HomeMy WebLinkAboutR-87-07774N
't-8` -790
8/21/87
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENbMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, TO THE DEVELOPMENT AGREEMENT
FOR THE DOWNTOWN D.R.I. BY AND AMONG THE
CITY OF MIAMI, THE CITY OF MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY AND THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the City of Miami, the City of Miami Downtown
Development Authority and the State of Florida, Department of
Community Affairs entered into an Agreement on the 28th day of
June, 1985; and
WHEREAS, pursuant to the Retail Lease and Parking Garage
Lease Agreements dated January 14, 1985, the City is leasing a
total of 24.3 acres of City owned property in and adjacent to
Bayfront Park to Bayside Center Limited Partnership, a Maryland
limited partnership, for the development and operation of Bayside
Specialty Center and Parking Garage; and
WHEREAS, on April 8, 1987, the Bayside Specialty Center and
Parking Garage comprised of + 200,000 square feet of new retail
commercial, + 35,000 square feet of rehabilitated restaurant
space and the Parking Garage with approximately 1,200 parking
spaces opened to the public; and
WHEREAS, the City, through the Bayfront Park Redevelopment
Project, is carrying out certain improvements throughout the
entire + 20 acre site, which include in the north end of the
park, the construction of an outdoor amphitheater with 3,000
permanent spectator seats, informal seating on adjacent lawn
areas for up to 7,000 spectators, a stage and ancillary
facilities; and
WHEREAS, pursuant to the Agreement, the City of Miami
Downtown Development Authority prepared and timely filed an
Application for Development Approval for the City of Miami
Downtown D.R,I., pursuant to Section 380.06(21), Florida Statute;
and
CITY COMMISSION
MEETING OF
SEP 8 1987
7' 707
ESOLUTION No.
WNW AS, pursuant to the Agreement, the City of Miami
Downtown Development Authority has timely filed the Application
for Development Approval with the South Florida Regional planning
Council; and
WHEREAS, the Agreement provides that the City of Miami may
construct the Amphitheater pursuant to the plan for the Bayfront
Park Redevelopment Project, but shall not operate the
Amphitheater or allow it to be operated prior to issuance of a
Final Development Order, in accordance with and as defined in the
Agreement ("Final Development Order"); and
WHEREAS, in accordance with the Agreement, construction of
the Amphitheater and related site improvements are underway,
however, completion of the Amphitheater may not occur prior to
issuance of the Final Development Order; and
WHEREAS, the City is undergoing the process of issuing the
Final Development Order, as required by the Agreement, but due to
rescheduling and administrative changes within relevant reviewing
departments and authorities, the Final Development Order has not
yet been issued; and
WHEREAS, the parties wish to amend Paranranh 3 of the
Agreement, to allow the City to operate or cause to be operated
the Amphitheater prior to the issuance of the Final Development
Order, for up to six months after issuance of a Certificate of
Occupancy or Use, or similar certificate designating completion
of construction; and
WHEREAS, the early use and operation of the Amphitheater,
which is an essential catalyst in the Bayfront Park Redevelopment
Project, will have a positive impact on the tourist and
entertainment economics of the City and the region; and
WHEREAS, the operation of the Amphitheater and the ongoing
commercial and recreational attractions at Bayside Specialty
Center will stimulate the economy in the City of Miami and thus
encourage additional private investment particularly in Downtown
Miami;
NOW THEREFORE, RC IT RESOLVED RY THE COMMISSION OF THE CITY
OP MIAMI, FLORIDA:
Section 1. the City Manager is hereby authorited to execute
an Amendment, in substantially the form attached, to the
Development Agreement for the Downtown D.R.T. with the City of
Miami Downtown Development Authority and the State of Florida
Department of Community Affairs.
i
PASSED AND ADOPTED this 8th day of September 1987.
TR
SUAUn, MAY
ATTEST:
J
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PREPARED AND APPROVED BY:
.1 /-111/
TrRTAM— „ -off
APPROV ,'AS TO FORM AND CORRECTNESS:
r•
ITY ATTORNEY
—3— 87-7 1
AMENDMENT TO AGREEMM
This Amendment to Agreement is Made and entered into
this � day of n--__ __._.,_�, 1987, by and among the City of Miami,
a municipal corporation thereinafter "the CITY") , the City of
Miami Downtown Development Authority, an authority Created
pursuant to Chapter 6S-1000 of the general laws of the State of
Florida and Section 14-25 of the City of Miami Code (hereinafter
"the AUTHORITY"), the Department of Community Affairs of the
State of Florida thereinafter "the DEPARTMENT") and Rayside
Center Limited Partnership (hereinafter "the PARTNERSHIP").
WITNESSETH:
WHEREAS, the CITY is the owner of the real property
known as "Bayfront Park", a portion of which is legally described
on Exhibit A, attached hereto and incorporated herein by
reference; and
WHEREAS, the City of Miami, the City of Miami Downtown
Development Author ity.-_-and_-the. -State of Florida, ._Departmen_Qf
Community Affairs entered into an Agreement on the 28th day of
June__,_ 19$5-1_and-
WHEREAS, _pursuant_ to the. Retail, Lease_ and._�ParkincL
Garage Lease Agreements._ dated_ -._January.__ ���-_ �985�-__the CITY is
leasing a total of 24.3 acres of CITY owned property in .and
adj.#cent..to Bayfront Park to Bayside Center Limited Partnership,
a Ma Kyland limited partnership, for the development and operation
rof Bayside Spec ialty-Center and Parking Garage; and
i WHEREAS, on _aril. 8, 1987, the BaysideecialtyyCenter
and Parking __Gara _jppTprised of ±_.200,000 square feet of new
retail commercial, �35_y000_ square_, -feet „_ of..__ ehabilitated
restaurant space and the Parkin_ Garage with approximately 1,2200
arp king spaces_ opened_to the �publi_ and
Hn�T EREAS,_-,__ the CITY, through _the_ Bayf ront� Park
Redevelopment __Proj.ect.t.__is carrying out certain iTprovements
tthrQUghgUt._.th._ entire., ± 2,0� acre. site, which include in the .north
rg Ci�gf�the park, -the construction of an outdoor amphitheater -with
3,000 permanent....spectator- seats, in£prmal ._ seating.:-_ on adjac� .t
lawn area§ tot up to 7#000 aptetatomt a stage and ancillary
I-A-Rklitier- - (_the -,"AM ph.itheater11)and
WHEREAS# pursuant to the Agreement the At
Pfe!PtOd and timely filed an Application for Development Approval
("ADA") for the City of Miami Downtown Dg1g, pursuant to Section
380.06(21)# Florida Statute; and
WHEREASt pursuant to the Agreement, the AUTHORITY has
timely filed the Application for Development Approval with the
South Florida Regional Planning Council; and
WHtRtASt the Agreement provides that the CITY may
construct the Amphitheater pursuant to the plan for the "Bayfront
Park Redevelopment Project" but shall not operate the
Amphitheater or allow it to be operated prior to issuance of a
Final Development Order in accordance with and as defined in the
Agreement ("Final Development Order"); and
WHEREAS, pursuant to the Agreement, construction and
is
site improvements of the Amphitheater are underway, and
li completion of the Amphitheater shall occur prior to issuance of
the Final Development Order; and
WHEREAS, the CITY is undergoing the process of issuing
the Final Development Order as required by the Agreement, but due
to rescheduling and administrative changes within relevant
reviewing departments and authorities, the Final Development
Order has not yet been issued; and
WHEREAS, the parties wish to amend Paragraph 3 of the
Agreement, by execution of this Amendment to Agreement to allow
the City to operate or cause to be operated the* Amphitheater
prior to the issuance of the Final Development Order for up to
six months after issuance of a certificate of occupancy or use or
similar certificate designating completion of construction
(hereinafter the "Certificate"); and
WHEREAS, the early use and operation of the
Amphitheater, which is an essential catalyst in the Bayfront Park
----------- 4ft"
Red
evelopment Project,,, will have a positive impact on the tourist
and entertainment economics of the City and the region; and
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817-0777'
WHER S# the operation of the Amphitheater and the
mein, _—coffnercial and recreational attractions at au
SWpcialty Center, Will stimulate the economy of the City of Miami
and thus encourage additional private investment, particularly in
Downtown Miami.
NOW THEREPORE, the DEPARTMENT finds that this Amendment
to Agreement is in the interest of the State, is necessary and
beneficial to the DEPARTMENT, and reasonably applies and
effectuates the provisions and intent of Chapter 380, Florida
Statutes. The CITY, the AUTiiORITY, the DEPARTMENT and the
PARTNERSHIP agree as follows:
1. Paragraph 3 of the Agreement shall be amended to
permit the CITY to operate the Amphitheater or allow it to be
operated prior to issuance of the Final Development Order, upon
the issuance of a certificate of occupancy or use or similar
certificate designating completion of construction (the
"Certificate") of the Amphitheater, for up to six months from the
date of issuance of the Certificate.
2. The CITY agrees that in the event the Final
Development Order is not issued within six months of receipt by
the CITY of the Certificate for the Amphitheater, the CITY shall
suspend indefinitely any and all use of the Amphitheater until
such Final Development Order is issued.
3. This Amendment to Agreement and all obligations
pursuant to it, unless otherwise expressly provided herein, shall
terminate upon issuance of a non -contested Final Development
Order, or if appealed, upon resolution of the appeal.
4. The CITY shall record this Amendment to Agreement
in the Public Records of Dade County, Florida and shall provide
the DEPARTMENT with a copy of the recorded Agreement within two
weeks of execution of this Agreement.
5. All other terms, conditions, covenants and
promises in the Agreement executed by the parties on the 28th day
of June, 1985, shall remain in full force and effect.
-- 3
87-771
A "%'
4-1
S. Nothing in this Afftendtent to Agreement mdifiag or
otherwise aEEtct§ the rights and obligations of the PARTNERSHIP
with respect to the Baytide Specialty Center and Parking Garages
pursuant to the Agreement executed by the parties on the 28th day
OE ,dune, 1985,
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By: Thomas Pelham
2571 Executive Center Circlet E.
'Tallahassee, Florida 32301-8244
Witness: Date:
Witness: Date:
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87-77Y
V,
The fbre§oih§ insttuM#fit was acknowiedged before pie
this � , , day of _ 1987 by Thous Pelham of the
Department of Cottnunity Affairsp an agency of the State of
Florida# on behalf of the DEPARTMENT:
(impress official seal)
My commission expires:
Witnesst
Witness:
Notary Publio, State of Florida
DOWNTOWN bVELOPMENT AUTHORITY
By:. _
Roy F. Kenzie
Executive Director
Date:
Date:
The foregoing instrument was acknowledged before me
this day of , 1987, by Roy F. Kenzie, Executive
Director of the Downtown Development Authority.
(impress official seal)
My Commission expires:
ATTEST:
CITY CLERK
Witness:
Witness:
Notary Public, State of Florida
By:
Cesar Odio
City Manager
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
Date:
Date:
The foregoing instrument was acknowledged before me
this day of , 1987, by Cesar Odio, CITY Manager
of the CITY of Miami, on behalf of the CITY.
(impress official seal)
Notary Public, State of Florida
My commission expires:
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Im
8 7- 77` 1
Witness:
Witness:
Attest:
SAySiDS UNTSR LIMI TO
PARTNERSHiP #
a Maryland Limited partnership
8y: ROUgE-MiAMI, INC. # General
Partner
By: _ --
Date:
Date:
Date:
The foregoing instrument was acknowledged before me
this day of , 1987, by of Rouse -Miami, Inc.,
General Partner of Bayside Center Limited Partnership.
(impress official seal)
Notary Public, State of Maryland
My commission expires:
APPROVED AS TO FORM AND CORRECTNESS:
CITY OF MIAMI
LUCIA A. DOUGHERTY
CITY Attorney
APPROVED AS TO FORM AND CORRECTNESS:
DEPARTMENT OF COMMUNITY AFFAIRS
General Counsel
SCA0141
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N7 - 7 7
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b!" OP MIAIVII, PL€ RIbA
17
INTEP14PPICR MEMORANDUM
re. Honorable Mayor and Members bAtts W
of the City Commission a'ol.r `�
subAct. Resolution Authorizing the
City Manager to execute an
Amendment to the Development
�i�oM: aE�EaENcEs Agreement for the Downtown D.I.
Cesar W. Odio For City Commission Meeting
City Manager ENCLOsUkEs: of September 8, 1987
Resolution Amendment
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
Amendment, in substantially the form attached, to the Development
Agreement with the City of Miami, the City of Miami Downtown
Development Authority and the State of Florida Department of
Community Affairs, for the City of Miami Downtown D.R.I.
BACKGROUND:
The Department of Development recommends that the City Commission
adopt the attached resolution authorizing the City Manager to
execute an Amendment, in substantially the form attached, to the
Development Agreement with the City, the Downtown Development
Authority (D.D.A..) and the State of Florida, Department of
Community Affairs. On June 28, 1985 the City, D.D.A. and the
Florida Department of Community Affairs entered into an agreement
under which Bayside Specialty Center and Parking Garage would be
developed, the City would proceed with the construction of the
Amphitheater and overall Redevelopment of Bayfront Park, and the
D.D.A. would file an Application for Development Approval for the
City of Miami's Downtown D.R.I., pursuant to Section 380.06 (21)
of the Florida Statutes.
While the Application for Development Approval has been filed,
Bayside Specialty Center and Parking Garage are open and
construction of the Amphitheater and the Park are underway, the
Agreement currently precludes operation of the Amphitheater prior
to issuance of the Final Development Order. In that the process
of issuing the Final Development Order is currently underway, but
it is not yet in hand, this Amendment seeks to allow for
operation of the Amphitheater for up to six months during which
time it is anticipated that the Final Development Order will be
issued.
Honorable Mayor and Members
of the City Commission
Page two
It is therefore recommended that this item be consi Berea at the
City Commission Meeting of September 8, 1987.
Attachments
Resolution
Amendment
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