HomeMy WebLinkAboutR-21-0447City of Miami
Resolution R-21-0447
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9253 Final Action Date: 10/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
NO. R-20-0295 ADOPTED SEPTEMBER 24, 2020 AND RESOLUTION NO. R-21-0238
ADOPTED JUNE 10, 2021 CONCERNING NEGOTIATIONS WITH SAINT JAMES
COMMUNITY DEVELOPMENT CORPORATION OF MIAMI, INC. AND MIAMI-DADE
COUNTY ("COUNTY") FOR THE CITY OF MIAMI ("CITY") OWNED PROPERTY
LOCATED AT 1785 NORTHWEST 35TH STREET, MIAMI, FLORIDA ("PROPERTY");
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND THE
COUNTY DATED MAY 15, 2007 ("LEASE"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE REQUIRED TO TERMINATE A PORTION OF THE LEASE
TO CARVE OUT THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER
TO TERMINATE THE MIAMI PARKING AUTHORITY PARKING SERVICES
MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF OFF-STREET
PARKING DATED FEBRUARY 28, 2020 ("MOU") IN ACCORDANCE WITH THE
TERMS OF THE MOU; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A QUITCLAIM DEED, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO CONVEY THE PROPERTY TO MIAMI BETHANY
COMMUNITY SERVICES, INC. ("MIAMI BETHANY") PURSUANT TO SECTION 29-
B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR
THE PURPOSE OF REDEVELOPING THE PROPERTY INTO WORKFORCE AND
AFFORDABLE HOUSING ("PROJECT"), SUBJECT TO A REVERTER PROVISION
WITH TERMS MORE PARTICULARLY DESCRIBED THEREIN AND
INCORPORATION OF THE LIBRARY INTO THE PROJECT; FURTHER DIRECTING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, ANY AND ALL DOCUMENTS NECESSARY WITH THE
COUNTY AND MIAMI BETHANY TO PROVIDE FOR THE INCLUSION OF A NEW
COUNTY PUBLIC LIBRARY WITHIN THE PROJECT TO REPLACE THE EXISTING
ALLAPATTAH BRANCH PUBLIC LIBRARY; FURTHER DIRECTING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY, ANY AND ALL DOCUMENTS NECESSARY WITH THE COUNTY
AND MIAMI BETHANY TO ENSURE THE CONTINUOUS OPERATION AND PUBLIC
AVAILABILITY OF THE LIBRARY AT THE PROPERTY, OR OTHER ACCEPTABLE
LOCATION ON A TEMPORARY BASIS, UNTIL SUCH TIME THE LIBRARY IS
INCORPORATED WITHIN THE PROJECT AND OPEN AND AVAILABLE TO THE
PUBLIC; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS AND AMENDMENTS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY
TO CONSUMMATE THE CONVEYANCE AND/OR PARTIALLY TERMINATE THE
LEASE AND MOU AS PROVIDED HEREIN.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, the City of Miami ("City") is the fee simple owner of the property located at
1785 Northwest 35th Street, Miami, Florida ("Property"); and
City of Miami Page 1 of 4 File ID: 9253 (Revision: B) Printed On: 6/3/2025
File ID: 9253 Enactment Number: R-21-0447
WHEREAS, the City and Miami -Dade County ("County") entered into a lease agreement
dated November 1, 1971, which allowed the transfer of the City's Library Systems to the County
("Lease"); and
WHEREAS, the Lease was extended and renewed on May 15, 2007 for the County to
continue to lease, operate, and maintain eight (8) public library facilities, inclusive of Allapattah
Public Branch Library ("Library") on the Property; and
WHEREAS, the City entered into a Miami Parking Authority Parking Services
Memorandum of Understanding with the Department of Off -Street Parking a/k/a the Miami
Parking Authority ("MPA") dated February 28, 2020, as amended on October 9, 2020, for MPA
to provide parking services on the Property ("MOU"), which provides that either party may
terminate with one hundred twenty (120) days' prior written notice; and
WHEREAS, the City Commission adopted Resolution No. R-20-0295 on September 24,
2020 authorizing the City Manager to negotiate and execute a partial termination of the Lease
and to negotiate and execute a conveyance of the Property to Saint James Community
Development Corporation of Miami, Inc., or an affiliate entity meeting the City Manager's
approval at the time of conveyance ("St. James"), subject to various conditions described in the
Resolution; and
WHEREAS, on June 10, 2021, pursuant to Resolution No. R-21-0238, the City
Commission further directed the City Manager to negotiate with St. James and the County for
the continuous operation of the Library during construction of the Project and the inclusion of the
Library within the Project; and
WHEREAS, to date, no agreements have been executed in furtherance of Resolution
Nos. R-20-0295 or R-21-0238; and
WHEREAS, the City Commission wishes to rescind Resolution Nos. R-20-0295 and R-
21-0238 so that the City Commission may proceed in a manner that would be most beneficial to
the City and its residents; and
WHEREAS, development of affordable and workforce housing continues to be of great
importance for the City and its residents; and
WHEREAS, Miami Bethany Community Services, Inc. ("Miami Bethany") is a Florida not -
for -profit corporation with the purpose of providing relief of the poor, distressed, or
underprivileged and similar purposes consistent with implementing workforce and affordable
housing ("Project") on the Property; and
WHEREAS, in order for Miami Bethany to develop the Project on the Property, the City
must partially terminate the Lease as it pertains to the Library on the Property; and
WHEREAS, the City must also terminate the MOU in order for Miami Bethany to develop
the Project on the Property; and
WHEREAS, public libraries provide necessary resources such as internet access and
literary materials to the most vulnerable populations within the community, including, but not
limited to, high -risk students, seniors, homeless individuals, and immigrants; and
City of Miami Page 2 of 4 File ID: 9253 (Revision: B) Printed on: 6/3/2025
File ID: 9253 Enactment Number: R-21-0447
WHEREAS, the Project will include a new public library no less than five thousand
(5,000) square feet in size located within the ground floor in order to continue to provide the
aforementioned resources to the community; and
WHEREAS, the design and development of the Library within the Project should take
into consideration the input provided by the community and various stakeholders; and
WHEREAS, the Library will continue to operate at all times during the design and
development of the Project either at the Property or at another publicly accessible nearby
location on a temporary basis until completion and public availability of a new Library within the
Project; and
WHEREAS, the City Manager shall negotiate with Miami Bethany and the County for the
continuous operation of the existing Library and the inclusion of a new Library within the Project;
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 herein as if fully set forth in this Section.
Section 2. Resolution No. R-20-0295 is hereby rescinded in its entirety.
Section 3. Resolution No. R-21-0238 is hereby rescinded in its entirety.
Section 4. The City Manager is authorized' to negotiate and execute an amendment to
the Lease, in a form acceptable to the City Attorney, as may be required to terminate a portion
of the Lease to carve out the Property.
Section 5. The City Manager is authorized' to terminate the MOU with MPA in
accordance with the terms contained in the MOU.
Section 6. The City Manager is authorized' to negotiate and execute a quitclaim deed,
in a form acceptable to the City Attorney, to convey the Property to Miami Bethany pursuant to
Section 29-B(a) of the Charter of the City of Miami, Florida, as amended, for the Project, subject
to a reverter provision with terms more particularly described therein and the various restrictions
provided herein.
Section 7. The City Manager is directed to negotiate and execute any and all agreement
necessary, all in forms acceptable to the City Attorney, with the County and Miami Bethany to
require that the Project include a new Library to replace the existing library on the Property.
Section 8. The City Manager is further directed to negotiate and execute any and all
necessary documents, all in forms acceptable to the City Attorney, with the County and Miami
Bethany to ensure the continuous operation and public availability of the Library at the Property,
or other acceptable location on a temporary basis, until such time a new Library comprised of at
least five thousand (5,000) square feet is incorporated on the ground floor of the Project and
open and available to the public.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 3 of 4 File ID: 9253 (Revision: B) Printed on: 6/3/2025
File ID: 9253
Enactment Number: R-21-0447
Section 9. The City Manager is authorized' to negotiate and execute any and all other
necessary documents, all in forms acceptable to the City Attorney, as deemed necessary to
consummate the conveyance and/or partially terminate the Lease and MOU as provided herein.
Section 10. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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.
City of Miami Page 4 of 4 File ID: 9253 (Revision: B) Printed on: 6/3/2025