Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17027 Date: 12/03/2024 Commission Meeting Date: 01/23/2025 Requesting Department: Department of Parks and Recreation Sponsored By: District Impacted: District 3 Type: Resolution Subject: Accept Term Sheet - School House Activation Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A TERM SHEET AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT IN ACCORDANCE THEREWITH FOR PROPERTY LOCATED AT 142 SW 11 STREET AND IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 01- 4138-051-0380, SPECIFICALLY RELATED TO THE HISTORICALLY DESIGNATED, FIRST MIAMI SCHOOL HOUSE ("SCHOOL HOUSE") BETWEEN THE CITY OF MIAMI ("CITY") AND 191 SW 12 OWNER LLC ("DEVELOPER/LESSEE") FOR THE PURPOSE OF ACTIVATING THE SCHOOL HOUSE FOR PUBLIC USE AND ENJOYMENT, SPECIFICALLY INCLUDING FOR COMMERCIAL, RETAIL, AND RESTAURANT/ CAFE PURPOSES, AND INCLUDING INTERIOR AND EXTERIOR RENOVATIONS TO PRESERVE AND ENHANCE THE HISTORIC STRUCTURE; CLARIFYING THE OBLIGATIONS OF THE PARTIES WITH REGARDS TO THE LEASE AND REDEVELOPMENT OF THE SCHOOL HOUSE, 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. Background of Item: WHEREAS, the City of Miami ("City") is the owner of property located at 142 SW 11 Street and identified by Miami -Dade County Folio No. 01-4138-051-0380, specifically related to the historically designated, First Miami School House ("School House"), and WHEREAS, pursuant to Resolution No. R-20-0059 adopted on February 24, 2020, the City and 191 SW 12 Owner, LLC ("Developer/Lessee") entered into that certain Public Benefits Agreement dated as of April 13, 2020 ("2020 Public Benefits Agreement"); and WHEREAS, according to the 2020 Public Benefits Agreement, the Developer/Lessee is to redevelop property abutting the School House and located at 191 Southwest 12th Street, Miami, Florida 33130 with a new, state of the art, high density, mixed use, transit -oriented urban development ("Development") providing much needed retail uses and amenities for the Brickell Station Subzone and surrounding urban areas; and WHEREAS, the Developer/Lessee has commenced site development for the Development; and WHEREAS, in furtherance of the Developer/Lessee's construction of the Development, the Developer/Lessee has agreed to activate the School House for the public use and enjoyment, specifically including for commercial, retail, and restaurant/ cafe purposes, and including interior and exterior renovations to preserve and enhance the historic structure; and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended, provides for the waiver of competitive bidding and other requirements when "conveying property to implement projects of any governmental agency or instrumentality." 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 City Manager's Office City Manager's Office City Manager's Office Unknown Christopher Evans Office of Management and Budget Legislative Division City Commission City Commission Office of the City Attorney Office of the City Attorney Reviewed B Arthur Noriega V Natasha Colebrook -Williams Barbara Hernandez Department Head Review Leon P Michel Valentin J Alvarez Teri Samuels Maricarmen Lopez Jacqueline Lorenzo George K. wysong III City Manager Review Deputy City Manager Review Assistant City Manager Review Completed Budget Review Legislative Division Review Meeting Meeting ACA Review Approved Form and Correctness Completed 12/03/2024 10:41 PM Completed 12/03/2024 10:43 PM Completed 12/03/2024 10:45 PM 12/03/2024 10:46 PM Completed 12/03/2024 10:49 PM Completed 12/03/2024 11:50 PM Completed 12/12/2024 9:00 AM Completed 01/23/2025 9:00 AM Pending Pending City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17027 Final Action Date:1/23/2025 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTENT WITH THE BUSINESS TERMS SET FORTH IN THE ATTACHED TERM SHEET, AND SUBJECT TO THE REQUIREMENTS OF CITY OF MIAMI CHARTER SECTION 29-B FOR THE CITY -OWNED PROPERTY LOCATED AT 142 SOUTHWEST 11 STREET AND IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 01-4138-051-0380, SPECIFICALLY RELATED TO THE HISTORICALLY DESIGNATED FIRST MIAMI SCHOOL HOUSE ("SCHOOL HOUSE") BETWEEN THE CITY OF MIAMI ("CITY") AND 191 SW 12 OWNER LLC ("DEVELOPER/LESSEE") FOR THE PURPOSE OF ACTIVATING THE SCHOOL HOUSE FOR PUBLIC USE AND ENJOYMENT, SPECIFICALLY INCLUDING FOR COMMERCIAL, RETAIL, AND RESTAURANT/CAFE PURPOSES, AND INCLUDING INTERIOR AND EXTERIOR RENOVATIONS TO PRESERVE AND ENHANCE THE HISTORIC STRUCTURE; 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 CHARTER AND 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 FURTHER SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the owner of property located at 142 Southwest 11 Street and identified by Miami -Dade County Folio No. 01-4138-051-0380, which is the current site of the historically designated, First Miami School House ("School House"), and WHEREAS, pursuant to Resolution No. R-20-0059 adopted on February 24, 2020, the City and 191 SW 12 Owner, LLC ("Developer/Lessee") entered into that certain Public Benefits Agreement dated as of April 13, 2020 ("2020 Public Benefits Agreement"); and WHEREAS, according to the 2020 Public Benefits Agreement, the Developer/Lessee is to redevelop the properties abutting the School House, including the parcels located at 191, 165, 155, and 145 Southwest 12th Street, Miami, Florida 33130 and the City -owned parcels located at 1133, 1131, 1115, and 1105 Southwest 2nd Avenue, with a new, state of the art, high density, mixed use, transit -oriented urban development ("Development") providing much needed retail uses and amenities for the Brickell Station Subzone and surrounding urban areas as well as provide for the development of a new City Fire Station and various public benefits; and WHEREAS, the Developer/Lessee has commenced site development for the Development; and WHEREAS, in furtherance of the Developer/Lessee's construction of the Development, the Developer/Lessee has agreed to activate the School House for the public use and enjoyment, specifically including for commercial, retail, and restaurant/cafe purposes, and including interior and exterior renovations to preserve and enhance the historic structure consistent with the business terms set forth in the Term Sheet attached and incorporated as Exhibit A ("Term Sheet"); 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 fully set forth in this Section. Section 2. Subject to the requirements set forth in City Charter Section 29-B, the City Manager is hereby authorized1 to negotiate and execute a Lease Agreement, in a form acceptable to the City Attorney, between the City and Developer/Lessee consistent with the business terms set forth in the Term Sheet for the lease and redevelopment of the School House at the Developer/Lessee's sole expense. 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. The authority granted herein does not constitute an award or confer any contractual or property rights upon Developer/Lessee, unless and until the applicable Agreements are reviewed and approved by the City Attorney and executed by authorized officers of the City and Developer/Lessee. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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. 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.