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HomeMy WebLinkAboutSEOPW OMNI CRA 2002-04-25 Marked Agenda SpecialSoutheast Overtown/Park West Community Redevelopment Agency www.miami-cra.org REVISED OF THE CRA BOARD OF DIRECTORS RECOMMENDATIONS AND ISSUES RELATED TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) AGENDA Miami City Hall (City Chambers) 3500 Pan American Drive Miami, Florida 33131 Thursday, April 25, 2002 5:00 pm This special meeting is called by the Chairman of the CRA to consider the recommendations of the Executive Director and Special Counsel regarding all issues on this special item agenda, and all such issues we hereby deem to be public hearing issues. TERMS AND CONDITIONS OF THE REVISED LETTER OF INTENT Resolution of the Board of Directors of the CRA accepting the legal opinion regarding the power of the Southeast Overtown/Parkwest CRA to enter into certain transactions involving real property within the redevelopment area to achieve the Phase I Program of the redevelopment plan of the CRA, or outside the Redevelopment Area pursuant to Florida Statutes § 163.370(k) and § 163.3 80 as applicable. 2. Resolution of the Board of Directors of the CRA acknowledging the original Letter of Intent (LOI) entered into by and between Charity Unlimited and the CRA dated June 7, 2000, and authorizing Holland & Knight LLP, as special counsel to the CRA, is authorized to prepare a Memorandum of Understanding (MOU) in a manner consistent with the following resolutions to be considered and approved by the Board of Directors of the CRA pursuant to this special meeting; further requesting the CRA General Counsel to provide advice on said MOU. A. Resolution of the Board of Directors of the CRA authorizing the CRA to enter into an exchange agreement with Charity Unlimited of Florida, Inc. (Camillus House) for the exchange of the property designated by the Executive Director of the CRA, in accordance with Florida Statutes §163.380(2), with the property of Charity Unlimited, or an alternative property identified by either the CRA or Charity Unlimited, for fee simple title to the property currently occupied and utilized by Charity Unlimited for the operation of the Camillus House facility, subject to the completion of appropriate appraisals, environmental audits and other due diligence activities; said exchange to be made on an "As Is" basis without representation or warranty of any kind, including environmental and zoning issues , shall occur in accordance with the provisions of Florida Statutes §163.380(2), that will require a finding resolution of the City of Miami ("city" or "governing body") that confers that the exchange of the properties can be appropriately exchanged at less than fair value, in furtherance of the redevelopment plan priority Phase 1 Program, taking into account the interest of the community and economic considerations and benefits accruing to the redevelopment area and the City and County `Downtown'. The resolutions for the real property exchange will not include any additional zoning. B. Resolution authorizing the CRA to provide technical and financial assistance to Charity Unlimited of Florida, Inc. for the CRA Camillus House Project subject to Charity Unlimited compliance with all federal, state and local laws. C. Resolution of the Board of Directors of the CRA acknowledging litigation surrounding Block 56: 1. Miami Dade County vs City of Miami and SEOPW CRA (Case No. 01- 13810-CA-08) 2. City of Miami and SEOPW CRA vs Sawyer's Walk Ltd. (Case No. 00- 28860-CA- 09) D. Resolution of the Board of Directors of the CRA providing that in the event that Charity Unlimited of Florida, Inc. (Camillus House), at its sole and absolute discretion, determines that the Phase I Program of the CRA Plan site recommended by the Executive Director of the CRA is not satisfactory or that sufficient progress has not been made to resolve any legal issues relating to the selected site within seventy-five (75) days days of the date hereof, the Charity Unlimited will publish notice in the Daily Business Review, Miami Herald, Miami Times, Miami Today, El Nuevo Herald, and Diarios that Charity Unlimited is proffering an "alternative site" and stating the location of the "alternative site" and accordingly the CRA shall hold a Special Meeting Public Hearing by Monday, July 15, 2002, unless the CRA otherwise changes this date. E. Resolution of the Board of Directors of the CRA requesting that Charity Unlimited of Florida, Inc. (Camillus House) respond back to the SEOPW CRA within seventy-five (75) calendar days, from the adoption of this resolution, to (1) confirm their acceptance of the primary site (Block 56) or alternative site(Block 3) as recommended by the Executive Director; or (2) to reject the recommendations of the Executive Director and submit a proposal for a new site within fifteen (15) days thereafter. F. Resolution of the Board of Directors of the CRA authorizing Holland & Knight LLP as special counsel to the CRA, to assist Charity Unlimited of Florida, Inc. (Camillus House) in negotiating a construction contract with respect to the construction of its new facility utilizing a "fast track" construction approach similar to that utilized for the construction of the NAP of the Americas in order to expedite the completion of the project. G. Resolution of the Board of Directors of the CRA acknowledging the exchange of the existing site of Charity Unlimited of Florida Inc. (Camillus House) for one of the proffered site(s) of the CRA without either relying upon fair value on either sites being exchanged in accordance with the CRA and the City of Miami using their authorities of Florida Community Redevelopment Act of 1969' H. ("Act") § 163.3 80(2) and § 163.370(k), in the interest of the community of our city and county and the CRA redevelopment plan. Resolution of the Board of Directors of the CRA requesting that Charity Unlimited of Florida, Inc (Camillus House) deliver their existing leasehold interest, in fee or pre -paid, through the period of their lease; further requesting that all encumbrances, notes and mortgages be paid in full on both properties. I. Resolution of the Board of Directors of the CRA acknowledging that the conveyance (exchange) of land will occur simultaneously, between the CRA and Charity Unlimited of Florida, Inc. (Camillus House). J. Resolution of the Board of Directors of the CRA authorizing the Executive Director of the CRA to negotiate a triple net ground lease (the "Lease") with Charity Unlimited which Lease shall (a) have a term of fourteen (14) months from the consummation of the land exchange with the CRA to allow Charity Unlimited to continue to operate a homeless services facility on the Charity Unlimited real property until completion of the development of the new service facility; (b) provide for a nominal rent of One Dollar ($1) per year; (c) require Charity Unlimited to pay all costs and expenses associated with the Charity Unlimited real property site, including without limitation, real estate taxes, insurance, repair and maintenance costs, utility expenses, and all other costs and expenses associated with the real property during the term of the Lease; and (d) provides for holdover rent of $10,000 per month if Charity Unlimited does not vacate the Leased real property of the CRA within 14 months. K. Resolution of the Board of Directors of the CRA acknowledging that upon the acquisition of the Charity Unlimited of Florida, Inc. (Camillus House) real property and termination of the Lease that it is the intention of the CRA to demolish the existing buildings and improvements located on the Charity Unlimited real property. L. Resolution of the Board of Directors of the CRA acknowledging the $500,000 received for Charity Unlimited of Florida, Inc. (Camillus House) from congressional appropriations in conjunction with joint efforts and the use of the "good offices" of the CRA and the City of Miami. M. Resolution of the Board of Directors of the CRA directing the Executive Director to enter into a strategic alliance with Charity Unlimited of Florida, Inc. (Camillus House) regarding homeless issues affecting the Redevelopment Areas and the development of a strategy for obtaining more governmental and private funds for use with respect to the revenue stream for the Camillus House. N. Resolution of the Board of Directors of the CRA acknowledging the initial grant provided to Charity Unlimited of Florida, Inc. (Camillus House) pursuant to resolutions SEOPW/CRA R-00-41 amended July 30, 2001 by SEOPW/CRA R- 01-101 in the amount of Eighty Thousand Dollars ($80,000.00) to be utilized by Charity Unlimited for the development of the new homeless facility. O. Resolution of the Board of Directors of the CRA providing assistance to Charity Unlimited of Florida, Inc. (Camillus House) in obtaining a HUD Section 108 loan in an amount not to exceed Ten Million Dollars ($10,000,000.00) to be arranged by the CRA by providing an assignment of its existing commitment from the City of Miami to the CRA of Federal Community Development Block Grant (CDBG) Funds, Home Investment Partnership Grants and other eligible funds for supporting the CRA, granted by the City of Miami to the CRA by City Ordinance No. 00-11736 ("Ordinance") such loan shall be made possible by the CRA deferring any capital programs under the Ordinance designated for the 4th and 5th years of the five year plan until the loan to Charity Unlimited is repaid, subject to (a) the City of Miami making a determination that the 108 loan to Charity Unlimited for the development of homeless shelter is appropriate use of the funds under §163.355 and the Community Redevelopment Act of 1969 in general (b) Charity Unlimited agrees to expand its new facilities to accommodate 300-600 additional beds; further providing that Charity Unlimited must repay the 108 loan within five (5) years. P. Resolution of the Board of Directors of the CRA directing the Executive Director to document in film, video and print the existing homeless situation as it exists within the redevelopment area on a monthly basis until the resolution of the homeless situation within the CRA redevelopment area is achieved, but not for less than a twelve (12) month period; further instructing the Executive Director to make monthly reports available to the Board of Directors of the CRA and to the Mayor and the Miami City Commission in furtherance of the requirements of Florida Statutes §163.380 and §163.370(k), when applicable. 3. Resolution of the Board of Directors of the CRA requesting that the Mayor and Miami City Commission consider conducting a complete assessment of the effects of the homeless issue on the redevelopment areas, taking into account; (1) the municipal services being provided in the redevelopment areas in conjunction with those services provided throughout the entire neighborhoods of the City of Miami, ; (2) the total costs incurred by the City of Miami and other governmental and private agencies dealing with the homeless issues within the City of Miami; (3) the economic impact that the homeless issues are having within the Southeast Overtown Park West Community Redevelopment Area and the Omni Community Redevelopment Area on property values within the redevelopment areas and lost economic opportunity costs; and further requesting that the Mayor and Miami City Commission assist the CRA in complying with the requirements of Florida Statutes § 163.370(k), § 163.3 80 and the intent of §163.355 as it relates to the purpose of the exchange of the Charity Unlimited real property, CRA and the City of Miami. 4. Resolution of the Board of Directors of the CRA requesting that the Mayor and Miami City Commission consider entering into a strategic alliance with Charity Unlimited of Florida, Inc. (Camillus House) for the provision of additional services for the homeless within the City of Miami, in coordination with other governmental entities and private organization, and for the expansion of the number of beds available for use by the homeless to between 300 and 600 beds. 5. Resolution of the Board of Directors of the CRA expressing the sense of the CRA Board to support the application by Charity Unlimited of Florida, Inc. to the City of Miami for a HUD 108 loan in an amount not to exceed $10,000,000 and further authorizing and transferring a HUD 108 loan commitment to Charity Unlimited of Florida, Inc. (Camillus House) for immediate development of a facility, in an amount not to exceed $10, 000,000, by providing an assignment of the existing commitment to the CRA under the provision of Community Development 5-year plan, from the City pursuant to City ordinance 00-11736 (remaining $23 million), subject to the City independently making a decision on the appropriateness and eligibility, and subject to Charity Unlimited of Florida, Inc. (Camillus House) agreeing to expand its facilities by an additional 300-600 beds; further that the CRA will defer drawing down on its 4th and 5th year allocations pursuant to City ordinance 00-11736 until Charity Unlimited of Florida, Inc. (Camillus House) repay the loan that stipulates that the principal payment shall not exceed five (5) years. 6. Resolution of the Board of Directors of the CRA requesting that the Mayor and Miami City Commission consider appointing a senior level staff person, with cost to be reimburse to the City by the CRA, to assist Charity Unlimited of Florida, Inc. (Camillus House) in the cost and development of their new facility in a manner similar to the expedited construction of the Nap of the Americas facility. 7. Resolution of the Board of Directors of the CRA requesting that the Mayor and Miami City Commission ("city" or "governing body") adopt a resolution authorizing the SEOPW CRA to exchange CRA owned property within its redevelopment area or property acquired outside the redevelopment area, pursuant Florida Statutes §163.370(k) and §163.380, in accordance with the SEOPW redevelopment plan Phase I Program, dated September 1983 for effectuating the Camillus House project. REPORT OF THE EXECUTIVE DIRECTOR 8. Resolution of the Board of Directors of the CRA approving the recommendation of the Acting Executive Director of the primary site located within the redevelopment area and the secondary site located in the redevelopment area of the Omni CRA area, to be considered for exchange with Charity Unlimited of Florida, Inc., for the existing Camillus House real property, contained in her letter dated Tuesday, April 16, 2002, or any alternative site of the Camillus House. 9. Resolution of the Board of Directors of the CRA designating the real property located at 160 NW 7th Street (folio number: 01-0105-060-1010) as the primary site and the real property located at 1900 NE Miami Court (folio number: 01-3136-002-0340) in the OMNI CRA redevelopment area, as the secondary site of the CRA ; further directing the Executive Director to perform due diligence with respect to the primary site, the secondary site and the existing Charity Unlimited land parcel which shall include, without limitation, appraisals, environmental audits, title searches and examination, soil tests, surveying, legal services and such other tests or studies that the Acting Executive Director may deem appropriate at a cost not to exceed $ ; further, authorizing the Executive Director to execute all necessary legal instruments for the exchange of land to Charity Unlimited of Florida, Inc. (Camillus House) and in an amount not to exceed $ for legal expenses related to the exchange of said sites. 1 Amended 5-17-02