Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2341 Date: 06/14/2017 Commission Meeting Date: 07/13/2017 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 3 Type: Resolution Subject: Authorize Development Agreement - Fire Station No.4 Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing and directing the City Manager to execute a Development Agreement ("Agreement"), in substantially the attached form, between the City of Miami ("City") and Southside Place, LLC ("Developer"), whereby the City and Developer shall consolidate their properties in order to permit the Developer to provide various public benefits at Developer's expense, including the development of a new fire station, and develop a mixed -use tower with first floor retail and a parking garage, with terms and conditions more particularly described in the attached Agreement; further authorizing the City Manager to make revisions and non -substantive amendments to such Agreement as needed, subject to the City Attorney's approval. Background of Item: The City of Miami ("City") is the owner of Fire Station No. 4, located at 1105, 1115, 1131, and 1133 SW 2nd Avenue, Miami, Florida 33130 ("City Property"). Southside Place, LLC ("Developer") is the owner of the adjacent property, located at 191 SW 12th Street, Miami, Florida 33130 ("Developer Property"). The Developer has offered to consolidate the Developer Property with the City Property, for no compensation, in order to create two (2) separate parcels; one of which would be an air rights parcel to be owned by Developer ("Air Rights Parcel"), and the other which would be a fee parcel owned by the City ("Fee Parcel"). The Developer has offered to construct a new, state of the art, larger and modern Fire Station for the City on the Developer Property and part of the City Property at a cost of $8,000,000 at Developer's expense. Developer also intends to develop a mixed -use tower with first (1st) floor retail and a parking garage on the Air Rights Parcel. In furtherance of Developer's construction of the Project, Developer, at its sole cost and expense, has agreed to provide certain Public Benefits, including: (1) the construction of the Fire Station on behalf and for the benefit of the City; (2) the conveyance of the Developer Property to the City; (3) the conveyance of fifty (50) parking spaces to the City; (4) an annual Profit Participation Payment equal to five percent (5%) of the Available Cash, and (6) other Public Benefits (all as further defined in the Agreement). Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $2,195,000 (based on the value of Developer -contributed Public Benefits less the value of the City -contributed land) PLUS 5% of Available Cash Real Estate and Asset Management Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Legislative Division Office of the City Attorney Office of the City Attorney Reviewed B Aldo Bustamante Everton Garvis Christopher M Rose Alberto N. Parjus Daniel J. Alfonso Valentin J Alvarez Valentin J Alvarez Maricarmen Lopez Nicole Ewan Mayor's Office City Clerk's Office Valentin J Alvarez Barnaby L. Min Victoria Mendez Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Skipped Approved Form and Correctness Skipped Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) 05/24/2017 9:09 AM 06/27/2017 12:07 PM 06/27/2017 4:29 PM 06/27/2017 9:14 PM 06/28/2017 7:49 AM 07/03/2017 12:43 PM 07/03/2017 12:43 PM 07/11/2017 4:54 PM 07/13/2017 9:00 AM 07/21/2017 5:33 PM 07/21/2017 5:56 PM 01/24/2018 4:58 PM 01/24/2018 5:08 PM Completed City of Miami Legislation Resolution Enactment Number: R-17-0330 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2341 Final Action Date:7/13/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND SOUTHSIDE PLACE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SOUTHSIDE"), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), PROVIDING FOR THE CONVEYANCE OF CITY PROPERTY TO IMPLEMENT THE PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY, WHEREBY SOUTHSIDE SHALL CONVEY TO THE CITY ITS PROPERTY ADJACENT TO THE CITY'S PROPERTY, THE LOCATION OF THE CITY'S DEPARTMENT OF FIRE -RESCUE STATION NO. 4 ("FIRE STATION NO. 4"), FOR THE CONSOLIDATION OF BOTH PROPERTIES INTO ONE, NEW UNIFIED CITY PROPERTY; FURTHER PROVIDING THE VARIOUS FOLLOWING BENEFITS, AT THE SOLE COST AND EXPENSE OF SOUTHSIDE: THE INVESTMENT OF EIGHT MILLION DOLLARS ($8,000,000.00) TOWARDS THE CONSTRUCTION OF A NEW FIRE STATION NO. 4, PURSUANT TO CITY SPECIFICATIONS, CONSISTING OF OVER THIRTY THOUSAND (30,000) SQUARE FEET OF SPACE, TWO (2) FLOORS WITH A MEZZANINE, NEW WORKOUT EQUIPMENT, AND AMPLE SPACE FOR THE DIFFERENT SIZED FIRE -RESCUE TRUCKS THE CITY WILL BE OBTAINING; UPON COMPLETION OF THE NEW FIRE STATION NO. 4, CONSTRUCTION OF A PARKING GARAGE PEDESTAL, ABOVE THE SAME, AND A MIXED -USE TOWER, WITH FIRST FLOOR RETAIL; AFTER ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY, PAYMENT TO THE CITY OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) RESTRICTED FOR THE PURCHASE OF ONE (1) LADDER TRUCK, ONE (1) ENGINE TRUCK, TWO (2) FIRE -RESCUE TRUCKS, AND TWO (2) FORD TRUCKS; CONVEYANCE TO THE CITY OF FIFTY (50) PARKING SPACES VALUED AT APPROXIMATELY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) FOR USE BY THE CITY, WITH MANAGEMENT BY THE MIAMI PARKING AUTHORITY ("MPA"); ANNUAL PAYMENT TO THE CITY OF A PROFIT PARTICIPATION PAYMENT OF FIVE PERCENT (5%) OF ALL PROFITS GENERATED BY THIS PROJECT, WITH THE INITIAL EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) OF THAT AMOUNT PAID IN ADVANCE TO THE CITY, REGARDLESS OF THE ACTUAL PROFITS GENERATED BY SOUTHSIDE; WITH THE PROFITS OF ANY POTENTIAL FUTURE SOUTHSIDE SALE OR LEASE GOING DIRECTLY TOWARDS THE CITY'S DEPARTMENT OF FIRE -RESCUE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE SUCH REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the City of Miami ("City") is the owner of the Department of Fire -Rescue Station No. 4, located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida ("Fire Station No. 4"); and WHEREAS, Southside Place, LLC, a Florida limited liability company ("Southside"), is the owner of the adjacent property located at 191 Southwest 12th Street, Miami, Florida; and WHEREAS, Southside has offered a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("Agreement") to consolidate its property with the City's, at no compensation, for the creation of two (2) separate parcels, one consisting of an air rights parcel to be owned by Southside ("Air Rights Parcel") and the other consisting of a fee parcel to be owned by the City ("Fee Parcel"); and WHEREAS, Southside shall construct a new, larger, state of the art Fire Station No. 4 for the City on the Fee Parcel, at Southside's sole cost and expense, for eight million dollars ($8,000,000.00), consisting of over thirty thousand (30,000) square feet of space, two (2) floors with a mezzanine, new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtaining; and WHEREAS, Southside intends to construct a mixed -use tower with first floor retail and a parking garage pedestal on the Air Rights Parcel; and WHEREAS, upon issuance of a temporary certificate of occupancy, Southside shall pay the City two million two hundred thousand dollars ($2,200,000.00) restricted for the purchase of one (1) ladder truck, one (1) engine truck, two (2) fire -rescue trucks, and two (2) Ford trucks; and WHEREAS, Southside shall convey to the City fifty (50) parking spaces valued at approximately one million five hundred thousand dollars ($1,500,000.00) for use by the City, with management by the Miami Parking Authority ("MPA"); and WHEREAS, in furtherance of Southside's construction of the project, Southside shall pay the City an annual Profit Participation Payment of five percent (5%) of all profits generated by this project, with the initial eight hundred thousand dollars ($800,000.00) of that amount paid in advance, regardless of the actual profits generated; and WHEREAS, the profits of any potential sale or lease shall go directly towards the City's Department of Fire -Rescue ("Fire -Rescue"); and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("Charter"), provides for the conveyance of City property to implement projects of any governmental agency or instrumentality; 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. Pursuant to Section 29-B(c) of the Charter, the City Manager is authorized' and directed to execute the Agreement, in substantially the attached form, between the City and Southside, whereby Southside shall convey to the City its property adjacent to the City's Fire Station No. 4 for the consolidation of the properties into one, new unified City property, providing the various following benefits, at the sole cost and expense of Southside: the investment of eight million dollars ($8,000,000.00) towards the construction of a new Fire Station No. 4, pursuant to City specifications, consisting of over thirty thousand (30,000) square feet of space, two (2) floors with a mezzanine, new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtaining; upon completion of the new Fire Station No. 4, construction of a parking garage pedestal above the same and a mixed -used use tower with first floor retail; upon issuance of a temporary certificate of occupancy, payment to the City of two million two hundred thousand dollars ($2,200,000.00) restricted for the purchase of one (1) ladder truck, one (1) engine truck, two (2) fire -rescue trucks, and two (2) Ford trucks; conveyance to the City of fifty (50) parking spaces valued at approximately one million five hundred thousand dollars ($1,500,000.00) for use by the City, with management by the MPA; annual payment to the City of a Profit Participation Payment of five percent (5%) of all profits generated by this project, with the initial eight hundred thousand dollars ($800,000.00) of that amount paid in advance, regardless of the actual profits generated by Southside; with the profits of any potential future Southside sale or lease going directly towards Fire -Rescue; with terms and conditions as more particularly described in the Agreement. Section 3. The City Manager is further authorized' to make such revisions and non - substantive amendments to the Agreement as deemed necessary, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 'The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.