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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13794 Date: 04/04/2023 Commission Meeting Date: 04/27/2023 Type: Resolution Subject: Execute Agreement - MFP WASD Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 1 A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to negotiate and execute an agreement for water and sanitary sewer facilities and a Unity of Title ("Agreement"), and enter into any required joinders for said Agreement, in a form acceptable to the City Attorney, with the Miami -Dade County Water and Sewer Department for the provision of water and sanitary sewer services to a City of Miami owned property leased to Miami Freedom Park, LLC ("Tenant") located at 1400 and 1550 Northwest 37 Avenue ("Property"); further authorizing the City Manager to negotiate and execute all other necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate said Agreement. Background of Item: The City of Miami ("City") is the owner of properties located at 1400 and 1550 NW 37th Avenue in Miami -Dade County, Florida (collectively, the "Property"). Pursuant to Resolution No. R-22-0156 approved on April 28, 2022, the City will enter into a Lease Agreement with Miami Freedom Park, LLC (the "Tenant"), for the redevelopment of a portion of the Property pursuant to the Miami Freedom Park Special Area Plan as approved by Ordinance 14093 on September 13, 2022. The Tenant and City require water and sewer services to be rendered for the redevelopment of the Property. The Miami -Dade Water and Sewer Department, a body corporate and political subdivision of the State of Florida ("WASD"), operates the water and sewer systems owned by Miami - Dade County and requires a Water and Sanitary Sewer Facilities Agreement ("Agreement") between WASD, the City, and the Tenant and a Unity of Title. In addition to the Agreement, WASD requires an Unity of Title between WASD, the City, and the Tenant. As the City is the owner of the Property, WASD and the Tenant are requesting that the City enter into the Agreement and/or execute a joinder and consent to the Agreement ("Joinder and Consent") as may be required by WASD. The City Manager hereby requests authorization to negotiate and execute the Agreement and/or any required Joinder and Consent, in a form acceptable to the City Attorney, and the Unity of Title for water and sewer services to the Property. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office Legislative Division City Manager's Office Reviewed B and Asset Management 04/04/2023 4:07 PM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Valentin J Alvarez Arthur Noriega V OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Legislative Division Review City Manager Review Isiaa Jones Approved Form and Correctness Meeting Rendered Department Head Completed Completed Completed Completed Completed ACA Review Completed Completed Completed 04/05/2023 11:19 AM 04/05/2023 1:37 PM 04/11/2023 12:00 PM 04/11/2023 6:41 PM 04/12/2023 5:05 PM Completed 04/17/2023 1:14 PM 04/27/2023 9:00 AM 05/04/2023 4:01 PM City of Miami Legislation Resolution Enactment Number: R-23-0184 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13794 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES AND A UNITY OF TITLE ("AGREEMENT"), AND ENTER INTO ANY REQUIRED JOINDERS FOR SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES TO CITY OF MIAMI OWNED PROPERTY LEASED TO MIAMI FREEDOM PARK, LLC ("TENANT") LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of properties located at 1400 and 1550 Northwest 37 Avenue in Miami -Dade County, Florida (collectively, the "Property"); and WHEREAS, the City entered into a Lease Agreement with Miami Freedom Park, LLC ("Tenant"), for the redevelopment of a portion of the Property pursuant to the Miami Freedom Park Special Area Plan as approved by Ordinance 14093 on September 13, 2022; and WHEREAS, the Tenant and City require water and sewer services to be rendered for the redevelopment of the Property; and WHEREAS, the Miami -Dade Water and Sewer Department, a body corporate and political subdivision of the State of Florida ("WASD"), requires a Water and Sanitary Sewer Facilities Agreement and a Unity of Title ("Agreement") between WASD, the City, and the Tenant; and WHEREAS, as the City is the owner of the Property, WASD and the Tenant are requesting that the City enter into the Agreement and also execute a joinder and consent to the Agreement ("Joinder and Consent"); and WHEREAS, the City Manager hereby requests authorization to negotiate and execute the Agreement, the Joinder and Consent, and any other agreements, including amendments and modifications to said Agreement, as may be required by WASD for water and sewer services to the Property, all in a form acceptable to the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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. The City Manager is hereby authorized1 to negotiate and execute the Agreement, the Unity of Title, and/or any required Joinder and Consent for water and sanitary sewer facilities between WASD, the City, and the Tenant, all in a form acceptable to the City Attorney, for the provision of water and sanitary sewer services necessary for the construction of the redevelopment of the Property. Section 3. The City Manager is further authorized' to negotiate and execute all other necessary documents, including amendments and modifications to said Agreement, all in a form acceptable to the City Attorney, as may be necessary to effectuate said Agreement Section 4. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 4/17/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions.