Authorizing the city manager to accept funds from the wynwood business improvement district ("BID") and its public benefits trust fund committee ("committee") for the acquisition, development, construction, and maintenance of the property located at 29 northwest 28 street, miami, florida (“property”); further authorizing and directing the city manager to apply for a future land use map (“flum”) amendment and rezoning as may be necessary to designate the

AGENDA ITEM COVER PAGE File ID: #19271 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND ITS PUBLIC BENEFITS TRUST FUND COMMITTEE ("COMMITTEE") FOR THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY LOCATED AT 29 NORTHWEST 28 STREET, MIAMI, FLORIDA (“PROPERTY”); FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPLY FOR A FUTURE LAND USE MAP (“FLUM”) AMENDMENT AND REZONING AS MAY BE NECESSARY TO DESIGNATE THE PROPERTY TO “PARKS AND RECREATION” IN THE FLUM AND “CS” TRANSECT ZONE IN THE ZONING ATLAS UPON CONVEYANCE OF THE PROPERTY TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING (“FUNDS”) FROM THE BID AND ITS COMMITTEE FOR THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A DEDICATED CITY ACCOUNT FOR THE DEPOSIT AND EXPENDITURE OF THE FUNDS FOR THE DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION AND TO ACCOMPLISH THE CONVEYANCE OF THE PROPERTY. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 19271 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND ITS PUBLIC BENEFITS TRUST FUND COMMITTEE ("COMMITTEE") FOR THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY LOCATED AT 29 NORTHWEST 28 STREET, MIAMI, FLORIDA (“PROPERTY”); FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPLY FOR A FUTURE LAND USE MAP (“FLUM”) AMENDMENT AND REZONING AS MAY BE NECESSARY TO DESIGNATE THE PROPERTY TO “PARKS AND RECREATION” IN THE FLUM AND “CS” TRANSECT ZONE IN THE ZONING ATLAS UPON CONVEYANCE OF THE PROPERTY TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING (“FUNDS”) FROM THE BID AND ITS COMMITTEE FOR THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A DEDICATED CITY ACCOUNT FOR THE DEPOSIT AND EXPENDITURE OF THE FUNDS FOR THE DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION AND TO ACCOMPLISH THE CONVEYANCE OF THE PROPERTY. WHEREAS, the City of Miami (“City”) intends to construct a public park at 29 Northwest 28 Street, Miami, Florida (“Property”) that will serve the recreational and cultural needs of the community and enhance the quality of life of residents in the surrounding area; and WHEREAS, pursuant to section 62-644, of the Code of the City of Miami, Florida, as amended (“City Code”), the Wynwood Business Improvement District (“BID”) may collect cash contributions to support reinvestment and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space within the NRD-1 boundaries; and WHEREAS, the Property is within the NRD-1 boundaries; and WHEREAS, the City Parks and Recreation Department, in conjunction with the BID, shall construct, design, and develop a community park project and programming plan for this future public City park that may include live music performances and different types of markets to be held at the Property (“Project”); and WHEREAS, the necessary source of funds for the design, construction, and implementation of the Project will be allocated from the Wynwood Public Benefit Trust Fund and the source of funds for the annual maintenance expenses will be allocated from the Wynwood BID General Operating Fund (collectively, “Funds”); and WHEREAS, all funds received for this purpose shall be recognized as restricted revenue in accordance with applicable accounting standards and City financial policies and all expenditures related to the Project shall be processed through a dedicated account, tracked separately using a dedicated project code and award, and shall comply with City procurement and financial policies; and WHEREAS, the City Parks and Recreation Department (“Department”) wishes to establish a mechanism for periodic transfer or reimbursement from the BID and Committee Fund to cover annual maintenance expenses, ensuring these transactions are budgeted and tracked; and WHEREAS, the Department shall provide regular financial reports on the recognition and use of BID and Committee funds as well as Project expenditures to the City Commission and the Wynwood BID, and shall conduct periodic reconciliation of these funds; and WHEREAS, the BID and the Committee agree to transfer the Funds to the City for the construction and maintenance of the Project and the Property; and WHEREAS, the City agrees to accept the Funds to be used for the development, construction, and maintenance of the Property and Project;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized1 to accept the Funds from the BID for the Property and the design, development, construction, and maintenance of the Property and the Project. Section 3. The City Manager is further authorized1 and directed to prepare and submit any and all applications for a future land use map amendment and rezoning as necessary to designate the Property to “Parks and Recreation” on the City's adopted Future Land Use Map. Section 4. The City Manager is authorized1 and directed to establish a City account to accept, allocate, and appropriate the Funds from the BID and Committee for the acquisition, development, construction, and maintenance of the Property and Project. Section 5. The City Manager is authorized1 to execute any and all necessary documents, including amendments and modifications, in a form acceptable to the City Attorney, and to take any and all administrative actions necessary to effectuate this resolution and to accomplish the conveyance of the Property. Section 6. This Resolution shall become effective immediately upon its adoption. 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. APPROVED AS TO FORM AND CORRECTNESS: