HomeMy WebLinkAboutR-87-0373i
J-87-378
4/21/87
RESOLUTION NO. 13773731,
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.
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, 380.032(3) and 380.06(8), require
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;
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CONTAINED Page No. 1:
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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.
PASSED AND ADOPTED THIS 30th day of April , 1987.
�>RAPV-IERL. SUARE , MAYOR
ATTEST:
R'�" niz
c,1041MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
o-44."&
RT F. CLARK,
APPROVED A$ TO FORM AND CORRECTNESS:
Page No. 2
0
PRELIMINARY DEVELOPMENT AGREEMENT
FOR SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT PROJECT - PHASE I
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/Barness/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
agency having the 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 Subsections
380.032(3) and 380.06(8), Florida Statutes (1985), and Rule 9J-
2.018, Florida Administrative Code; and
WHEREAS, the Owner is a Florida municipal corporation,
which owns in fee simple approximately 29 acres of the total
proposed Southeast Overtown/Park West Community Redevelopment
Project comprising a total of 209.38 acres located in Dade
County, Florida, more particularly described in Exhibit "A" to
this Agreement.
WHEREAS, Developers, Cruz Development Company is a
General Partnership; Can -American Realty Corporation/Northport is
a Minnesota corporation; Indian River Investments of Miami, Inc.,
is a Florida corporation; and Circa/Barness/Sawyer is a General
Partnership. The Developers propose to construct a project known
as the "Southeast Overtown/Park West Community Redevelopment
Project -Phase I" hereinafter referred to as "the Project."
WHEREAS, the Project consists of phase one of three
total phases of the redeveldpment effort with Phase I development
action surrounding the Overtown Metrorail Transit Station. Phase
I development activities are scheduled to occur between 1986 and
1992, and result in approximately 2000 housing units, 166#000
square feet of office space, and 661,200 square feet of retail
V
space. Also, Phase I anticipates the development of an
exhibition hall containing 290,000 square feet, and a 16,500 seat
sports arena ("Miami Arena") which is already under
construction. Development Approval for the Miami Arena DRI has
been submitted for approval by the Miami Sports and Exhibition
Authority.
t WHEREAS, the Project Phase I is located within the
boundaries of the "Southeast Overtown/Park West Redevelopment
Project area" more particularly described in Exhibit "B" hereto,
a two hundred 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. Construction of the Phase I
residential units, retail space and office space 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
WHEREAS, the City has selected the Developers and
development programs based upon the qualifications and experience
s
of the Developers in designing, developing, building and
i
operating other residential units, retail space and office space
j throughout the United States, as well the financial benefits
ii which the City will enjoy as a result of the business plan
proposed by these Developers. The Developers and development
programs selected for Phase I redevelopment are Cruz Development
for a total of 585 Rental Units and 221 Condominium Units; Can -
American for a total of 350 Rental Units; Indian River for a
total of 152 Condominium Units; and Circa/Harness/Sawyer for a
f
total of 241 Rental Units and 427 Condominium Units.
WHEREAS, the Southeast Overtown/Park West Redevelopment
Project Master Plan was approved by the City of Miami Commission
and the Board of County Commissions for Dade County; and
j WHEREAS, 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
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, retail space and office
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
WHEREAS, the Application for Development Approval 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
WHEREAS, the Developers propose to develop a portion of
the Southeast Overtown/Park West Community Redevelopment Project
prior to issuance of a final development order; and
WHEREAS, 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
WHEREAS, the Owner does have interests in other land or
developments located within five miles of the Project, namely,
the Miami Arena located within the Project area and Bayside
located along Biscayne Boulevard and N.E. 5th Street. The
Developers do not have any interests in any other land or
developments within five miles of the Project.
NOW, THEREFORE, the Developers and Owner recognize that
Phase I of the Project is an integral part of the Southeast
Overtown/Park West Redevelopment Project area and that the Owner
will be responsible for insuring that the Project is constructed
and operated in a manner that will insure its compatibility with
- 3 -
87=3'73#
existing and future needs of the redevelopment area, as
demonstrated by the proposed Overtown DRI, and it is hereby
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. eased 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.
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 shall immediately cease all development of
the Project, including the preliminary development authorized by
this Agreement.
4. The Developers may undertake the following
development of the total approved Project Phase I residential
units, retail and office space, after the date of execution of
this Agreement and prior to issuance of a final development
order: all necessary site clearing and demolition; construction
of the horizontal and vertical concrete structural systems
(including columns, beams, frames for the roof and exterior
surfaces); placement of roof trusses, associated metal decking
and concrete block masonry partitions; and, rough -in of
mechanical, electrical, plumbing and major equipment. The
Agreement does not authorize the Developers to undertake any
other development not specifically mentioned herein. All
construction authorized by this Agreement shall be in accordance
with the criteria which represents certain conditions typically
recommended by the South Florida Regional Planning Council and
incorporated by the City of Miami into DRI development orders for
projects of this type. No other development, as defined by
Subsection 380.04, Florida•Statutes, shall occur until such time
as a final development order is approved for the Project in its
entirety. The preliminary development authorized by this
paragraph shall be subject to the terms and conditions of the
final development order.
5. The Developers may complete construction and allow
occupancy of up to a maximum of ten percent (10%) of the total
approved Project Phase I residential units, retail and office
space prior to issuance of a final development order.
6. The preliminary development authorized by this
Agreement is more than 25% and less than 80% of any applicable
numerical guideline and standard. The Developers have
demonstrated that the preliminary development is in the best
interest of the State and local govErnment in that:
(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
consistent with the Minority Participation Criteria for
Redevelopment in Southeast Overtown/Park West, Section J of the
Southeast Overtown/Park West Redevelopment Plan.
- 5 -
41
7. The Developers and the Owner shall not claim
vested rights, or assert equitable estoppel, arising from this
Agreement or any expenditures or actions taken in reliance on
this Agreement 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 conditions in a final development order.
8. 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.
9. 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.
10. The restrictions and conditions of the final
development order issued pursuant to Chapter 380, Florida
Statutes, shall supersede the restrictions and conditions upon
development contained in this Agreement, if any.
11. 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
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.
12. The terms and conditions of this Agreement shall
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.
13. 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.
14. 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.
15. 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:
7
s
Witnesses:
STATE OF FLORIDA
DEVELOPER
CAN-AMERICAN REALTY
CORPORATION/NORTHPORT
BY:
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me
this day of , 1987, by
of CAN-AMERICAN REALTY/NORTHPORT, a Minnesota corporation.
(SEAL)
My Commission Expires:
Witnesses:
STATE OF FLORIDA
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
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:
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.
NOTARY PUBLIC
(SEAL) STATE OF FLORIDA AT LARGE
My Commission Expires:
Witnesses:
STATE OF FLORIDA
OWNER
CITY OF MIAMI
By:
• CESAR ODIO, City Manager
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:
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
!1
Approved as to form and
legal sufficiency: AFFAIRS
DEPARTMENT OF COMMUNITY
General Counsel, Department of 2571 Executive Center
Community Affairs Circle, E.
Tallahassee, FL 32301-8244
Witness:
Witness:
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
IN
PROJECT LEGAL DESCRIPTION
The Southeast Overtown/Park West Community Redevelopment Project
area boundaries are N.W+- Sth Street on the south, 1-95 on the
west, I-395 on the north, and Biscayne Boulevard on the east (see
Maps A-1 and A-2)i or
Beginning at a point at the intersection of the center line of
N.E. 5th Street; thence west on the center line on N.E. 5th
Street (and N.W. 5th Street) to the east ROW line of 1-95; thence
northwesterly on the east ROW line of I-95 to the south ROW line
of 1-395; thence easterly on the south ROW line of I-395 to the
center line of Biscayne Boulevard; thence southerly on the center
line of Biscayne Boulevard to the point of beginning, comprising
+ 209.38 acres more or less; -or
Blocks 2N, 3N, 4N, 5N, 6N, Me 14N, 15N, 173, 1SN, Me Me 21N,
22N, 23N, 24N, 25N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 42N,
43N, 44N, 45N, Me 56N, 57N, SSN, 59N, Me 61N, 62N, Me Me
66N, a portion of 27N, and all existing street rights -of -way
between said blacker Section 37, Township 53 South, Range 41
East, A.L. Knowlton Map of Miami (B-41)r and Blocks 7, S, 9, 10,
19, 20, 21, portions of blocks 6, no 16, and.all existing street
rights=of-way between said blacker Section 36, Township 53 South,
Range .41 East, Alice Baldwin, Jenny M., and Charles E. Oxar
Subdivision A-57 Amended (B-87); and Blocks 2, 8, 9, 10, 11, a
portion of block 3, and all existing street rights -of -way between
said blacker Section 36, Township 53, Range 41 East, Soots
Subdivision (B-27); and Blocks 1, S, and all existing street
rights -of -way between said blocks; Section 36, Township 53, Range
41 East, Perry Division (8-163); and Greyhound Center (77-98);
Section 37, 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)r and Blocks 16N, 26N, and all
existing street rights -of -way between said blocks; 537, 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 Half -
Blocks (1-185)r 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 (B-41).
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SOUTHEAST WEST
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PRASE Is PROJECT DESCRIPTION
The Southeast Overtown/Park west Community Redevelopment
Project entails the redevelopment of 200 acres of prime real
estate (see Maps A-1 and A-2) adjacent to the Miami Central
Business District for new residential, office and commercial
activity. Representing the culmination of a ten-year
planning process by both the City of Miami and Metropolitan
Dade County, the general redevelopment concept for the.
project is directed toward the provision of a wide range of
housing opportunities for moderate income families (e.g.,
families with incomes ranging from $15,000 to $50#000) within
a downtown setting. Also incorporated in the development
plan is the provision of support services necessary to serve
the area's future population.
In conformance with the Southeast Overtown/Park West
Redevelopment Plan (adopted by both the Miami City Commission
Resolution go. 82-755, and the Board of County Commissioners
Resolution No. 1677-82), the role of the public sector will
nQt be to undertake specific building programs but rather to
facilitate overall development using a variety of positive
investment incentives including special Zoning designations*
public land acquisition,, financial subsidies and the
provision of new public facilities and amenities.
The City of Miami has initiated the redevelopment effort with
a Phase I development action surrounding the Overtown
Metrorail Transit Station. Land acquisition (Appendix 3-1)
and Palocation activities (Appendix 3-2) are nearly complete
forothe nine (9) Phase I development parcels. (See Map 8-3).
Developers and development programs (see Appendix 3-3) have
been selected for these parcels, with a combined construction
cost estimated at over $190 million. Phase I development
activities are scheduled to occur between 1986 and 1992, and
result in approximately 2000 housing units, 166#000 square
feet of office space, 66,200 square feet of retail space and
a 16,500 seat sports arena. (The Application for Development
Approval for the Miami Arena DRI has been submitted by the
Miami Sports and Exhibition Authority). Also, Phase I
anticipates the development of an exhibition hail containing
290#909 square feet.
When all phases have been completed (estimated to occur by
the year 2005), the Southeast Overtown/Park Nest Community
Redevelopment Project is intended to transform a presently
blighted, under-utilised land area into a socially and
economically integrated community providing unique living and
working opportunities in downtown Miami.
ft Ed
■ 4 II
SOUTHEAST OVERTOWN/PARK WEST PHASE I REDEVELOPMENT AREA
-•--- ROOMt ONO 1 or war BLOCK/PARCEL NUMBER s.�. Ale a- O C M IN L 400
1
2
CITY OF %9*10. ftOMA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and OAM- APR 21 1987 F,LE,
Members of the City Commission .
RESOLUTION ON PRELIMINARY
suNUECT: DEVELOPMENT AGREEMENT FOR
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT DRI
FROM=Cesar H. Odio REFERENCEf:
City Manager City Coemission Meeting
ENCLOSUREs: April 30, 1987
RECOMMENDATION:
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 Florida
Department of Community Affairs (DCA), in a form acceptable to the
City Attorney, for the development of Phase I of the Southeast
Overtown/Park West Redevelopment Project.
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 to facilitate the Phase I development of the
Southeast Overtown/Park West Redevelopment Project.
Florida Statutes, 380.032(3) and 380.06(8) require 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).
The City Commission authorized the preparation of the ADA -in July,
1986, and approved the transmittal of the ADA to the South Florida
Regional Planning Council (RPC) in January, 1987. Phase I developers
are scheduled to commence construction in July, 1987; however, the
RPC will not consider the ADA for the Southeast Overtown/Park West
DRI until August, 1987. This difference in scheduling mandates the
preparation and execution of a PDA with DCA to allow Phase I
construction to begin prior to the issuance of a Development Order.
Attachment
o2 —/