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Home My WebLink AboutCRA-R-23-0054 MemorandumSEOPW Board of Commissioners Meeting November 16, 2023 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: February 12, 2024 and Members of the CRA Board File: 15050 From: James McQueen Executive Director Subject: 4/5ths Bid Waiver to Courtside Apartments Enclosures: File # 15050 - Exhibit A File # 15050 - Exhibit B BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s) authorizing the Executive Director to negotiate and execute a Easement and Operating Agreement (Exhibit "A") and the covenant in Lieu of Unity of Title (Exhibit `B"), attached and incorporated herein, solely for zoning purposes properties under folio numbers 01-3136-094-0010; 01-3136-094-0015; 01-3136-064-0020, located in Miami, Florida owned by Miami Dade County, a political subdivision of the state of Florida (the "County Property") and properties under folio number 01-3136-064-0010, located in Miami, Florida (the "SEOPW CRA Property"). Exhibit A, Exhibit B, between the County Property and the SEOPW CRA Property will be considered as one plot and parcel of land for zoning purposes to avoid replating, and that no portion of the parcel shall be sold, assigned, devised, or transferred. In addition to assisting with the development of a multi -phased mixed -use project. JUSTIFICATION: Goals 4 and 6, of the Plan lists "creating infill housing, diversity affordable housing" as a stated redevelopment goal; and Principle 3 of the Plan further provides that "there must be variety redevelopment principle; and FUNDING: No fiscal Impact FACT SHEET: Company name: Miami Dade County and the SEOPW CRA in housing types, and retaining in housing options" as a stated Address: 1699 N.W. 4th Avenue (01-3136-094-0010), 1619 N.W. 4th Avenue (01-3136-094-0015), 1600 N.W. 3rd Avenue, 1550 N.W. 3rd Avenue, 1619 N.W. 4th Avenue, 1600 N.W. 3rd Avenue, and 1650 N.W. 31d Avenue (01-3136-064-0020) located in Miami, Florida owned by Miami Dade County, a political subdivision of the state of Florida (the "County Property") and 1490 N.W. 3rd Avenue (01-3136- 064-0010) located in Miami, Florida (the "SEOPW CRA Property"). Term: Subject to the terms of certain Ground Lease between the County and Mourning Family Foundation, Inc. fikia Alonso Mourning Charities, Inc (the "Developer"), dated December 19, 2008, which such lease has been amended by those certain Amendment to Ground Lease, dated December 13, 2012, Second Amendment to Ground Lease, dated August 26, 2013, Third Amendment to Ground Lease, dated October 23, 2013, Fourth Amendment to Ground Lease, dated November 28, 2016, and Fifth Amendment to Ground Lease, dated September 17, 2018 (collectively the "Lease"), in the event the Developer does not comply with the terms of the Lease, including but not limited to obtaining a building permit or Certificate of Occupancy as set forth therein, then the County shall have the right upon written notice to the City of Miami, the SEOPW CRA, and the Developer to terminate the Lease and this Covenant at the County's sole discretion. Scope of work or services (Summary): The Easement and Operating agreement (Exhibit "A") and Covenant in Lieu of Unity of Title (Exhibit "B") attached and incorporated herein between Miami Dade County and the SEOPW CRA Page 2 of 5 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: November 16, 2023 CRA Section: Approved by: Approval: 1 Executive Director 11/8/2023 Miguel A Valentin, :riarice Off;cer 11/8/2023 Page 3 of 5 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: CRA-R-23-0054 File Number: 15050 Final Action Date:11/16/2023 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A EASEMENT AND OPERATING AGREEMENT (EXHIBIT "A") AND THE COVENANT IN LIEU OF UNITY OF TITLE (EXHIBIT "B"), ATTACHED AND INCORPORATED HEREIN, SOLELY FOR ZONING PURPOSES UNDER FOLIO NUMBERS 01-3136-094-0010; 01-3136-094-0015; 01-3136-064-0020, LOCATED IN MIAMI, FLORIDA OWNED BY MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY PROPERTY") AND THE PROPERTIES UNDER FOLIO NUMBER 01-3136-064-0010, LOCATED IN MIAMI, FLORIDA OWNED BY THE SEOPW CRA ("SEOPW CRA PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AGREEMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS AND MODIFICATIONS, ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL AND SPECIAL OUTSIDE COUNSEL WILLIAM BLOOM; PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update (the "Plan"); and WHEREAS, Goals 4 and 6, of the Plan lists "creating infill housing, diversity in housing types, and retaining affordable housing" as a stated redevelopment goal; and WHEREAS, Principle 3 of the Plan further provides that "there must be variety in housing options" as a stated redevelopment principle; and WHEREAS, the Easement and Operating agreement (Exhibit "A") and Covenant in Lieu of Unity of Title (Exhibit "B") attached and incorporated herein between Miami Dade County and the SEOPW CRA; WHEREAS, Miami Dade County is the fee simple owner of the property under folio numbers 01- 3136-094-0010; 01-3136-094-0015; 01-3136-064-0020, located in Miami, Florida (the "County Property"); and Page 4 of 5 WHEREAS, the SEOPW CRA is the fee simple owner of the property under Folio No. 01-3136- 064-0010, located in Miami, Florida (the "SEOPW CRA Property"); WHEREAS, Exhibit A, Exhibit B, between the County Property and the SEOPW CRA Property will be considered as one plot and parcel of land for zoning purposes to avoid replating, and that no portion of the parcel shall be sold, assigned, devised, or transferred; WHEREAS, the Property will assist with the development of a multi -phased mixed -use project; WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 Executive Director is authorized' to negotiate and execute any and all agreements necessary, including any amendments and any modifications all -in forms acceptable to the General Counsel, Miami Dade County and the SEOPW CRA Section 3. Sections of this Resolution may be renumbered or re -lettered, and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of the same with the City of Miami City Clerk. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: e Br ounsel 11/8/2023 ' 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 State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 5 of 5