HomeMy WebLinkAboutR-09-0360Vop City of Miami
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Resolution: R-09-0360
File Number: 09-00721
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION
2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN
SECTION 2-612 OF THE CITY CODE, TO ALLOW NITIN MOTWANI, AS A MEMBER
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY'S BOARD OF
DIRECTORS AND PRINCIPAL IN THE MIAMI WORLDCENTER GROUP, LLC, TO
PARTICIPATE IN A DEVELOPMENT AGREEMENT (CONTRACT), PURSUANT TO
CHAPTER 163, FLORIDA STATUTES, BETWEEN THE MIAMI WORLDCENTER
GROUP, LLC, AFFILIATED PARTIES, AND THE CITY OF MIAMI.
WHEREAS, Nitin Motwani, is a member of the Miami Downtown Development Authority's
("DDA") Board of Directors and a Principal in the entity known as the Miami Worldcenter Group, LLC;
and
WHEREAS, Mr. Motwani has diligently complied with the Conflict of Interest provisions of
Section 14-62 of the Code of the City of Miami, Florida, as amended ("City Code"), regarding voting
and participation before the DDA on matters in which he may have an interest; and
WHEREAS, Mr. Motwani's financial interest in the Miami Worldcenter Group, LLC does not
rise to a level sufficient to violate applicable provisions of the Miami -Dade County Code of Ethics nor
otherwise violate provisions of said Code; and
WHEREAS, the City of Miami ("City") wishes to encourage redevelopment of the property
bounded by Northeast 2nd Avenue on the east, North Miami Avenue on the west, Northeast 11th
Street on the north, and Northeast 6th Street on the south ("Miami Worldcenter District"), Miami,
Florida; and
WHEREAS, the Miami Worldcenter Group, LLC, and affiliated parties (collectively "MWC") are
the Owners of certain real property in the City consisting of approximately ± 25 acres of land located
in the City's Southeast Overtown/Parkwest Redevelopment District, in general, and the Miami
Worldcenter District, in particular; and
WHEREAS, MWC contemplates constructing within the recently approved Miami World
Center District a large, high-density, mixed-use development consisting of multiple buildings, public
open space, enhanced pedestrian areas and access to mass transit ("Project"), which would greatly
benefit the City of Miami's economy, in general, and enhance the quality of life within the Project and
its surrounding area; and
WHEREAS, on November 11, 2008, the City Commission, pursuant to Resolution No.
08-0658, approved a Development Agreement ("Agreement"), pursuant to Chapter 163, Florida
Statutes, between MWC ("Developer") and the City relating to the proposed development of the
City of Miand Page I of 3 File Id. 09-00721 (Version: 1) Printed On: 6/27/2017
File Number: 09-00721 Enactment Number: R-09-0360
Project and authorized the City Manager to execute said Agreement; and
WHEREAS, Section 2-612 of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits a City officer, official or employee from entering into any contract or transacting any
business with the City or any person or agency acting for the City; and
WHEREAS, the provisions of Section 2-612 of the City Code may apply to Nitin Motwani as a
member of the Board of the Downtown Development Authority; and
WHEREAS, the provisions of Section 2-612 of the City Code describing the context of the
types of business relationships which are prohibited may dictate a waiver of said provisions; and
WHEREAS, execution of said Agreement, has temporarily been placed on hold pending
approval of the subject conflict of interest waiver; and
WHEREAS, Section 2-614 of the City Code allows the City Commission to waive such
prohibitions if such transaction is in the best interest of the City;
NOW THEREFORE, BE IT RESOLVED BY THE 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 prohibitions contained in Section 2-612 and 2-614 of the City Code, are
hereby waived by a four-fifths (4/5ths) affirmative vote of the members of the City Commission, after
a public hearing, as such prohibitions pertain to City officers, officials and employees, to allow Nitin
Motwani, as a member of the DDA's Board of Directors and Principal in the Miami Worldcenter Group,
LLC, to participate in an Agreement (contract), pursuant to Chapter 163, Florida Statutes, between
MWC and the City.
Section 3. Chapter 163, Florida Statutes, Development Agreements are unique, and the City
cannot not avail itself of this particular Agreement without entering into a transaction which may
violate, or be perceived as violating, Section 2-612 of the City Code but for a waiver of its
requirements.
Section 4. The waiver set forth in Section 2 hereof, would allow a transaction which is in the
best interest of the City.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor. { 1 }
Footnotes:
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File Number: 09-00721
EnactmentNnmber: R-09-0360
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective
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