HomeMy WebLinkAboutMemo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Memb rs of the City C mmi sion
FROM: Victoria Mendez, City Attorn�
DATE: June 25, 2019
RE: June 27, 2019 City Commission Meeting Agenda — Substitution of RE.14
Approve the Allocation of Downtown Development of Regional Impact Fees
to the Miami Downtown Development Authority
File No. 6110
Item RE.14 on the June 27, 2019 City Commission Agenda requests approval for
the allocation of Downtown Development of Regional Impact fees in the amount of three
hundred thousand dollars ($300,000.00), to the Miami Downtown Development
Authority ("Miami DDA") of the City of Miami, Florida ("City"), as matching funds to
the National Football League's grant of three hundred thousand dollars ($300,000.00), for
expenses related to production, engineering and installation of the Miami Baywalk
Lighting Project as the Super Bowl 2020 Legacy Project to be managed by the Miami
DDA.
The attached Legislation is being substituted to include additional findings
provided by the Planning Department. The item is being substituted to reflect these
additional findings.
cc. Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
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City of Miami
Legislation
i..I
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigay.com
File Number: 6110
Final Action Date:
A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENTS,
ALLOCATING DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
TRANSPORTATION MITIGATION FEES IN THE AMOUNT OF THREE
HUNDRED THOUSAND DOLLARS ($300,000.00) TO THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI
DDA") AS MATCHING FUNDS TO THE NATIONAL FOOTBALL LEAGUE'S
GRANT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR
EXPENSES RELATED TO PRODUCTION, ENGINEERING, AND
INSTALLATION OF THE MIAMI BAYWALK LIGHTING PROJECT ("PROJECT");
APPROVING THE PROJECT AS THE SUPER BOWL 2020 LEGACY PROJECT
TO BE MANAGED BY THE MIAMI DDA IN ACCORDANCE WITH THE
LIMITATIONS OUTLINED IN THE INCREMENT II DEVELOPMENT ORDER
PURSUANT TO CHAPTER 13, ARTICLE II OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
ACCOMPLISH THE INTENT AS STATED HEREIN, ALL IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
SPONSOR(S): Commissioner Ken Russell, Mayor Francis X. Suarez
WHEREAS, the Miami City Commission ("City Commission") adopted the Downtown
Development of Regional Impact ("DDRI") as an incremental DRI by Resolution No. 87-1148 on
December 10, 1987, and on the same day, adopted the first Increment by Resolution No. 87-
1149; and
WHEREAS, the Miami Downtown Development Authority of the City of Miami, Florida.
("Miami DDA") is the developer of the DDRI pursuant to the Master Development Order and its
subsequent amendments; and
WHEREAS, Increment II of the DDRI was adopted by Resolution No. 02-1307 on
December 12, 2002 and amended by Resolution No. 04-0558 on June 24, 2004; and
WHEREAS, Increment II of the ❑DR1 requires the City of Miami ("City") to mitigate
impacts to the regional transportation network by paying or contracting to pay two million four
hundred fifty-eight thousand, nine hundred seventy dollars ($2,458,970.00) (proportionate share
in 2002 dollars) to be expended on, but not limited to, transportation improvements listed in the
Increment II Development Order; and
WHEREAS, at the onset of Increment III, the balance of funds collected through
increment II for the purpose of mitigating transportation impacts was three million, seven
hundred ninety-six thousand, four hundred dollars ($3,796,400.00); and
City of Miami Page 1 of 4 File ID: 6110 (Revision: A) Printed On: 6/25/2019
Fife ID: 6110 Enactment Number:
WHEREAS, the buiidout of a fully functional Baywark through Downtown Miami
("Downtown") will facilitate connectivity for thousands of residents, workers, and visitors in the
Urban Core, helping them to ably traverse the City along the waterways and easily access many
of Downtown's most frequently visited job centers, entertainment and dining venues, lodging
establishments, and residential towers; and
WHEREAS, South Florida has previously hosted several National Football League
("NFL") Super Bowls and related events and has been selected again to host the Super Bowl in
2020 ("Super Bowl 2020"); and
WHEREAS, the City has previously hosted, participated in, and assisted with various
community events for such national sporting events in a variety of ways; and
WHEREAS, in previous national sporting events involving the City, there have been
donations to the City, improvements to City -owned properties, and in -kind services provided by
the City; and
WHEREAS, once again, the City has been requested to host, participate in, and assist
with community events for Super Bowl 2020 by the Miami Super Bowl Host 2020 Committee
(`Host Committee"); and
WHEREAS, on January 28, 2019, through Resolution No. R-19-0027, the City_
Commission approved a contribution of five hundred thousand dollars ($500,000.00) ("City
Contribution") to the Host Committee and authorized the City Manager to accept donations to
the City, in the form of improvements at City -owned venues; and
WHEREAS, the NFL has agreed to donate three hundred thousand dollars
($300,000.00) to fund the Miami Baywalk Lighting Legacy Project in Bayfront Park ("Legacy
Project"), conditioned on (1) the Legacy Project being completed prior to Super Bowl 2020
events; (2) the City providing a matching contribution of three hundred thousand dollars
($300,000.00) towards the Legacy Project; and (3) the Miami ❑DA providing a grant in the
amount of three hundred thousand dollars ($300,000.00) to the Host Committee to fund Super
Bowl 2020 events to be held in Downtown Miami; and
WHEREAS, on April 26, 2019, through Resolution No. 009/2019, attached and
incorporated as Exhibit "A" ("Miami ❑DA Resolution"), in connection with the presentations
about the Legacy Project, attached and incorporated as Composite Exhibit "B", the Miami DDA
has agreed to provide a matching grant in the amount of three hundred thousand dollars
($300,000.00) to help fund Super Bowl 2020 events, as requested by the Host Committee,
conditioned on (1) the NFL donating three hundred thousand dollars ($300,000.00) to fund the
Legacy Project to be located in Downtown Miami and (2) the City providing a matching
contribution of three hundred thousand dollars ($300,000.00) towards the Legacy Project; and
WHEREAS, the Miami DDA has agreed to manage the construction of the Legacy
Project that is estimated to cost approximately seven hundred ten thousand dollars
($710,000.00) and to cover the discrepancy of up to one hundred ten thousand dollars
($110,000.00) between the Legacy Project cost and the six hundred thousand dollars
($600,000.00) to be collected through the City and NFL grants; and
WHEREAS, the Miami DDA has agreed to advance the initial deposit to the
manufacturer for the lighting hardware for the Legacy Project in the amount of one hundred_ `:,,
thousand ninety thousand dollars ($190,000.00) required to be made by July 2019, wjth eighty
City of Miami Page 2 of 4 File ID: 6110 (Revision: A) Printed on: 612512019
File ID: 611a Enactment Number:
thousand dollars ($80,000.00) of such advance to be reimbursed to the Miami DDA through the
NFL grant in order for lighting hardware to be fabricated with sufficient time left for installation of
the Legacy Project prior to Super Bowl 2020 events; and
WHEREAS, pursuant to the Miami DDA Resolution and NFL commitment requirements
for the Legacy Project, the City's timely contribution of its NFL grant Legacy Project match in the
amount of three hundred thousand dollars ($300,000.00) is a pre -requisite for both the Miami
DDA matching grant to the Host Committee and the NFL's grants towards the Legacy Project;
and
WHEREAS, the requested Legacy Project match in the amount of three hundred
thousand dollars ($300,000.00) is to be provided using DDRI fees for transportation mitigation,
which are collected and expended by the City within the DDRI District pursuant to Chapter 13,
Article II of the Code of the City of Miami, Florida, as amended ('City Code"), subject to the
limitations outlined in the Increment II Development Order; and
WHEREAS, the proposed Legacy Project would be an invaluable addition to the City's
waterfront for years to come, resulting in the reduction of electric and maintenance costs and
will provide a breathtaking backdrop for Super Bowl 2020 to be help in Bayfront Park and
televised world-wide; and
WHEREAS, the proposed Legacy Project will ensure light on the Baywalk, which is an
invaluable asset for the greater public seeking mobility options in the Downtown area;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OFL.
MIAMI, FLORIDA:
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Section 1, The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to appropriate and to pay DDR1
Transportation Mitigation Fees in the amount of Three Hundred Thousand Dollars
($300,000.00) to the Miami DDA for expenses related to the production, engineering, and
installation of the Super Bowl 2020 Legacy Project.
Section 3. The Legacy Project is approved as the Super Bowl 2020 Legacy Project to
be managed by the Miami DDA in accordance with the limitations outlined in the Increment II
Development Order pursuant to Chapter 13, Article II of the City Code.
Section 4. The City Manager is authorized to negotiate and execute any and all
documents necessary in order to accomplish the intent as stated herein, all in a form acceptable
to the City Attorney.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
' 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.
= 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 3 of 4 File JD: 6110 (Revision: A) Printed on: 6/25/2019
File ID: 6110
Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 6/18/2019 (11 ria ndez. ity 'ttor ey 6/25/2019
City of Miami Page 4 of 4 File ID: 6110 (Revision.' A) Printed on: 6/25/2019