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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: FROM: George K. Wysong III, City Attorney k Jr - DATE: April 23, 2026 RE: City Commission Meeting — April 23, 2026 Resolution authorizing the City Attorney to take any and all legal action necessary to enforce the City's rights under the Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated April 13, 2020. File No.: 19023 Honorable Mayor and Members of the City Commission The proposed resolution seeks authorization for the City Attorney to take any and all legal action necessary to enforce the City's rights under the Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated April 13, 2020. Attachment(s) cc. James Reyes, City Manager Miriam M. Santana, Agenda Coordinator GKW/BLF City of Miami Legislation Resolution Enactment Number: R-26-0201 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19023 Final Action Date:4/23/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY , IN LAW OR EQUITY, TO ENFORCE THE CITY OF MIAMI'S RIGHTS RELATED TO THE PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4, DATED APRIL 13, 2020, AND ANY AMENDMENTS OR DOCUMENTS RELATED TO SAME, IN CONNECTION WITH THE DEVELOPMENT OF MERCEDES-BENZ PLACES, SOUTHSIDE PARK, AND CITY FIRE -RESCUE STATION NO. 4. WHEREAS, in or around April 2020, the City of Miami ("City") entered into a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("PBA") with Developer 191 SW 12 Owner LLC that is owned and controlled by Michael Stern (the "Developer") regarding the development of the Mercedes-Benz Places at Southside Park (the "Project"); and WHEREAS, the City entered into the PBA to facilitate the construction of a New Fire Station for the City's Fire Department at the sole cost of the Developer ("New Fire Station"), including additional payments of millions of dollars in additional public benefits by Developer to the City; and WHEREAS, pursuant to the PBA, the City granted the Developer certain development rights under a Covenant Running with the Land in Lieu of Unity of Title dated April 2021 ("Covenant"), and a Declaration of Easements and Operating Agreement dated August 2023 ("Declaration"), that allowed the Developer to use and construct a showroom upon Southside Park and begin construction on City -owned land where Fire Station No. 4 was located ("Existing Fire Station Parcel"); and WHEREAS, pursuant to the PBA, upon the Developer's delivery of the New Fire Station built upon Developer -owned land ("New Fire Station Parcel'), the Developer would convey title of the New Fire Station Parcel to the City, and in turn the City would convey title of its Existing Fire Station Parcel to the Developer where it planned to construct Tower 2 of Mercedes-Benz Places; and WHEREAS, pursuant to the First Amendment to Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 dated May 10, 2023 (the "Amendment"), the City agreed to allow the Developer to demolish Fire Station No. 4 based on the Developer's representation and contractual obligation it would expeditiously construct the New Fire Station; and WHEREAS, pursuant to the Amendment, Fire -Rescue personnel were relocated to a temporary fire station located at Southside Park ("Temporary Fire Station") to allow the demolition of Fire Station No. 4; and WHEREAS, the Developer commenced construction of the New Fire Station on or about March 15, 2023, and pursuant to the PBA, the Developer was required to complete construction of the New Fire Station within thirty-six (36) months, or by March 15, 2026; and WHEREAS, the Developer has failed to construct and deliver the New Fire Station to the City pursuant to its obligations under PBA, and has failed to timely make payments in connection with other Public Benefits owed to the City pursuant to the PBA; and WHEREAS, the condition of the Temporary Fire Station currently housing Fire -Rescue personnel provided by the Developer is deteriorating with Hurricane Season approaching; and WHEREAS, the Developer's failure to construct and deliver the New Fire Station to the City pursuant to the PBA, and the ongoing conditions of the construction occurring on Southside Park and the Temporary Fire Station poses an immediate threat to the health, safety, and welfare of the public; and WHEREAS, on April 3, 2026, the City issued a Notice of Default to the Developer and all interested parties who have a certain time to cure the defaults identified therein; and WHEREAS, the City Commission finds that it is in the best interest of the City's residents, visitors, business owners, and property owners to authorize the City Attorney to take any and all action(s) necessary to ensure it preserves and enforces its rights under the PBA, and to seek all legal remedies and damages available to the City; 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 fully set forth in this Section. Section 2. The City Commission hereby authorizes and directs the City Attorney to take any and all action(s) necessary, in law or equity, to preserve and enforce its rights under the PBA and all documents related thereto, in regard to the development of Mercedes-Benz Places at Southside Park, Fire -Rescue Station No. 4, and any land owned by the City impacted by the PBA. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: