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Home My WebLink AboutBack-Up DocumentsMemorandum M®°'�'°E Date: July 21, 2020 To: Honorable Chairwoman Aud M. Edmonson Agenda Item No. 5(E) and Members, Bo ty Com ' Toners (Public Hearing 1-20-21) From: Carlos A. Gimen Mayor Subject: Ordinance Creating the Sawyer's Landing Community Development District Recommendation It is recommended that the Board of County Commissioners (Board) adopt the attached Ordinance creating the Sawyer's Landing Community Development District (CDD) in the City of Miami, Florida, pursuant to the authority granted by the Miami -Dade County Home Rule Charter for the purposes set forth in Chapter 190 of the Florida Statutes, subject to the acceptance of the declaration of restrictive covenants running with the lands within the jurisdiction of the CDD. Scope This Sawyer's Landing CDD is located within Commission District 3, represented by Commissioner Audrey M. Edmonson and will provide funding for capital improvements, as well as multipurpose maintenance functions, within the CDD. Fiscal Impact/Fundinu Source The creation of the Sawyer's Landing CDD will have no fiscal impact to the County. CDD funding is derived from assessments levied against the properties within the CDD, which are secured by a lien against the properties and collected directly by the CDD or through the annual Combined Real Property tax bill pursuant to an interlocal agreement with the County. Social Equitv Statement The proposed Ordinance grants a petition for the creation of the Sawyer's Landing CDD, pursuant to the procedures and factors set forth in Section 190.046, Florida Statutes. If approved, pursuant to Chapter 190, Florida Statutes, the CDD will have the power to levy taxes and special assessments and charge, collect, and enforce fees and other user charges affecting property owners within the proposed district, regardless of their demographics or income levels. The CDD is a timely, efficient, effective, responsive, and economic way to deliver and finance basic community development services. Track Record/Monitor This development has public roads that are to be maintained by a Property Owner's Association (POA) or the Sawyer's Landing CDD. A Multipurpose Maintenance Special Taxing District will be created to maintain the development's infrastructure, such as roadway improvements, storm drainage and landscaping, should the CDD be dissolved or fail to fulfill its maintenance obligations. The Special Taxing District will remain dormant until such time as the County determines to implement the district. Oversight of CDDs is the responsibility of the State. Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 Background Downtown Retail Associates, LLC., ("Petitioner"), the petitioner of the Sawyer's Landing Development, has filed an application to create the Sawyer's Landing CDD in connection with said development. Sawyer's Landing is a proposed 3.42 acres residential development lying wholly within the City of Miami, in an area bounded by NW 2 Avenue on the east, NW 6 Street on the south, NW 3 Avenue on the west, and NW 7 Street on the north. The Sawyer's Landing CDD is designed to provide a financing mechanism for community infrastructure, facilities, and services along with certain ongoing operations and maintenance for the Sawyer's Landing CDD. The development plan for the lands within the proposed Sawyer's Landing CDD includes construction of retail space and approximately 556 apartment units with associated roadway improvements, stormwater management system, wastewater collection system, landscaping, open space, lighting and signage, parking facilities, and water distribution system, which are estimated to cost approximately $72.387 million. This development has public and private roads that are to be maintained by a POA or the Sawyer's Landing CDD. A detailed summary of CDD elements, as well as the cost and anticipated lack of fiscal impacts to government agencies, are presented in the attached application submitted by the Petitioner. In accordance with Chapter 190, Florida Statutes, the Petitioner has paid a filing fee of $15,000.00 to the County and an additional $15,000.00 for future advertising costs according to State Statute. A declaration of restrictive covenants has been submitted consistent with the requirements of Resolution No. R-413-05 adopted by the Board on April 5, 2005, and as amended by Resolution No. R-883-06, which was adopted on July 18, 2006, to add language regarding the option to pay capital assessments in full at the time of closing. The declaration of restrictive covenants provides for: (1) notice in the public records of the projected taxes and assessments to be levied by the Sawyer's Landing CDD; (2) individual prior notice to the initial purchaser of a residential lot or unit within the development; and (3) provisions for remedial options to initial purchasers whose contract for sale did not include timely notice of the existence and extent of CDD liens and special assessments. This Board is authorized by the Florida Constitution and the County Home Rule Charter to establish governmental units, such as this CDD, within the County and to prescribe such government's jurisdiction and powers. Michael Sprin Senior Advisor MEMORANDUM - (Revised) TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: onzon-Keenan Successor County Attorney Please note any items checked. M DATE: January 20, 2021 SUBJECT: Agenda Item No. 5(E) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 3 Approved Veto Override Agenda Item No. 5(E) 1-20-21 ORDINANCE NO. ORDINANCE GRANTING PETITION OF DOWNTOWN RETAIL ASSOCIATES, LLC., FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT GENERALLY BOUNDED ON THE NORTH BY NW 7 STREET, ON THE EAST BY NW 2 AVENUE, ON THE SOUTH BY NW 6 STREET, AND ON THE WEST BY NW 3 AVENUE; CREATING AND ESTABLISHING SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and WHEREAS, section 1.01(A)(21) of the Miami -Dade County Home Rule Charter grants the Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this state; and WHEREAS, article VIII, section 6(e) of the Florida Constitution provides the authority for Miami -Dade County, through its charter, to provide a method for establishing new governmental units in Miami -Dade County and to provide for their government and prescribe their jurisdiction and powers; and 2 Agenda Item No. 5(E) Page 2 WHEREAS, Downtown Retail Associates, LLC., a Florida Limited Liability Company ("Petitioner") has petitioned for the establishment of the Sawyer's Landing Community Development District ("District"); and WHEREAS, a public hearing has been conducted by the Board of County Commissioners in accordance with the requirements and procedures of section 190.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami -Dade County Home Rule Charter and Code; and WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the Miami -Dade County Comprehensive Development Master Plan; and WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; and WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and 5 Agenda Item No. 5(E) Page 3 WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and WHEREAS, the area that will be served by the District is amenable to separate special district government; and WHEREAS, the owner of the properties that are to be developed and served by the community development services and facilities to be provided by the District has submitted an executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential lots or units with notice of liens and assessments applicable to such parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner; and WHEREAS, having made the foregoing findings, after a public hearing, the Board of County Commissioners wishes to exercise the powers bestowed upon it by section 1.01(A)(21) of the Miami -Dade County Home Rule Charter in the manner provided by chapter 190, Florida Statutes; and WHEREAS, the Board of County Commissioners finds that the District shall have those general and special powers authorized by sections 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami -Dade County that the District have such powers, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. The foregoing findings, which are expressly set forth herein, are hereby adopted and made a part hereof. C Agenda Item No. 5(E) Page 4 Section 2. The Petition to establish the District over the real property described in the Petition attached hereto, which was filed by the Petitioner on April 23, 2020, and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached and incorporated herein as Exhibit A. Section 3. The external boundaries of the District shall be as depicted in the certified metes and bounds legal description attached hereto and incorporated herein as Exhibit B to the Ordinance. The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated as Exhibit C. Section 4. The initial members of the Board of Supervisors shall be as follows: Sidney Atzmon Michael Swerdlow Nicholas Swerdlow Stephen Garchik Alben Duffle Section 5. The name of the District shall be the "Sawyer's Landing Community Development District." Section 6. The District is created for the purposes set forth in chapter 190, Florida Statutes, pursuant to the authority granted by section 1.01(A)(21) of the Miami -Dade County Home Rule Charter. Section 7. Pursuant to section 190.005 (2)(d), Florida Statutes, the charter for the Sawyer's Landing Community Development District shall be sections 190.006 through 190.041, Florida Statutes. 7 Agenda Item No. 5(E) Page 5 Section 8. The Board of County Commissioners hereby grants to the District all general powers authorized pursuant to section 190.011, Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami -Dade County to grant such general powers. Section 9. The Board of County Commissioners hereby grants to the District the special powers authorized pursuant to section 190.012(1), Florida Statutes, and sections 190.012(2)(a)(d) and (f), (except for powers regarding waste disposal), Florida Statutes and section 190.012(3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami -Dade County to grant such special powers; provided that the District's exercise of power under section 190.012(1)(b), Florida Statutes, pertaining to water, waste water and reuse water services shall be pursuant to that Declaration of Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition. Section 10. All bonds issued by the District pursuant to the powers granted by this ordinance shall be validated pursuant to chapter 75, Florida Statutes. Section 11. No bond, debt or other obligation of the District, nor any default thereon, shall constitute a debt or obligation of Miami -Dade County, except upon the express approval and agreement of the Board of County Commissioners. Section 12. Notwithstanding any power granted to the District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, special taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County. Agenda Item No. 5(E) Page 6 Section 13. Notwithstanding any power granted to the District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami -Dade County. Section 14. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owner of the lands within the jurisdiction of the District, in connection with the petition submitted by the Petitioner and approved herein. Section 15. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami -Dade County. Section 17. This Ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Gav, Prepared by: tya 1` Michael J. Mastrucci E Memorandum MIAMI-DADE,; Date: April 23, 2020 To: Melissa Adames, Deputy Clerk Office of the Clerk of the Board Attn: Shania Momplaisir From: Lorena Guerra -Macias, Chief ioln Special Assessment Districts Division Parks, Recreation and Open Spaces Department Subject: Sawyer's Landing Community Development District — Creation The attached petition was submitted by Sawyer's Landing Community Development District and has been finalized, reviewed, and deemed complete by the Miami -Dade County Parks, Recreation and Open Spaces Department pursuant to Florida State Statute Chapter 190 and Miami -Dade County Policy. The filing date of record is April 23, 2020. Attachment Michael Mastrucci Assistant County Attorney 10 "EXHIBIT A to the Ordinance" PETITION TO CREATE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT Dated: April 23, 2020 PETITION TO ESTABLISH SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT November, 2019 PETITION TO ESTABLISH SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT Petitioner, DOWNTOWN RETAIL ASSOCIATES, LLC, a Florida limited liability company, petitions Miami -Dade County, Florida ("County"), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes and the Miami - Dade Home Rule Charter, to adopt an ordinance to establish a Uniform Community Development District (the "District") and to designate the land area for which the District would manage and finance basic service delivery and states as follows: 1. Petitioner and Authorized Alzent: Petitioner is a limited liability company with principal office at 2901 Florida Avenue, Coconut Grove, Florida 33133. Copies of all correspondence and official notices should also be sent to the authorized agent for Petitioners: Dennis E. Lyles, Esq. Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 E. Las Olas Boulevard, Sixth Floor Fort Lauderdale, Florida 33301 Phone: 954-764-7150 / Fax: 954-764-7279 Email: dlyles(ZOclmr.com 2. District Location and Description: The land area to be included in the District comprises approximately 3.42 gross acres more or less. A map showing the location of the land area to be included in the District is attached hereto as Exhibit 1. All of the land within the proposed District is located in the City of Miami, Florida. A metes and bounds legal description of the external boundaries of the District is attached hereto as Exhibit 2. 3. District Impact: There is no property within the external boundaries of the District which will not be part of the District. The impact of creating the District on the parcels adjacent to the District should be positive, in that the facilities provided by the District and maintenance of same should result in an aesthetically pleasing surrounding area with beneficial infrastructure while not detrimentally affecting anyone outside the District. In addition, any 13 potential establishment costs to the City of Miami or Miami -Dade County, the establishing entity, will be nominal. 4. Property Owners Consent: Attached hereto as Exhibit 3 is documentation constituting written consent to the establishment of the District by the owner of the real property to be included in and serviced by the District. 5. Initial Governing Board: The five (5) persons designated to serve as the initial members of the board of supervisors of the District, who shall serve in that office until replaced by elected members, as provided in Section 190.006, Florida Statutes Amended, are named in Exhibit 4 attached hereto. 6. District Name: The proposed name of the District is Sawyer's Landing Community Development District. 7. Water and Sewer Lines: The major trunk water mains, sewer interceptors and outfalls currently in existence to serve the District are identified on Exhibit S attached hereto. 8. Timetables and Construction Costs: The proposed timetables and related estimates of cost to construct the District services and facilities, based upon available data, are attached hereto as Exhibits 6 and 7, respectively. Petitioners intend that the District will finance (i) stormwater management system, (ii) water distribution system, (ii) wastewater collection system, (iii) roadway improvements, (iv) landscaping, open space, lighting, and signage, and (v) parking facilities and land allocation. The stormwater management system will be owned and maintained by the City of Miami or Miami -Dade County. The water distribution system and the wastewater collection will be owned and maintained by Miami -Dade County, The roadway improvements will be owned and maintained by the City of Miami. The landscaping, open space, lighting and signage will be owned and maintained by the District or City of Miami. The parking facilities will be owned and maintained by the District. 114 9. Zoning Designation; Future Land Use: The land within the District is zoned T6-12-0, Urban Core Zone and was subject to a development agreement between the Petitioner and the property owner, Southeast Overtown/Park West Community Redevelopment Agency ("CRA") to which the Project is a mixed use development consisting of no less than 500 residential units, at least 250,000 square feet of retail, restaurant, office and entertainment uses and at least a 1,000 parking spaces. The zoning designation of the property is consistent with the Project. The future general distribution, location and extent of the public and private land uses proposed within the District are shown on Exhibit 8. These proposed land uses are consistent with the state comprehensive plan and the City of Miami Comprehensive Plan. 10. Statement of Estimated Regulatory Costs: The statement of estimated regulatory costs of the granting of this Petition and the establishment of the District pursuant thereto is attached hereto as Exhibit 9. 11. Rights to be Granted the District: Petitioners hereby request that the District be granted the right to exercise all powers provided for in Sections 190.012(1) and (2)(a) and (d), Florida Statutes. 12. Disclosure Requirements: Petitioner undertakes on behalf of the District that Petitioner and the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009, Florida Statutes, as amended and as required as a condition of the creation of the District by the Board of County Commissioners of Miami -Dade County. 13. Reasons for the Establishment of the District: The property within the District is amenable to operating as an independent special district for the following reasons: a) Establishment of the district and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective Miami - Dade County Comprehensive Master Plan. b) The area of land within the District is part of a unified plan of development. The land encompassing the District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. e) The community development services of the District will be compatible with the capacity and use of the existing local and regional community development services and facilities. d) The District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside of the District. 14. Resolution of Support from the City of Miami: A Resolution of the City of Miami City Commission supporting the establishment of the District is attached hereto as Exhibit 10. 15. Responsibility for Landscape Maintenance in the Public -Rights -of -Way: The maintenance of improved swales and medians in the public rights -of -way excluding swale maintenance by owners of property as defined by Chapter 19 of the Code of Miami -Dade County shall be provided by District, including but not limited to, irrigation, landscape lighting, payment of related utility bills, turf, trees, shrubs and any other landscaping improvements provided or caused by this development, covenants associated with landscaping permitting in the public rights -of -way notwithstanding. In the event the District is dissolved or becomes defunct and fails to provide maintenance services within the public rights -of -way as specified herein, the in required dormant multipurpose maintenance special taxing district shall be activated to provide any such maintenance services. WHEREFORE, Petitioners respectfully request Miami -Dade County to: A. Schedule a public hearing to consider this Petition pursuant to the uniform procedures set forth in Section 190,005(2)(b) and (1)(d), Florida Statutes, B. Grant the Petition and adopt an ordinance to establish the District and designate the land area to be serviced by the District, pursuant to Sections 190.005(2), Florida Statutes. Respectfully submitted this q�da of 0w�xy , 2019. DOWNTOWN RETAIL ASSOCIAT , LLC, a Florida limited liability company By : - Michael Swerdlow Manager 13 EXHIBIT 1 LOCATION SKETCH I -7ert STR z Z. :uj z w 0 > > T Rl: E E-T- IN. il PROPERTY 19 z ■ EXHIBIT 2 METES AND BOUNDS DESCRIPTION 20 IS l � I1� i ' i 1 1 ! . —T--r--r��_-1 TITLE REVIEW NOTES: I rma.Xp .1. rom d. soYnulE 0. a n. Na 1ma1 R..YYn a "a'�iODD..,Y �4°gdaio NN°� :Job t�o:.ny �ll:.III`"� "M1 �iinetr a zm0 }aI P.aP.I% L15T liF DOGS4ENTE: NW.nlpr.lYnn� O}MelWm�at aT.o.+1 b SwN.a.t O..X..n /PM Wnt Cannune io flxn4 alal YIonFOaE. ful 1% FluWa OCF3BMYECE ExIIRE 91E. 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[npry le C.unmil.a�4 , )A %I, A:JA17E50S d ffh4(VDFL R 1ffiBN.YTAYNA iNRO'R pF31LI -17 n FUPL9aRtasaM 181hE51 S U O MJ W M62-0364 1 SYMBOLLEGEND 0 0 a m _ n oa � 4 I • I I Gtl• I I I I II G 1. rl � • IW X 40 I _ =am .6 0p— = I I 1It I I "v, I ,•I I I ii3 I I II II II I ly I� I I II� � r I L �- • GRAPHIC SCALE Ia�l •�aV M1 I I GEO. C. BOLLES I SUB -DIVISION --� I" I BLOCK 46 N MAP OF MIAMI, DADE CO. FLA. _ BLOCK 46 N r (P.B. 1, PG.i6) I �qp OF MIAMI, DADE CO. I OWNER: REFERENCE ONLY I I ( PB B. PG.41) OWNER: REFERENCE ONLY FLA I OL(P.B. B, PG.41) ER. 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(P.B. 8, PG.41) g �I I OWNER: 533 NW a III 2ND AVENUE LLC II I I — ❑ w.�erxxn.IDo 18.062-0364 NOTE ALL BFAWNC a1L OISIN66 WOW XERERI IAE XFC.OROfD _ AND YFA4IRFD UNIES OIXFANSE 9fOM1 .2 a EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this 27 day of i�O MbW 2019, personally appeared before me, r `,00ldfos SW\Au an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: I . Affiant is th4WV40, D1f UIO" of Southeast Overtown/Park West Community Redevelopment Agency (the "CRA"). 2. The CRA is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property") 3. The Property constitutes a portion of the real property to be included in the Proposed CDD. 4. Affiant, on behalf of the CRA, hereby consents to the establishment of the Proposed CDD. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate createA pursuant to sectiA 163.356, Florida Statutes By: '--- Name: ta% Title:CG�'�-{�%%' j�11GP STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this X) day of 2019, by �tl �Yf.sy► , as tW qjj, of SOUTHEAST OVERTO WN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me [ ] or produced I_ as identification. !otary4-u-b—liJORGEJIMENEZNotaryPublic-SMOIFlorida Typed, or stamped name of Notary Public • , • ° COmm1551, q GG 102051 N. My Comm. Expires Aug 9, 2021 a F; UandudjhraugMNillenalHomyAW; 23 Exhibit "A" to Affidavit Legal Description of Property Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida; less and except the East 7.5 feet of Lot 20; and further less and except that portion of Lot 10 taken by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin on the West line of said Lot 10 at a point 14.51 feet South 02'16'16" East from the Northwest corner thereof, said point being the beginning of a curve concave Southeasterly having a radius of 14.5 feet, thence from a tangent bearing of North 02016'16" West run Northwesterly, Northerly and Northeasterly 22.79 feet along said curve through a central angle of 90°02'57" to the North line of said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest corner of said Lot 10, thence South 02016'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning. 24 EXHIBIT 4 INITIAL MEMBERS OF THE DISTRICT BOARD OF SUPERVISORS Name: Sidney Atzmon Address: 2522 NW 63`d Lane Boca Raton, FL 33496 Name: Michael Swerdlow Address: 2901 Florida Avenue, Suite 806 Miami, Florida 33133 Name: Nicholas Swerdlow Address: 2901 Florida Avenue, Suite 806 Miami, Florida 33133 Naive: Stephen Garchik Address: 101 SE 4th Avenue Delray Beach, Florida 33483 Naive: Alben Duffle Address: 19430 Ambassador Court Miami, Florida 33179 All of the initial members of the Board of Supervisors are residents of the State of Florida and citizens of the United States. 25 Sidney Atzmon 2522 NW 63Id Lane Boca Raton, Florida 33496 (954) 232-1633 Employment History 2006 to Present Self Employed/Investor Acquisition, leasing and management of privately held portfolio of commercial properties. 2002 to 2005 Swerdlow Boca Developers Group, LLC President Responsible for all development activities for a mixed use project known as Biscayne Landing in North Miami, Florida. 1984 to 2005 Swerdlow Group Executive Vice President Responsible for all aspects of real estate development including over 7.5 million square feet of commercial buildings and 1,100 acres of vacant land containing over 4,000 residential units. 1982 to 1984 Jones Lang Wootton Project Manager Responsible for the renovation and development of several office buildings in New York City. 1979 to 1982 Tishman Realty & Construction Project Engineer Worked on the construction of the Golden Nugget Hotel and Casino in Atlantic City, NJ and a conference center for the Girl Scouts of America in Pleasantville, NY. 1978 to 1979 Petro Marine Engineering Structural Engineer Education 1977 BS, Civil Engineering, Columbia University School of Engineering & Applied Science 1978 MS, Structures & Engineering Mechanics, Columbia University School of Engineering & Applied Science 26 Michael Swerdlow 2901 Florida Ave, Suite 806 Miami, FL 33133 305-987-1718 Employment History 1970 to Present Independent Real Estate Developer/ CEO Swerdlow Group Developed over 15,000,000 SF of Commercial Real Estate Education 1963 BS, Physics, Stevens Institute of Technology 1964 MS, Mathematics, Columbia University 1967 LLB, NYU Law School 27 Nicholas Swerdlow 2901 Florida Ave, Suite 806 Miami, FL 33133 (305) 753-9521 Employment History: 2018 to Present Vice President Swerdlow Group 2016 to 2018 Director Swerdlow Art Group, LLC 2015 to 2016 Sales Associate Gagosian Gallery Education: 2015 BA, Art History, Vanderbilt University Stephen I Garchik 101 SE 4th Avenue Delray Beach, FL 33483 703.517,7004 ssarchik@simpartners.com 1976 to 1980 Arth ur Andersen LLP Provided consulting, accounting and professional tax services to clients locally and abroad. 1981 to 1997 The Evans Company Mr. Garchik began his real estate career at The Evans Company (TECO). TECO was incorporated in the District of Columbia in 1972 and operated as a full service commercial real estate development and asset management company since 1973. As President and 50% owner of TECO he has overseen the development of approximately 10,000,000 sq. ft. of commercial improvements and the master planning of several major office parks. This includes headquarter. buildings for the National Science Foundation, US Army Corps of Engineers, Sylvan Learning Centers, Booz Allan Hamilton and ICF. He has also developed regional campuses for Mobil Oil, United States Postal Service, SAIC and Sprint. 1997 to Present S.IMPartners, Inc. Stephen Garchik formed SJM Partners in 1997 to succeed TECO. Mr. Garchik set up new ventures, aligning himself with strong operating partners and, where necessary, substantial equity partners. One such business was self storage. To date, the storage company has developed and acquired over 50 projects representing in. excess of 5,000,000 sq ft in five states on the east coast. Another company he started assembled and sold 27 golf courses over a decade of ownership. Today a third separate company owns 11 apartment buildings in the New York City boroughs. Mr. Garchik has also has continued to be involved in large scale urban developments. To date he has participated in the zoning of the Maxwell House Coffee facility in Hoboken, New Jersey, a 1,200,000 square foot mixed use development; the 605 unit residential towers known as. 1060 Brickell Avenue, in Miami, Florida and in 2005 completed a 1,000 bed student -housing tower above a four-story parking deck in College Park, Maryland. Phase Il totaling an additional 500 beds opened. in 2010. Since the. mid 1990's, Mr. Garchik has also been active in consolidating operating business, some of which have gone public. These businesses include travel agencies, vacation rental management companies, allied health vocational schools, cell tower development firms and cellular phone companies in Africa Mr. Garchik serves on the Boards of several non-profit institutions. He holds both a B.S. and M.B.A. from the Wharton School of the University of Pennsylvania. 29 Al ben Duff ie 19430 Ambassador Court Miami, FL 33179 (305) 799-3719 Employment History: 1995 to Present President, public -private partnerships Teja and Associates 1985 to 1995 Oversaw participation of construction contracts for minority participation Miami Dade County Office of Minority Business Development 1975 to 1985 Vice President Loan Department Capital Bank 1973 to 1975 Membership Department Greater Miami Chamber of Commerce Education: Miami Dade Community College North North Miami Senior High GIN EXHIBIT 5 MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS 31 5" WATER MAIN 16" WATER MAIN 36" WATER MAIN 8" SANITARY SEWER I, II II ! u KW. 7M BMEET MMEsrW PROMENAIDE) I, a __�- I ❑ ' gig - II C, -m+ n>� rt. t4rr>, rrM+�i4iFw■ ra+rrt. n+ra n»r>• H Wi4tii� o �rH++i t� rrtHi r� F�aBHi r�-r�+� i rf+tii rrl ' — o�-- - --- I ' r --—� 98T46'4 4af6riR DIP I j ' LINE ERTY RETAI i l o w W ; u :2Eh I R= 14.50' 1= ; x 6.. WATER t� I III. MAIN i-L i l I ---"----- RECEIVING/LOADING .-. I II 1-n I i AREA i{� 3 1 ^n r F Q I I I I; W L;oni�in - -_ I W I 11 I II�-____—} 1. ATOR 1 li ii * W jj N a II 1 ELEV. -- ' ■ 1- I 11 3 ° 1 lio ■ I II I n tj ; ELEV. �` y 8" SANITARY D, II I I RETAIL ; Im ' SEWER a3 I ;II I I II ELEV.--__—_—_ ._" ■ ■ x x , I I I '� ' �� I 4 ■ II ELEV. I 130 WATER " MAIN II I I II , II CURVEIt R= 25.00' I II ELEV L= 39.29' I I _ �l�. e= 89'S7'35• 11 I I L- 39.25' � ELEV B II I L ____-_-_ _—____-_-____-�_-__-________---_____�� IiI■----__-- _ _-l__ R W2.6_6• _IN O I ` I p p rl u i 11 - - ii r tr115tr rm*Haaa+tsl #IFEi+rE +�+ H �N'M� I HE HiiWH HiiH H�}H HiiH l�E��H-HH Hi+H H-FH HfFH Hii Hi{H FFHH HiiH HiFH 4}-H Hid' I o _ , n , � o�.,a---------------------- --- - _ ---------------- ---- N KW. STH BffiEEf (ONE-WAY WEMBOLI D) 18" SANITARY SEWER 36 WATER MAIN ;I WATER AND SEWER PLAN 8" SANITARY SEWER 16" WATER MAIN SCALE:'• = 3D• 6" WATER MAIN Major Water and Sewer Mains EXHIBIT 6 PROPOSED TIMETABLE FOR CONSTRUCTION OF DISTRICT IMPROVEMENTS Stormwater Management System Water Distribution System Wastewater Collection System Roadway Improvements Landscaping/Open Space/Lighting/Signage Parking Facilities 33 Start Date Completion Date November, 2020 April, 2021 November, 2020 April, 2021 November, 2020 April, 2021 June, 2021 March, 2022 June, 2021 March, 2022 March, 2020 March, 2022 EXHIBIT 7 ESTIMATED COSTS OF DISTRICT IMPROVEMENTS Stormwater Management System Water Distribution System Wastewater Collection System Roadway Improvements Landscaping/Open Space/Lighting/Signage Parking Facilities Land Allocation — Parking Facilities Total Estimated Costs: M. Costs• $ 185,000 $ 835,000 $ 835,000 $ 962,000 $ 701,000 $53,855,000 $15,014,000 $72,387,000 EXHIBIT 8 FUTURE LAND USE 35 ' /� i ��✓, '� � � ' / / � �% % �% �r _ � / _. � � � /� EXHIBIT 9 STATEMENT OF ESTIMATED REGULATORY COSTS 37 STATEMENT OF ESTIMATED REGULATORY COSTS Sawyer's Landing Community Development District 1.0 Introduction 1.1 Purpose This statement of estimated regulatory costs ("SERC") supports the petition to form the Sawyer's. Landing Community Development District ("District" or "CDD"). Downtown Retail Associates, LLC ("Petitioner") is master planning a +/- 3.42 acre mixed -use community, Sawyer's Landing ("Project"), located between NW 2 Avenue on the east, NW 3 Avenue on the west, NW 6 Street on the south and NW 7 Street on the north in the City of Miami ("City"), Miami - Dade County ("County"), Florida. The District will provide community Infrastructure that will serve all the land in the proposed District. The District plans to provide community infrastructure including, but not necessarily limited to, water distribution improvements, wastewater collection improvements, roadway improvements, stormwater management improvements, landscape, open space, lighting and signage improvements, parking facilities and other community improvements to support the development of the Project.. The District plans to finance community Infrastructure by issuing bonds ("Bonds") secured by, among other things, proceeds of non -ad valorem special assessments (the "Assessments") levied on land within the District that will specially benefit from the community infrastructure all as discussed more fully below. 1.2 Scope of the Analysis The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District formation or alteration) as. follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and .financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." As noted above, the proposed District intends to provide community infrastructure and services along with their operations and maintenance, to the approximately 3.42 acres comprising the Project.. The current development program for the land contained in the District is shown in Table 1 below. These plans are subject to change as market conditions may dictate in the future. . CIE-9 Table 1. Sawyer's Landing Community Development District Development Program Retail space +/- 353,470 square feet Apartment units +/- 556.units 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;. 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith. estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license,. the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (e) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined G by Section 120.52, F.S. The City is not defined as a small city for purposes of this requirement. (f) Any additional information that the agency determines may be useful. (g) In the statement or revised statement., whichever. applies, a description of any good faith written proposal submitted under paragraph (1) (a)[of Section 120.541, F.S.] and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule." 2.0 (a) An economic analysis showing whether the rule directly or indirectly is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; (2) have .an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. It is unlikely the establishment/creation. of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 . A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance As noted above, the proposed District will provide infrastructure and community services to the +/-3.42 acres of land planned for the Project as outlined in Table 1. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the District. Based on the current development program the following entities and individuals would be affected by the formation of the District: the owners and occupants of (a) +/- 556 apartment unist and +/- 353,470 square feet. of retail space. Prior to the development and sale of the real estate, all of the undeveloped land owned by Petitioner and any other landowner within the District boundaries will also be under the jurisdiction of the District. 4.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance M State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 2,500 acres. Therefore, the County will review and act upon the petition to establish the District. There are minimal additional ongoing costs to various State.entities to implement and enforce the proposed ordinance. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Economic Opportunity and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 500 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State. Miami -Dade Countv and the Citv of Miami This petition to establish the District will require the County to review the. petition and its supporting exhibits. In addition, the County will hold public hearings to discuss the petition and to take public input. These activities will -absorb. staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Project itself. In fact, such a review of the Project is prohibited by statute. Second, the petition. contains all of the information necessary for its review. Third, the County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the County routinely processes similar petitions for land use and zoning changes that are far. more complicated than this petition to form the District. Finally, Petitioners will pay a statutorily prescribed filing fee to the County designed to offset these costs. The County will incur only a small additional annual. cost if this petition is approved. The proposed District is. an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the City and the County with its budget each year, but no City or County action is required. 4.2 Impact on State and Local Revenues Adoption of the .proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources. of revenue. No State or local. subsidies are required or expected. 41 In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance The District plans to provide various community facilities and services to the land in the District, as outlined in Table 2 below. The District plans to fund, own, operate and maintain the landscape, hardscape, lighting and signage, and part of the stormwater management improvements. The District plans to fund the public roadways, utilities, additional stormwater management improvements, and parking facilities, all of which will be owned by the District or dedicated to the County or City, and the County or City will operate and maintain these dedicated public infrastructure facilities. Table 2. Proposed Facilities and Services Facility Funded By O&MBy Ownership Roadway Improvements CDD City/County City/County Wastewater Collection System CDD County County Water Distribution System CDD County County Stormwater Management' CDD City/County City/County Parking Facilities CDD CDD CDD Landscaping/ Open CDD City/CDD City/CDD Space/Lighting/Signage Petitioners have estimated the costs for providing the capital facilities as outlined in Table 2, and these are shown in Table 3. Total costs for these facilities and land allocation are estimated to be approximately $72,387,000. To fund this construction program, in whole or in part, the District may issue special assessment or other revenue bonds. The Bonds would be repaid through non -ad valorem assessments levied on all lands in the District that may benefit from the District's proposed facilities and services as outlined in Table 2 and any other available revenue source. 42 Table 3. Summary of Estimated Capital Costs for Proposed Sawyer's Landing Community Development District Facility I Total Roadway Improvements Wastewater Collection System Water Distribution System Stormwater Management Landscaping/ Open Space/Lighting/Signage Parking Facilities Land Allocation — Parking Facilities Total Source: $962,000 $835,000 $835,000 $185,000 $701,000 $53,855,000 $15,014,000 $72,387,000 Prospective future landowners in the District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer -provided infrastructure and facilities. Along these same lines, District -imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners' association common to most master planned developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood 43 association, City provision (directly or via a dependent special district), or through developer bank loans. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in the City Miami. As of the Census date, the 2010 Census, the City has a population of in excess of 10,000 people. Therefore, the proposed District is not located in a City defined as a "small city" (10,000) according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from Petitioners' Engineer and other professionals associated with Petitioners. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Project. As an alternative to the District, the City or County could approve a dependent special district for the area, such as a Municipal Service Benefit Unit ("MSBU") or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the City or County to continue to administer the Project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. A District also is preferable from a government accountability perspective. With a District as proposed, landowners and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other City or County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association ("POA") for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is. a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. 45 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 30 days after adoption of assessment resolution Form 1 - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 215 by November 15 Proposed Budget 190.008 sixty (60) days prior to adoption of final budget Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued M EXHIBIT 10 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI SUPPORTING THE ESTABLISHMENT OF THE DISTRICT 47 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution: R-20-0086 File Number: 7314 Final Action Date: 3/12/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY DOWNTOWN RETAIL ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ITS AFFLILATES AND SUBSIDIARIES (COLLECTIVELY, "DEVELOPER") FOR THE 3.42 +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHWEST 7 STREET, ON THE SOUTH BY NORTHWEST 6 STREET, ON THE WEST BY NORTHWEST 3 AVENUE, AND ON THE EAST BY NORTHWEST 2 AVENUE, MIAMI, FLORIDA, WHICH IS LOCATED AT APPROXIMATELY 249 NORTHWEST 6 STREET MIAMI, FLORIDA; ENCOURAGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE A PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. WHEREAS, pursuant to Resolution No. CRA-R-18-0041 adopted on September 24, 2018 by the Southeast Overtown/Park West Community Redevelopment Agency ("CRA"), the CRA Board of Commissioners authorized the negotiations for the development of Block 55 ("Project") located at approximately 249 Northwest 6 Street, Miami, Florida, Folio No. 01-0105- 050-1120, generally bounded on the east by Northwest 2 Avenue, on the west by Northwest 3 Avenue, on the south by Northwest 6 Street, and on the north by Northwest 7 Street, Miami, Florida ("Site"), with Downtown Retail Associates, LLC, a Florida limited liability company ("Developer"); and WHEREAS, the CRA and the Developer entered into a development agreement for the Project on October 1, 2018; and WHEREAS, the Site is a 3.42 +/- acre of undeveloped real estate located in District 5; and WHEREAS, once constructed, the Project will consist of not less than 500 residential units, not less than 250,000 rentable square feet of retail/restaurant/office/entertainment space, and a minimum of 1,000 parking spaces; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deems this Resolution to be of an emergency nature in order to address the matters during the current legislative session; and WHEREAS, the City of Miami ("City") supports the creation of the Sawyer's Landing Community Development District ("CDD") for the Site to assist in the funding and construction of various onsite and offsite infrastructure and related public improvements for the Project; City of Miami Page 1 of 2 File ID: 7314 (Revision:) Printed On: 312412020 48 File ID: 7314 Enactment Number: R-20-0086 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 and incorporated as if fully set forth in this section. Section 2. The City Commission supports the creation of the CDD by the Developer, its affiliates, and subsidiaries for the Site. Section 3. The City Commission encourages the County Commission to approve a petition submitted by the Developer to create the CDD consistent with the development agreement between the Developer and the CRA. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: I i na41�ndez, ity Httor ey 3/20/2020 City of Miami PagOof 2 File ID: 7314 (Revision:) Printed on: 312412020 FYOF City of Miami Master Report File Number: 7314 Revision: Enactment Number: R-20-0086 File Type: Resolution File Name: Creation of Sawyer's Landing Community Development District (CDD) City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Status: ADOPTED Controlling Body: City Commission Introduced: 3/12/2020 Requesting Dept: City Commission Final Action Date: 3/12/2020 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY DOWNTOWN RETAIL ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ITS AFFLILATES AND SUBSIDIARIES (COLLECTIVELY, "DEVELOPER") FOR THE 3.42 +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHWEST 7 STREET, ON THE SOUTH BY NORTHWEST 6 STREET, ON THE WEST BY NORTHWEST 3 AVENUE, AND ON THE EAST BY NORTHWEST 2 AVENUE, MIAMI, FLORIDA, WHICH IS LOCATED AT APPROXIMATELY 249 NORTHWEST 6 STREET MIAMI, FLORIDA; ENCOURAGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE A PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. Notes: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. Links: Attachments: History of Legislative File: Revision: Acting Body: Date: Action: Result: City Commission 3/12/2020 Meeting Completed City Commission 3/12/2020 ADOPTED Passed Victoria Mendez 3/20/2020 Approved Form and Completed Correctness City Clerk's Office 3/20/2020 Rendered Completed City of Miami Page 1 of 1 Printed on: 312412020 50 "EXHIBIT B to the Ordinance" Legal Description Legal Description: Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida; less and except the East 7.5 feet of Lot 20; and further less and except that portion of Lot 10 taken by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin on the West line of said Lot 10 at a point 14.51 feet South 02'16'16" East from the Northwest corner thereof, said point being the beginning of a curve concave Southeasterly having a radius of 14.5 feet, thence from a tangent bearing of North 02°16'16" West run Northwesterly, Northerly and Northeasterly 22.79 feet along said curve through a central angle of 90002'57" to the North line of said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest corner of said Lot 10, thence South 02'16'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning. 52 "EXHIBIT C to the Ordinance" District Boundaries and Geographical Location Sketch DISTRICT BOUNDARIES STREET NW � STR � 1 1 1 1 1 1 1 1 zI IUj zF Qz IUJ Q NI 1 M TRACT "A" 1 N zl Iz 1 1 1 1 1 I I 1 1 I NW 6 STREET (COMM. 0003) SECTION: 37 - 53 - 41 SAWYE R'S LANDING COMMUNITY DEVELOPMENT DISTRICT EXHIBIT "C" TO THE ORDINANCE (Boundaries and Geographical Location Sketch)