HomeMy WebLinkAboutR-87-0665J-87-592
6/26/87
M
RESOLUTION NO . ��w " +►
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A PRELIMINARY DEVELOPMENT
AGREEMENT (PDA) WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
(DCA), IN SUBSTANTIALLY THE FORM
ATTACHED, FOR THE DEVELOPMENT OF
PHASE I OF THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT; SAID RESOLUTION
SUPERSEDING A PRIOR AUTHORIZATION
AS REFLECTED IN RESOLUTION NO. 87-
373 ADOPTED APRIL 30, 1987.
WHEREAS, by agreement with the Florida Department of
Community Affairs dated June 24, 1985, as amended, the City,
through the Downtown Development Authority (DDA), committed
itself to submit an Application for Development Approval (ADA)
for Downtown Miami as a Development of Regional Impact (DRI)
pursuant to Section 380.06(21), Florida Statutes; and
WHEREAS, said agreement was entered into to expedite the
development of the Bayside Specialty Center and the Bayfront Park
Redevelopment projects; and
WHEREAS, by Resolution No. 86-622 the City Commission
authorized the preparation of an ADA for the Southeast
Overtown/Park West Redevelopment Project inasmuch as the Park
West portion of the Project area lies within DDA boundaries; and
WHEREAS, by Resolution No. 87-90 the City Commission
approved the transmittal of the ADA for the Southeast
Overtown/Park West Redevelopment Project DRI to the South Florida
Regional Planning Council; and
WHEREAS, selected Phase I developers (Resolution No. 85-393)
of the Southeast Overtown/Park West Redevelopment Project are
ready to commence construction; and
WHEREAS, Florida Statutes, 380.06(8) requires that a
Preliminary Development Agreement (PDA) be entered into with the
Florida Department of Community Affairs to allow construction to
begin prior to the issuance of a Development Order under the ADA
for the Southeast Overtown/Park West DRI;
CITY CommlSSI��i'd �._.� MEETING Ci'
JUL 9 IF-0
` RESOLUTION No.
�����_ REMARKS:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized and
directed to execute a Preliminary Development Agreement with the
Florida Department of Community Affairs, in substantially the
form attached, for the development of Phase I of the Southeast
Overtown/Park West Redevelopment Project.
Section 2. This Resolution supersedes a prior authorization
as reflected in Resolution No. 87-373 adopted April 30, 1987.
PASSED AND ADOPTED THIS 9th d of Jul-X 1987.
AVIER L. SUA , MAYOR
ATTEST
MATTY HIRAI, CIT RK
PREPARED AND APPROVED BY:
-r�' t-� 1/ . 6?r6rt,
:T F. CLARK, CHIEF DE!
APPROVF,E' AP TO FORM AND CORRECTNESS:
, CITY ATTORNEY
Page No. 2
PRELIMINARY DEVELOPMENT AGREEMENT
FOR SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT PROJECT
This Agreement is entered into between the City of
Miami ("Owner"), Cruz Development Company, Can -American Realty
Corporation/Northport, Indian River Investments of Miami Inc.,
and Circa/Harness/Sawyer ("Developers") and the State of Florida,
Department of Community Affairs ("Department") subject to all
other governmental approvals and solely at the Owner's and
Developers' own risk.
WHEREAS, the Department is the state land planning
agencyhaving the g power and duty to exercise general supervision
of the administration and enforcement of Chapter 380, Florida
Statutes, which includes provisions relating to developments of
regional impact (DRI); and
WHEREAS, the Department is authorized to enter into
preliminary development agreements pursuant to Subsection
380.06(8), Florida Statutes (1985), and Rule 9J-2.0185, Florida
Administrative Code; and
WHEREAS, the Owner is a Florida municipal corporation,
which owns in fee simple the portions of Blocks 24, 37, 46 and
55, located in Miami, Dade County, Florida, more particularly
described in Exhibit "A" to this Agreement; and
WHEREAS, the Owner and Developer state that:
A. Developer, Cruz Development Company is a General
Partnership; Developer, Can -American Realty Corporation/Northport
is a Minnesota corporation; Developer,. Indian River Investments
of Miami, Inc., is a Florida corporation; Developer,
Circa/Barness/Sawyer is a General Partnership; and the' -Developers
I� propose to construct the first phase of a project known as the
,j "Southeast Overtown/Park. West Community Redevelopment Project"
hereinafter referred to as "the Project"; and
S. The Project entails the redevelopment of 200 acres
of prime real estate adjacent to the Miami Central Business
District, more particularly described' in Exhibit "H" to this
Agreement; and
= I
C. The redevelopment effort for new residential units
and commercial space is scheduled to Occur in three phases to be
completed in the year 2005 and is intended to transform a
presently blighted, under-utilized land area into a socially and
economically integrated Community by providing a total of
1,003,500 square feet of office space, 1940-100 square feet of
retail/service space, 1100 hotel rooms, 9000 residential units
and 600,000 square feet for a convention center; and
D. The Project location is now within a two hundred
(200) acre neighborhood declared a blighted area pursuant to
Section 163.360, Florida Statutes, which Owner is endeavoring to
transform into an integral component of the Miami central
business district; private and public investment in this area is
essential to this transformation; and
E. Construction of the Phase I residential units and
commercial space of the Project, scheduled to occur between 1986
and 1992, will be a major public and private capital investment
in the redevelopment of Southeast Overtown/Park West, thus its
construction is intended to encourage investor confidence in this
area; and
F. The City has selected the Developers and
development programs based upon the qualifications and experience
of the Developers in designing, developing, building and
operating other residential units and commercial space throughout
the United States, as well as the financial benefits which the
City will enjoy as a result of the business plan proposed by
these Developers; and
G. The Southeast Overtown/Park West Redevelopment
Project Master Plan was approved by the City of Miami Commission
and the Board of County Commissioners for Dade County; and
H. Early construction of the residential units,
retail space and office space will have a significant positive
financial impact upon the City of Miami and the region, to wit:
(1) the development is an essential element and major capital •
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investment in the redevelopment of the Southeast Overtown/Park
West Community Redevelopment Project and early development will
significantly enhance the Project's success by encouraging
investor confidence in the Project and in this area. and (2)
construction of the Miami Arena is currently under way and
development of the residential units and commercial space which
comports with the Miami Arena construction schedule will have a
positive impact on the tourist, hotel and entertainment economies
of the City and the region; and
I. The Downtown DRI for the Project, which shall
assess all the impacts associated with the entire development of
the Project, including the preliminary development authorized by
this Agreement, was filed in February, 1987; and
J. The Developers propose to develop approximately
1020 residential units with up to 40,000 square feet of
commercial space, parking and ancillary facilities, of the
Southeast Overtown/Park West Community Redevelopment Project,
prior to issuance of a final development order; and
K. Owner shall pay, or cause to be paid, any and all
impact fees or exactions required by the development order which
derive from the development authorized by this Agreement; and
L. Owner has determined that the portions of the
Blocks referred to in Exhibit A, which Developers propose to
develop shall not impact any known archeological site or
historical site; and
M. The South Florida Regional Planning Council staff
has examined the proposal and has advised the parties that the
proposed preliminary development is not likely to cause material
adverse impacts to regional resources or planned facilities; and
N. Developers and Owner do have other unrelated
interests in land and developments within a five (5) mile radius
of the Project; and
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NOW, THEREFORE, it is understood and agreed:
1. The Developers and Owner assert and warrant that
all the representations and statements concerning the Project
made to the Department contained in this Agreement are true,
accurate, and correct. Based upon said representations and
statements, the Department concludes that this Agreement is in
the best interest of the State, is necessary and beneficial to
the Department in its role as the state agency with the
responsibility for the administration and enforcement of Chapter
380, Florida Statutes, and reasonably applies and effectuates the
provisions and intent of Chapter 380, Florida Statutes.
2. The Project is a development of regional impact as
defined by Section 380.06, Florida Statutes. The Owner and
Developers have filed a Downtown ORI Application for Development
Approval pursuant to Section 380.06(22), Florida Statutes.
3. Time is of the essence. Failure to diligently
proceed in good faith to obtain a final development order shall
constitute a breach of this Agreement. In the event of such a
breach, the Developers and Owner shall immediately cease all
development of the Project, including the preliminary development
authorized by this Agreement.
4. The Developers may undertake the following
preliminary development of the total approved Project, after the
date of execution of this Agreement and prior to issuance of a
final Downtown DRI development order:
4 _
C,
Number of
Number of Hous'-g Units
Sq. Ft.
Narrative
Housing
Units
Reserved for L. to
Moderate Income Households
Commercial Pa. Ang
Space Space
Developer
Block
Description
Cruz
24
Seventy (70) lowrise units
466
70
23,000 463
Development
with walkup; sixty-six (66)
Company
lowrise units with elevator;
three hundred twenty (320)
units in highrise;swimming
pool.
Can-
37
Two (2) residential towers,
356
53
0 470
American
21 and 16 stories respec-
Realty
tively; two (2) pools, two
Corporation/
(2) tennis courts and
Northport
covered parking structure.
Indian River
46
Three 4-story buildings
28
Primary financing shall be avail-
able from single family mortgage
0 28
Investments
containing 12, 8 and 8
units, respectively.
revenue bonds and second mortgage
of Miami, Inc.
financing shall be available
through Dade County surtax pro-
gram. Conceptually, one hundred
percent (100%) of the units may
be sold to low and moderate income
households depending on whether
the buyers take advantage of
the financing programs available.
Circa/
55
One 13-story midrise apart-
164
25
I3,300 l8I
Barness/
ment building including
13,300 sq. ft. of commercial
Sawyer
space; two.3-story apartment
buildings; enclosed parking
.•�
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structure and swimming pool.
1014 176* 36,300 1,142
TOTAL
P,(Assuming one hundred percent (1001),or (28 Units) of Indian River buyers take advantage of the Financing programs
available.)
61
5. The Developers may complete construction and allow
occupancy and use of all of the approved residential units,
square feet of commercial space, and parking space, set forth in
i
Paragraph 4 of this Agreement, prior to issuance of a final
development order.
6. Owner shall pay, or cause to be j p y paid, any and all
impact fees or exactions required by the downtown DRI development
i
order which derive from the development authorized by this
Agreement.
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7. Developers and Owner may continue in other
I
unrelated developments, outside of the area described in Exhibit
A, which are within a five (5) mile radius of the Project.
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` 8. The preliminary development authorized by this
Agreement is more than 25% and less than 80% of any applicable
numerical guideline and standard as set forth in Subsection
380.06(2), Florida Statutes (1985). The Developers have
demonstrated that the preliminary development is in the best
interest of the State and local government in that early
construction will have a positive impact because:
(a) The Project is in a designated blighted area
and redevelopment of blighted areas is a matter of local and
state policy and concern and is to be promoted in an effort to
eliminate such areas pursuant to Section 163.335, Florida
Statutes;
(b) The Project will (i) facilitate the removal
of blight which tarnishes the image and reputation of the
surrounding community and reduces the desirability of the
community as a place to visit and live; (ii) 'induce private
sector investment in the revitalization of a slum and blighted
area by creating a commercially viable area for residents to live
and work;
(c) The Project provides economic benefits in
jobs and salaries by establishing a minority participation
program for construction contracting and employment which is
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consistent with the Minority Participation Criteria for
i�
Redevelopment in Southeast Overtown/Park West, Section J of the
Southeast Overtown/Park hest Redevelopment Plan.
a
9. The Developers and Owner shall not claim vested
rights, or assert equitable estoppel, arising from this Agreement
i
or any expenditures or actions taken in reliance on this Agree-
ment to continue with the total proposed development beyond the
preliminary development authorized herein. This Agreement shall
not entitle the Developers or the Owner to a final development
order approving the total proposed development nor to particular
l
conditions in a final development order.
10. In the event of a breach of this Agreement or
failure to comply with any condition of this Agreement, or if
this Agreement is based upon materially inaccurate information,
the Department may terminate this Agreement or file suit to
enforce this Agreement as provided in Sections 380.06 and 380.11,
Florida Statutes, including a suit to enjoin all development.
The prevailing party of any administrative or judicial
proceedings shall be entitled to an award of reasonable attorneys
fees and costs.
11. Nothing in this Agreement shall constitute a
waiver by any party of the right to appeal any development order
pursuant to Section 380.07, Florida Statutes.
12. The restrictions and conditions of the final
f development order issued pursuant to Chapter 380, Florida
Statutes, shall supersede the restrictions and conditions upon
development contained in this Agreement, if any.
13. This Agreement affects the rights and obligations
of the parties under Chapter 380, Florida Statutes. It is not
intended to determine or influence the authority or decisions of
any other state or local government or agency in issuance of any
other permits or approvals which might be required by state law
or local ordinance for any development authorized by this Agree-
ment. This Agreement shall not prohibit the regional planning
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agency from reviewing or commenting on any regional issue that
the regional agency determines should be included in the regional
agency's report on the ADA.
14. The terms and conditions of this AcreemLmnt -Qra>>
inure to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the parties hereto.
The Developers and Owner shall ensure and provide that any
successor in interest in and to any lands or parcels affected by
this Agreement is bound by the terms of this Agreement. The
Developers shall record this Agreement in the Official Records of
Dade County, Florida, and shall provide the Department with a
copy of the recorded Agreement including Book and Page number
within two (2) weeks of the date of execution of this Agreement.
15. Owner and the Department acknowledge and agree
that the Project will be considered an existing development in
the City's processing and approval of the Downtown DRI for the
City of Miami.
16. The rights and obligations of the parties hereto
shall inure to the benefit of and shall be binding upon the
successors and assigns of the parties.
17. The date of execution of this agreement shall be
the date that the last party signs and acknowledges this
Agreement.
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF )
DEVELOPER
CRUZ DEVELOPMENT COMPANY
By:
General Partner
The foregoing instrument was acknowledged before me
this day of , 1987, by
of CRUZ DEVELOPMENT COMPANY, a General Partnership.
NOTARY PUBLIC
(SEAL) STATE OF FLORIDA AT LARGE
My Commission Expires:
8
Witnesses: DEVELOPER
CAN-AMERICAN REALTY
CORPORATION/NORTHPORT
BY:
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was. acknowledged before me
this day of , 1987, by
of CAN-AMERICAN REALTY/NORTHPORT, a Minnesota corporation.
NOTARY PUBLIC
(SEAL) STATE OF FLORIDA AT LARGE
My Commission Expires:
Witnesses:
STATE OF FLORIDA
DEVELOPER
INDIAN RIVER INVESTMENTS OF
MIAMI, INC.
BY:
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me
this day of , 1987, by
of INDIAN RIVER INVESTMENTS OF MIAMI, INC., a Florida
corporation.
NOTARY PUBLIC
(SEAL) STATE OF FLORIDA AT LARGE
My Commission Expires:
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1
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Witnesses:
STATE OF FLORIDA
DEVELOPER
CIRCA/BARNESS/SAWYER
By:
General Partner
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me
this day of , 1987, by
of CIRCA/BARNESS/SAWYER, a General Partnership.
(SEAL)
My Commission Expires:
Witnesses:
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
OWNER
CITY OF MIAMI
By:
CESAR ODIO, City Manager
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me
this day of , 1987, by CESAR ODIO, City Manager
of the CITY OF MIAMI, a Florida municipal corporation.
(SEAL)
My Commission Expires:
APPROVED AS TO FORM AND
CORRECTNESS:
CITY OF MIAMI
LUCIA A. DOUGHERTY
j City Attorney
r
10 -
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
0
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
DEPARTMENT OF COMMUNITY
AFFAIRS
General Counsel
Witness:
Witness:
DEPARTMENT OF COMMUNITY
AFFAIRS
2571 Executive Center
Circle, E.
Tallahassee, FL 32301-8244
STATE OF FLORIDA )
) SS: .
COUNTY OF LEON )
The foregoing instrument was acknowledged before me
this day of , 198_, by
of the Department of Community Affairs, an
agency of the state of Florida, on behalf of the Department.
(SEAL)
My Commission Expires:
SCA0137
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
S 7 -r �•; t I-S
12
EXHIBIT A
Block:
24
Legal
Description:
Block 24N, Lots
1-24,
Miami
(A.L.
Knowlton) 9-41.
Block:
37
Legal
Description:
Block 37N, Lots
1-24,
Miami
(A. L.
Knowlton), B-41.
Block:
46
Legal
Description:
Block 46N, Lots
1-20,
Miami
(A. L.
Knowlton)v B-41.
Block:
55
Legal
Description:
Block 55N, Lots
1-20,
Miami
(A. L.
r
Knowlton), B-41.
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46
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c-nvi-rpvr44ZT n1ff=RTnWN/PARK WEST PHASE I REDEVELOPMENT AREA
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PROJECT LEGAL DESCRIPTION
The Southeast OvertDwn/Park hest COmMunity Redevelopment Protect
area boundaries are N.W.• Sth Streit on the south, 2-9$ on the
west, 2-395 on the north, and Biscayne Boulevard on the east (see
Maps A-1 and A-2); or
Beginning at a point at the intersection of the center line of
N.E. Sth Street; thence west on the center line on N.E. Sth
Street (and N-W• Sth Street) to the east ROW line of 2-9S; thence
northwesterly on the east Row line of i-9S to the south ROW line
of 2-395; thence easterly on the south ROW line of 2-395 to the
center line of Biscayne Boulevards thence southerly on the center
line of Biscayne Boulevard to the point of beginning, comprising
4 209.38 acres more or less; or
Blocks 2N, 3N, 4N, SN, GN, 7N, 14N, 15N, 17N, 18N, 19N, 20N, 21N,
22N, 23N, 24N, 25N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 42N,
43N8 44N, 45N, 55N, SGN, 57N, 38N, 59N, 60N, 61N, 62N, 65N, GSE,
66N, a portion of 27N, and all existing street rights-cfway
► %ween said blocks; Section 37, Township 53 South, Range 41
L-4t, A.L. Knowlton Map of Miami (8-41); and Blocks 7, Be 9, 10,
19, 204 21, portions of blocks 6, 1-1, 16, and all existing street
rights=of-way between said blocks; Section 36, Township 53 South,
Range 41 East, Alice Baldwin, Jenny M., and Charles E. Oxar
Subdivision A-57 Amended (8-87); and Blocks 2, 8, 4, 10, 11, a
portion of block 3, and all existing street rights -of -way between
said blocks; Section 36, Township 53, Range 41 East, Sosts
Subdivision (8-27); and Blocks 1, 8, and all existing street
rights-cf-way between said blocks; Section 36, Township 53, Range
41 East, Perry Division (8-163); and Greyhound Center (77-98);
Section 370 Township 53 South, Range 41 East, A.L. Knowlton Map
of Miami•(8-41); and Block 46N, Section 37, Township 53 South,
Range 41 East, G.G. Bolles (1-16); and Blocks 16N, 26N, and all
existing street rights -of -way between said blocks; S37, Township
53, Range 41 East, P.W. White Re -Subdivision (B-34); and Blocks
59N, 60N, and all existing street rights -of -way between said
blocks, Section 37, Township 53, Range 41 East, Miami South Ralf -
Blocks (1-185). and RTY SEC CORPS 3-172, J.A. Danns Sub 7-36
Blocks C and D, Howard Johnson Sub 79-87, Jones Resub 3-176,
Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map
of Miami ( 8-41) .
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To: Honorable Mayor and
Members of the City
FROmCesar
City
CITY OF MIAMI, FLORIDA
INTIER-OFFICE MEMORANDUM
CC
ission
H. Odio 60
Manager
RECOMMENDATION:
DATE: J U N 3 0 1987 RILE:
SUBJECT: RESOLUTION ON PRELIMINARY
DEVELOPMENT AGREEMENT FOR
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT DRI
REFERENCES:
ENCLOSURES:
Commission Meeting 7/09 /87
It is respectfully recommended that the City Commission approve the
attached resolution authorizing and directing the City Manager to
execute a Preliminary Development agreement (PDA) with the Fl- ida
Department of Community Affairs (DCA), in substantially t'-- form
attached, for the development of Phase I of the Southeast
Overtown/Park West Redevelopment Project; said resolution superseding
a prior authorization as reflected in Resolution No. 87-373 adopted
April 30, 1987.
BACKGROUND:
The Department of Development and the Law Department have analyzed
and reviewed this Preliminary Development Agreement (PDA). The PDA
is to be entered into between the City and Florida Department of
Community Affairs (DCA) to facilitate the Phase I development of the
Southeast Overtown/Park West Redevelopment Project. The attached PDA
incorporates language suggested by DCA at a June 3rd meeting held at
the South Florida Regional Planning Council (RPC).
The proposed modification will allow the construction and occupancy
of up to 1014 housing units and 40,000 square feet of commercial
space. This change is needed to assist Phase I developers in
obtaining financing for their projects which will be initiated prior
to the issuance of a Development Order.
Florida Statutes, 380.06(8) requires that a PDA be entered into with
DCA to allow construction to begin prior to the issuance of a
Development Order under the Application for Development Approval
(ADA) for the Southeast Overtown/Park West Redevelopment Project
Development of Regional Impact (DRI).
J-4 -/
t
Honorable Mayor and
Members of the City Commission
Page 2
The City Commission authorized the preparation of the ADA in July,
1986, and approved the transmittal of the ADA to the RPC in January,
1987. Based on review and comment procedures embodied in F.S., 380
the RPC will not consider the Development Order for the Southeast
Overtown/Park West DRI until September, 1987. Phase I developers are
scheduled to commence construction this summer.
Attachment
Z