HomeMy WebLinkAboutSubmittal - Carlos Lago - Letter to Commissioners - Grove Central StationSubmitted into the public
MGreenberjraurig on03110/rd for 2022(s)ty Cl
on 03/10/2022 City Clerk
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March 9, 2022
Via Email and Hand Delivery
Honorable Chairwoman and Commissioners
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: File ID 9385 / Item PZA / March 10, 2022 City Commission Agenda / Proposed
Amendment to Article 2 of Miami 21 regarding Miami -Dade County Rapid
Transit System Development Zone / Grove Central Station
Dear Honorable Chair and Commissioners:
Our firm represents GRP Grove Metro Station LLC (the "Lessee"), holder of a 90-year
leasehold for the County owner propertylocated at 2780 SW 2r Avenue (identified by Miami -
Dade County Folio No. 01-4116-117-0010) (the "Property"). On behalf of the Lessee, we
respectfully submit this letter as our request for confirmation that development of the Property is
not subject to the proposed legislation identified by File ID 9385 (the "Proposed Ordinance")
and that, pursuant to Section 33C-8 of the Code of Miami -Dade County, Florida, as amended,
the jurisdiction for regulatory decisions including, but not limited to, zoning and permitting
matters involving the Property continue to be vested in Miami -Dade County (the "County") in
light of the current status of the project as discussed below.
BACKGROUND
The Property is located within the County's Rapid Transit Zone ("RTZ") District for non-
Metromil development located within the City of Miami, and is therefore subject to the County's
jurisdiction for building and zoning approvals pursuant to Section 33C-8 of the County Code. The
Property is located directly adjacent to the Coconut Grove Metromil Station and is owned by the
County's Department of Transportation and Public Works. On December 28, 2015, the County
and the Lessee entered into a 90-year lease agreement for the Property (the "Lease Agreement")
for the purposes of developing a transit oriented, mixed use development in accordance with the
applicable RTZ regulations. See Memorandum of Ground Lease attached as Exhibit 1.
Pursuant to the Lease Agreement, the Lessee worked diligently to obtain the necessary
approvals to develop the Property with a mixed -use development containing ground floor retail
space, upper level residential units and ancillary parking facilities (the "Planned
Improvements"). To date, the Lessee has obtained the necessary site plan and building permit
approvals, procured architectural, construction and engineering plans, hired contractors, paid the
applicable permit fees and has commenced construction of the Planned Improvements at the
Greeabeq, Tmur g, PA. I Anoms,s at Law
333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1305.679.0500 1 F+13055r9V17
.,graw.mm
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Submitted into the public
record for item(s) PZ.4
Honorable Chairwoman and Commissioners on Q3 10 2022, City Clerlc
File ID 9385
March 9, 2022
Property. A list of the following permits and approvals that have been issued in connection with
the Planned Improvements are as follows:
• The Rapid Transit Development Impact Committee (RTDIC) approved the Planned
Improvements and corresponding non-use variances for the Property on February
26, 2020;
• County Waterproofing Building Permit (2021067231) issued on July 22, 2021;
• County Master Building Permit (2021064154) issued July 9, 2021;
• County Fire Sprinkler Building Permit (2021034508) issued March 11, 2021;
• County Electrical Permits (2021014485 and 2021014499) issued December 7,
2020;
• County Plumping Permit (2021010667) issued November 17, 2020;
• County Fencing Permit (2020072450) issued September 15, 2020;
• County Demolition Permit (2020050786) issued June 10, 2020;
• City Plumbing Permit (3D20-026385-001-P001) issued on December 23, 2020;
• City Public Works Permit (PW20002007UP) issued on November 16, 2020;
• City Public Works Permit (PW20000418RW) issued on November 7, 2020;
• City Plumbing Permit (BD20-018784-001-P001) issued on September 16, 2020;
and
• City Public Works Permit (PW20000020DR) issued on June 10, 2020.
LEGAL ANALYSIS
The Lessee has acquired vested rights which require that the development of the Property
remain subject to the laws and regulations in place at the time it obtained the Master Building
Permit. Under Florida law, a party acquires vested rights when he/she (1) in good faith relies (2)
upon some act of government (3) which leads him or her to incur such substantial obligations and
expenses (4) that would make it highly inequitable to interfere with the acquired right. Monroe
County v. Ambrose, 866 So.2d 707 (Fla. 3d DCA 2003); see also Hollywood Beach Hotel Co. v.
City of Hollywood, 329 So. 2d 10 (Fla. 1976). A party who meets the above -mentioned criteria
Greenberg Traurig, P.A. I Attorneys at Law
www.gtlaw.com
Page 2 of 3
Submitted into the public
record for item(s) pZ.4
Honorable Chairwoman and Commissioners on 03110 2022, City Clerl<
File ID 9385
March 9, 2022
may successfully raise the doctrine of equitable estoppel in order to challenge a municipality's
actions. Id.
In the present case, the Lessee relied in good faith on the existing regulations and
assurances provided by the City (through words and deeds),' which was aware of the Lessee's
intent to construct the Planned Improvements, in accordance with the RTZ regulations. Relying
on these assurances, the Lessee has continuously worked to realize its plan for the Property. The
Lessee has invested substantial resources on the proposed development of the Property including
but not limited to architectural and engineering plans, construction drawings and permitting fees,
and has incurred other professional fees and expenses all with the objective of construction the
Planned Improvements pursuant to the RTZ regulations. The Lessee made these investments in
good faith relying on the applicable regulations and corresponding City and County approved
development approvals and building permits.
Accordingly, we respectfully request written confirmation that the jurisdiction for
regulatory decisions including, but not limited to, zoning and permitting matters involving the
Property continue to be vested in the County, unrestricted by the Proposed Ordinance. This letter
is written without prejudice to the Owner and with the express reservation of all of its rights and
remedies. Should you require additional information or have any questions, do not hesitate to
contact me at (305) 579-0737.
Sincerely,
i
C&�'
Iris V. Escarra
Enclosures
' The Planned Improvements were reviewed and approved by the Rapid Transit Developmental Impact Committee
which includes two representatives from the City. page 3 of 3
Greenberg Traurig, P.A. I Attorneys at Law
www.gtlaw.com
Exhibit "1" Submitted into the public CFN: 20160014834 BOOK 29919PRGE 252
record foritem(s)PZ.4 DATE:01/0a/d01611-56:35 AM
on 03110/2022 City Clerk HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Prepared by and return w
AlbertE. WLeon,Jr.,Eequur
Blom Sumberg Been. Price & Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131
MEMORANDUM OF GROUND LEASE
KNOW ALL MEN BY THESE PRESENTS, that on the me day of QeC
2015, the COCONUT GROVE METRORAIL LEASE (the "Lease") was entered into between
Miami -Dade County, through the Miami -Dade Transit Department (the "Landlord") and GRP
GROVE METRO STATION LLC, a Florida limited liability company, (the "Tenant") for certain
property located at the Coconut Grove Metrorail Station, more particularly described below.
Terms not defined in this Memorandum of Ground Lease shall have the meanings ascribed to
them in the Lease. Certain provisions of the Lease are outlined below:
I. Landlord Address: Miami -Dade Transit Department, 701 N.W. 1st Court, Suite 1700,
Miami, FL 33136, Attention: Director, Miami -Dade Transit.
2. Tenant Address: 2977 McFarlane Road, Suite 300, Miami, FL 33133, Attention: Peter
LaPointe, Esquire .
3. Legal Description: See attached Exhibit "A".
4. Commencement Date: January 1, 2016
5. Term: Thirty (30) years commencing on the Commencement Date and shall
automatically renew for two additional terms of thirty (30) years each upon expiration of
the preceding terms, with the third and final term, ending on the date which is ninety (90)
years from the Commencement Date.
6. Replacement and Incorporation: This Memorandum of Ground Lease replaces that
certain memorandum of ground lease recorded February 25, 2003 in Official Records
Book 21053 at page 21 of the Public Records of Miami -Dade County, Florida. Further,
this Memorandum of Lease summarizes certain portions of the Lease. The full Lease is
incorporated unto this instrument by reference. If any conflict exists between the
Memorandum of Lease and the Lease, the terms of the Lease shall control.
7. Resolution: See attached, as Exhibit "B", a copy of Miami -Dade County, Florida
Resolution No. R-1174-15.
[SIGNATURE PAGES FOLLOW]
MIAMI 4859124.1 83 746/46458
Submitted into the public
record for item(s) pZ.4
on 03 10 2022, City Clerk
CFN: 20160014834 BOOK 29919 PAGE 253
IN WITNESS WHEREOF, Landlord has caused this Memorandum of Ground Lease to
be executed in its name as authorized signator, as authorized by the Board of County
Commissioners, and Tenant has caused this Memorandum of Lease to be executed by its duly
authorized representative all on the day and. year first hereinabove written.
MIAMI-DADE COUNTY, a
political subdivision of
the State of Florida
ATTEST:
COMMISSIONERS
HARVEY RU2CL
,,.• •-
.•°CEO � �,�•.,
A, 6.........
By:
UNTY
Signed in the presence of .............
Witnesses as to Miami -Dade County, through the
Miami -Dade Transit Department
Print Name '
Pri t Name: C 4rz d_ -s Fe�rna inA e •z._
Approved as to form and le%gall sufficiency
Print Name: er tx-e L
MIAMI 485 9124.1 81746/4645 8
LANDLORD
BY ITS BOARD OF COUNTY
By:
TENANT
GRP GROVE METRO STATION, LLC,
a Florida limited liability company
By:
Name; Ammzurp
Title; V241.v
Witnesses as to GRP Grove Metro Station, LLC
.. 0-1-
Print,Name
[Notarizations begin on following page]
2
Submitted into the public
record for item(s) p-4
on 03 10 0222/ City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
CFN: 20160014834 BOOK 29919 PAGE 254
The f egoing mstr ment was acknowledged before me this ' day of
2015, by 4 f asof GRP GROVE .
METRO STATION, LLC, a Flor da limited liability company.
Personally Known
Type of Identification Produced
OR Produced Identification C
1- _ A .
Print or Statq5 Ninie:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
MIAMI 4859124.1 81746/46458
3
15•(01_P515i_o
Submitted into the public CFN: 20160014834 BOOK 29919 PAGE 255
record for item(s) PZ.4
on 03 10 2022, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
Tract A as described on the Plat of Coconut Grove Station prepared by the Kaiser
Transit Group in October, 1983, and recorded on the 1 O'b day of September, 1985,
at 3:43 p.m. in. Boole 127 of Plats at Page 85 of the Public Records of Dade
County, Florida.
Note: Tract B not included and not a part.
MIAMI 4859124.1 81746/46458
4
Submitted into the public
record for item(s) pZ.4
on 03 10L022, City Clerk
CFN: 20160014834 BOOK 29919 PAGE 256
Approved Mayor
Veto
Ov=ide
RESOLUTION"NO. R-1174-15
Amended
Agenda Item No. 14(A) (1)
12-15-15
RESOLUTION APPROVING A LEASE AGREEMENT FOR A
TERM OF 90 YEARS BETWEEN MIAMI-DADE COUNTY
AND GRP GROVE METRO STATION, LLC AS AN
ECONOMIC DEVELOPMENT CONVEYANCE UNDER
SECTION 12.5A45, PLORIDA STATUTES; APPROVING A
SETTLEMENT AGREEMENT BETWEEN MIAMI-DADH
COUNTY AND FIRST�CITIZENS BANK AND TRUST
COMPANY; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT
RELATES TO REVIEW BY PLANNING ADVISORYBOARD;
AUTHORIZING THE COUNTY MAYOR OR COUNTY
MAYOR'S .DESIGNEE TO EXECUTE THE LEASE
AGREEMENT AND SETTLEMENT AGREEMENT FOR AND
ON BEHALF OF MIAMI-DADE COUNTY AND TU
EXERCISE ALL RIGHTS CONTAINED 'THEREIN,
INCLUDING ANY RENEWAL .AND TERMINATION
PROVISIONS; DIRECTING THE COUNTY MAYOR OR
COUNTY MAYOR'S DESIGNEE TO PROVIDE A COPY OF
THE LEASE AGREEMENT TO THE PROPERTY APPRAISER
WIt3EI E, AS, Miami -Dade County awns and operates the real property located at 2780
Southwest 27th Avenue, Miami, Florida 33133, which is commonly known as the "Coconut
Grove Metrorail Station," a portion of which the County desires to Iease to a third -party
developer and operator for the development and operation of transit-fxiendly improvements, -
including commercial, retail, and other permitted uses under the Lease Agreement attached to the
County Mayor's memorandwn as Exhibit "A'; and
WHEREAS, in addition to this Board's expectation that the development pursuant to the
attached Lease Agreement will result in enhanced ridership by bus and rail to and from the
Coconut Grove Metrotail Station and ptovxde revenue to Miam!. Dade Transit, for the reasons
outlined in the acc ozxxpanyin.g memorandum, this Board also anticipates that the proposed
development, under the terms agreed to by' the parties, will form an important part of the
Corxnty's plan to provide economic development to the community; and
Exhibit B
Submitted into the public CFN: 20160014834 BOOK 29919 PAGE 257
record for item(s) PZ.4
on 03 10 2022, City Clerk Amended.
Agenda Item No. 14(A) (1)
Page No. 2
WHERE, AS, in order to benefit Miami -Dade Transit as well as the community at large,
this Board wishes to promote economic development at or near Miami -bade Transit facilities
especially large-scale facilities and properties such as the Coconut Grove Motrorail Station; alxd
WIREREAS, this Board finds that the Lease Agreement, in accordance with section.
125.045(3) of the Florida Stat<.ites, "constitutes a public purpose to expend public funds for
economic development activities, including leasing or conveying real property, , , to private
enterprises for the expansion of businesses existing in the community or the attraction of new
businesses to the community", and
WHEREAS, this Board finds that the anticipated economic benefits of the Lease
Agreement would justify the use of the economic development incentives contemplated by
section 125.045, Florida Statutes; and
WHEREAS, through Resolution No, R-269-00, this Board previously approved a lease
agreement for the development and operation of transit -friendly improvements at the Coconut
Grove Metrorail Station. to Coconut Grove Station Development, Ltd. and South Dixie/27, Inc.
(the "Fortner Tenants"), but. the County terminated that lease agreement in 2010, because the
Former Tenants failed to pay rent and develop the property in accordance with the lease
agreement; and
WHEREAS, the .County prevailed in litigation against the Former Tenants, obtaining a
judgment from the Eleventh Judicial Cixcuit, which judgment awarded substantial monetary
damages in the Coumy's favor, denied all. relief sought by the Former Tenants, and declared the
lease agreement to be "termixiated," awarding the County "all right, title and interest in the
property that was the subject of the lease and ... immediate full iiossession. of such property";
and
Exhibit
1 1e,;, 7
Submitted into the public CFN: 20160014834 BOOK 29919 PAGE 258
record for item(s) PZ.4
on 03Lp 202Z, City Clerk Amended
Agenda 1te-n- No*. 14.(A) (1.)
Page No. 3
WHEREAS, notwithstanding the County's successful litigation against the Former
Tenants, which granted the County all rights with respect to the property, a financial institution
claiming to hold a mortgage filed a separate lawsuit suit against the County seeking in excess of
$6.5 million as recompense for damages that financial institution allegedly sustained when. the
County terminated the lease with the Former Tenants, which lawsuit is styled Fins- Citizens Bank
and Trust Company v. Miami -.Dade County, Case No. 14-00805 I-CA-01 (Fla. l lth Jud'1 Circuit)
(the 'Tending Lawsuit"); and
NME PAS, in the Pending Lawsuit the County filed certain claims against the financial
institution, which seek declarations of the County's rights, but no monetary relief in the County's
favor; and
WHEREAS, in the course of the Cowity's defense against the claims raised in the
Pending LawsLdt, GRP Grove Metro Station, LLC (the "Prospective Tenant") expressed an
interest in developing and operating the property previously leased to the Former Tenants on
substantially better financial terms than those reflected in the lease with the Former Tenants; and
VMERE AS, as a condition to the County's entry into the. Lease Agreement, the County
has required that the Prospective Tenant resolve the Pending Lawsuit at no cost to the County;
VaMRE AS, the Prospective Tenant has agreed to offer the necessary inducement to the
plaintiff in the Pending Lawsuit, such that the plaintiff is willing to enter into the Settlement
Agreement and. full Mutual Release attached to the County Mayor's memorandum as Exhibit
IN
NOW, THEREFORE, BE IT kUSOLVED BY TINE BOARD OF COWry
COMMISSIONERS' OF MIAMI-DADS COUNTY, FLORIDA, that: ,
Exhibit B
m
Submitted into the public CFN.: 20160.014834 BOOK 29919 PAGE 259
record for items PZ.4
on 03 10 2022, City Clerk
Amended
Agenda. Item No, 14(A) (1)
Page No.. 4
Section A. The County Mayor's memorandum and the foregoing recitals are
incorporated into this roselufiipn and are approved,
Sectip-P 2. This Board hereby authorizes the conveyance by lease of the portion of the
Coconut Grove lV.Metrorail Station better described in the attached Lease Agreement as an
economic development conveyance under section, 125.045, Florida Statutes and waives
Administrative Order 8-4 as it pertains to review by the Planning Advisory Board,
Section 3, This Board approves and authorizes the County Mayor or County Mayor's
designee to execute the Lease Agreement and Settlement Agreement for and on behalf of Miami
Dade County, to take all actions necessary to effectuate same, and to exercise any termination
and renewal provisions and all other rights contained hi the Lease Agreement,
Section 4. This Board directs the County Mayor or County Mayor's designee to
provide a copy of the Lease Agreement to the Property .Appraiser. -
The foregoing resolution was offered by Commissioner .Xavier L. Suarez
who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa
and upon being put to a vote, the vote was as follows:
lean Monestime, Chairman
aye
Esteban L. Bovo, Jr,, Vice Chairman
aye
Bruno A. Barreiro aye
Daniella Levine Cava
aye
lose, "Pepe" Diaz aye
Audrey M. Edmonson
aye
Sally A. Beynnan aye
Barbara J. Jordan
aye
Dennis C, Moss aye
Rebeca Sosa
aye
,Sen. Javier D. Souto aye
Xavier L, Suarez
aye
Juan C. ,Zapata aye
F.
Exhibit B
Submitted into the public
record for iWT0'(-SjJ7A
on 0�L% ?.f.,C',iiy,Clerk
CFN; 20160014834 BOOK 29919 PAGE 260
Amended
Agenda Item No. 14(A)(1)
Page No. 5
The Chairperson thereupon declared the resolution duly passed and adopted this IP day
of December, 2015. This resolution shall become effective upon the earlier of (1) 10 days after
the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective
only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and
the filing of this approval with the Clerk of the Board.
aQMMSS
tiP + qOn Q
,�, CQUMTY z
Approved by County Attorney as:
to form and legal sufficiency.
Bruce Libhaber
M7AIVII-DADS COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By. 'CAri3t#,pherA'g)q pa
Deputy Clerk
Exhibit B
CFN: 20160014834 BOOK 29919 PAGE 261
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
I, HARVEY RUVIN, Clerk of the Circuit and County Court in and for Miami -
Dade County, Florida and Ex-Officio Clerk of the Board of County Commissioners of
said County, Do Hereby Certify that the above and foregoing is a true and
correct copy of Resolution No. R-1174-15 adopted by said board of County
Commissioners at its meeting held on December 15, 2015, as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 28th day of December, A.D. 2015.
.4caRiaD''�,ti`
HARVEY RUVIN, Clerk
Board of County Commissioners
Miami -Dade County, F rida
By� .
Deputy Clerk
Board of County Commissioners
Miami -Dade County, Florida
i Submittedsinto the; public Exhibit B
t
record for itPm(s) kZ.4
on 03 10 2022, City Clerk