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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #12540 Resolution Sponsored by: Commissioner Joe Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) AND SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18- 72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED RESTRICTIVE COVENANTS, WITH AFFORDABLE HOUSING RESTRICTIONS AND SECTION 29-B(C) RELATED RESTRICTIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BRIGADE 2506"), OR A SUBSIDIARY OF BRIGADE 2506 OF WHICH BRIGADE 2506 POSSESSES AT LEAST A FIFTY-ONE PERCENT (51%) OWNERSHIP INTEREST AND WHOSE LEGAL EXISTENCE IS ACCEPTABLE TO THE CITY IN ITS SOLE AND ABSOLUTE DISCRETION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND A MUSEUM ON THE CITY -OWNED PARCEL OF LAND THAT IS CURRENTLY OCCUPIED BY THE TOWER THEATER PARKING LOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE TERMS AND RESTRICTIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12540 Final Action Date:9/22/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) AND SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18- 72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED RESTRICTIVE COVENANTS, WITH AFFORDABLE HOUSING RESTRICTIONS AND SECTION 29-B(C) RELATED RESTRICTIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BRIGADE 2506"), OR A SUBSIDIARY OF BRIGADE 2506 OF WHICH BRIGADE 2506 POSSESSES AT LEAST A FIFTY-ONE PERCENT (51%) OWNERSHIP INTEREST AND WHOSE LEGAL EXISTENCE IS ACCEPTABLE TO THE CITY IN ITS SOLE AND ABSOLUTE DISCRETION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND A MUSEUM ON THE CITY -OWNED PARCEL OF LAND THAT IS CURRENTLY OCCUPIED BY THE TOWER THEATER PARKING LOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE TERMS AND RESTRICTIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the Tower Theater located at 1508 Southwest 8th Street, Miami, Florida ("Theater"); and WHEREAS, the Bay of Pigs Veterans Association, 2506 Brigade, Inc. ("Brigade 2506") is a not for profit corporation that currently runs and maintains a library and museum to honor the 2506 Brigade Veterans through fundamental programs inspired by the same ideals displayed on April 17, 1961, when the members of 2506 Brigade fought the Communist dictatorship in Cuba; and WHEREAS, the Brigade 2506 has the capabilities to develop affordable housing and a museum on the site described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, the Property will be leased through one or more lease agreements and restrictive covenants running with the land; and WHEREAS, the Brigade 2506, or its subsidiary of which Brigade 2506 possesses at least a fifty-one percent (51 %) ownership interest and whose legal existence is acceptable to the City in its sole and absolute discretion ("Subsidiary"), proposes to develop a museum and residential affordable homeownership and/or rental housing units on the Property, which shall be occupied by eligible low to moderate income persons; and WHEREAS, the restrictions contained in the lease agreement, and a related restrictive covenants, shall require the automatic termination of the lease agreement with the ownership of the Property and all improvements thereon vesting in the City if: (i) the Property is not fully developed within twenty-four (24) months of the date of closing as evidenced by a Certificate of Occupancy, where the twenty-four (24) month requirement may be amended by the Director of the Department of Real Estate and Asset Management ("Director") by a written communication and/or (ii) the Property is not used for affordable housing, and a museum; and WHEREAS, any mortgages obtained by Brigade 2506, or its Subsidiary, on the Property will be subject to the approval of the Director; and WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission"; and WHEREAS, Section 29-B(c) of the City Charter provides for the waiver of competitive bidding and other requirements when "conveying property to implement projects of any governmental agency or instrumentality"; and WHEREAS, the City Commission authorizes and directs the Administration to negotiate and execute a lease agreement and related restrictive covenants, with affordable housing and 29-B(c)-related restrictions, as well as any and all other necessary documents, so that Brigade 2506, or its Subsidiary, can develop affordable housing and a museum on the Property; 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, pursuant to Sections 29-B(a) and 29-B(c) of the City Charter and Section 18- 72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager is authorized' to negotiate and execute a lease agreement and related restrictive covenants, with affordable housing and 29-B(c)-related restrictions, in a form acceptable to the City Attorney and Bond Counsel, between the City and Brigade 2506, or its Subsidiary, for the development of affordable housing and a museum on the Property, subject to the terms and restrictions stated herein. Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. 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. APPROVED AS TO FORM AND CORRECTNESS: