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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4126 Date: 05/10/2018 Commission Meeting Date: 06/14/2018 Requesting Department: Department of Community and Economic Development Sponsored By: District Impacted: All Type: Resolution Subject: Transfer City Owned Property - Ark of the City Purpose of Item: AUTHORIZING THE CITY MANAGER TO APPROVE THE TRANSFER WITH AUTOMATIC REVERTER PROVISIONS OF A CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1302 NORTHWEST 54 STREET, MIAMI, FLORIDA, TO THE ARK OF THE CITY, INCORPORATED FOR JOB TRAINING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL DOCUMENTS, AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. Background of Item: On July 8, 2009 the City of Miami took possession of the property located at 1302 NW 54 Street, Miami, Florida, as a result of foreclosure action on a CDBG loan. The property is considered a property acquired as a result of CDBG activities and hence can only be used for CDBG eligible activities. The ark of the City, Inc., is a non -for profit organization dedicated to providing community services, including job training to the residents of Liberty City. The Ark of the City, Inc has 12 months upon transfer to complete the rehabilitation of the building and commence the job training activity. The property has to be returned to the City if it is no longer used for its intended purpose. The City Administration recommends the transfer with automatic reverter provisions of the City -owned property located at 1302 NW 54 Street, Miami, Florida, to The Ark of the City, Inc. for job training activities. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Community Review Completed Office of Management and Office of Management and City Manager's Office Legislative Division City Manager's Office Office of the City Attorney 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 Office of the City Attorney Office of the City Clerk Reviewed B and Economic Development 05/10/2018 10:52 AM Budget Luis Hernandez -Torres Budget Christopher M Rose Fernando Casamayor Valentin J Alvarez Nikolas Pascual Richard Appleton Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Valentin J Alvarez Richard Appleton Barnaby L. Min Victoria Mendez City Clerk's Office George Mensah Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Legislative Division Review Completed City Manager Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed legislative division review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 05/10/2018 8:00 PM 05/14/2018 12:30 PM 05/16/2018 10:28 AM 05/17/2018 10:23 AM 05/30/2018 4:11 PM 05/31/2018 6:30 PM 06/01/2018 10:48 AM 06/05/2018 1:51 PM 06/14/2018 9:00 AM 06/25/2018 3:11 PM 06/25/2018 3:40 PM 07/06/2018 10:23 AM 07/06/2018 10:45 AM 07/06/2018 12:18 PM Completed 07/09/2018 3:11 PM City of Miami Legislation Resolution Enactment Number: R-18-0240 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4126 Final Action Date:6/14/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) AND 29-B(D) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER WITH AUTOMATIC REVERTER PROVISIONS A CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1302 NORTHWEST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO THE ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, FOR JOB TRAINING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE AFOREMENTIONED TRANSACTION SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE SUCH TRANSACTIONS. WHEREAS, on July 8, 2009, the City of Miami ("City") took possession of the property located at 1302 Northwest 54 Street, Miami, Florida ("Property"), as more particularly described in Attachment "A," as a result of a foreclosure action on a Community Development Block Grant ("CDBG") loan; and WHEREAS, the Property was acquired as a result of CDBG activities and, therefore, can only be used for CDBG eligible activities such as job training for low and moderate income individuals; and WHEREAS, on May 24, 2018, pursuant to Resolution No. R-18-0223, the City Commission allocated General Fund dollars in the amount of $800,000.00 to rehabilitate the Property so that it may be used as a restaurant that will also provide training to residents who wish to receive culinary industry training; and WHEREAS, the Ark of the City, Incorporated, a Florida not for profit corporation ("Ark of the City"), is an organization that is dedicated to providing community services including job training; and WHEREAS, the City wishes to transfer the Property to the Ark of the City for job training purposes as stated herein; and WHEREAS, as a condition of the transfer of the Property, the Ark of the City must complete the rehabilitation of the building and it must commence job training within twenty- four (24) months of said transfer; and WHEREAS, as a condition of the transfer of the Property, the Property will revert to the City if it is no longer used to conduct CDBG eligible activities, specifically job training for the residents of Liberty City, or both the above -referenced rehabilitation and commencement of job training takes longer than twenty-four (24) months; and WHEREAS, this transfer is exempt from the procurement process pursuant to Sections 29-B(a) and 29-B(d) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, the City Administration recommends the transfer, with automatic reverter provisions, of the Property to the Ark of the City for job training purposes; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Attachment "B," pursuant to Sections 29-B(a) and 29-B(d) of the City Charter and Section 18-182(c) of the Code of the City of Miami, Florida, as amended, are ratified, approved, and confirmed and the City Commission hereby waives the requirements for said procedures. Section 3. The City Manager is authorized to transfer, with automatic reverter provisions, the Property, as more particularly described in Attachment "A," attached and incorporated, to Ark of the City for job training purposes. Section 4. The City Manager is authorized' to negotiate and execute any and all documents, in a form acceptable to the City Attorney, as may be necessary to complete the aforementioned transaction subject to all federal, state, and local laws that regulate such transactions. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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. APPROVED AS TO FORM AND CORRECTNESS: