HomeMy WebLinkAboutR-25-0405City of Miami
Resolution R-25-0405
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18056 Final Action Date: 9/25/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDINGS PURSUANT TO SECTION 18-182(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ATTACHED AND
INCORPORATED AS EXHIBIT "A", AND WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE CITY MANAGER, PURSUANT TO
SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO EXECUTE THE ATTACHED PURCHASE AND SALE
AGREEMENT ("AGREEMENT") IN SUBSTANTIALLY THE FORM ATTACHED
AND INCORPORATED AS EXHIBIT "B," CONVEYING THE CITY -OWNED
PROPERTY KNOWN AS THE OLYMPIA THEATER, LOCATED AT 174 EAST
FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND LEGALLY
DESCRIBED IN THE AGREEMENT, BETWEEN THE CITY OF MIAMI ("CITY")
AND SPORTS LEADERSHIP AND MANAGEMENT, INC., A FLORIDA NOT -
FOR -PROFIT CORPORATION ("SLAM") BY WAY OF QUITCLAIM DEED
("DEED") WITH RESTORATION REQUIREMENTS, USE RESTRICTIONS, AND
REVERTER PROVISIONS, TO SLAM FOR THE REHABILITATION AND
UTILIZATION OF THE PROPERTY EXCLUSIVELY FOR EDUCATION AND
CIVIC PURPOSES, WITH TERMS AND CONDITIONS AS MORE
PARTICULARLY DESCRIBED IN THE AGREEMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND
MODIFICATIONS TO THE AGREEMENT AND DEED, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO
CONSUMMATE THE CONVEYANCE FOR SAID PURPOSE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Damian Pardo
WHEREAS, on July 24, 1975, the Maurice Gusman Cultural Center for the Performing
Arts, Inc., a Florida not -for -profit corporation, conveyed, via Special Warranty Deed, to the City
of Miami ("City") the property known as the Olympia Theater, located at 174 East Flagler Street,
Miami, Florida, consisting of the theater and a contiguous ten -story building (the "Olympia
Theater" or "Property"); and
WHEREAS, the Olympia Theater is a unique landmark building that opened in 1926 as a
silent movie palace, later serving as a theater hosting many significant acts in Miami's history,
and in 1984 was added to the National Register of Historic Places; and
WHEREAS, over the decades, the Olympia Theater has been an important part of the
City's history and one worth preserving, restoring, and returning to its original glory, but has
fallen into disrepair; and
City of Miami Page 1 of 5 File ID: 18056 (Revision: A) Printed On: 10/23/2025
File ID: 18056 Enactment Number: R-25-0405
WHEREAS, the City wishes to enter into the Purchase and Sale Agreement attached
and incorporated as Exhibit "B" ("Agreement") and transfer the Property by way of a Quitclaim
Deed in substantially the form included in the Agreement ("Deed") to Sports Leadership and
Management, Inc., a Florida Not -For -Profit Corporation ("SLAM"); and
WHEREAS, SLAM is authorized pursuant to Section 1002.33, Florida Statutes to
operate the charter school known as "Sports Leadership Arts Management Charter High
School;" and
WHEREAS, in early 2022, Miami Dade College, a public educational institution and
political subdivision of the State of Florida ("MDC") issued RFP 2022-RM-1-11 to establish a
school centered around innovation in downtown Miami, and entered into an agreement with
Mater Academy, Inc., which is affiliated with SLAM, to accomplish this goal; and
WHEREAS, since opening as a public charter school in August 2023, "Miami Tech at
Mater Innovation Academy" has been successful and would benefit from additional space to
incorporate arts and technology into its curriculum, which will be accomplished through a
cooperative between SLAM, Mater Academy, Inc., and Somerset Academy, Inc. (the
"Cooperative"); and
WHEREAS, the Cooperative hosted three (3) community meetings with stakeholders on
July 14, 16, and 17, 2025, to answer questions and receive input; and
WHEREAS, student enrollment from local neighborhoods is desired, SLAM shall provide
preferred student enrollment periods, in compliance with all federal, state, and local
requirements; and
WHEREAS, to ensure safety is optimized during renovation and operation of the
Property, SLAM shall ensure the current safety cameras located at the Property remain
operational during and after renovation; and
WHEREAS, the City and SLAM want to ensure disruption to the community is
minimized, SLAM shall provide a traffic study satisfactory to the City during permitting for
restoration and operation of the Property, which pursuant to City's zoning code, Miami21, and
City Code of Ordinances the City is the permitting authority to approve the traffic operation plan;
and
WHEREAS, SLAM also wants to ensure limited disruption to the community commercial
stakeholders of the Property and made certain commitments to those business owners of the
Flagler BID; and
WHEREAS, to ensure the restoration and long-term preservation of the Olympia Theater
as a historic property, the City wishes to convey its interest in the Property to SLAM to restore,
manage, and operate the Property as a public education and civic facility; and
WHEREAS, SLAM shall agree to honor all events scheduled at the Property prior to the
date of the enactment of this resolution ("Events"), as well as assist in the continuity of the
Downtown Development Authority's ("Miami DDA") Miami's Permit Clinic with a minimum of
$10,000 assistance; and
City of Miami Page 2 of 5 File ID: 18056 (Revision: A) Printed on: 10/23/2025
File ID: 18056 Enactment Number: R-25-0405
WHEREAS, the City shall retain the right to manage, oversee, and operate the
scheduled Events, including, but not limited to, collecting all rental payments which shall be
made payable to the City; and
WHEREAS, the City and SLAM understand the value of making the Olympia Theater, a
historic asset available to the public, the Theater will be activated for public use for no fewer
than one -hundred eighty (180) days a year, between SLAM, MDC, and civic programming; and
WHEREAS, upon transfer of title to the Property to SLAM, SLAM or a related entity will
make the necessary improvements to the Property to accommodate the number of students
permitted by the Property's established occupant load in order to provide educational programs
of the public charter school, Miami Tech at Mater Innovation Academy, which will be renamed
as the "Miami Innovation & Arts Academy" ("Academy") through the Cooperative's efforts; and
WHEREAS, the parties anticipate MDC will serve as a higher education partner of the
Cooperative by providing dual enrollment programs that enable high school students to earn
college credit at MDC, and by developing academic pathways from high school arts programs to
MDC's associate and bachelor's degree programs; and
WHEREAS, the parties further anticipate that SLAM will serve as a venue partner for
MDC's arts and culture programs, including academic ceremonies, performances, exhibitions
and events such as Miami Film Festival and Miami Book Fair, and may provide dedicated studio
spaces for MDC art and fashion students to support creative work, exhibits and hands-on
learning; and
WHEREAS, SLAM has agreed to an annual minimum budget of $750,000 to
$1,000,000, towards Theater operations and cultural programming, including fundraising and in -
kind support through educational amenities; and
WHEREAS, SLAM will formulate and utilize an advisory council, or other similar
structure, that will work with Miami DDA and other local arts and culture entertainment groups to
advise on the civic/public programming to take place at the Property for a minimum of one -
hundred eighty (180) days a year; and
WHEREAS, as a condition precedent to closing, SLAM shall be required to submit to the
City for approval an executed agreement with MDC, for MDC's programming at the Property, as
further detailed in the Agreement; and
WHEREAS, pursuant to Section 29-B(c) of the City Charter, City requirements for
competitive bidding shall not apply when conveying property to implement projects of any
governmental agency or instrumentality; and
WHEREAS, Section 1002.33(1), Florida Statutes provides that all charter schools in
Florida are public schools and shall be part of the state's program of public education; and
WHEREAS, the Property is the subject of, and the City is presently a party to, pending
litigation in the matters of Robert Gusman, Bruce Gusman and Jackie Gusman Thayer as
successor trustees of the real property of Maurice Gusman Cultural Center for the Performing
Arts, Inc., a dissolved Florida not for profit corporation, v. City of Miami, Case No. 22-23242 CA
01, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County,
Florida, and Maurice Gusman Cultural Center for the Performing Arts, Inc. a dissolved Florida
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File ID: 18056 Enactment Number: R-25-0405
not for profit corporation, v. City of Miami, Case No. 3D23-1842, pending in the District Court of
Appeal of the State of Florida, Third District (collectively, the "Cases"); and
WHEREAS, within thirty (30) days after Closing, the Plaintiffs in each of the Cases shall
have voluntarily dismissed, with prejudice, all claims asserted against the City, as further
detailed in the Agreement; and
WHEREAS, the conveyance of the Property shall be subject to the requirement that
SLAM, or a related entity, shall make all necessary interior and exterior repairs to the Property
in order to bring it into recertification compliance and historic preservation standards as set forth
under all applicable laws, including the Code of the City of Miami, Florida, as amended, ("City
Code"), which is estimated at fifty million dollars ($50,000,000.00), within five (5) years of permit
issuance, which time period may be extended by the City Manager, with such repairs including:
(i) interior work that shall include, but not be limited to: a) reconstruction of previously
demolished dressing rooms and crew rooms; b) reconstruction of decorative paint and plaster
repairs in those areas on the theater that have been damaged by water intrusion; c) interior
structural repairs; d) mechanical systems retrofit including new chiller and cooling tower; and e)
electrical, fire alarm, and fire protection repairs; and (ii) exterior work that shall include, but not
be limited to: a) roof replacement; b) window replacement; c) entrance doors replacement; d)
restoration of all ornamental iron railings; d) replication and restoration of all facade ornamental
terracotta tile, brick, and stucco; e) restoration of the Flagler Street marquee; and f) restoration
of the ticket booth (collectively, the "Restoration Requirements"); and
WHEREAS, the conveyance of the Property shall also be subject to the requirement that
the Property be used for public education and civic purposes, as further detailed in the
Agreement and Deed (collectively with the Restoration Requirements, the "Restrictions"); and
WHEREAS, if the Property is not restored, or is no longer used for public education and
civic purposes, each in accordance with the Restrictions, the Property shall revert to the City
("Reverter"), as further detailed in the Agreement and Deed; and
WHEREAS, the Property will be conveyed on an "as -is, where -is" basis, without express
or implied representations or warranties, including but not limited to those relating to the
Property's condition or sufficiency of title; and
WHEREAS, the City Manager recommends that the City remise, release, and quitclaim
the Property to SLAM, subject to the Restrictions and Reverter, pursuant to Section 29-B(c) of
the Charter of the City of Miami, Florida, as amended ("City Charter"), for the purpose of
providing public education programs with a focus on innovation and the arts; and
WHEREAS, the City Manager hereby finds that the proposed conveyance of the
Property and a waiver of the restrictions contained in Section 18-182(a) of the City Code is in
the best interest of the City;
NOW, THEREFORE, BE IT ORDAINED 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's findings pursuant to Section 18-182(c) of the Code of the City of Miami,
City of Miami Page 4 of 5 File ID: 18056 (Revision: A) Printed on: 10/23/2025
File ID: 18056 Enactment Number: R-25-0405
Florida, as amended, are ratified, approved, and confirmed, and the City Commission hereby
waives the requirements for said procedures.
Section 3. The City Manager is authorized,' pursuant to Section 29-B(c) of the City
Charter, to execute the Agreement and Deed in a form acceptable to the City Attorney, to
convey the Property, with the Restrictions and Reverter, to SLAM.
Section 4. The City Manager is further authorized' to execute any and all necessary
documents, including amendments, extensions, and modifications to the Agreement and Deed,
all in forms acceptable to the City Attorney, as deemed necessary to consummate the
conveyance for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. 2
APPROVED AS TO FORM AND CORRECTNESS:
rge . Wyy, ng IIV, C ty ttor -y 10/21/2025
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.
City of Miami Page 5 of 5 File ID: 18056 (Revision: A) Printed on: 10/23/2025