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Home My Public Portal About22-002 - Wellspring Community Resources DA name correctionSponsored By: City Attorney RESOLUTION NO. 22-002 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA CORRECTING THE NAME OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND WELLSPRING APARTMENTS, LLC TO REFLECT THE CORRECT NAME "WELLSPRING COMMUNITY RESOURCES, INC." FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE IDENTIFIED BY FOLIOS 08-2122-025- 0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 23, 2021, the City Commission of the City of Opa-Locka, Florida considered Resolution 21-9876 and approved the Development Agreement between the applicant, Wellspring Community Resources, Inc. ("Applicant"), for the development of a new senior affordable housing facility within the City of Opa-Locka ("City"); and WHEREAS, on April 26, 2021 the City Attorney made clear to City planning staff in an email that the name on the Resolution and Development Agreement should be the same name as listed and approved by Miami -Dade County on the lease agreement. It was specifically documented to all City Planning Staff that the proper name should be "Wellspring Community Resources, Inc." (See Attached Composite Exhibit "A"); and WHEREAS, on June 2, 2022, Jose J. Arrojo, Executive Director of the Miami -Dade County Commission on Ethics wrote the City Attorney requesting public records relating to the Development Agreement between the City of Opa-Locka and Wellspring Community Resources, Inc. (See Composite Exhibit "A"); and WHEREAS, due to the June 2, 2022 email, the issue was researched and it was discovered from City Planning Staff that although the Resolution contained the name "Wellspring Community Resources, Inc.", the Development Agreement contained a different name, Wellspring Apartments, LLC.; and WHEREAS, it was discovered on June 7, 2022 by the City Attorney that the Development Agreement approved by the City Commission referencing Wellspring Apartments, LLC was never actually executed; and WHEREAS, the Miami -Dade County Commission on Ethics has been made aware that this matter would be brought before the City Commission for correction consideration. Resolution No. 22-002 Burnadette Norris -Weeks, P.A. City Attorney NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by reference. SECTION 2. Approval of Correction. The City Commission of the City of Opa-Locka hereby approves the correction of the name on Development Agreement between Wellspring Apartment, LLC and the City of Opa-Locka to the proper name "Wellspring Community Resources, Inc." for the construction and operation of a senior affordable housing facility located at 14703 NW 27th Avenue, identified by folios 08-2122-025-0580 and 08-2122-025-0590 and as specifically described in Exhibit "B". SECTION 3. Effective Date. This Resolution shall, upon adoption, become effective as specified by the City of Opa- Locka Code of Ordinances, the City of Opa-Locka Charter and Florida law. PASSED and ADOPTED this 22n' day of June, 2022. ATTEST: J s: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 2 Resolution No. 22-002 Moved by: Commissioner Davis Seconded by: Commissioner Bass VOTE: 5-0 Commissioner Dominguez YES Commissioner Bass YES Commissioner Davis YES Commissioner Taylor YES Mayor Williams YES 3 COMPOSITE EXHIBIT "A" Joanna Flores From: bnorris@bnwlegal.com Sent: Wednesday, June 15, 2022 1:16 PM To: Joanna Flores Subject: FW: Opa-locka Development Agreement CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. This is with Composite Exhibit "A" -- the email below. From: Arrojo, Jose (COE) [mailto:Jose.Arrojo@miamidade.gov] Sent: Thursday, June 2, 2022 6:23 PM To:'cityattorney@opalockafl.gov' <cityattorney@opalockafl.gov>;'bnorris@bnwlegal.com' <bnorris@bnwlegal.com> Subject: Opa-locka Development Agreement Burnadette, Good evening. I am working on something in Opa-locka and I am hoping that you can help me. On June 23, 2021, the Opa-locka City Commission voted to approve a site plan for the old Jackson North Maternity Center site. It also approved a development agreement between Opa-locka and Wellspring Community Resources, Inc. Wellspring Community Resources, Inc. is a Florida non-profit. But when I looked at the actual development agreement, it is between Opa-locka and Wellspring Apartments, LLC., a Colorado LLC registered as a foreign jurisdiction LLC in Florida. Who signed the agreement on behalf of Wellspring Apartments, LLC? Let me know if I should make a public records request or if you recall the transaction. I think that attorney Robert Holland represented the entity. Thank you, Jose Jose J. Arrojo Executive Director Miami -Dade Commission on Ethics and Public Trust Overtown Transit Village North 701 Northwest I" Court, 8": Floor Miami, Florida 33136 Jose.Arro io(cilm iamidade. gov Tel: (305) 579-2594 Fax: (305) 579-0273 http://ethics.miamidade.gov 1 Joanna Flores From: Burnadette Norris -Weeks <bnorris@apnwplaw.com> Sent: Wednesday, June 15, 2022 1:17 PM To: Joanna Flores Cc: Candice Cobb Subject: FW: Wellspring - RESOLUTION (DA) Attachments: Wellspring - RESOLUTION (DA).docx CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. This goes with Composite Exhibit A to the Wellspring reso. From: Burnadette Norris -Weeks Sent: Wednesday, June 8, 2022 8:20 AM To: Gregory Gay <ggay2@Opalockafl.gov>; Gerald J. Lee <gjlee@OpaLockafl.gov> Cc: Joanna Flores <jflores@Opalockafl.gov>; Candice Cobb <ccobb@apnwplaw.com> Subject: FW: Wellspring - RESOLUTION (DA) Dear Mr. Gay and Lee, You have previously been advised that the City Commission approved the final site plan for the construction and operation of a senior affordable housing facility at the old Jackson North Maternity Center site on July 23, 2021. The Commission also adopted a Resolution approving a Development Agreement, however, the agreement mistakenly contained a different name even after I warned you in the 4/26/21 email below. The legal department is uncertain of to how a different name came to be on the development agreement documents and in the agenda packet. The City Clerk advised yesterday that your office was going to seek signatures for the improper development agreement that was never executed. I immediately called Mr. Lee to advise that signatures should not be sought for this agreement. This issue will need to go back before the City Commission in order to be corrected. The Development Agreement will need to be with Wellspring Community Resources, Inc., a Florida nonprofit corporation. Thank you. Burnadette Norris -Weeks, Esq. City of Opa-Locka, City Attorney T: 954 768 9770 1 F: 954 768 9790 Bnorris@apnwplaw.com From: Burnadette Norris -Weeks Sent: Monday, April 26, 2021 7:50 PM To: Gregory Gay <ggay@Opalockafl.gov> Cc: Kinshannta Hall <khall@Opalockafl.gov>; cdelaine@Opalockafl.gov; Gerald J. Lee <gjlee@OpaLockafl.gov>; Candice Cobb <ccobb@apnwplaw.com>; John E. Pate <jpate@Opalockafl.gov> Subject: Wellspring - RESOLUTION (DA) Dear Mr. Gay, 1 Please find attached the Wellspring Resolution. It is great that you were able to quickly get the information that we discussed. Specifically, we discussed that the entity in a lease with the owner (Miami -Dade County) should be consistent with the entity that we are looking to enter into a DA with now. According to the various documents that you sent to me following our meeting today, that entity is Wellspring Community Resources, Inc. I revised the resolution that you sent to reflect the name of said corporate entity. As we discussed, the group that you previously had has no actual name associated with it and a corporate search for companies that lead to a final company gives us nothing. We also discussed that you all should pay careful attention to your office CHECKLIST so that when we review with you, it can be productive. Although I am attaching the DA resolution, it is my understanding that you do not have the actual development agreement for me to review. Thanks. Burnadette Norris -Weeks, Esq. City of Opa-Locka, City Attorney T: 954 768 9770 1 F: 954 768 9790 Bnorris@apnwplaw.com 2