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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #17219 Resolution Sponsored by: Mayor Francis Suarez, Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A NEW SPECIAL REVENUE ACCOUNT TITLED "PARK FUND FOR MIAMI FREEDOM PARK"; APPROPRIATING AND ALLOCATING FUNDS TO BE USED EXCLUSIVELY FOR IMPROVEMENTS AND MAINTENANCE OF THE FIFTY-EIGHT (58) ACRE PUBLIC PARK TO BE DEVELOPED BY MIAMI FREEDOM PARK, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("MFP") LOCATED AT APPROXIMATELY 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF TWENTY MILLION AND 00/100 DOLLARS ($20,000,000.00), CONSISTING OF TWO (2) TEN MILLION AND 00/100 DOLLARS ($10,000,000.00) PAYMENTS FROM MFP, PURSUANT TO THAT CERTAIN GROUND LEASE FOR SOCCER STADIUM, THAT CERTAIN GROUND LEASE FOR MIAMI FREEDOM PARK COMMERCIAL DEVELOPMENT, AND CERTAIN RELATED EASEMENT AGREEMENTS WITH THE CITY, ALL DATED AS OF FEBRUARY 9, 2023, GOVERNING MFP'S USE OF THE LEASED PROPERTY (COLLECTIVELY, "LEASE AGREEMENT"), AND PURSUANT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MFP REGARDING APPROVAL OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN AND RELATED DEVELOPMENT; DIRECTING THE CITY MANAGER TO IDENTIFY AND ALLOCATE IN THE FISCAL YEAR 2024-2025 MIDYEAR BUDGET AMENDMENT AN ADDITIONAL TWO MILLION, FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,500,000.00) TO CITY COMMISSION DISTRICTS 2, 3, 4, AND 5 FOR A TOTAL AMOUNT NOT TO EXCEED TEN MILLION AND 00/100 DOLLARS ($10,000,000.00); PROVIDING FOR AN EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-25-0040 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17219 Final Action Date:2/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A NEW SPECIAL REVENUE ACCOUNT TITLED "PARK FUND FOR MIAMI FREEDOM PARK"; APPROPRIATING AND ALLOCATING FUNDS TO BE USED EXCLUSIVELY FOR IMPROVEMENTS AND MAINTENANCE OF THE FIFTY-EIGHT (58) ACRE PUBLIC PARK TO BE DEVELOPED BY MIAMI FREEDOM PARK, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("MFP") LOCATED AT APPROXIMATELY 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF TWENTY MILLION AND 00/100 DOLLARS ($20,000,000.00), CONSISTING OF TWO (2) TEN MILLION AND 00/100 DOLLARS ($10,000,000.00) PAYMENTS FROM MFP, PURSUANT TO THAT CERTAIN GROUND LEASE FOR SOCCER STADIUM, THAT CERTAIN GROUND LEASE FOR MIAMI FREEDOM PARK COMMERCIAL DEVELOPMENT, AND CERTAIN RELATED EASEMENT AGREEMENTS WITH THE CITY, ALL DATED AS OF FEBRUARY 9, 2023, GOVERNING MFP'S USE OF THE LEASED PROPERTY (COLLECTIVELY, "LEASE AGREEMENT"), AND PURSUANT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MFP REGARDING APPROVAL OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN AND RELATED DEVELOPMENT; DIRECTING THE CITY MANAGER TO IDENTIFY AND ALLOCATE IN THE FISCAL YEAR 2024-2025 MIDYEAR BUDGET AMENDMENT AN ADDITIONAL TWO MILLION, FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,500,000.00) TO CITY COMMISSION DISTRICTS 2, 3, 4, AND 5 FOR A TOTAL AMOUNT NOT TO EXCEED TEN MILLION AND 00/100 DOLLARS ($10,000,000.00); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the fee simple owner of approximately 130 +/- acres of land located in District 1 located at approximately 4000 Northwest 14 Street, (Folio No. 01-3132-000-0105), 1900 Northwest 37 Avenue (Folio No. 01-3132-000-0095), 1950 Northwest 37 Avenue (Folio No. 01-3132-000-0100), and 1550 Northwest 37 Avenue (Folio No. 01-3132- 000-0090), all located in the City of Miami, Florida, and generally bound on the East by Northwest 37 Avenue, on the West by Northwest 42 Avenue, on the South by Northwest 14 Street, and on the North by the municipal boundary ("Site"); and WHEREAS, in November of 2018, the electorate of the City approved a referendum to approve the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Site as a soccer stadium, offices, entertainment, retail, hotel and conference center, public facilities, and other ancillary commercial development ("Leased Premises"); and WHEREAS, the referendum also approved the creation of a fifty-eight (58) acre world class park adjacent to the Leased Premises located at approximately 1550 Northwest 37th Avenue, Miami, Florida ("Public Park"); and WHEREAS, pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted April 28, 2022, Miami Freedom Park, LLC. a Delaware Limited Liability Company (the "Developer") entered into that certain Ground Lease for Soccer Stadium, that certain Ground Lease for Miami Freedom Park Commercial Development, and certain related easement agreements with the City, all dated as of February 9, 2023, governing the Developer's use of the Leased Property (collectively, "Lease Agreement"); and WHEREAS, the City and ("MFP") entered into a Construction Administration Agreement ("CAA") associated with the lease and development of the Leased Premises; and WHEREAS, pursuant to Ordinance No. 14093 adopted on September 13, 2022 by the City Commission, the City and MFP also entered into a Development Agreement regarding the Miami Freedom Park Special Area Plan ("Development Agreement"); and WHEREAS, as part of the Miami Freedom Park Special Area Plan, the City will retain and operate the Public Park located at approximately 1550 Northwest 37th Avenue, adjacent to the Leased Premises; and WHEREAS, as stipulated in the Section 3.5(A) of the CAA and Section 14(i) of the Development Agreement, MFP is to make two (2) Ten Million and 00/100 Dollars ($10,000,000.00) payments for a total of Twenty Million and 00/100 Dollars ($20,000,000.00) to be used for improvements to public parks or acquisition of public parks within the City of Miami ("Park Fund Contribution"); and WHEREAS, the CAA and Development Agreement also indicate that the City shall hold the Park Fund Contribution in a separate and segregated account specifically designated for the uses authorized in the CAA and Development Agreement; and WHEREAS, the CAA and Development Agreement further provide that prior to disbursement of any funds from such account, the City shall certify to MFP that the proceeds from such disbursement will be used for the purposes set forth herein and, upon request by MFP, the City shall provide MFP with a detailed accounting of the use of the proceeds maintained in such separate account; and WHEREAS, MFP has made the first payment of Ten Million and 00/100 Dollars ($10,000,000.00) to the City ("MFP Payment 1"); and WHEREAS, the second payment of Ten Million and 00/100 Dollars ($10,000,000.00) will be made in the near future ("MFP Payment 2"); and WHEREAS, the City Commission finds it appropriate and in the best interest of the City to create and establish a Special Revenue Account titled "Park Fund for Miami Freedom Park" ("Special Revenue Account") as well as appropriate and allocate the Twenty Million and 00/100 Dollars ($20,000,000.00) Park Fund Contribution to the Special Revenue Account to be used exclusively for improvements and maintenance of the Public Park; 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 City Manager is directed and authorized' to establish the following new Special Revenue Account and resources shall be allocated and appropriated as described below: FUND TITLE: Park Fund for Miami Freedom Park RESOURCES: MFP Payment 1 $10,000,000.00 MFP Payment 2 $10,000,000.00 APPROPRIATIONS: $20,000,000.00 Section 3. The Park Fund Contribution shall be used exclusively for improvements and maintenance of the Public Park. Section 4. The City Manager is directed to identify and allocate in the Fiscal Year 2024- 2025 Midyear Budget Amendment an additional Two Million, Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) to City Commission Districts 2, 3, 4, and 5 for a total amount not to exceed Ten Million and 00/100 Dollars ($10,000,000.00). Section 5. This Resolution shall become effective immediately upon its 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 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.