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Home My WebLink AboutSEOPW-CRA-R-00-0011RESOLUTION NO. SEOPW/CRA R-00-11 A RESOLUTION AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") TO PROCEED WITH (i) NEGOTIATIONS WITH MARTIN Z. MARGULIES REGARDING THE DONATION OF A YOUTH TECHNOLOGY CENTER (THE "OVERTOWN YOUTH TECHNOLOGY CENTER") TO BE CONSTRUCTED IN GIBSON PARK; (ii) THE NEGOTIATION OF A LEASE BETWEEN THE CRA AND A NOT -FOR -PROFIT ORGANIZATION TO OPERATE THE OVERTOWN YOUTH TECHNOLOGY CENTER; AND (iii) NEGOTIATING A LEASE WITHIN THE CITY OF MIAMI (THE "CITY') FOR THE USE OF A PORTION OF GIBSON PARK FOR THE DEVELOPMENT OF A OVERTOWN YOUTH TECHNOLOGY CENTER. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82-755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment projects and related activities in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to lease a portion of Gibson Park from the City and cause an Overtown Youth Technology Center to be developed in Gibson Park; and WHEREAS, the CRA desires to enter into a development agreement (the "Development Agreement") with a not -for -profit corporation (the "Donor") sponsored by Martin Z. Margulies which shall be responsible for the design and construction of the Overtown Youth Technology Center; and WHEREAS, the CRA desires to lease the Overtown Youth Technology Center to a not -for -profit corporation (the "Operator"), which shall be responsible for the operation and maintenance of the Overtown Youth Technology Center. WHEREAS, the City is very supportive of the Overtown Youth Technology Center and has indicated that the City will support the efforts of the CRA with regard to the Overtown Youth Technology Center. SEOPW/CRA NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Director of Strategic Planning and Major Development of the CRA is hereby authorized to proceed with the negotiation of a lease (the "Park Lease") with the City with respect to a portion of Gibson Park, which Park Lease shall be presented to the CRA Board for approval. Section 3. The Director of Strategic Planning and Major Development of the CRA is hereby authorized to negotiate a Development Agreement with the Donor which shall incorporate the terms and provisions contained in Exhibit "A" attached hereto and made a part hereof. The Development Agreement shall be presented to the CRA Board for approval. Section 4. The Director of Strategic Planning and Major Developments of the CRA is hereby authorized to negotiate a lease (the "Operating Lease") with the Operator which shall be in accordance with the terms and provisions contained in Exhibit "B" attached hereto and made a part hereof. The Operating Lease shall be presented to the CRA Board for approval. Section 5. The resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 13th day of March, 2000. APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Legal Counsel E. Teele, Jr., Chairman a1. a02,W / C,P A�. 2 0- 11 EXHIBIT A OUTLINE OF DEVELOPMENT AGREEMENT TERMS 1. The Donor will construct, at its sole cost and expense, the Overtown Youth Technology Center containing approximately 17,000 square feet plus parking area. The proposed Overtown Youth Technology Center will include both educational and sports components. The building will contain an indoor basketball court, an exercise room as well as computer facilities, dance facilities, a library, performing arts and arts classrooms as well as rooms for writing and study areas. It is anticipated that the Overtown Youth Technology Center will cost approximately $2,725,000.00 to construct as set forth in the preliminary budget attached hereto as Exhibit A-1. 2. The design of the Overtown Youth Technology Center shall be subject to the approval of the CRA, which approval shall not be unreasonably withheld or delayed. 3. The Donor shall be responsible for all costs and expenses in connection with the design, construction and permitting of the Overtown Youth Technology Center. To the extent feasible, the CRA will make a good faith effort to cause the permit fees and impact fees associated with the Overtown Youth Technology Center to be waived. 4. The Donor will provide a 100% payment bond and a 100% performance bond with respect to the construction of the Overtown Youth Technology Center in accordance with Section 255.05 Florida Statutes or such other financial security authorized pursuant thereto. 5. Martin Margulies will execute a guaranty of the lien -free completion of the Overtown Youth Technology Center in form and substance acceptable to the CRA. 6. The Donor will provide Builders Risk Insurance with respect to the construction of the Overtown Youth Technology Center. 7. The Donor will be required to complete the construction of the Overtown Youth Technology Center within eighteen months (?) from the commencement of construction, subject to extension as a result of force majeure delays. 8. The Donor shall indemnify and hold the CRA and the City harmless with respect to the design and construction of the Overtown Youth Technology Center until the lien free completion of same as evidenced by a final certificate of occupancy and final lien waivers are obtained. yu 3 __. EXHIBIT "A-1" OVERTOWN YOUTH FACILITY CONCEPTUAL CATEGORY BUDGET UNIT UNIT COST EXTENSION 0 CATEGORY TOTALS CATEGORY DETAILS QUANTITY _— $ 847,155 Art Buildin 7,211 sf $ 00 65. $ 468,715 shell 7,211 sf sf $ 40.00 $ 288,440 . interiors 7,211 576 sf $ 50.00 $ 28.800 Art Build in Outdoor Patio 720 sf $ . 8500 $ 61.200 $1,375,440 Art Buildin Entry 10,952 sf $ 87 3,160 G mnasium 10,952 sf $ 80.00 $ 438,080 shell interiors 10.952 sf f $ 40.00 85.00 $ 61,200 Gymnasium Entry720 s $ 253,825 Sitework 11,153 s f $ 20.00 $ 223,060 Parkin Area 6,153 sf $ 5.00 $ 30,765 $2 476 420 Sidewalks onsite _ _.____ ____—__-�— - $ 2,47G,420 Subtotal — $ 247,642 247,642 Contingency 10°�0 __— _ -- -------� $ 149.9g $ 4j, 724 0G2 $2 724 062 HARD COST BUDGET 18,1G3 sf and deductibles, testing, utility and governmental Excludes all design g fees, builders risk insurance premiums "7 deposits. Assumes standard spread footings. . a- ti 3fi9li P'T4IA1 11911,138 v1 EXHIBIT B OUTLINE OF MAJOR OPERATING LEASE TERMS 1. The Operator will be a not -for -profit corporation to be formed having, as its Board of Trustees, community business leaders who will play a major role in the management operation and financing of the Overtown Youth Technology Center. The -Donor shall be able to appoint two (2) members to serve on the Board of Trustees. 2. The Operating Lease shall be for an initial term of five years with five (5) renewal options each of five (5) years. 3. The Operating Lease will require the Operator to be responsible for all costs associated with the operation and maintenance of the Overtown Youth Technology Center. A draft of,the Overtown Youth Technology Center operating budget is attached as Exhibit "B-1." There will be no rent charged under the Lease. 4. The Operating Lease will require the Operator to provide insurance in such forms and amounts as may be reasonably required by the CRA. 5. The Operator will be required to maintain capital repair and replacement reserve accounts in such amounts as may be reasonably required by the CRA. Upon the termination of the Operating Lease, the Operator shall be required to deliver to the CRA all funds remaining in the capital repair and replacement reserve account. 6. The Operator will commit to the undertaking of fund raising activities to generate funds to support the operation and maintenance of the Overtown Youth Technology Center. 7. The Overtown Youth Technology Center will be utilized primarily for children from the ages of 9 through 15 residing in the Overtown area. 8. The Overtown Advisory Board of the City of Miami shall have the right advise the Operator regarding youth development programs at the Overtown Youth Technology Center. 9. The Operator will indemnify and hold the CRA and the City harmless with respect to the operation of the Overtown Youth Technology Center. SEOPW/CXA � A 4 ►_ 11 10. The CR.A shall utilize its good faith efforts to assist the Operator to coordinate activities with the City of Miami Police Department to provide adequate police protection with respect to the Overtown Youth Technology Center. 11. The CR.A will have reasonable advisory rights with respect to the annual operating budget for the Overtown Youth Technology Center, although the ultimate control of the budget shall rest with the Operator. 12. The Youth Technology Center shall be named the "Overtown Youth Technology Center." NIIA1 #911361 v6 SEOPW/CRA 5 5_ EXHIBIT "B-1" DRAFT OPERATING BUDGET CATEGORIES (Costs Example Only) PERSONNEL Director 35,000 Secretary, Administrative 20,000 Director of Media & Programs 25,000 Director of Athletics 25,000 Secretary 20,000 Bus Driver 22,000 Fringe Benefits 32,340 UTILITIES Water 3,000 Electric 42,000 Telephone 10,000 SUPPLIES Art, Computer, Videos, Hardware, Software 25,000 Athletic (sponsor) 20,000 PROGRAMS & EVENTS Basketball League 20,000 Dances 5,000 Parties 5,000 TRAVEL & AWARDS 30,000 CONSULTANT Child Development 5,000 Trainers 5,000 Teachers 20,000 MAINTENANCE Paint 3,000 Grass 3,000 Trash Collection 3,000 MIA1 #911420 v1 SEOPW/CRA e EXHIBIT A OUTLINE OF DEVELOPMENT AGREEMENT TERMS 1. The Donor will construct, at its sole cost and expense, the Overtown Youth Technology Center containing approximately 17,000 square feet plus parking area. The proposed Overtown Youth Technology Center will include both educational and sports components. The building will contain an indoor basketball court, an exercise room as well as computer facilities, dance facilities, a library, performing arts and arts classrooms as well as rooms for writing and study areas. It is anticipated that the Overtown Youth Technology Center will cost approximately $2,725,000.00 to construct as set forth in the preliminary budget attached hereto as Exhibit A-1. 2. The design of the Overtown Youth Technology Center shall be subject to the approval of the CRA, which approval shall not be unreasonably withheld or delayed. 3. The Donor shall be responsible for all costs and expenses in connection with the design, construction and permitting of the Overtown Youth Technology Center. To the extent feasible, the CRA will make a good faith effort to cause the permit fees and impact . fees associated with the Overtown Youth Technology Center to be waived. 4. The Donor will provide a 100% payment bond and a 100% performance bond with respect to the construction of the Overtown Youth Technology Center in accordance with Section 255.05 Florida Statutes or such other financial security authorized pursuant thereto. 5. Martin Margulies will execute a guaranty of the lien -free completion of the Overtown Youth Technology Center in form and substance acceptable to the CRA. 6. The Donor will provide Builders Risk Insurance with respect to the construction of the Overtown Youth Technology Center. 7. The Donor will be required to complete the construction of the Overtown Youth Technology Center within eighteen months (?) from the commencement of construction, subject to extension as a result of force majeure delays. 8. The Donor shall indemnify and hold the CRA and the City harmless with respect to the design and construction of the Overtown Youth Technology Center until the lien free completion of same as evidenced by a final certificate of occupancy and final lien waivers are obtained. A - EXHIBIT "A-1" OVERTOWN YOUTH FACILITY CONCEPTUAL CATEGORY BUDGET UNIT COST EXTENSION CATEGORY TOTALS CATEGORY DETAILS QUANTITY UNIT $ 847,155 Art Buildino 7,211 sf $ 65.00 $ 468,715 shell 7,211 sf $ 40.00 $ 288,440 7,211 sf interiors Art Building Outdoor Patio 576 sf $ 50.00 $ 28,800 Art Building Entry 720 sf $ 85.00 $ 61,200 $1,375,440 Gymnasium 10,952 10,952 sf sf $ 80.00 $ 876,160 shell interiors 10,952 sf $ 40.00 $ 438,080 G mnasium Entry720 sf $ 85.00 $ 61,200 $ 253,825 Sitework 11,153 sf $ 20.00 $ 223,060 Parkin Area Sidewalks onsite 6,153 sf $ 5.00 $ 30,765 $ 2,476,420 $ 2 476 420 Subtotal $ 247,642 247,642 Contingency 10z sf $2 724 062 $ 149.98 $ 22,7249062 18,163 HARD COST BUDGET 'b design fees, builders risk insurance premiums and deductibles, testing, utility � and governmental Excludes all deposits. Assumes standard spread footings. i MIA111911,138 v1 F� EXHIBIT B OUTLINE OF MAJOR OPERATING LEASE TERMS 1. The Operator will be a not -for -profit corporation to be formed having, as its Board of Trustees, community business leaders who will play a major role in the management operation and financing of the Overtown Youth Technology Center. The Donor shall be able to appoint two (2) members to serve on the Board of Trustees. 2. The Operating Lease shall be for an initial term of five years with five (5) renewal options each of five (5) years. 3. The Operating Lease will require the Operator to be responsible for all costs associated with the operation and maintenance of the Overtown Youth Technology Center. A draft of the Overtown Youth Technology Center operating budget is attached as Exhibit "B-1." There will be no rent charged under the Lease. 4. The Operating Lease will require the Operator to provide insurance in such forms and amounts as may be reasonably required by the CRA. 5. The Operator will be required to maintain capital repair and replacement reserve accounts in such amounts as may be reasonably required by the CRA. Upon the termination of the Operating Lease, the Operator shall be required to deliver to the CR-A all funds remaining in the capital repair and replacement reserve account. 6. The Operator will commit to the undertaking of fund raising activities to generate funds to support the operation and maintenance of the Overtown Youth Technology Center. 7. The Overtown Youth Technology Center will be utilized primarily for children from the ages of 9 through 15 residing in the Overtown area. 8. The Overtown Advisory Board of the City of Miami shall have the right advise the Operator regarding youth development programs at the Overtown Youth Technology Center. 9. The Operator will indemnify and hold the CRA and the City harmless with respect to the operation of the Overtown Youth Technology Center. 4 8B®PW/CRA 10. The CRA shall utilize its good faith efforts to assist the Operator to coordinate activities with the City of Miami Police Department to provide adequate police protection with respect to the Overtown Youth Technology Center. 11. The CRA will have reasonable advisory rights with respect to the annual operating budget for the Overtown Youth Technology Center, although the ultimate control of the budget shall rest with the Operator. 12. The Youth Technology Center shall be named the. "Overtown Youth Technology Center." NIIA1 #911361 v5 5 EXHIBIT "B-1" DRAFT OPERATING BUDGET CATEGORIES (Costs Example Only) PERSONNEL Director 35,000 Secretary, Administrative 20,000 Director of Media & Programs 25,000 Director of Athletics 25,000 Secretary 20,000 Bus Driver 22,000 Fringe Benefits 32,340 UTILITIES Water 3,000 Electric 42,000 Telephone 10,000 SUPPLIES Art, Computer, Videos, Hardware, Software 25,000 Athletic (sponsor) 20,000 PROGRAMS & EVENTS Basketball League 20,000 Dances 5,000 Parties 5,000 TRAVEL & AWARDS 30,000 CONSULTANT Child -Development 5,000 Trainers 5,000 Teachers 20,000 MAINTENANCE Paint 3,000 Grass 3,000 Trash Collection 3,000 MIA1 #911420 v1 r CO SEOPW/CRA