HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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.
SPONSOR(S): Commissioner Joe Carollo
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
City of Miami Page 1 of 3 File ID: 12540 (Revision:) Printed On: 6/20/2025
File ID: 12540 Enactment Number:
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.
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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.
APPROVED AS TO FORM AND CORRECTNESS:
end e ezCiity Attor ey 9/13/2022
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.
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