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HomeMy WebLinkAboutR-09-0360Vop City of Miami Legislation < U R �O 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: City of Miami Page 2 of 3 File Id. 09-00721 (Version: 1) Printed On: 6/27/2017 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 City of Miami Page 3 of 3 File Id. 09-00721 (Version: h Printed On: 6/27/2017