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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM SUMMARY FORM File ID: #4968 Date: 10/25/2018 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 11/15/2018 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Accept Grant - Olympia Theater Office Building Purpose of Item: A Resolution of the City of Miami Commission, with attachment(s), authorizing Olympia Center Inc. ("Olympia") as manager, to execute a Grant Agreement, in substantially the attached form, with the State of Florida, Department of State, Division of Historical Resources ("Division"), in order to receive State Historic Preservation Grant assistance funds in the amount of five hundred thousand dollars ($500,000.00) to be used for the restoration and preservation of the Olympia Theater Building fagade, and authorizing the City Manager to execute a Restrictive Covenant with Olympia, in substantially the attached form, and an assignment agreement in a form acceptable to the City Attorney, requiring Olympia to assign the Agreement with the Division over to the City, should their Management Agreement for the Olympia Theater Building be terminated or cancelled, with terms and conditions more particularly set forth in the agreements. Background of Item: The City of Miami ("City") is the fee simple titleholder of the Property located at 174 E. Flagler Street, Miami, Miami -Dade County, Florida, known as the Olympia Theater Building ("Theater"). The Theater is currently being managed by Olympia Center, Inc. ("Olympia"), a non-profit corporation of the State of Florida. In 2016 Olympia, applied for matching funds from the State of Florida to begin the specialized, engineering analysis, documentation, design and construction document development for restoration/repair of the fagade for the Olympia Theater and Office Building. Their application was ranked in the top ten and awarded Five Hundred Thousand Dollars ($500,000.00) in FY18-19 State of Florida preservation funds to match monies already allocated for facade repairs in City of Miami Office of Capital Improvements 40-1370100. The covenant is a mandatory attachment to the State of Florida's Grant Agreement with Olympia that provides the match funding for Phase 1 repair of the City of Miami owned historic Olympia Theater and Office Building. The City and Olympia will enter into an assignment agreement, in a form acceptable to the City Attorney, that will cause Olympia to assign the Grant Agreement to the City, should their Management Agreement be cancelled or terminated. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $500,000.00 Special Revenue Account No: 40-1370100 Reviewed By Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Carolina Bazail Office of Management and Budget Carolina Bazail Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Valentin J Alvarez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 10/25/2018 9:04 AM Budget Analyst Review Skipped 10/25/2018 2:08 PM Budget Analyst Review Skipped 11/05/2018 2:49 PM Budget Review Completed 11/05/2018 4:24 PM Assistant City Manager Review Completed 11/05/2018 5:43 PM Legislative Division Review Completed 11/05/2018 5:47 PM City Manager Review Completed 11/05/2018 6:21 PM ACA Review Skipped 11/05/2018 6:18 PM Deputy City Attorney Review Skipped 11/05/2018 6:14 PM Approved Form and Correctness Completed 11/05/2018 6:54 PM Legislative Division Review Completed 11/08/2018 5:02 PM Deputy Attorney Review Completed 11/08/2018 6:07 PM Approved Form and Correctness with Modification(s) Completed Meeting Completed 11/15/2018 9:00 AM Signed by the Mayor Completed 11/26/2018 3:37 PM Signed and Attested by the City Clerk Completed 11/26/2018 4:06 PM Rendered Completed 12/06/2018 9:23 AM File Number: 4968 City of Miami Legislation Resolution Enactment Number: R-18-0524 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/15/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING EXECUTION OF A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE OLYMPIA CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("OLYMPIA"), AS PROPERTY MANAGER OF THE CITY OF MIAMI ("CITY") OWNED OLYMPIA THEATER AND OFFICE BUILDING LOCATED AT 174 FLAGLER STREET, MIAMI, FLORIDA 33131 ("PROPERTY"), WITH THE STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES ("STATE") FOR THE AWARD OF STATE HISTORIC GRANT ASSISTANCE FUNDS ("GRANT FUNDS") IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO BE USED EXCLUSIVELY FOR THE "OLYMPIA THEATER FACADE RESTORATION, PHASE I," FOR THE DEVELOPMENT OF CONSTRUCTION DOCUMENTS SUITABLE FOR BID AND PERMITTING PURPOSES FOR THE RESTORATION OF THE PROPERTY; AUTHORIZING CITY MATCHING FUNDS PREVIOUSLY ALLOCATED FOR THIS PURPOSE VIA THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-1370100; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESTRICTIVE COVENANTS REQUIRED BY THE GRANT AGREEMENT WITH THE OLYMPIA AND THE STATE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TEN (10) YEARS FROM DATE OF RECORDATION FOR PRESERVATION OF THE HISTORIC QUALITIES OF THE PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRING THE OLYMPIA'S ASSIGNMENT OF SAID GRANT AGREEMENT TO THE CITY, SUBJECT TO STATE APPROVAL OF THE SAME, SHOULD THE CITY TERMINATE OR CANCEL THE CITY'S MANAGEMENT AGREEMENT WITH THE OLYMPIA FOR MANAGEMENT OF THE PROPERTY; FURTHER DETAILING THE REQUIREMENTS FOR THE GRANT FUNDS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE GRANT AGREEMENT. WHEREAS, the City of Miami ("City") is the fee simple titleholder of the Olympia Theater and Office Building located at 174 Flagler Street, Miami, Florida ("Property"); and WHEREAS, the Property is currently being managed by the Olympia Center, Inc., a Florida not for profit corporation ("Olympia"); and WHEREAS, in 2016, Olympia applied for State Historic Grant Assistance Funds ("Grant Funds") from the State of Florida Department of State Division of Historical Resources ("State") to be used exclusively for the "Olympia Theater Facade Restoration, Phase I" for the development of construction documents suitable for bid and permitting purposes for the restoration of the Property; and WHEREAS, the Grant Funds application was ranked in the top ten (10) of such applications received by the State and was awarded Five Hundred Thousand Dollars ($500,000.00) for Fiscal Year 2018-2019 for said restoration of the Property requiring the City's approval of Olympia's execution of a Grant Agreement with the State and the provision of matching funds previously allocated for the Property's restoration via the City's Office of Capital Improvements ("OCI") Project No. 40-1370100; and WHEREAS, the Grant Agreement requires the execution of Restrictive Covenants between the City, Olympia, and the State, in substantially the attached form, for a period of ten (10) years from the date of recordation for preservation of the historic qualities of the Property; and WHEREAS, the City will execute an Assignment Agreement with Olympia, in a form acceptable to the City Attorney, requiring Olympia's assignment of the Grant Agreement to the City, subject to State approval of the same, should the City terminate or cancel the City's Management Agreement with Olympia for management of the Property; 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 City approves the execution of a Grant Agreement, in substantially the attached form, between Olympia, as manager of the Property, and the State for award of Grant Funds in the amount of Five Hundred Thousand Dollars ($500,000.00) to be used exclusively for the "Olympia Theater Facade Restoration, Phase I" for the development of construction documents suitable for bid and permitting purposes for the restoration of the Property. Section 3. The City authorizes the provision of City matching funds previously allocated for the restoration of the Property via City OCI Project No. 40-1370100. Section 4. The City Manager is authorized' to execute the Restrictive Covenants required by the Grant Agreement with the Olympia and the State, in substantially the attached form, for a period of ten (10) years from the date of recordation for preservation of the historic qualities of the Property. Section 5. The City Manager is further authorized' to execute an Assignment Agreement, in a form acceptable to the City Attorney, requiring Olympia's assignment of the Grant Agreement to the City, subject to State approval of the same, should the City terminate or cancel the City's Management Agreement with Olympia for management of the Property. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i . ndez, City Attor iey 11/5/2018 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, 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.