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HomeMy WebLinkAboutPre-LegislationCity of Miami Resolution R-18-0177 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3958 Final Action Date: 5/10/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $1,530,000.00 FROM 2017- 2018 UNALLOCATED CDBG FUNDS, DE -OBLIGATED FUNDS FROM PRIOR YEARS ACTIVITIES, AND UNALLOCATED PROGRAM INCOME TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE OF THE CARVER THEATER LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA ("THEATER"), FOR COMMUNITY ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AS PURCHASER, AND GATOR CARVER THEATER LLC ("GATOR"), AS SELLER, FOR THE ACQUISITION OF SAID THEATER; ALLOCATING THE ABOVE DESCRIBED FUNDS TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, SECURING THE PROPERTY, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, on April 12, 2018, pursuant to Resolution No.18-0138, the City Commission approved an allocation of $968,204.00 in Community Development Block Grant ("CDBG") funds for economic development activities, which included an amount of $858,204.00 that has yet to be allocated to direct activities, to the Office of Capital Improvements ("OCI") Program for Street and Park improvements; and WHEREAS, the amount of $858,204.00 represents the economic development funds earmarked for Districts 3 and 5 that are required to be allocated and spent so the City of Miami ("City") can meet its CDBG timeliness test on August 1, 2018; and WHEREAS, on May 10, 2018, pursuant to Resolution No.18-0184, the City Commission approved the de -obligation of $98,977.57 from various prior year activities; and WHEREAS, since September 8, 2016, the City has allocated $1,246,984.51 in CDBG Program Income to eligible CDBG housing and economic development activities, of which an City of Miami Page 1 of 2 File ID: 3958 (Revision: A) Printed On: 3/28/2023 File ID: 3958 Enactment Number: R-18-0177 amount of $670,578.00 has been allocated, which leaves an unallocated balance of $576,406.41; and WHEREAS, the Liberty City Community needs additional community space for community events and the restoration of a marquee Liberty City historic theatre; and WHEREAS, the City Administration recommends the allocation of CDBG funds to the Department of Real Estate and Asset Management ("DREAM") in the amount of $1,530,000.00 for the purchase of Carver Theater located at 6016 Northwest 7th Avenue, Miami, Florida ("Theater"), for community activities; 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. The allocation of CDBG funds in the amount of $1,530,000.00 from 2017- 2018 unallocated CDBG funds, de -obligated funds from prior years activities, and unallocated program income to DREAM for the purchase of the Theater for community activities, is authorized.' Section 2. The City Manager is authorized' to execute a Purchase and Sale Agreement ("Agreement"), in substantially the attached form, between the City, as purchaser, and Gator Carver Theater LLC ("Gator"), as seller, for the acquisition of said Theater, allocating the funds described in Section 2 to cover the cost of said acquisition, inclusive of the cost of a survey, environmental report, title insurance, securing the property, and related closing costs associated with said acquisition, in accordance with the terms and conditions of the Agreement Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents, in a form acceptable to the City Attorney, including amendments, renewals, extensions, and modifications, as may be necessary for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City 'ttar ey 6/4/2018 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. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 3958 (Revision: A) Printed on: 3/28/2023 City of Miami Resolution R-19-0249 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5945 Final Action Date: 6/27/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM ACTIVITY RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, ALSO KNOWN AS THE CARVER THEATER ("PARCEL"), TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE REDEVELOPMENT OF THE PARCEL FOR HOUSING, SUBJECT TO CDBG PROGRAM RESTRICTIONS AND/OR OTHER ELIGIBLE CDBG ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PARCEL TO THE DEVELOPER. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, on May 10, 2018, pursuant to Resolution No. 18-0177, the City Commission authorized, by extraordinary vote, the purchase of the Carver Theater located at 6016 Northwest 7th Avenue, Miami, Florida, as legally described in Attachment "A," attached and incorporated ("Parcel"), in the amount of $1,530,000.00 in Community Development Block Grant ("CDBG") funds ("Funds") for community activities; and WHEREAS, the City Commission now wishes to consider a proposed redevelopment of the Parcel which will provide housing, subject to CDBG program restrictions and/or other eligible CDBG activities for low to moderate income persons; and WHEREAS, the City of Miami ("City") Administration recommends transferring with CDBG activity restrictions and automatic reverter provisions the City -owned Parcel to the Developer in "as is" and "where is" condition; and WHEREAS, because the City acquired the Parcel with CDBG Funds, the Developer and the City must comply with all federal regulations that regulate the use of such Funds; and WHEREAS, the CDBG activity restrictions and automatic reverter provisions contained in the conveying instruments shall require the Parcel to automatically revert to the City if (i) the Parcel is used for any non-CDBG eligible activity and/or (ii) the Parcel is encumbered or transferred without the approval of the City; and City of Miami Page 1 of 2 File ID: 5945 (Revision:) Printed On: 3/28/2023 File ID: 5945 Enactment Number: R-19-0249 WHEREAS, the Parcel shall be redeveloped as housing, subject to CDBG program restrictions and/or for an eligible CDBG activity serving low to moderate income residents in accordance with Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, Section 29-B(a) of the City Charter states that competitive bidding shall not apply to properties that are conveyed to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income; and WHEREAS, the City shall require the following in order to convey the Parcel to the Developer: (i) evidence satisfactory to the Director of the Department of Housing and Community Development ("Director") that financial commitments from the lender or lenders have been received; (ii) any mortgages obtained by the Developer on the Parcel will be subject to the approval of the Director; and (iii) the closing of the Parcel occurs simultaneously with the closing of the construction financing by the lender(s), if any; and WHEREAS, the Parcel shall be conveyed through an agreement ("Agreement") and any and all other necessary documents, all in form(s) acceptable to the City Attorney; 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. Pursuant to Section 29-B(a) of the City Charter the City Manager is authorized' to transfer, with CDBG program restrictions and automatic reverter provisions, the City -owned Parcel to the Developer for the redevelopment of the Parcel for housing, subject to CDBG program restrictions and/or for other eligible CDBG activities. Section 3. The City Manager is further authorized' to negotiate and execute an Agreement and any and all other necessary documents, all in a form acceptable to the City Attorney, to transfer the Parcel to the Developer. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 6/18/2019 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. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 5945 (Revision:) Printed on: 3/28/2023 City of Miami Resolution R-22-0213 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12031 Final Action Date: 6/9/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("LIBERTY CITY TRUST") SERVING AS A FISCAL AGENT FOR THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLK EDC"), FOR GRANT FUNDS MLK EDC OR THE LIBERTY CITY TRUST MAY RECEIVE FOR THE REDEVELOPMENT OF THE PARCEL LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE CARVER THEATER, FOR HOUSING, SUBJECT TO COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM RESTRICTIONS AND/OR OTHER ELIGIBLE CDBG ACTIVITIES ("PROJECT"), AND SUBJECT TO ALL APPROPRIATE AND NECESSARY BUDGETARY APPROVALS FOR THE RECEIPT, ALLOCATION, AND APPROPRIATION OF SAID FUNDS TO OCCUR BY SEPARATE RESOLUTION(S) AT THE TIME OF AWARD OF THE FUNDS. SPONSOR(S): Commissioner Christine King WHEREAS, the Liberty City Community Revitalization Trust is a limited agency and instrumentality of the City of Miami ("Liberty City Trust") whose purpose is to promote economic development, business, and commerce in the Liberty City Trust area; and WHEREAS, pursuant to City of Miami ("City") Resolution No. R-19-0249, adopted on June 27, 2019, the City transferred a City -owned parcel of land and all improvements thereon located at 6016 Northwest 7th Avenue, Miami, Florida, also known as the Carver Theater ("Parcel"), to Martin Luther King Economic Development Corporation, a Florida not for profit corporation ("MLK EDC"), for the redevelopment of the parcel for housing, subject to Community Development Block Grants ("CDBG") program restrictions and/or other eligible CDBG activities ("Project"); and WHEREAS, the Parcel is located within the Liberty City Trust area; and WHEREAS, pursuant to Section 12.5-28(6) of the Code of the City of Miami, Florida, as amended ("City Code"), the powers and duties of the Liberty City Trust includes implementing full and active participation and cooperation with public and private entities in furtherance of the Liberty City Trust's purpose to oversee and facilitate the revitalization of the Liberty City Trust area to improve the quality of life for residents of this neighborhood; and WHEREAS, pursuant to Section 12.5-28(7) of the City Code, subject to City Commission approval, the Liberty City Trust may participate in any other fundraising activity, whether solely involving the Liberty City Trust or involving partnerships with other persons or public or private organizations, which furthers the Liberty City Trust's purpose; and City of Miami Page 1 of 2 File ID: 12031 (Revision: A) Printed On: 3/28/2023 File ID: 12031 Enactment Number: R-22-0213 WHEREAS, the Project is eligible for funding from various public and private entities; and WHEREAS, MLK EDC has requested that the Liberty City Trust undertake the responsibility of being MLK EDC's fiscal agent in order to assist in the development of the Project ("Fiscal Agent"); and WHEREAS, it is in the best interest of the City and the Liberty City Trust for the Liberty City Trust to serve as a Fiscal Agent for the MLK EDC for funding that the MLK EDC or the Liberty City Trust may receive for the redevelopment of the Parcel and completion of the Project which is in furtherance of the Liberty City Trust's goals for the Liberty City Trust area; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Commission approves the Liberty City Trust serving as a Fiscal Agent for the MLK EDC for funding that the MLK EDC or the Liberty City Trust may receive for the redevelopment of the Parcel and completion of the Project, subject to all appropriate and necessary budgetary approvals for the receipt, allocation, and appropriation of said funds to occur by separate Resolution(s) at the time of award of the funds. Section 3. The City Clerk is directed to transmit a certified copy of this Resolution to the Executive Director of the Liberty City Trust. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: nd e z, pity ttar ey 6/12/2022 City of Miami Page 2 of 2 File ID: 12031 (Revision: A) Printed on: 3/28/2023