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HomeMy WebLinkAboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #13794 Date: 04/04/2023 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 04/27/2023 Sponsored By: District Impacted: District 1 Type: Resolution Subject: Execute Agreement - MFP WASD Purpose of Item: A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to negotiate and execute an agreement for water and sanitary sewer facilities and a Unity of Title ("Agreement"), and enter into any required joinders for said Agreement, in a form acceptable to the City Attorney, with the Miami -Dade County Water and Sewer Department for the provision of water and sanitary sewer services to a City of Miami owned property leased to Miami Freedom Park, LLC ("Tenant") located at 1400 and 1550 Northwest 37 Avenue ("Property"); further authorizing the City Manager to negotiate and execute all other necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said Agreement. Background of Item: The City of Miami ("City") is the owner of properties located at 1400 and 1550 NW 37th Avenue in Miami -Dade County, Florida (collectively, the "Property"). Pursuant to Resolution No. R-22-0156 approved on April 28, 2022, the City will enter into a Lease Agreement with Miami Freedom Park, LLC (the "Tenant"), for the redevelopment of a portion of the Property pursuant to the Miami Freedom Park Special Area Plan as approved by Ordinance 14093 on September 13, 2022. The Tenant and City require water and sewer services to be rendered for the redevelopment of the Property. The Miami -Dade Water and Sewer Department, a body corporate and political subdivision of the State of Florida ("WASD"), operates the water and sewer systems owned by Miami - Dade County and requires a Water and Sanitary Sewer Facilities Agreement ("Agreement") between WASD, the City, and the Tenant and a Unity of Title. In addition to the Agreement, WASD requires an Unity of Title between WASD, the City, and the Tenant. As the City is the owner of the Property, WASD and the Tenant are requesting that the City enter into the Agreement and/or execute a joinder and consent to the Agreement ("Joinder and Consent") as may be required by WASD. The City Manager hereby requests authorization to negotiate and execute the Agreement and/or any required Joinder and Consent, in a form acceptable to the City Attorney, and the Unity of Title for water and sewer services to the Property. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Real Estate and Asset Management Review Completed 04/04/2023 4:07 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V OMNI Community Redevelopment Agency Office of the City Attorney Victoria M6ndez City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Andrew Frey Department Head Budget Analyst Review Completed 04/05/2023 11:19 AM Budget Review Completed 04/05/2023 1:37 PM Assistant City Manager Completed 04/11/2023 12:00 PM Legislative Division Review Completed 04/11/2023 6:41 PM City Manager Review Completed 04/12/2023 5:05 PM Isiaa Jones ACA Review Completed Approved Form and Correctness Completed 04/17/2023 1:14 PM Meeting Completed 04/27/2023 9:00 AM Rendered Completed 05/04/2023 4:01 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0184 File Number: 13794 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES AND A UNITY OF TITLE ("AGREEMENT"), AND ENTER INTO ANY REQUIRED JOINDERS FOR SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES TO CITY OF MIAMI OWNED PROPERTY LEASED TO MIAMI FREEDOM PARK, LLC ("TENANT") LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE ("PROPERTY'); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of properties located at 1400 and 1550 Northwest 37 Avenue in Miami -Dade County, Florida (collectively, the "Property"); and WHEREAS, the City entered into a Lease Agreement with Miami Freedom Park, LLC ("Tenant"), for the redevelopment of a portion of the Property pursuant to the Miami Freedom Park Special Area Plan as approved by Ordinance 14093 on September 13, 2022; and WHEREAS, the Tenant and City require water and sewer services to be rendered for the redevelopment of the Property; and WHEREAS, the Miami -Dade Water and Sewer Department, a body corporate and political subdivision of the State of Florida ("WASD"), requires a Water and Sanitary Sewer Facilities Agreement and a Unity of Title ("Agreement") between WASD, the City, and the Tenant; and WHEREAS, as the City is the owner of the Property, WASD and the Tenant are requesting that the City enter into the Agreement and also execute a joinder and consent to the Agreement ("Joinder and Consent"); and WHEREAS, the City Manager hereby requests authorization to negotiate and execute the Agreement, the Joinder and Consent, and any other agreements, including amendments and modifications to said Agreement, as may be required by WASD for water and sewer services to the Property, all in a form acceptable to the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute the Agreement, the Unity of Title, and/or any required Joinder and Consent for water and sanitary sewer facilities between WASD, the City, and the Tenant, all in a form acceptable to the City Attorney, for the provision of water and sanitary sewer services necessary for the construction of the redevelopment of the Property. Section 3. The City Manager is further authorized' to negotiate and execute all other necessary documents, including amendments and modifications to said Agreement, all in a form acceptable to the City Attorney, as may be necessary to effectuate said Agreement Section 4. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i f ria i ' ndez, City Nttor iey 4/17/2023 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 by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions.