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Home My WebLink AboutCRA-R-25-0048 MemorandumSEOPW Board of Commissioners Meeting September 11, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: September 8, 2025 and Members of the CRA Board File: 18126 From: James McQueen Executive Director Subject: Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel Enclosures: File # 18126 - Backup BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), pursuant to Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, authorizing the Executive Director to engage the law firm of Kozyak, Tropin, and Throckmorton, LLP, a Florida Limited Liability Partnership ("KTT"), for the representation of the SEOPW CRA in all matters in connection with the Housing Subsidy Agreement ("Agreement") between Avanti Residential — Arte Grand Central TIC I, LLC; Avanti Residential — Arte Grand Central TIC II, LLC; Avanti Residential — Arte Grand Central TIC III, LLC; Avanti Residential — Arte Grand Central TIC IV, LLC; and Avanti Residential — Arte Grand Central TIC V, LLC; each a Delaware limited liability company (collectively, "Avanti") and the SEOPW CRA ("Purpose"), further authorizing the expenditure of attorneys' fees and costs associated with said engagement. The Executive Director desires to engage KTT for representation of the SEOPW CRA on all matters and disputes in connection with and arising out of the Agreement, including but not limited to the interpretation of essential terms. It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached Resolution authorizing the Executive Director to engage KTT for the Purpose stated herein. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside] counsel, as it requires, in furtherance of the Plan. Lastly, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not limited to, attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research, court reporters and stenographers. FUNDING SOURCE: Account No. 10050.920101.531010.0000.00000. FACT SHEET: Company name: Kozyak, Tropin and Throckmorton, LLP. Address: 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 Scope of work or services (Summary): Serving as outside counsel for representation in connection with the Housing Subsidy Agreement between Avanti and the SEOPW CRA. Page 2 of 6 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: September 11, 2025 CRA Section: Approved by: Approval: 1 Executive Director 9/4/2025 Miguel A Valentin, :,lance Off;cer 9/4/2025 Page 3 of 6 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: CRA-R-25-0048 File Number: 18126 Final Action Date:9/11/2025 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), PURSUANT TO SECTION 18- 72(6)(16) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AUTHORIZING THE EXECUTIVE DIRECTOR TO ENGAGE THE LAW FIRM OF KOZYAK, TROPIN, AND THROCKMORTON, LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("KTT"), FOR THE REPRESENTATION OF THE SEOPW CRA IN ALL MATTERS IN CONNECTION WITH THE HOUSING SUBSIDY AGREEMENT ("AGREEMENT") BETWEEN AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC I, LLC; AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC II, LLC; AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC III, LLC; AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC IV, LLC; AND AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC V, LLC; EACH A DELAWARE LIMITED LIABILITY COMPANY (COLLECTIVELY, "AVANTI") AND THE SEOPW CRA ("PURPOSE"), AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM ACCOUNT NO. 10050.920101.531010.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN ENGAGEMENT AGREEMENT BETWEEN THE SEOPW CRA AND KTT; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN FORMS ACCEPTABLE TO COUNSEL, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, AS MAY BE NECESSARY FOR THE PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF RECITALS AND 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 Updated Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside] counsel, as it requires, in furtherance of the Plan; and Page 4 of 6 WHEREAS, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not limited to, attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research, court reporters and stenographers; and WHEREAS, the SEOPW CRA previously entered into a Housing Subsidy Agreement ("Agreement") with Avanti Residential — Arte Grand Central TIC I, LLC; Avanti Residential — Arte Grand Central TIC II, LLC; Avanti Residential — Arte Grand Central TIC III, LLC; Avanti Residential — Arte Grand Central TIC IV, LLC; and Avanti Residential — Arte Grand Central TIC V, LLC; each a Delaware limited liability company (collectively, "Avanti"); and WHEREAS, the SEOPW desires to engage the law firm of Kozyak, Tropin, and Throckmorton, LLP, a Florida Limited Liability Partnership ("KTT") to represent the SEOPW CRA on all matters and disputes in connection with and arising out of the Agreement, including but not limited to the interpretation of essential terms ("Purpose"); and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: 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. Pursuant to Section 18-72(b)(16) of the City Code, as adopted by the SEOPW CRA, the Executive Director is authorized to engage KTT as outside counsel for representation for said Purpose. Section 3. The Executive Director is hereby authorized to expend attorneys' fees and costs associated with said Purpose, with funds allocated from Account No. 10050.920101.531010.0000.00000. Section 4. The Executive Director is hereby further authorized to negotiate and execute an Engagement Agreement between the SEOPW CRA and KTT, and any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, as set forth in Chapter 18 of the City Code, all in forms acceptable to Counsel, and in compliance with all applicable laws, as necessary for said Purpose. Section 5. 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 his designee, without need of public hearing, by filing a corrected copy of the same with the City Clerk. Section 6. This Resolution shall take effect immediately upon adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 5 of 6 4 ounsel 9/4/2025 Page 6 of 6