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HomeMy WebLinkAboutR-89-0308J 89-26 3/10/89 RESOLUTION NO.- 897-30h A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE CRUZ DEVELOPMENT AND ASSOCIATES, LTD., IN AN AMOUNT NOT TO EXCEED $150,000 FOR DOCUMENTED EXPENDITURES RELATED TO THE REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND TRASH AND RELATED OPERATIONS ON BLOCK 24N, IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA; FURTHER AUTHORIZING THE CITY MANAGER TO RESERVE THE RIGHT TO AUDIT THE EXPENDITURES INCURRED BY CRUZ DEVELOPMENT AND ASSOCIATES LTD. RELATED TO SAID REIMBURSEMENT; USING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED A TOTAL OF $150,000, FROM 1976 HOUSING GENERAL OBLIGATION BOND FUNDS INTEREST PREVIOUSLY ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PROJECT CIP NO. 322029, INDEX CODE 579103. WHEREAS, in order to enhance the quality of life for the residents of the City of Miami, provide affordable housing in (tt close proximity to the City`s major commercial and employment centers, and promote the strengthening and revitalization of z{ downtown Miami, the City established the Southeast Overtown/Park k West Community Redevelopment Project as a major priority; and g WHEREAS, the City Commission by Resolution No. 82-755 t approved in principle the Southeast Overtown/Park West It Redevelopment Plan; and WHEREAS, the City Commission by Resolution No. 84-893 w '< authorized the City Manager to issue Request for Unified Development Project Proposals for Phase I of the Southeast ; Overtown/Park West Community Redevelopment Project; and n WHEREAS, proposals were received, evaluated and four developers -were selected to develop various types of residential r units and commercial, space on Blocks 24, 37, 45, 46, 55, - and.56 in the Southeast Overtown/Park West Community Redevelopment Project Area; and . WHEREAS, by Resolution No. 87-141, adopted February. 12� i 198.7, the City Commission authorized the execution of a I,e4o Y COWtI} SiO' 4 4'� Y - CIT MAW AAN Development Agreement with Cruz Development and Associates, Ltd. (Developer) for the development of Block 24N, in the Project Area; and WHEREAS, the Lease and Development Agreement for Block 24N was subsequently executed on June 14, 1988; and WHEREAS, said Agreement in Section 2.9. Condition of Leased Property, establishes that the "City shall perform at its dole expense, all necessary relocation, demolition and clearance with ' respect to the Leased Property prior to the Possession Date, so as to be able to deliver a totally cleared site to the Developer on the Possession Date"; and WHEREAS, as a result of illegal dumping, prior to the installation of a fence around Block 24N, construction debris, trash and related material were placed on the site and covered with soil; and WHEREAS, all of this unacceptable material must be removed in order to permit construction to continue on the site; and. WHEREAS; Section 2.9. Condition of Leased Property, of the aforementioned Agreement further establishes that "If the. City fails to perform such relocation, demolition or clearance,, .:the - Developer may, at its option, perform same (it being acknowledged that the Developer shall have no obligation to do.so) and.charge the City therefor or offset the costs thereofagainst. Basic Rental, at the Developer's option."; and WHEREAS, in lieu of offsetting the costs against Basic Rent,.1 the Developer has requested direct reimbursement for the removal and disposal of approximately 8,900 tons of trash,' construction debris and related material and the replacement of approximately' 3,000 cubic yards of fill which must be acquired to replace,ahe ' soil into which the trash has been mixed; andk° WHEREAS, the Developer has estimated the cost of the , aforementioned removal, disposal and related operations to be an amount not to exceed $150,000; and WHEREAS, Staff from Metropolitan Dade County's Department of Fr - Environmental Resources Management has confirmed that whiie,.the'`� material is not a source point of pollution, Xt my+st, 2 YA s appkdprlately disposed of; and WHEREAS, it is in the best interest of the City to permit the Developer to proceed with the removal, disposal and fill replacement operations, thereby avoiding potential delays and duplication of expenditures at the construction site; and At WHEREAS, the development of the Southeast Overtown/Park West Community Redevelopment Projects is a major priority of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to reimburse Cruz Development and Associates, Ltd. in an amount not to exceed $150,000 for the removal and disposal of construction debris and trash, and related operations on Block 24N, in the Southeast Overtown/Park West Community Redevelopment Area. Section 2. The City Manager is hereby authorized to reserve the right to audit the expenditures incurred by Cruz Development and Associates Ltd. related to said reimbursement. Section 3. The City Manager is hereby authorized to use funds therefor, in an amount not to exceed a total of $150,000, from 1976 Housing General Obligation Bond Funds Interest Previously allocated to the Southeast Overtown/Park West Community Redevelopment Project CIP NO. 322029, Index Code sw 579103. Section 4. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 23rd day o M c , 1989. XAVIER L.�SA�Eg, MAYOR ATTES X k MATTY HIRAI, CITY CLERK = y 4 '4 tr 3 ' � w•t Y+J � Kt t � �Y L�v Sr 3 �a -t3-r 1, 3'N�7 F st" 11'Z"�t.✓ � 7 ' JORGE L. FERNANDEZ, CITY ATTORNEY FINANCI EVIEW: Honorable Mayor and Members DATE : ���r T ,, A FILE of the City Commission Vflki► 9 w tsv9 F Cesar.H. Odil City Manager ,:RECOMMENDATION. � ^ti +7 It is .:respectfully recommended that the ,City Commission adop .,- i ,attached resolution authorizing the City Manager to reimburse CI Development, and, Associates,.. Ltd., in an,, amount not to`exc $150,000 for :documented expenditures related to' the reraova. f,! construction •.debris .and trash ..and "related: operations r on Block 2 in_ the: Southeast Overtown/Park West- Community Redevelopment further authorizing the City Manager to reserve the right -:to au the,, expenditures incurred. by ;;Cruz Development and.'Associates ;1 related tb said. reimbursement; using funds. therefor' 'din an am not to exceed a total., of $150, 000, from 1976 Housing;; Genei Obligation Bond ,Funds Interest previously allocated- to �a Southeast. Overtown/Park. West Community Redevelopment' Project ions - No..322029, Index Code 579103. BACKGROUND The Department of Development respectfully, recommends, ;that''the C ' Commission adopt the attached resolution authorizing the {# Manager to reimburse Cruz Development and Associates; Ltd:, .ijt' a!,{, amount.,not to - exceed $150,000 for documented expenditures xela+ to the removal pf construct on debris ansl trash operations. on Block .24N, in the; Southeast'..Overtownjk'atk W� Community..Redevelopment ' Area; further authorizing ;the ;City � to I. :.::tide night to audit: the expendit.ures :incurred y Development and ,Associates Ltd. relayed to said reia�bura ngz: #unds thr@fox in an amount; not to. 00Q, .from .' 197f Aod� ing: General Obj,, giktis�nD s s ve previously . ;allocated to .:the .Southeast OyertownP,arsi '�s` Red@ve�.opmeo PFo ect PIP bT, :, 322029, 'Index yr{ Sy R+solutiQp Noy $7�-,lr ai�?te41 Fab�rlttr�` �., z Commi,asion authoritied Che xacutipn o .'a Dane ar�ci 41 Agree�uent (Lease) . °with Cruz Dove�rolme�t �►nc� AofJO; tr 1 F h • �. � 3 "7`hi•�-{,. Tj. 1 t-i G 1 t14 4 4Z¢�d '"+i 'i is Honorable Mayor and Members of the City Commission Page two (Developer),for the development of Block 24N in the' Southeast Overtown/Park' `West CommunityRedevelopment Area. Included in the Lease, which was executed June"14, 1988, is the commitment tliat the "City shall perform at its sole expense, all necessary relocation, demolitions and clearance with respect to the Leased Property prior -_ to the'"Possession Date, so as to be able to deliver a totally cleared site` -to the Developer on the Possession Date". As a result of illegal dumping, subsequent to the demolition of the. various structures which existed at the time of acquisition, but prior to the installation of the perimeter fence, trash,,, construction debris and. related material were placed. on the site and covered with soil. Staff from Metro-Dade's . Dept*' . of Environmental` Resources Management has confirmed that while this I" material is not- , source point of pollution it must" be disposed of off site.; The. City is attempting to identify, and will pursue ;as I appropriate, those who may have been responsible for the presence of this. material, ;but it must be removed to permit construction,'to ' } continue. ;r The. Lease Agreement between the City and the Developer :establishes= ` `that if "the City fails to perform such relocation,:demolition'., `La _i clearance, the Developer may, at its option, perform same (it being t' r �1 acknowledged that the Developer shall have no obligation to <:do ;sod `x �+ and 'charge the. City ,therefor or offset the costs thereof ' against Basic Rental, at the Developer's option." i The Developer has advised the City that approximately 8,9..0 tons ©f construction debris, trash andrelatedmaterial" must be':,removed from, the site. In addition to this approximately 3,000 cubic yards Of fill must be acquired to replace the . soil. into 'which the trash has been mixed. The estimated cost of this operation,' including the fill, is, $150,000. The Developer has chosen 'to exercise i;ts of option to proceed with the disposal and related:`operations and fi _ ..requested direct reimbursement for:thi`s work, in lieu of ofEsett ns y' the costs against Basic Rent. Delays and , `duplcat;on expenditures related to this. site, work should be minimized by tl}er� Developer's decision to perform these operations. f' �'W Funding to .cover., the cost of. "this work is avail'a#��.e Housing General, Oblig"atlon' : Bond . Funds 'Intere$t Previ'onsl:,to,, the southeast Overtown/Park ;West Community Redey��op�e�t i'rDI+ �£ � `CIP NO. 322029, index Code 519103. reimbursement, the City 'will reserve the right Developer s records r,eiated to this operation ' �iM�;�� r s i77, T •Y Honorable Mayor and Members of the City Commissions. K s Page three MAR- 1 4-09 TUM J 6 :07* UWPT r OP nt=titELOPMENt March 91 1989 Mr Etoib BaileY Assistant -city Manage City'Of Miami Ci;ty� �Mei; i `309 Pa"h American Dri Miami'' Ft. 33133 •Re:- Biscayne view Ap Southeast_Overto. Doar Mr. Baiiley: As you; are aware from the: construction',site large volumes or-unac ;construction debrish throughout a large po Section 2 9 of ;our , ' $hall perform ati."its' cleeranCe with xespec so as to be able to, d P. T*Wwe (Sin "& 001 Fax (6111442.2400 �wrr.�rrr�..rr�..�r.r..rrr.�i Jem S. cm condnWon C.O. Me. Oft Donn Eea SQW . CUX b"NO Pox". Mw6wavmne 02110 e Irtments, Dlock 24 m/park West Community Redevelopment Project t our reeent.:telephone converirsations and your ,14si.t to of the. Biscayne View ,Apartments Pro ject: -one $look 40taale material', including ,trash, rage,, and iva been buried teitbin -title upper.; two ;feet .of ,the soil °` -tion of the block. 9-:and .Development::Agreement indicates) that. the-";Clzx3►; Tole expense,; all,.,necessary,:. relocation, emolitiol wand; :. to the -Leased property prior to: the PosaeBs off-,a�ta, Oliver ;a totally cleared site -to :the;-.DekelA1)eic on}th`;f - -Posses ion Data$." w The Leese also states that if the "City faile_ to perform, each reloce 61" 01 demolition or C1Aaran e, the peveloper may, at •its Option',perf4rts. 6a1110, tit; rt, s being ecknowlec9ged th t the::Developer, shall have no:_ obligation to'A. and charge, the ; CI ty, . ;ersfoie or. ,offset the, costs thereof - isgatast Rentalf, at the novels er-'s:option.". r Chase Construction Co pony, the contractor for the project has estimated Mazy that -approximately .8,,,, go tons of material must be removed form;. the* site. approximately 3,000 c bic yards of fill must be provided to .replace the: T` soil into Which- the t sso, hes: been, mixed., The estimated_ cost ,. of this operation, including emoval, tiransportation, damping, equipment and the Y replacement Lill; is $ s7308. In accordance with th Leese, ire' have Chosen to exercise zhe DQv+slef►+g3�c'%!,;. option to dsapo$s of. he::uneicceptabie materis:i aqd acq>ai�ce'thu Op q lili. ey having' our' onkxacror execute thus. work, delays and `dupl.�J(:ett. of expenditures at,,, t site: should bo, minimi:xed9 i1e -a hereby ri upts xei mbuxsement . ftomm th City,for the costs: aslsoaiated: with this �tork�� �r��; :` A4opaotfuily. tix t (tix .n jj,1 �xt y,y "itI a '�tl n �'�.1 ' Y 1hh :W''Spt, C 9 0 :S3 DEFY- OF neyML-OPMEN7 T. ' March 7, 1989 C Q. Ci4UAh' ... �. )NSTRU011 N Mr. Jo B. Cruz '.:... • J � B • ruz construction CO-, Inc. COMPANY 1 John liot Square Roxbury :,Massachusetts 02119 GENERAL- �JN.T �Tp 3� tIA $ubjec : Biscayne View _Apartments JNsill��.cr1. Miami. Florida MbINNAOERS .� obsite Debris Removal (Revised) 9hn:- �` -►•- ,N submitting .herewith our revised .e$timated .: cost f�tx We are` su 9 • t,...�_ the ''de ris removal at the above referenced.: prn rid debtia ,.. h l ' . • revio sly. 8iscussed, we Must remove 'ail tr89 ath y x , .► t P to revent , further delays ;"to she azit abl f 1 immedi tely P. a nsuiC i �' of the;Bischyne View apartment project`.. Tie11. and re laced with acceptab5 t must` b� removed n P - , 1� Y f.t11 Hill` jamou �� ;.. ► -•� ' 'i We estyimate the BRED ptabletone. u Qn� $`,900,�f tot) i ! . TBOUSAND_ . NINE. HUN 8 900� ;Balled _ P 47 3a �Q antic) steal costs; will aMount .to; , *Jporo�cimate� Y $k a s' includ ng Florida State, Sales Tax and .Bono struction C ►p e to usel a p r`ivate. dump sou rce. Chase C .a small amount - of this debris mill have 'to' e haay ed to the south;,Dede" land f ili at a gTeatet ecpeneez. Wet; -, -! a lanatoxy • of costa which is self-• xP t► j •i• 3 �'» have a tached a summary be On sic► .. !� i We wo ld. suggest -that. 'p►eaD+ aster) l basis which will insure the, best value• 3� w�3rectiion on this `�att�er,*3 ex�edi a the - reqired 'written . i I time i of the essencef t, Sincar 1 Y C. •�;, tiA68 CONSTRUCTION COMPAPIS t' tsQf'yJ i} ud1sY • Mibsed PHmdb► z j-1 j'� i r+Fr .. ► 3 'r• • ; P .� � .�Y.' .•f.2Fy' '`45e .t ♦'P 1 4 _ _ f - /y .y ! 5 h� k`74hi4� },'i�,. � •i 1 F � .: is+��z• T�� Qf•`!f ' r rrY .Chase _r C .':, P#y �, T�{{k� �r�'�sy�� d• tt � � t T • `6„„., uT/y{{y�B .t F f � k ,F�t�yt 7g a� "'C_ r i, :minimal WMEW ®1B122511 um:im moomm .. all 1.511113111 Envitliim,mo'!ililt®Iasi 19, amIlma®I�'.!®11i!!ill1�'®■!■!®lit' 1i1=ti ■0iimigo'E ■'■!l!i!!i!'■ ,■®III I111: 111a ®�.■eaa�r►��®�;�aiaaa/®�i�■■aaalal�/����®n:...._. a �ii�mlillI AgeKalilila/'■atiilME 11111211Magill] _�`..NOT ■�a����r.�ai��aiesaw�i�®®®®a®®a®��caa�� c��a all 11111 !■®/l�i�i'tlii'■/®/i/sl��SHslim p® 11t2t1 , t ti lim■t ltil;m NBillilSl.■t®�®illm Egoism 111,113,21111 ■iilimi!!it!®'ili�l/ti■ii�■�lOSH=. �1�®11 titill E ..�:.•. c... >'ii//®ii®�i■■'■i,iiii!';®O�>ii!!ililli t_.�,�,l'illitmail ■'liimim®�!■i!■!f!!i'Ol'�®!■iitl/ll,�f■/■11,�1 �1iiil ,� . , ... � ■/1/Oii®■®■!®'11�!■,■� NUMBER miiV747PT!. ;■■ilmi®!!®�®llli!/!'®®!■,limil� �■Saiill dill ■i11i!!■■!■lm/,ti■,itAi■/®i®tii!®�!■!®®iittt '�ii iti ■mllmli■!®11i,/ll��Sltli/ ! ti11� ■®'■!!l!!!■`!■;!!!i/'�i■ ■■'/ it lii;®Il �!!1/®li■�,�'■litml/!'�8■�®liiml!■,® ®illli/li/Ilmtili� ■ii1llml�■IS®/ii/lilt:®■�■llimli�t'® oil Kill 01 1i11111 l/miimit■i®!■.tlililill;■■lllUml/!■� �ii3lii! �ai3lti� ■llllilt!®''�/llilii®iilli�ii111111121111111 ■/lttim®■®!lim/lil:®■ Olit�l®smug OW ftt®siaa!'WON �3i3tt ' ;ill/mjl®!i!� al/l!l!'■■Iislii/l®:®� ®lli'iil,litiii �lltimlm®■®■iitim/!ice®!■lii®llH !�®1ltii !Kill �■milmll®'®�I Iflillli■i■li�!!!�®lltf ■i■ ®iiliil itlil ',■liimimlii®i■1imlli■i®®�®llisll®,!■ssi1�il��iilii!' ■leii!!■l�®■iml.imt■ �■f;■i/!!$i�■■lliilitltllti�t ■mmliim®i®®I,lmiimill�;■mai,il�'® ,�tltlilal.■litill ■1e1m/®�A!I■■i�ilili:l��■,■®ii�/m!;!®l�taiaill .�aaa ilialS!■�'®�<llilil!'�!`vg/t■1®®i■mil/liil!! ■il1l! siiimim�:!■:giltilll�!■�■lilmlm�Im�I��iiillti iltm! ■!®lmiY®,■■i.■lii/Bil■tl■ mill11 Slow®i, iii!'■ill I is ��1Li,mtm�a!11111��i11'm1i®i�Imi■11illl ;■lmti