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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01545
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4/STHS) 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
JEROME HOLLO, AS A MEMBER OF THE MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY'S BOARD OF DIRECTORS AND AS A PRINCIPAL IN THE TWJ 1201
LLC, TO PARTICIPATE IN A LICENSE AGREEMENT (CONTRACT), BETWEEN
TWJ 1201 LLC, AND THE CITY OF MIAMI.
WHEREAS, Jerome Hollo, is a member of the Miami Downtown Development Authority's
("DDA") Board of Directors and a Principal in the entity known as the TWJ 1201 LLC; and
WHEREAS, Mr. Hollo 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. Hollo's financial interest in a License Agreement ("Agreement") with the City
of Miami ("City") 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 wishes to encourage the use of private property for passive park space;
and
WHEREAS, the City wishes to enter into an Agreement with TWJ 1201 LLC to provide much
needed park space to the community; and
WHEREAS, TWJ 1201 LLC ("Owner/Developer" as Licensor) is the owner of property located
at 1201 Brickell Bay Drive, Miami, Florida ("Property"); and
WHEREAS, the Owner/Developer is willing to lease the Property to the City in exchange for an
extension on the Owner/Developer's Major Use Special Permit ("MUSP") pursuant to Resolution No.
04-0717, adopted October 28, 2004; and
WHEREAS, the use of the Property as a park would be in the best interest of the community;
and
WHEREAS, Section 2-612 of the 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 Jerome Holto, a
City of Miami Page 1 of 2 Printed On: 1/6/2009
File Number: 08-01545
member of the Board of the DDA; 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, is dependant upon this waiver approval; 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 Sections 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 Jerome
Hollo, as a member of the DDA's Board of Directors and Principal in the TWJ 1201 LLC, to participate
in an Agreement (contract), between TWJ 1201 LLC and the City.
Section 3. License 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}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNE
Footnotes:
{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
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Printed On: 1/6/2009