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Home My WebLink AboutR-22-0153City of Miami Resolution R-22-0153 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11785 Final Action Date: 4/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; FURTHER AUTHORIZING THE ACCEPTANCE OF A DONATION FROM THE PERPETUAL LOVE L TRUST, LLC OR AN AFFILIATE THEREOF ("CENTNER"), WITH A MINIMUM VALUE OF TEN MILLION DOLLARS ($10,000,000), IN THE FORM OF A RECREATIONAL FACILITY TO BE CONSTRUCTED ON THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA KNOWN AS BISCAYNE PARK ("PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DONATION AND CONSTRUCTION AGREEMENT WITH CENTNER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR CENTNER TO CONSTRUCT ON THE PARK THE RECREATIONAL FACILITY AT CENTNER'S SOLE COST AND EXPENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT WITH CENTNER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AUTHORIZING FOR CENTNER TO PROVIDE LIMITED PROGRAMMING AT THE PARK AND FOR CENTNER TO PAY FOR ALL MAINTENANCE AND SECURITY EXPENSES AT THE RECREATIONAL FACILITY AT CENTNER'S SOLE COST AND EXPENSE, AUTHORIZING CENTNER TO OPERATE CONCESSIONS WITHIN THE RECREATIONAL FACILITY AND, PROVIDING THAT FIFTY PERCENT (50%) OF ALL REVENUES GENERATED BY CENTNER SHALL BE PAID TO THE CITY, WITH THE REMAINING AMOUNT TO BE UTILIZED BY CENTNER FOR THE COST OF MAINTENANCE, OPERATIONS, AND SECURITY AT THE PARK, FORA TERM OF TEN (10) YEARS; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE THE EXISTING REVOCABLE LICENSE AGREEMENT WITH THE PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. ON THE PARK; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE OR AMEND THE EXISTING REVOCABLE LICENSE AGREEMENT WITH TEMPLE ISRAEL OF GREATER MIAMI, INC. AS NECESSARY TO PERMIT THE DEVELOPMENT OF THE FACILITY ON THE PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION AND IMPLEMENTATION OF THE DONATION AND CONSTRUCTION AGREEMENT AND REVOCABLE LICENSE AGREEMENT. City of Miami Page 1 of 4 File ID: 11785 (Revision:) Printed On: 6/12/2025 File ID: 11785 Enactment Number: R-22-0153 SPONSOR(S): Commissioner Alex Diaz de la Portilla WHEREAS, the City of Miami's ("City") owns the property located at 150 Northeast 19th Street, Miami, Florida, known as Biscayne Park ("Park"); and WHEREAS, on October 22, 2020 the City Commission passed Resolution No. R-20- 0352 directing the City Manager to negotiate with the David and Leila Centner Family Foundation Inc. for the potential donation of ten million dollars ($10,000,000) to invest in park space in the City of Miami ("Resolution"); and WHEREAS, such Resolution further required the negotiations to include public input including input from the School Board of Miami -Dade County and the OMNI Community Redevelopment Agency; and WHEREAS, the City wishes to permit the development of a state of the art recreational facility ("Facility") at the Park and accept the donation thereof, which shall have a value of at least ten million dollars ($10,000,000); and WHEREAS, on April 5, 2022, the City held a public meeting at the Centner Academy to obtain public feedback on the proposed Facility, including input from representatives of the School Board of Miami -Dade County and the OMNI Community Redevelopment Agency; and WHEREAS, the City desires to enter into a Donation and Construction Agreement for Centner to access and construct upon the Park to develop the Facility by The Perpetual Love L Trust, LLC or an affiliate of the David and Leila Centner Family Foundation Inc. ("Centner") at Centner's sole cost and expense and donate the same to the City; and WHEREAS, the City further desires to enter into a Revocable License Agreement authorizing for Centner to provide limited programming at the Park, to pay for all maintenance and security expenses at the recreational facility at Centner's sole cost and expense, authorizing Centner to operate concessions within the recreational facility and, providing that fifty percent (50%) of all revenues generated by Centner shall be paid to the City, with the remaining amount to be utilized by Centner for the cost of maintenance, operations, and security at the Park, for a term of ten (10) years; and WHEREAS, the City has an existing Revocable License Agreement dated March 19, 1996 with the People United to Lead the Struggle for Equality, Inc. on the Park, which is terminable at will by the City with thirty (30) days' notice ("PULSE License"); and WHEREAS, the Licensee under the PULSE License has not been active on the site for a significant amount time and the development of the Facility will require the termination of the PULSE License; and WHEREAS, the City also has an existing Revocable License Agreement dated August 23, 2002 with Temple Israel of Greater Miami, Inc. on the Park, which is terminable at will by the City with thirty (30) days' notice ("Temple License"); and WHEREAS, the development of the Facility will require the use of a portion of the land subject to the Temple License; and WHEREAS, the City wishes to terminate the PULSE License and either partially terminate or amend the Temple License in order to facilitate the development of the Facility; and City of Miami Page 2 of 4 File ID: 11785 (Revision:) Printed on: 6/12/2025 File ID: 11785 Enactment Number: R-22-0153 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference incorporated as if fully set forth in this section. Section 2. The City Manager is authorized' to accept a donation from Centner, with a minimum value of ten million dollars ($10,000,000), in the form of a recreational facility to be constructed upon the Park. Section 3. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, is ratified, approved, and confirmed, the requirements for said procedures are waived, and the City Manager's recommendations and finding, attached and incorporated as Exhibit "A," that Centner is the most qualified organization to provide the herein described services, is approved. Section 4. The City Manager is further authorizedI negotiate and execute a Donation and Construction Agreement, in a form acceptable to the City Attorney, with Centner, providing for Centner to access and construct upon the Park a recreational facility at Centner's sole cost and expense. Section 5. The City Manager is further authorized' to negotiate and execute a Revocable License Agreement, in a form acceptable to the City Attorney, with Centner, providing for Centner to provide limited programming at the Park, to pay for all maintenance and security expenses at the recreational facility at Centner's sole cost and expense, authorizing Centner to operate concessions within the recreational facility and, providing that fifty percent (50%) of all revenues generated by Centner shall be paid to the City, with the remaining amount to be utilized by Centner for the cost of maintenance, operations, and security at the Park, for a term of ten (10) years. Section 6. The City Manager is further authorized' and directed to terminate the PULSE License. Section 7. The City Manager is further authorized' and directed to terminate or amend the Temple License as necessary to permit the development of the Facility on the Park. Section 8. The City Manager is further authorized1 to execute any and all other necessary documents, all in forms acceptable to the City Attorney, including, without limitation, a termination and/or amendment of all existing license agreements within the Park, in order to implement the acceptance of said donation and implementation of the Donation and Construction Agreement and Revocable License Agreement. Section 9. 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 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: 11785 (Revision:) Printed on: 6/12/2025 File ID: 11785 Enactment Number: R-22-0153 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton 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 4 of 4 File ID: 11785 (Revision:) Printed on: 6/12/2025