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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney "ec''�x. WysoWrrr DATE: July 8, 2024 RE: Substitution of Item RE.8 on the July 11, 2024, City Commission Meeting; Upon approval by the electorate, amend Section 29-C of City Charter to authorize City Commission by 4/5 affirmative vote, to waive competitive bidding, authorize City Manager to negotiate the sale or lease of +5.4 Acres of City -owned land located at Watson Island for fair market value for residential condominium form of ownership, cancellation of existing lease, redevelopment of +13.3 acres for park purposes and other community benefits. File No.: 16232 Item RE.8 on the July 11, 2024, City Commission Meeting Agenda proposes, upon approval of the electorate, amendment of Section 29-C of the City Charter to authorize the City Commission by 4/5 affirmative vote, to waive competitive bidding and authorize the City Manager to: • Negotiate the sale and conveyance of the +5.4 Acres to permit condominium form of ownership The Legislation is being substituted to provide clarification that: • Approval of the Resolution authorizes the sale or long-term lease of the ±5.4 Acres, to permit condominium form of ownership • Certain, additional, community benefits will be provided as mutually agreed by the City and Developer Parties cc. Arthur Noriega V, City Manager Marie Gouin, Director of Management & Budget Miriam Santana, Agenda Coordinator -4: rn —�s C_rl fV 1 Ia Z.3 Z Subs � �� Mee4-0 - roM C4ii City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16232 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29-C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE SALE OR LEASE OF +5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESILIENCY MIAMI, LLC, FOR RESIDENTIAL AND COMMERCIAL USES, SUBJECT, BUT NOT LIMITED TO CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, DEVELOPMENT OF A NEW +13.3-ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY AND PROVISION OF CERTAIN COMMUNITY BENEFITS, WITH RESTRICTIONS, .. REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AS MORE PARTICULARLY DESCRIBED HEREINBELOW SPONSOR(S): Commissioner Damian Pardo WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson Island comprising approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Property"); and WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and Development Agreement, as modified from time to time (collectively, the "Lease") for the Property; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a Conveyance Agreement ("Agreement"), in a form acceptable to the City Attorney, which will allow the sale or lease of the Residential Parcel for fair market value, for construction and operation of the Residential Development subject, but not limited to: City approval; approval of any necessary zoning changes; cancellation of existing Lease; construction of a new public waterfront park on City of Miami Page of File ID: 16232 (Revision: A) Printed On: 7/8/2024 File ID: 16232 Enactment Number: the remainder of the Property at no cost to the City; annual and up -front payments to the City; repayment of the existing loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing Ygrene C-Pace loan of approximately $1,200,000 pursuant to the existing Lease; approval by the Florida Board of the Trustees of the Internal Improvement Trust Fund and provision of certain Community Benefits; and WHEREAS, the sale or lease of the Residential Parcel to Ecoresiliency Miami LLC will be subject to other restrictions, reversions, and retention by the City of all other rights; 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 City Attorney is directed to prepare a proposed amendment to the Charter of the City of Miami, Florida, as amended ("Charter"), for consideration at the General Election scheduled for November 5, 2024, proposing, upon approval of the electorate, to amend Section 29-C of the Charter, entitled "Watson Island," to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and authorize the City Manager to negotiate and execute a Conveyance Agreement between the City and Ecoresiliency Miami LLC, for sale or lease of the Residential Parcel, subject, but not limited to, the aforementioned terms. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 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 immediately upon override of the veto by the City Commission. City of Miami Page of File ID: 16232 (Revision: A) Printed on: 7/8/2024 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16232 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29-C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF 5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESILIENCY MIAMI, LLC, FOR RESIDENTIAL AND COMMERCIAL USES, SUBJECT, BUT NOT LIMITED TO, COMPLETION OF PROPERTY APPRAISALS, CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, AND DEVELOPMENT OF A NEW 13.3 ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AS MORE PARTICULARLY DESCRIBED HEREINBELOW. WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson Island comprising approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Property"); and WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and Development Agreement, as modified from time to time (as so modified, collectively, the "Lease") for the Property; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desires to acquire 5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking and accessory retail ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a Conveyance Agreement ("Agreement"), in a form acceptable to the City Attorney, which will allow the conveyance of the Residential Parcel for fair market value, for construction and operation of the Residential Development subject, but not limited to: City approval; completion of Property appraisals; approval of any necessary zoning changes; cancellation of existing Lease; construction of a new public waterfront park on the remainder of the Property at no cost to the City; annual and up -front payments to the City; repayment of the existing loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing Ygrene C-Pace loan of approximately $1,200,000 pursuant to the existing Lease; and approval by the Florida Board of the Trustees of the Internal Improvement Trust Fund through a modification of the existing deed restrictions, including termination of the existing reverter and release of the existing oil, gas and mineral reservations as to the Residential Parcel; and WHEREAS, the conveyance of the Residential Parcel to Ecoresiliency Miami LLC will be subject to other restrictions, reversions, and retention by the City of all other rights; 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. In accordance with Section 2-64 of the Code of the City of Miami, Florida, the City Attorney is directed to prepare a proposed amendment to the Charter of the City of Miami, Florida, as amended ("Charter"), for consideration at the General Election scheduled for November 5, 2024, proposing, upon approval of the electorate, to amend Section 29-C of the Charter, entitled "Watson Island," to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and authorize the City Manager to negotiate and execute a Conveyance Agreement between the City and Ecoresiliency Miami LLC, for conveyance of the Residential Parcel subject, but not limited to, the aforementioned terms. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 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 immediately upon override of the veto by the City Commission.