI ("CITY') AND MIAMI FREEDOM PARK, LLC ("MFP") WHEREBY THE CITY SHALL LEASE APPROXIMATELY TWELVE (12) ACRES OF CITY -OWNED PROPERTY IDENTIFIED AS PARCEL 1 IN THE SURVEY ATTACHED AND INCORPORATED AS EXHIBIT A ("STADIUM PROPERTY') WITHIN THE CITY -OWNED PROPERTY LOCATED GENERALLY AT 1400 NW 37 AVE ("PARENT TRACT') TO MFP FOR AN INITIAL TERM OF THIRTY (30) YEARS WITH TWO (2) ADDITIONAL OPTIONS TO RENEW FOR A TOTAL TERM NOT TO EXCEED NINETY-NINE (99) YEARS, WITH AN ANNUAL RENT EQUAL TO SEVENTY FIVE THOUSAND DOLLARS ($75,000) DURING THE CONSTRUCTION PERIOD AND INCREASING TO FIVE HUNDRED EIGHTY EIGHT THOUSAND SEVENTY-NINE DOLLARS ($588,079) AFTER THE CONSTRUCTION PERIOD AS FURTHER DEFINED IN THE STADIUM LEASE, PROVIDING FOR THE DEVELOPMENT AND LEASE OF AN APPROXIMATELY TWENTY-FIVE THOUSAND (25,000) SEAT SOCCER STADIUM AND RELATED FACILITIES, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE STADIUM LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE FOR THE MIAMI FREEDOM PARK COMMERCIAL DEVELOPMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("COMMERCIAL LEASE") BETWEEN THE CITY AND MFP WHEREBY THE CITY SHALL LEASE APPROXIMATELY SIXTY-ONE (61) ACRES OF CITY - OWNED PROPERTY IDENTIFIED AS PARCEL 1 AND PARCEL 2 IN THE SURVEY ATTACHED AND INCORPORATED AS EXHIBIT B ("COMMERCIAL PROPERTY') WITHIN THE PARENT TRACT TO MFP FOR AN INITIAL TERM OF THIRTY-NINE (39) YEARS WITH TWO (2) ADDITIONAL THIRTY (30) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM NOT TO EXCEED NINETY-NINE (99) YEARS, WITH AN ANNUAL RENT EQUAL TO FOUR HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($425,000) DURING THE CONSTRUCTION PERIOD AND INCREASING AFTER THE CONSTRUCTION PERIOD TO THE GREATER OF TWO MILLION NINE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED EIGHTY-SIX DOLLARS ($2,989,286) OR FIVE PERCENT (5%) OF Citv of Miami Page 2 Printed on 0510312022 City Commission Marked Agenda April 28, 2022 GROSS REVENUES AS FURTHER DEFINED IN THE COMMERCIAL LEASE, PROVIDING FOR THE DEVELOPMENT OF A MINIMUM OF ONE MILLION (1,000,000) SQUARE FEET OF OFFICE, RETAIL AND ENTERTAINMENT USES AND SEVEN HUNDRED FIFTY (750) HOTEL ROOMS AND CONFERENCE SPACE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE COMMERCIAL LEASE;AFTER THE CONSTRUCTION PERIOD THE COMBINED ANNUAL RENT OF THE STADIUM LEASE AND COMMERCIAL LEASE SHALL NOT BE LESS THAN THREE MILLION FIVE HUNDRED SEVENTY SEVEN THOUSAND THREE HUNDRED AND SIXTY-FIVE DOLLARS ($3,577,365); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION ADMINISTRATION AGREEMENT ("CAA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY, MFP, AND INTER MIAMI STADIUM, LLC WHICH SHALL GOVERN THE CONSTRUCTION AND DEVELOPMENT OF THE STADIUM, COMMERCIAL DEVELOPMENT, AND PUBLIC BENEFITS UPON AND AROUND THE PARENT TRACT AND WHICH SHALL PROVIDE FOR MFP TO DEVELOP A FIFTY-EIGHT (58) ACRE PUBLIC PARK, PROVIDING FOR MFP TO CONTRIBUTE TWENTY MILLION DOLLARS ($20,000,000.00) TO BE UTILIZED BY THE CITY FOR THE ADJACENT PUBLIC PARK AND FIVE MILLION DOLLARS ($5,000,000) TO BE UTILIZED BY THE CITY FOR THE BENEFIT OF THE BAYWALK-RIVERWALK, FURTHER PROVIDING FOR MFP TO REMEDIATE THE ENTIRE PARENT TRACT IN ORDER TO RECEIVE A NO FURTHER ACTION DETERMINATION, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE CAA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON -RELOCATION AGREEMENT ("NON - RELOCATION AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY, MFP, AND INTER MIAMI CF, LLC ("TEAM") WHEREBY THE TEAM SHALL PLAY AT THE NEWLY CONSTRUCTED SOCCER STADIUM FOR A MINIMUM OF THIRTY (30) YEARS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE NON -RELOCATION AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE AGREEMENTS STATED HEREIN. ENACTMENT NUMBER: R-22-0156 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Citv of Miami Page 3 Printed on 0510312022 City Commission Marked Agenda April 28, 2022 SP.3 RESOLUTION 11716 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE and Mayor WAIVING COMPETITIVE BIDDING, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("CONSTRUCTION EASEMENT AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FAVOR OF MIAMI FREEDOM PARK, LLC, A LIMITED LIABILITY COMPANY ("MFP"), FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-EIGHT (58) ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY WITHIN A PORTION OF LAND LOCATED AT 1400 NORTHWEST 37 AVENUE, MIAMI, FLORIDA ("PARENT TRACT'), AS MORE PARTICULARLY DESCRIBED IN THE SURVEY ATTACHED AND INCORPORATED AS EXHIBIT A, FOR THE LIMITED PURPOSE OF CONSTRUCTION AND STAGING FOR THE DEVELOPMENT OF THE DEMISED PROPERTY IMPROVEMENTS AND PARK IMPROVEMENTS AS DEFINED IN AND PURSUANT TO THE CONSTRUCTION ADMINISTRATION AGREEMENT BETWEEN THE CITY, MFP, AND INTER MIAMI STADIUM, LLC ("CAA') AUTHORIZED BY THE CITY COMMISSION FOR NEGOTIATION AND EXECUTION BY THE CITY MANAGER SIMULTANEOUSLY WITH THIS CONSTRUCTION EASEMENT AGREEMENT, FOR A TERM NOT TO EXCEED THE EARLIER OF (1) TERMINATION OF THE CAA OR (2) AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND MFP, PROVIDING THAT UPON COMPLETION OF THE PARK IMPROVEMENTS, THE SCOPE OF THE CONSTRUCTION EASEMENT AGREEMENT SHALL BE REDUCED TO ONLY THAT ACCESS REASONABLY NECESSARY TO COMPLY WITH THE ENVIRONMENTAL COMPLIANCE PROVISIONS CONTAINED IN THE CAA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INGRESS, EGRESS, AND UTILITY EASEMENT AGREEMENT ("ACCESS AND UTILITY EASEMENT AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FAVOR OF MFP, PROVIDING FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF A COMBINED TOTAL OF APPROXIMATELY ELEVEN (11) ACRES WITHIN THE PARENT TRACT, AS MORE PARTICULARLY DESCRIBED IN THE SURVEYS ATTACHED AND INCORPORATED AS EXHIBIT B, FOR THE LIMITED PURPOSE OF PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, AND FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC INFRASTRUCTURE, FURTHER PROVIDING FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF A COMBINED TOTAL OF APPROXIMATELY ONE- HALF (1/2) ACRE WITHIN THE PARENT TRACT, AS MORE PARTICULARLY DESCRIBED IN THE SURVEYS ATTACHED AND INCORPORATED AS EXHIBIT C, FOR THE LIMITED PURPOSE OF PEDESTRIAN INGRESS AND EGRESS AND CONSTRUCTION OPERATION AND MAINTENANCE OF THE PEDESTRIAN BRIDGE, FOR A TERM NOT TO EXCEED THE LATER OF (1) THIRTY-NINE (39) YEARS FROM THE LEASE COMMENCEMENT DATE, AS DEFINED IN THE COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY AND MFP ("COMMERCIAL LEASE") AUTHORIZED BY THE CITY COMMISSION FOR NEGOTIATION AND EXECUTION BY THE CITY MANAGER SIMULTANEOUSLY WITH THIS ACCESS Citv of Miami Page 4 Printed on 0510312022 City Commission Marked Agenda April 28, 2022 ADJOURNMENT AND UTILITY EASEMENT AGREEMENT OR (2) EXPIRATION OF THE TERM OF ANY SUBLEASE IN EFFECT AND SUBJECT TO A NON -DISTURBANCE AGREEMENT, AS DEFINED IN THE COMMERCIAL LEASE. ENACTMENT NUMBER: R-22-0157 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla ABSENT: Reyes END OF SPECIAL MEETING The meeting adjourned at 8: 44 p.m. Citv of Miami Page 5 Printed on 0510312022