Resolution 2020-31350 RESOLUTION NO. 2020-31350
A RESOLUTION OF THE MAYOR ANID CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY'S USE OF
THE$55 MILLION THE CITY SHALL RECEIVE FROM THE PROPOSED
SALE OF 0.3 ACRES OF PROPERTY AND AIR RIGHTS OVER 300-390
ALTON ROAD TO MARINA PARK RESIDENTIAL, LLC FOR THE
MARINA PARK PROJECT (THE "SALE"), SUBJECT TO VOTER
REFERENDUM APPROVAL OF THE SALE IN ACCORDANCE WITH
SECTION 1.03(B)(1) OF THE CITY CHARTER; REQUIRING THAT THE
$55 MILLION IN SALE PROCEEDS SHALL BE USED BY THE CITY
SOLELY IN ACCORDANCE WITH THE INTENT OF THE VOTERS IN
CONNECTION WITH THE NOVEMBER 3, 2020 REFERENDUM
REGARDING THE USE OF THE $55 MILLION FOR THE FOLLOWING
PUBLIC PURPOSES: (1) RESILIENCY AND SUSTAINABILITY
INITIATIVES, (2) AFFORDABLE, WORKFORCE, OR TEACHER
HOUSING, (3) PROGRAMS TO BENEFIT THE ELDERLY, OR (4)
INCREASING CITY'S BUDGETARY RESERVES; FURTHER,
REQUIRING THAT ALL DEPOSITS AND INSTALLMENT PAYMENTS
RECEIVED FROM THE SALE (IN THE AGGREGATE OF $15 MILLION)
SHALL FIRST BE APPLIED TOWARD INCREASING CITY'S
BUDGETARY RESERVES, AND SHALL NOT BE EXPENDED, UNTIL
SUCH TIME AS ALL DEPOSITS AND INSTALLMENT PAYMENTS
BECOME NON-REFUNDABLE IN ACCORDANCE WITH THE TERMS OF
THE PURCHASE AND SALE AGREEMENT, DEVELOPMENT
AGREEMENT AND LEASE AGREEMENT FOR THE MARINA PARK
PROJECT; AND FURTHER, PROVIDING THAT ONCE ALL DEPOSITS
AND INSTALLMENT PAYMENTS BECOME NON-REFUNDABLE, EACH
OF THE REMAINING CATEGORIES (RESILIENCY/SUSTAINABILITY,
AFFORDABLE/WORKFORCE HOUSING,AND ELDERLY PROGRAMS)
SHALL BE GUARANTEED A MINIMUM FUNDING ALLOCATION OF$5
MILLION EACH, TO ENSURE THAT NOT LESS THAN $5 MILLION IS
DEDICATED FOR PROGRAMS OR PROJECTS WITHIN EACH OF THE
CATEGORIES APPROVED BY THE CITY'S VOTERS.
WHEREAS, on July 29, 2020, the Mayor and City Commission will consider
approval, on second reading, of the proposed transaction for the Marina Park Project,
including the proposed (1) Development Agreement: (2) the sale of property, and air
rights, for the residential component of the Project("Sale of Residential Parcel"); (3)the
new Lease for the Miami Beach Marina ; the (4) proposed vacation of the City Right-of-
Way Area, as part of Consolidated Agenda Item R7A on the July 29, 2020 City
Commission agenda; and
WHEREAS, pursuant to Section 1.03(b)(1) of the City Charter, the Sale of
Residential Parcel and new Lease are each subject to and contingent upon approval by
a majority of the voters voting in a Citywide referendum; and
WHEREAS, on July 29, 2020, the Mayor and City Commission will also consider
Agenda Item, R7D, which calls for a special election to be held on November 3, 2020 for
the purpose of submitting to the electorate the question of whether, If voters approve
City's sale to Marina Park Residential, LLC of 0.3 acres of property and air rights over
300-390 Alton Road for residential component of the Marina Park Project, the City
Commission shall use the $55,000,000 in sale proceeds, solely for the following public
purposes: resiliency and sustainability initiatives, affordable, workforce, or teacher
housing, programs to benefit the elderly, or increasing City's budgetary reserves,
impacted due to the COVID-19 pandemic (the "Referendum Question"); and
WHEREAS, on July 17, 2020, the Finance and Economic Resiliency Committee
discussed the proposed Referendum Question, and the timing and sequence within
which the City Commission would allocate or spend funds among the various categories
specified in the Referendum Question; and
WHEREAS, the $55 million for the Sale of the Residential Parcel will be received
over time, pursuant to the terms of the proposed agreements relating to the Marina Park
Project and portions if not all of the deposits and/or installment payments may be non-
refundable in the event the Project does not ultimately proceed; and
WHEREAS, as part of the Consolidated Commission Memorandum for the Marina
Park Project(R7A), a Summary of Key Milestones, Payments and Project Contingencies,
is included in Exhibit "6" thereto, outlining the extent to which payments may be
refundable or non-refundable at various stages of the Project; and
WHEREAS, in view of the foregoing, Commissioner Richardson has sponsored
this Resolution, co-sponsored by Commissioner Arriola, to require that all deposits and
installment payments received from the Sale (in the aggregate of$15 million) shall first
be applied toward increasing City's budgetary reserves, and shall not be expended, until
such time as all deposits and installment payments become non-refundable in
accordance with the terms of the Purchase and Sale Agreement, Development
Agreement and Lease Agreement for the Marina Park Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve this Resolution relating to the City's use of the $55 million
the City shall receive from the proposed sale of 0.3 acres of property and air rights over
300-390 Alton Road to Marina Park Residential, LLC for the Marina Park Project (the
"Sale"), subject to voter referendum approval of the sale in accordance with Section
1.03(b)(1) of the City Charter; and require as follows:
A. The $55 million in Sale proceeds shall be used by the City solely in accordance
with the intent of the voters in connection with the November 3, 2020 referendum
regarding the use of the $55 million for the following public purposes: (1) resiliency and
sustainability initiatives, (2) affordable, workforce, or teacher housing, (3) programs to
benefit the elderly, or (4) increasing City's budgetary reserves.
2
B. All deposits and installment payments received from the Sale (in the aggregate of
$15 million) shall first be applied toward increasing City's budgetary reserves, and shall
not be expended, until such time as all deposits and installment payments become non-
refundable in accordance with the terms of the Purchase and Sale Agreement,
Development Agreement and Lease Agreement for the Marina Park Project.
C. Once all deposits and installment payments received from the Sale become non-
refundable, each of the remaining categories (resiliency and sustainability,
affordable/workforce housing, and elderly programs) shall be guaranteed a minimum
funding allocation of$5 million each, to ensure that not less than$5 million is expended for
programs or projects within each of the categories approved by the City's voters.
PASSED AND ADOPTED this 25t day of July, 2020.
ATTEST: _ 2" 'II
Dan Gelber, Mayor ~`~
Rafae E. Granado, City Clerk
`��P... 1'` •, fy, APPROVED AS TO
,,� t FORM&LANGUAGE
% '.IN[ORPk,ORATED; &FOR EXECUTION
,„CH 26CR (-- r I 1 fJ
City Attorney n p Date
3
Resolutions -R7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 29, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY'S USE OF THE $55
MILLION THE CITY SHALL RECEIVE FROM THE PROPOSED SALE OF
0.3 ACRES OF PROPERTYAND AIR RIGHTS OVER 300-390 ALTON ROAD
TO MARINA PARK RESIDENTIAL, LLC FOR THE MARINA PARK
PROJECT (THE "SALE"), SUBJECT TO VOTER REFERENDUM
APPROVAL OF THE SALE IN ACCORDANCE WITH SECTION 1.03(B)(1)
OF THE CITY CHARTER; REQUIRING THAT THE $55 MILLION IN SALE
PROCEEDS SHALL BE USED BY THE CITY SOLELY IN ACCORDANCE
WITH THE INTENT OF THE VOTERS IN CONNECTION WITH THE
NOVEMBER 3, 2020 REFERENDUM REGARDING THE USE OF THE $55
MILLION FOR THE FOLLOWING PUBLIC PURPOSES: (1) RESILIENCY
AND SUSTAINABILITY INITIATIVES, (2) AFFORDABLE, WORKFORCE,
OR TEACHER HOUSING, (3) PROGRAMS TO BENEFIT THE ELDERLY, OR
(4) INCREASING CITY'S BUDGETARY RESERVES; FURTHER,
REQUIRING THAT ALL DEPOSITS AND INSTALLMENT PAYMENTS
RECEIVED FROM THE SALE (IN THE AGGREGATE OF $15 MILLION)
SHALL FIRST BE APPLIED TOWARD INCREASING CITY'S BUDGETARY
RESERVES,AND SHALL NOT BE EXPENDED, UNTIL SUCH TIME AS ALL
DEPOSITS AND INSTALLMENT PAYMENTS BECOME NON-REFUNDABLE
IN ACCORDANCE WITH THE TERMS OF THE PURCHASE AND SALE
AGREEMENT, DEVELOPMENT AGREEMENT AND LEASE AGREEMENT
FOR THE MARINA PARK PROJECT.
RECOMMENDATION
The attached Resolution has been prepared at the request of the sponsor, Commissioner
Richardson. The item is also co-sponsored by Commissioner Arriola.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Page 1633 of 2461
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson&Co-sponsored by Commissioner Arriola
ATTACHMENTS:
Description
❑ Resolution
Page 1634 of 2461
Agenda Item R1 E
Date ?-21-20
RESOLUTION NO. 2020-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY'S USE OF
THE$55 MILLION THE CITY SHALL RECEIVE FROM THE PROPOSED
SALE OF 0.3 ACRES OF PROPERTY AND AIR RIGHTS OVER 300-390
ALTON ROAD TO MARINA PARK RESIDENTIAL, LLC FOR THE
MARINA PARK PROJECT (THE "SALE"), SUBJECT TO VOTER
REFERENDUM APPROVAL OF THE SALE IN ACCORDANCE WITH
SECTION 1.03(B)(1) OF THE CITY CHARTER; REQUIRING THAT THE
$55 MILLION IN SALE PROCEEDS SHALL BE USED BY THE CITY
SOLELY IN ACCORDANCE WITH THE INTENT OF THE VOTERS IN
CONNECTION WITH THE NOVEMBER 3, 2020 REFERENDUM
REGARDING THE USE OF THE $55 MILLION FOR THE FOLLOWING
PUBLIC PURPOSES: (1) RESILIENCY AND SUSTAINABILITY
INITIATIVES, (2) AFFORDABLE, WORKFORCE, OR TEACHER
HOUSING, (3) PROGRAMS TO BENEFIT THE ELDERLY, OR (4)
INCREASING CITY'S BUDGETARY RESERVES; FURTHER,
REQUIRING THAT ALL DEPOSITS AND INSTALLMENT PAYMENTS
RECEIVED FROM THE SALE (IN THE AGGREGATE OF $15 MILLION)
SHALL FIRST BE APPLIED TOWARD INCREASING CITY'S
BUDGETARY RESERVES, AND SHALL NOT BE EXPENDED, UNTIL
SUCH TIME AS ALL DEPOSITS AND INSTALLMENT PAYMENTS
BECOME NON-REFUNDABLE IN ACCORDANCE WITH THE TERMS OF
THE PURCHASE AND SALE AGREEMENT, DEVELOPMENT
AGREEMENT AND LEASE AGREEMENT FOR THE MARINA PARK
PROJECT; 0NID]F;�U`RiTiFIERNPRO,uIDIN;GITOMO;N;CE#ALL,D;EPOS'ITtS
PANDZINSEMLIMENTIMMENTtSIB'ECOMEINO;NNERWKID'AB1LE A
MI NIMIRM[O',FfV51M1LLIONFSI ALLNBEVUSEDIATS7EXPERIfTIO.U:SAYKS
POSSIBMW EREMENTiO]FzWNDIMELORDNBLE W;ORICF IRCE O:R
TE�A�CH'ER]H;O.USLNGIPR�?J'E�C+�TtS]INiTiH'E�CITiI�.
WHEREAS, on July 29, 2020, the Mayor and City Commission will consider
approval, on second reading, of the proposed transaction for the Marina Park Project,
including the proposed (1) Development Agreement: (2) the sale'of property, and air
rights, for the residential component of the Project ("Sale of Residential Parcel"); (3)the
new Lease for the Miami Beach Marina ; the (4) proposed vacation of the City Right-of-
Way Area, as part of Consolidated Agenda Item R7A on the July 29, 2020 City
Commission agenda; and
WHEREAS, pursuant to Section 1.03(b)(1) of the City Charter, the Sale of
Residential Parcel and new Lease are each subject to and contingent upon approval by
a majority of the voters voting in a Citywide referendum; and
WHEREAS, on July 29, 2020, the Mayor and City Commission will also consider
Agenda Item, R7D, which calls for a special election to be held on November 3, 2020 for
the purpose of submitting to the electorate the question of whether, If voters approve
City's sale to Marina Park Residential, LLC of 0.3 acres of property and air rights over
300-390 Alton Road for residential component of the Marina Park Project, the City
Commission shall use the $55,000,000 in sale proceeds, solely for the following public
purposes: resiliency and sustainability initiatives, affordable, workforce, or teacher
housing, programs to benefit the elderly, or increasing City's budgetary reserves,
impacted due to the COVID-19 pandemic (the "Referendum Question"); and
WHEREAS, on July 17, 2020, the Finance and Economic Resiliency Committee
discussed the proposed Referendum Question, and the timing and sequence within
which the City Commission would allocate or spend funds among the various categories
specified in the Referendum Question; and
WHEREAS, the $55 million for the Sale of the Residential Parcel will be received
over time, pursuant to the terms of the proposed agreements relating to the Marina Park
Project and portions if not all of the deposits and/or installment payments may be non-
refundable in the event the Project does not ultimately proceed; and
WHEREAS, as part of the Consolidated Commission Memorandum for the Marina
Park Project(R7A), a Summary of Key Milestones, Payments and Project Contingencies,
is included in Exhibit "6" thereto, outlining the extent to which payments may be
refundable or non-refundable at various stages of the Project; and
WHEREAS, in view of the foregoing, Commissioner Richardson has sponsored
this Resolution, co-sponsored by Commissioner Arriola, to require that all deposits and
installment payments received from the Sale (in the aggregate of$15 million) shall first
be applied toward increasing City's budgetary reserves, and shall not be expended, until
such time as all deposits and installment payments become non-refundable in
accordance with the terms of the Purchase and Sale Agreement, Development
Agreement and Lease Agreement for the Marina Park Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve this Resolution relating to the City's use of the $55 million
the City shall receive from the proposed sale of 0.3 acres of property and air rights over
300-390 Alton Road to Marina Park Residential, LLC for the Marina Park Project (the
"Sale"), subject to voter referendum approval of the sale in accordance with Section
1.03(b)(1) of the City Charter; and require as follows:
A. The $55 million in Sale proceeds shall be used by the City solely in accordance
with the intent of the voters in connection with the November 3, 2020 referendum
regarding the use of the $55 million for the following public purposes: (1) resiliency and
sustainability initiatives, (2) affordable, workforce, or teacher housing, (3) programs to
benefit the elderly, or (4) increasing City's budgetary reserves.
B. and further, rem vire that All deposits and installment payments received from the
Sale (in the aggregate of $15 million) shall first be applied toward increasing City's
2
budgetary reserves, and shall not be expended, until such time as all deposits and
installment payments become non-refundable in accordance with the terms of the
Purchase and Sale Agreement, Development Agreement and Lease Agreement for the
Marina Park Project.
C. '.ace all de oosits,and installment 0:a meats received from;the.Sal.e become non:
refundable, a minirnum.of°$"5 million shale be used asexpeditiouslyasapossible'thereafte
to fund.affordabl"e, workfaorce or teacher housing;proieets in,_the City.
PASSED AND ADOPTED this day of July, 2020.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Gongora)
3
I
THIS PAGE INTENTIONALLY LEFT BLANK