HomeMy WebLinkAboutR-23-0127City of Miami
Resolution R-23-0127
Legislation
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
City of Miami Page 1 of 2 File ID: 13401 (Revision:) Printed On: 6/27/2025
File ID: 13401 Enactment Number: R-23-0127
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 Attor ey 2/28/2023
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 2 of 2 File ID: 13401 (Revision:) Printed on: 6/27/2025