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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13401 Date: 01/27/2023 Commission Meeting Date: 03/09/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 3 Type: Resolution Subject: Amend Public Benefit Agreement - New Fire Station No. 4 Purpose of Item: A Resolution of the Miami City Commission, authorizing the City Manager to negotiate and execute, the First Amendment to Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("Amendment"), between the City of Miami ("City") and 191 SW 12 Owner, LLC, a Florida limited liability company, ("Developer"), collectively the ("Parties"), whereby pursuant to the Public Benefit Agreement, the Parties wish to amend the Public Benefit Agreement to clarify the obligations of the Developer and the City to temporarily relocate Fire Station No. 4 at the Developer's sole expense, with terms and conditions more particularly described in the Amendment; further authorizing the City Manager to make revisions and non -substantive amendments as needed, all in a form acceptable to the City Attorney. Background of Item: The Developer is the owner of that certain real property in the City of Miami located at 145, 155, 165, 191 SW 12 Street, (the "191 SW 12 Street Property") and the City is the owner of certain real property in the City of Miami located at 1105, 1115, 1131, 1133 SW 2 Avenue, (the "Existing Fire Station Property"). Pursuant to City of Miami Resolution No. R-20-0059 adopted by the City of Miami Commission, the City and the Developer entered into a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 recorded at Official Record Book 31909 at Page 847 (the "Public Benefit Agreement"). Section 10 of the Public Benefit Agreement provides that the Developer shall construct a new fire station and parking garage as part of a mixed -use project known as 1 Southside Park (the "Project"). The Developer has commenced site development for the Project and pursuant to Section 23 of the Public Benefit Agreement, the City and the Developer agreed to cooperate with each other to the fullest extent practicable to achieve construction efficiency during construction. The City and the Developer desire to temporarily relocate Fire Station No. 4 to temporary facilities within Southside Park in order to maintain emergency operations and expedite construction of Project including the delivery of the new Fire Station No. 4. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B and Asset Management 01/27/2023 11:33 AM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez Thomas M. Fossler Victoria Mendez Maricarmen Lopez City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed 01/31/2023 10:38 AM Completed 01/31/2023 5:05 PM Completed 01/31/2023 8:39 PM Completed 01/31/2023 9:01 PM Completed 02/27/2023 7:33 PM Completed 02/28/2023 1:19 PM Completed 02/28/2023 1:42 PM Completed 03/09/2023 9:00 AM Completed 03/10/2023 5:50 PM City of Miami Legislation Resolution Enactment Number: R-23-0127 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13401 Final Action Date:3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 ("PBA") BETWEEN THE CITY OF MIAMI ("CITY") AND 191 SW 12 OWNER LLC ("DEVELOPER") FOR THE PURPOSE OF CLARIFYING THE OBLIGATIONS OF THE PARTIES WITH REGARDS TO THE RELOCATION OF FIRE STATION NO. 4 INTO TEMPORARY FACILITIES LOCATED AT SOUTHSIDE PARK AT THE DEVELOPER'S SOLE EXPENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES BETWEEN MIAMI- DADE COUNTY AND THE CITY AND ANY OTHER AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 191 SW 12 Owner LLC ("Developer") is the owner of that certain real property in the City of Miami ("City") located at 145, 155, 165, 191 Southwest 12 Street, Miami, Florida; and WHEREAS, the City of Miami ("City") is the owner of certain real property in the City of Miami located at 1105, 1115, 1131, 1133 Southwest 2 Avenue, Miami, Florida, which includes the existing Fire Station No. 4 facility; and WHEREAS, pursuant to Resolution No. R-20-0059 adopted by the City Commission, the City and the Developer entered into a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 recorded at Official Record Book 31909 at Page 847 ("PBA"); and WHEREAS, Section 10 of the PBA provides that the Developer shall construct a new fire station and parking garage as part of a mixed -use project known as 1 Southside Park ("Project"); and WHEREAS, the Developer has commenced site development for the Project; and WHEREAS, pursuant to Section 23 of the PBA, the City and the Developer agreed to cooperate to the fullest extent practicable to achieve construction efficiency during construction; and WHEREAS, the City and the Developer desire to temporarily relocate Fire Station No. 4 from its existing structure to temporary facilities within Southside Park in order to maintain emergency operations and expedite construction of the Project, including the delivery of the new Fire Station No. 4; 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. The City Manager is hereby authorized' to negotiate and execute an amendment to the PBA between the City and Developer for the purpose of clarifying the obligations of the Developer and the City with regards to the relocation of Fire Station No. 4 into temporary facilities located at Southside Park at the Developer's sole expense, in a form acceptable to the City Attorney. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents, including, but not limited to, an Agreement for Water and Sanitary Sewer Facilities between Miami -Dade County and the City and any other amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and all in compliance with applicable provisions of the City of Miami Code of Ordinances, as amended ("City Code"), including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey ) 2/2872023 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.