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HomeMy WebLinkAboutSEOPW OMNI CRA 2001-10-25 MinutesCITY OF MIAMI CRA MEETING MINUTES OF MEETING HELD ON OCTOBER 25, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 251" day of October 2001, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:08 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Vice Chairman Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5 ALSO PRESENT: Carlos Gimenez, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Scheider, Assistant City Clerk 1 October 25, 2001 V Chairman Teele: Come on. Walter J. Foeman (City Clerk): Vice Chair Winton? Vice Chairman Winton: Yes. Mr. Foeman: Chairman Teele? Chairman Teele: Present. Call everybody's name. Mr. Foeman: OK. Board Member Regalado? Board Member Sanchez? Chairman Teele: He said, "yes." Mr. Foeman: OK. Chairman Teele: All right. We have a quorum. (At this time, the Community Redevelopment Agency convened in special session at 9:19 a.m., with all members of the Board found to be present, except Vice Chairman Gort and Commissioner Sanchez) 1. DIRECT EXECUTIVE DIRECTOR OF COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR SOUTHEAST OVERTOWN/PARK WEST DISTRICT TO PROPOSE COUNTER SETTLEMENT TO ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION AND RELATED GROUP OF FLORIDA OF EXISTING LITIGATION IN CONNECTION WITH CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S, INC. WITH STIPULATIONS. Chairman Teele: Mr. Attorney, would you please read into the record that the CRA (Community Redevelopment Agency) has called a special meeting, to convene at 8:55, under the parameters of the appropriate Florida Statute? The persons at the meeting will be all of the CRA Board Members, as well as any other staff, as directed, including the City Manager. The purpose of the meeting is to discuss matters relating to Attorney/Client privileges under the law, relating to Sawyer's Walk and Lyric Village. At this time, Mr. Attorney, would you read any additional information into the record? Alejandro Vilarello (City Attorney): Yes. This is an executive session, pursuant to Florida Statute 286.011, Subsection 8, regarding two cases involving the Southeast Overtown/Park West Community Redevelopment Agency versus Sawyer's Walk, and Southeast Overtown/Park West Community Redevelopment Agency versus Lyric Village, here in Dade County -- both cases filed here in Dade County, Florida, in which the CRA is presently a party. The closed -door session will begin at approximately 9:22 a.m., and conclude approximately a half an hour later. The session will be attended by members of the CRA Board: Wifredo Gort, Joe Sanchez, Tomas Regalado, Arthur Teele, Johnny Winton, the CRA Executive Director, Annette Lewis; myself, 2 October 25, 2001 W the City Attorney, Alex Vilarello, Assistant City Attorney, Ilene Temchin, and attorneys William Bloom and Susan Aprill, Special Counsel to the CRA. A certified court reporter will be present to ensure that the session is fully transcribed, and said transcription will be made public upon the conclusion of the above -cited ongoing litigation. Please be further advised that, at the conclusion of the Attorney/Client session, the CRA will reopen the meeting, and the Chairman will announce the termination of the Attorney/Client session. Chairman Teele: Mr. Attorney, would you also extend to the City Manager the notice of the meeting -- the attendees to the meeting? Mr. Vilarello: To attend the meeting? No, he cannot attend the meeting. Chairman Teele: OK. Mr. Vilarello: But I will give him a copy of the notice. Chairman Teele: All right. This session is adjourned to -- Mr. Vilarello: Reconvene. Chairman Teele": -- reconvene to Commissioner Gort's conference room. THEREUPON, THE MEETING OF THE CRA RECESS INTO EXECUTIVE SESSION AT 9:22 AM AND RECONVENED ITS REGULAR BOARD MEETING AT 10:15 AM, WITH ALL MEMBERS OF THE CRA BOARD FOUND TO BE PRESENT, EXCEPT BOARD MEMBER GORT AND BOARD MEMBER SANCHEZ. Chairman Teele: The Board meeting of the Southeast Overtown/Park West and Omni Redevelopment Districts is called to order. Mr. Vilarello: Mr. Chairman, at this time we want to close the executive session on both the CRA versus Sawyer's Walk and CRA versus Lyric Village. And we have an announcement to make, and a resolution for the CRA to adopt, with regard to the litigation involving the Lyric Village. Mr. Bloom. Chairman Teele: Mr. Bloom. William R. Bloom (Special Counsel/CRA): In connection with the pending litigation -- Chairman Teele: Mr. Bloom, just state your name and title for the record. Mr. Bloom: William R. Bloom of Holland & Knight, Special Counsel -- Chairman Teele: Ladies and gentlemen, could we get a little order, please, please, please? Thank you. Go right ahead. 3 October 25, 2001 m Mr. Bloom: William R. Bloom, Special Counsel to the CRA, 701 Brickell Avenue. In connection with case number 00-30414 CA-13, styled City of Miami and Southeast Overtown/Park West Community Redevelopment Agency versus Lyric Village Housing, Inc., and St. John's Community Development Corporation, Inc., we would propose a settlement -- counter-settlement proposal be made by the CRA and the City to St. John's Community Development Corporation and Related Group of Florida, which provides as follows: The City of Miami and the CRA would be willing to settle the existing litigation -- [At this time, Board Members Gort and Sanchez entered the Commission Chambers at 10:17 a.m.] Mr. Vilarello: This would be -- you need to speak into the microphone. And this would be a resolution of the CRA Board only. Mr. Bloom: This is a resolution of the CRA Board only, authorizing the CRA to make a settlement proposal to St. John's Community Development Corporation, and Related Properties of Florida; that the CRA will move forward with the transaction contemplated by the RFQ done by the CRA in 1996, provided that the entity that the CRA would be contracting with, St. Johns Community Development Corporation and the Related Group of Florida, would be the same legal entity that responded to the RFQ; that within 90 days from the execution of the settlement, the venture would obtain a term sheet from a lender, provide construction, financing, for the entire cost of the project, at a minimum amount of $4,100,000; that George Perez of the Related Group would commit, in writing, to satisfy any guarantee requirements of the lender, as reflected in the term sheet; that the joint venture would provide evidence to the CRA that it had equity available to satisfy the requirements of the lender, as reflected in the term sheet for the loan; that the joint venture, within 90 days of the CRA's approval of the term sheet, obtain a binding, a loan commitment for the construction of the project; that the closing would occur between the joint venture and the CRA within 30 days of the loan commitment being obtained; that the CRA and the joint venture would agree on performance requirements for the completion of the project, and that the joint venture would forfeit the land if it did not meet those performance requirements. The parties would exchange mutual releases with respect to the existing litigation; that the CRA would take no responsibility for platting the property. That would be the obligation of the developer, and the joint venture would have to satisfy itself that the home funds previously allocated to the project in the amount of $500,000 and the CDBG funds allocated to the project in the amount of $500,000 was still available for the project, or obtain alternate financing. The documentation in connection with the settlement would have to be in form and substance acceptable to the City Attorney and the CRA Board. That would be the proposed resolution. Chairman Teele: Is there a motion? Board Member Regalado: Move it. Chairman Teele: Second? Board Member Gort: Second. 4 October 25, 2001 Chairman Teele: It's been moved and seconded. Is there discussion? Mr. Vilarello: This is CRA. Mr. Bloom: This is CRA Board. Chairman Teele: This is CRA. Board Member Gort: The CRA. Mr. Vilarello: Resolution. Vice Chairman Winton: We're acting as the CRA. Board Member Gort: CRA. Mr. Vilarello: Only. Chairman Teele: We're acting as the CRA. And I'm going to ask the City Attorney, if you would prepare a pocket item, later on today, for the City Commission to consider this matter. Mr. Vilarello: Mr. Chairman, I've instructed staff to prepare a resolution for a future City Commission meeting -- Chairman Teele: Future meeting. Mr. Vilarello: -- so that we would have an opportunity to brief the Manager with regard to these issues, which we have not, at this point, been able to do. Chairman Teele: That's fine. All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. Chairman Teele: Those opposed have the same right. 5 October 25, 2001 The following motion was introduced by Board Member Tomas Regalado, who moved for its adoption: MOTION NO. SEOPW/CRA M-0I-127 A MOTION AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY (HEREINAFTER REFERRED TO AS "CRA") FOR THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT TO PROPOSE A COUNTER SETTLEMENT TO ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION AND RELATED GROUP OF FLORIDA OF EXISTING LITIGATION IN CONNECTION WITH CASE NUMBER 00-30414-CA13 CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S, INC. WITH THE FOLLOWING STIPULATIONS: (1) THE CRA WILL PROCEED WITH TRANSACTION CONTEMPLATED BY THE REQUEST FOR QUALIFICATIONS (RFQ) ISSUED BY THE CRA IN CALENDAR YEAR 1996, PROVIDED THAT THE ENTITY THE CRA WILL BE CONTRACTING WITH, NAMELY, ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION AND RELATED GROUP OF FLORIDA, IS THE SAME LEGAL ENTITY THAT RESPONDED TO THE RFQ; (2) WITHIN 90 DAYS FROM THE EXECUTION DATE OF THE SETTLEMENT, THE VENTURE WOULD OBTAIN A TERM SHEET FROM THE LENDER OF CONSTRUCTION, FINANCING FOR THE ENTIRE COST OF THE PROJECT, AT A MINIMUM AMOUNT OF $1,400,000; (3) GEORGE PEREZ OF THE RELATED GROUP MUST COMMIT IN WRITING TO SATISFY ANY GUARANTEE REQUIREMENTS OF THE LENDER AS MORE PARTICULARLY DEFINED IN THE TERM SHEET; (4) THE AFOREMENTIONED JOINT VENTURE MUST PROVIDE EVIDENCE TO THE CRA THAT IT HAS EQUITY AVAILABLE TO SATISFY THE REQUIREMENTS OF THE LENDER AS REFLECTED IN THE TERM SHEET FOR THE LOAN; (5) SAID JOINT VENTURE WOULD, WITHIN 90 DAYS OF THE CRA'S APPROVAL OF THE TERM SHEET, OBTAIN A BINDING LOAN COMMITMENT FOR THE CONSTRUCTION OF THE PROJECT; (6) THE CLOSING WILL OCCUR BETWEEN THE JOINT VENTURE AND THE CRA WITHIN 30 DAYS OF THE LOAN COMMITMENT BEING OBTAINED; (7) THE CRA AND THE JOINT VENTURE WILL AGREE ON PERFORMANCE REQUIREMENTS FOR THE COMPLETION OF THE PROJECT; (8) THE JOINT VENTURE WILL FORFEIT THE LAND IF IT DOES NOT MEET THOSE PERFORMANCE REQUIREMENTS; (9) THE PARTIES WOULD EXCHANGE MUTUAL RELEASES OF EXISTING LITIGATION; (10) THE CRA WILL TAKE NO RESPONSIBILITY FOR PLATTING THE PROPERTY, THAT WILL BE THE OBLIGATION OF THE DEVELOPER; (11) THE JOINT VENTURE WILL SATISFY ITSELF THAT THE $500,000 FROM HOME FUNDS AND THE $500,000 FROM CDBG FUNDS PREVIOUSLY ALLOCATED TO THE PROJECT ARE STILL 6 October 25, 2001 AVAILABLE FOR THE PROJECT, OR OBTAIN ALTERNATE FINANCING; (12) DOCUMENTATION IN CONNECTION WITH THE PROPOSED SETTLEMENT IS TO BE IN A FORM AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE CRA BOARD. Upon being seconded by Board Member Wifredo Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny Winton NAYS: None ABSENT: None Chairman Teele: All right. Mr. Bloom: Thank you. Chairman Teele: Is there any other matter to come before the Board? Mr. Vilarello: No, sir. Chairman Teele: The meeting of Monday, October 291h, has been postponed? And then postpone -- Vice Chairman Winton: What, the CRA? Chairman Teele: CRA meeting, right. Vice Chairman Winton: Is that this coming Monday? Chairman Teele: Yes. Mr. Bloom: And the next meeting is November 191h Chairman Teele: Out of deference to activities that are going on in the community. All right. Further discussion? All those -- motion to adjourn. Vice Chairman Winton: So moved. Board Member Sanchez: Second. 7 October 25, 2001 Board Member Gort: Moved. Second. Chairman Teele: All in favor? The Board Members (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. SEOPW/CRA-0 I - 128 A MOTION TO ADJOURN TODAY' S MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny Winton NAYS: None ABSENT: None Chairman Teele: The meeting is adjourned. 8 October 25, 2001 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMUNITY REDEVELOPMENT AGENCY, THE MEETING WAS ADJOURNED AT 10:20 A.M. ATTEST: Walter J. Foeman CITY CLERK Sylvia S. Scheider ASSISTANT CITY CLERK (SEAL) JOE CAROLLO MAYOR 9 October 25, 2001 RECEIPT DATE: January 8, 2003 SUBJECT: Minutes for the October 25, 2001, CRA Meeting. MAYOR DIAZ VICE CHAIRMAN WINTON COMMISSIONER GONZALEZ COMMISSIONER SANCHEZ CHAIRMAN REGALADO COMMISSIONER TEELE CITY MANAGER Received By: =h er . 0IF- ICe