HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. H. • r City Clerk
FROM: Victoria M= • z, City Attorney
DATE: August 24, 2$1,:
RE: Resolution No. 18-0177
File No. 3958
At its May 10, 2018 meeting, the City Commission adopted the above referenced agenda
item, PH.3, regarding the Transfer of Community Development Block Grant Funds. While the
minutes reflect that the item was adopted without modification, the item should have been
adopted with modifications because the legislation contaiend a blank.
The action taken on May 10, 2018 was corrected to reflect that the item was "adopted
with modifications." The Legislation has been corrected to include the related Resolution No. in
the blank.
VM/BLM/RFA/ch
Enclosure(s)
3952 Selz( Erizze rne,v.o
City of Miami
Legislation
Resolution: R-18-0177
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3958
Final Action Date: 5/10/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDS IN THE AMOUNT OF $1,530,000.00 FROM 2017-2018
UNALLOCATED CDBG FUNDS, DE -OBLIGATED FUNDS FROM PRIOR YEARS
ACTIVITIES, AND UNALLOCATED PROGRAM INCOME TO THE DEPARTMENT
OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE OF THE
CARVER THEATER LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI,
FLORIDA ("THEATER"), FOR COMMUNITY ACTIVITIES; AUTHORIZING THE
CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY"), AS PURCHASER, AND GATOR CARVER THEATER
LLC ("GATOR"), AS SELLER, FOR THE ACQUISITION OF SAID THEATER;
ALLOCATING THE ABOVE DESCRIBED FUNDS TO COVER THE COST OF
SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY,
ENVIRONMENTAL REPORT, TITLE INSURANCE, SECURING THE PROPERTY,
AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS,
EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID
PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT
REGULATE THE USE OF SUCH FUNDS.
WHEREAS, on April 12, 2018, pursuant to Resolution No.18-0138, the City Commission
approved an allocation of $968,204.00 in Community Development Block Grant ("CDBG") funds
for economic development activities, which included an amount of $858,204.00 that has yet to
be allocated to direct activities, to the Office of Capital Improvements ("OCI") Program for Street
and Park improvements; and
WHEREAS, the amount of $858,204.00 represents the economic development funds
earmarked for Districts 3 and 5 that are required to be allocated and spent so the City of Miami
("City") can meet its CDBG timeliness test on August 1, 2018; and
WHEREAS, on May 10, 2018, pursuant to Resolution No.18-0184, the City Commission
approved the de -obligation of $98,977.57 from various prior year activities; and
WHEREAS, since September 8, 2016, the City has allocated $1,246,984.51 in CDBG
Program Income to eligible CDBG housing and economic development activities, of which an
amount of $670,578.00 has been allocated, which leaves an unallocated balance of
$576,406.41; and
WHEREAS, the Liberty City Community needs additional community space for
community events and the restoration of a marquee Liberty City historic theatre; and
City of Miami Page 1 of 2 File ID: 3958 (Revision: A) Printed On: 8/24/2018
File ID: 3958 Enactment Number: R-18-0177
WHEREAS, the City Administration recommends the allocation of CDBG funds to the
Department of Real Estate and Asset Management ("DREAM") in the amount of $1,530,000.00
for the purchase of Carver Theater located at 6016 Northwest 7th Avenue, Miami, Florida
("Theater"), for community activities;
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 allocation of CDBG funds in the amount of $1,530,000.00 from 2017-
2018 unallocated CDBG funds, de -obligated funds from prior years activities, and unallocated
program income to DREAM for the purchase of the Theater for community activities, is
authorized.'
Section 2. The City Manager is authorized' to execute a Purchase and Sale Agreement
("Agreement"), in substantially the attached form, between the City, as purchaser, and Gator
Carver Theater LLC ("Gator"), as seller, for the acquisition of said Theater, allocating the funds
described in Section 2 to cover the cost of said acquisition, inclusive of the cost of a survey,
environmental report, title insurance, securing the property, and related closing costs associated
with said acquisition, in accordance with the terms and conditions of the Agreement
Section 3. The City Manager is further authorized' to negotiate and execute any
and all other documents, in a form acceptable to the City Attorney, including amendments,
renewals, extensions, and modifications, as may be necessary for said purpose, subject to
all federal, state, and local laws that regulate the use of such funds.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 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 (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 2 of 2 File ID: 3958 (Revision: A) Printed on: 8/24/2018