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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City AttorneyJtVOfx wyrll DATE: February 11, 2026 RE: Substitution — PH.2 on the February 12, 2026, City Commission Meeting: Requesting authorization to extend the time for Ark Of The City, Incorporated, a Florida not for profit corporation, to complete the rehabilitation and commence the job training program at the property located at 1302 Northwest 54 Street, Miami, Florida, for sixty (60) additional months; Further authorizing an amendment to modify the eligible activities on the properties and remove the City Of Miami's right of reversion, as a legal remedy, upon issuance of a final certificate of use; File No.: 18814 Item PH.2 on the February 12, 2026 City Commission Meeting Agenda, proposes to extend the time for Ark Of The City, Incorporated, a Florida not for profit corporation, to complete the rehabilitation and commence the job training program at the property located at 1302 Northwest 54 Street, Miami, Florida for sixty (60) additional months; Further authorizing an amendment to modify the eligible activities on the properties and remove the City Of Miami's right of reversion, as a legal remedy, of the properties upon issuance of a final certificate of use; Further authorizing the City Manager to negotiate and execute any and all necessary documents, including amendments, modifications, and extensions, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. The Resolution is being substituted to modify the requirements that upon the issuance of a final certificate of use and upon the City's written determination that all CDBG national objectives and program obligations required by the U.S. Department of Housing & Urban Development ("HUD") have been satisfied, remove all remedies for default, including the right to reversion, that was not included at the time of publishing. cc. James Reyes, City Manager Marie Gouin, Director, Office of Management & Budget Miriam M. Santana, Agenda Coordinator Ic%NbUi rw� ��, C� �s„,,m,-1 City of Miami Resolution R- Legislation File Number: Final Action Date: City Hall 3500'Pan American Drive Miami, FL 33133 www.miamigov.com A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, EXTENDING THE TIME TO FOR ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, TO COMPLETE THE REHABILITATION AND COMMENCE THE JOB TRAINING PROGRAM AT THE PROPERTY LOCATED AT 1302 NORTHWEST 54 STREET, MIAMI, FLORIDA, ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR SIXTY (60) ADDITIONAL MONTHS; FURTHER AUTHORIZING, AN AMENDMENT TO MODIFY THE ELIGIBLE ACTIVITIES ON THE PROPERTY AND UPON THE ISSUANCE OF A FINAL CERTIFICATE OF USE AND UPON THE CITY'S WRITTEN DETERMINATION THAT ALL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") NATIONAL OBJECTIVES AND PROGRAM OBLIGATIONS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ("HUD") HAVE BEEN SATISFIED, THAT ALL LEGAL REMEDIES INCLUDING THE CITY OF MIAMI'S RIGHT OF REVERSION ON THE PROPERTY BE REMOVED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. SPONSOR(S): WHEREAS, pursuant to Resolution No. 18-0240 adopted on June 14, 2018, the City Commission authorized the transfer of the property located at 1302 Northwest 54 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Property"), to Ark of the City, Incorporated, a Florida not for profit corporation ("Ark of the City"), for Community Development Block Grant ("CDBG") eligible activities, specifically job training for low and moderate income individuals; and WHEREAS, Resolution No. 18-0240 also provided that as a condition of the transfer of the Property, the Property shall revert to the City of Miami ("City") if it is no longer used to conduct CDBG eligible activities, specifically job training for the residents of Liberty City, or if the completion of the Property's rehabilitation and the commencement of job training takes longer than twenty-four (24) months from the date of said transfer; and WHEREAS, Ark of the City now has the capacity to provide more uses on the Property such as job creation, in addition to job training; and WHEREAS, due to delays, Ark of the City is requesting an extension of time (1) extend the initial benchmarks/deadlines so that the City will not exercise its remedies due to the City of Miami Page 1 of 3 File ID: File ID: 8617 Enactment Number: R-21-0085 unanticipated delays, (2) expand the eligible uses of the Property to job creation, which is in addition to the job training, and (3) upon the issuance of a final certificate of use and upon the City's written determination that all CDBG national objectives and program obligations required by the U.S. Department of Housing & Urban Development ("HUD") have been satisfied remove all remedies for default, including the right to reversion; and WHEREAS, the intent of the instant Resolution is to: (1) extend the initial benchmarks/deadlines so that the City will not exercise its remedies due to the unanticipated delays, (2) expand the eligible uses of the Property to job creation, which is in addition to the job training, and (3) upon the issuance of a final certificate of use and upon the City's written determination that all CDBG national objectives and program obligations required by HUD have been satisfied remove all remedies for default, including the right to reversion; and WHEREAS, the City's Administration requests authorization to grant Ark of the City's requests for the Property; and WHEREAS, the City finds it in the best interest of the City to authorize the extension and modifications; 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 extension of time for Ark of the City to complete the rehabilitation for an additional sixty (60) months and commence the job training program at the Property, the use of the Property for job creation in addition to job training, and upon the issuance of a final certificate of use and upon the City's written determination that all CDBG national objectives and program obligations required by HUD have been satisfied, remove all remedies for default, including the right to reversion, is authorized.' Section 3. The City Manager is authorized' to provide further extensions of time, if necessary, without further City Commission approval in order to accomplish the purposes stated herein. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including amendments, modifications, and extensions, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 5. This Resolution shall become effective immediately upon its adoptiorR) and signature of the Mayor.2 1 The herein authorization is further subject to compliance with all legal requirements that may Iles 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 2 of 3 File ID: File ID: 8617 Enactment Number: R-21-0085 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: City of Miami Legislation Resolution File Number: 18814 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXTENDING THE TIME FOR ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, TO COMPLETE THE REHABILITATION AND COMMENCE THE JOB TRAINING PROGRAM AT THE PROPERTY LOCATED AT 1302 NORTHWEST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR SIXTY (60) ADDITIONAL MONTHS; FURTHER AUTHORIZING AN AMENDMENT TO MODIFY THE ELIGIBLE ACTIVITIES ON THE PROPERTIES AND REMOVE THE CITY OF MIAMI'S RIGHT OF REVERSION, AS A LEGAL REMEDY, OF THE PROPERTIES UPON ISSUANCE OF A FINAL CERTIFICATE OF USE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, pursuant to Resolution No. R-18-0240 adopted on June 14, 2018, the City Commission authorized the transfer of the property located at 1302 Northwest 54 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Property"), to Ark of the City, Incorporated, a Florida not for profit corporation ("Ark of the City"), for CDBG eligible activities, specifically job training for low and moderate income individuals; and WHEREAS, Resolution No. R-18-0240 also provided that as a condition of the transfer of the Property, the Property shall revert to the City of Miami ("City") if it is no longer used to conduct CDBG eligible activities, specifically job training for the residents of Liberty City, or if the completion of the Property's rehabilitation and the commencement of job training takes longer than twenty-four (24) months from the date of said transfer; and WHEREAS, Ark of the City now has the capacity to provide more uses on the Property such as job creation, in addition to job training; and WHEREAS, due to delays, Ark of the City is requesting an extension of time (1) extend the initial benchmarks/deadlines so that the City will not exercise its remedies due to the unanticipated delays, (2) expand the eligible uses of the Property to job creation, which is in addition to the job training, and (3) remove the City's right to reversion as a remedy for default upon the issuance of a final certificate of use; and WHEREAS, the intent of the instant Resolution is to: (1) extend the initial benchmarks/deadlines so that the City will not exercise its remedies due to the unanticipated delays, (2) expand the eligible uses of the Property to job creation, which is in addition to the job training, and (3) remove the City's right to reversion as a remedy for default upon the issuance of a final certificate of use; and WHEREAS, the City's Administration requests authorization to grant Ark of the City's requests for the Property; and WHEREAS, the City finds it in the best interest of the City to authorize the extension and modifications; 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 extension of time for Ark of the City to complete the rehabilitation for an additional sixty (60) months and commence the job training program at the Property, the use of the Property for job creation in addition to job training, and the removal of the City's right to reversion as a legal remedy to a default upon the issuance of a Certificate of Use is authorized) Section 3. The City Manager is authorized' to provide further extensions of time, if necessary, without further City Commission approval in order to accomplish the purposes stated herein. Section 4. The City Manager is further authorized to negotiate and execute any and all necessary documents, including amendments, modifications, and extensions, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge . Wy j ng III. C y ttor -y 2/3/2026 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.