HomeMy WebLinkAboutR-26-0201City of Miami
Resolution R-26-0201
Legislation
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.
SPONSOR(S): Mayor Eileen T. Higgins
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
City of Miami Page 1 of 2 File ID: 19023 (Revision:) Printed On: 4/24/2026
File ID: 19023 Enactment Number: R-26-0201
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:
rge
ng III, C ty ttor -y 4/14/2026
City of Miami
Page 2 of 2 File ID: 19023 (Revision:) Printed on: 4/24/2026