HomeMy WebLinkAboutM-84-0951" M t3
CITT OP 6"A101, ►1YOAIOA
IN?tR,ORRlCE MSMONANOVM ;
110horable Mayor and Members August 16, 1984
of the City Commission
su•AcT Miami Center/Bifurcated
Ramp System
IROM Howard Y. Gary R[nRENGt•
City Manager ( �.
[Nc►.osuR[s One 1)
i
Previously, by memorandum on August 3, 1984, the City Commission
was advised that the Miami Center Developer would be presenting a
proposed agreement regarding dedication of the right-of-way to
allow construction of the bifurcated ramp system in DuPont Plata.
The proposed agreement was expected to be received before August
11 but was actually received on August 15, 1984; accordingly,
this memorandum is intended only to summarize the proposed
agreement while the actual recommendation of this administration
will be made orally.
The Developer, a joint venture comprised of Miami Center Limited
p �
f Partnership and Miami Center Joint Venture, is proposing four
changes to the Development Orders for Miami Centers I and II:
1. As approved, Miami Center II contains one office tower and
? one residential (condominium) tower; the condominium tower
is requested to be changed to an office tower of 47 stories,
774 feet in height containing 1.217,624 gross square feet;
this would leave the project (Miami Center II) without
residential development.
i
2. S.B. 3rd Street, between 2nd and 3rd Avenues, is proposed to
be officially closed and vacated. Basements would be
granted the City to provide for construction, maintenance
and access to the Downtown Component of Metrorail (DCM)
station.
3. The Development Order required certain local street improve-
ments in the amount of $8131,200 (1980 dollars) with $481,598
allocated speeifioally to Miami Center I, $52,000 of which -
has been oredited leaving a balance $429,598. The proposed
%ligations
Bement, if approved, would forgive all remaining
for surface street improvements as required in
the Nismi Center I Development Order; Miami Center I would
have no further cost liability for impleaenting interim
traffic improveaents. t
114%. i` and Members of
the City Commission
Usai Center/bifurcated Ramp System
Page 2
4• A requirement to construct portions of the Bayfront Walkway
and Riverfront Walkway are imposed on Miami Center I and
easements for both have been dedicated; the easement for the
River Walk is currently being held in escrow by the City
Clerk and the Walkway surface only has been constructed along
the Bayfront. The proposed agreement seeks to transfer the
requirement for the Bayfront and Riverfront Walkways
construction from Miami Center I to Miami Center II as a sole
obligation of the future development.
In recognizing that the proposed street closure, the transference
of pertain obligations from Miami Center I to a future
development of DuPont Plaza Blocks 2, 3 and 4 and relief from the
requirement to make local street improvements are all matters
subject to specific legal processes, the Developer is proposing
to place in escrow an instrument which would convey the right-of-
way for the bifurcated ramp system. Actual conveyance of the
right-of-way would be made only after the requests enumerated in
Paragraphs No. 1 through 4 above have been accomplished. The
Developer has also stated in the proposed agreement a time
limitation of February 1, 1985 for all the above to have been
accomplished. Should the City not have vacated and closed S.E.
3rd Street, not relieved the Miami Center I Developer of the
requirements of local street, Bayfront and Riverfront Walkways
improvements, and not allowed the change of the Miami Center II
tower from residential to office development, then the Escrow
Agent would return the right-of-way conveyance instrument to the
Developer.
1RsfAl/ PY,s1MM ssl�l
WAV Won
Oft 0100
M� +/trl sM•+tsisi�
saw aft Oft MM•NR1
4111A W
so 4t PMt shol"t - sluts a"
W f. so IBM
�hARIdA Issas
sas! 4MN o
4tA?�-I�iLif ���1 i1�1bt
wtr11 1111"PA' tE Mot SA 1161101
tt►*PMMt wfM w-sus
ACONT C. 1*MMt*V1N.E, P.A
1lO+rl !s♦r1.s
Te
�MiJttt �
A't?IW tt'* AND d'OVIWLAdA! At LA*
iA MIUAItlM PROUNMIML MiOb1M1dNM
6Art2'*8K$TT9*O.'
ttLt11 441- Oft
PRAWN 0. sMUtts
(1470 -1N7)
CRAtt 0. DOWIEN
Mtt1-19as1
August 15, 1984
tOAAI own of
I" ft*OUA AvtWW
COMAL sAtln, ftoOnU 401114
"LtPPI6 fs"I MA-Abo
LMtt 100"i- Wo It
1010 tt"" WtWA NO""
R 0. OAARtP OM
LAKE WORE,», PLO M W 0"6
tako"eRt lsssI MU-saro
* swam "M bwft
split aw -" M Art► M►AtA
NO L~.INA1MISA MONO
ttllOM" DINE sir-assl
PLEASE REPLY TO MIAMI Or'FICE
' Mr. falter Pierce
Assistant City Manager
j Cityy of Miami
3500 Pan American Drive
Miami City gall, Second Floor
Miami, Florida 33133
Net Miami Center Development orders
Dear Mr. Piercet
Enclosad is a draft of proposed Agreement between
Miami Center Limited Partnership, Miami Center Joint Venture
and The City of Miami, Florida regarding the dedication of
portions of Blocks 2 and 4 of DuPont Plaza Subdivision
required for the I-95 bifurcated ramp system, the closing
of S.E. 3rd Street between S.E. 2nd Avenue and S.E. 3rd
Avenue and certain other matters. I have also delivered
today a copy of the draft to Miriam Maer and will be speaking
with her later today to begin preparation of the final
agreement.
ry ly yours
jha�---
_ t C. 8 le, P.A.
t No". *ILPiis fttit, r/ehcl . -- RM DELIVERY
` �. Miriagr Mauer, w/o Esncl.
Date --
AGREEMENT
THIS AGREEMENT made as of this day of ,
1964, among MIAMI CENTER LIMITED PARTNER MIP, a Florida !incited
partnership (the "Partnership"), MIAMI CENTER JOINT VENTURE, a
Florida general partnership (the "Joint Venture") and THE CITY OF
MIAMI, FLORIDA, a municipal corporation of the State of Florida (the
"City");
WITNESSETH:
WHEREAS, the Partnership Is the owner of that certain office
building known as the Edward Ball Building and the adjoining hotel known
as The Pavilion, legally described in Exhibit A attached hereto (herein
called "Miami Center I");
WHEREAS, the Joint Venture is the owner of certain land ad-
jacent to Miami Center 1 legally described in Exhibit B attached hereto
(herein called "Miami Center III") and Blocks 2, 3 and 4 of the DuPont
Plata Subdivision (herein called "Miami Center 11");
WHEREAS, the City has Issued a Development Order approving
the development of the Miami Center 1 and Miami Center III pursuant to
Resolution No. 79-396 dated May 24, 1979 as amended by Resolution No.
80-707 dated September 25, 1980 ("Sall Point Development Order");
WHEREAS, the City has issued a Development Order approving
the development of Miami Center it pursuant to Resolution No. 81-840
dated September 24, 1981 as amended by Resolution No. 82-71 dated
January 28, 1982 ( "Miami Center 11 Development Order") ;
WHEREAS, the parties hereto desire to set forth their
agreements with respect to certain matters regarding the development of
the DuPont Plaza area.
NOW, THEREFORE, in consideration of the foregoing pramises,
the mutual agreements set forth below and other good and valuable con-
sideration, the parties hereto agree as follows:
1. The Joint Venture will be requesting a modification of the
Mismi Center 11 Developnwnt Order to amend the description of the de-
velopment described therein as follows: (1) the Condominium Tower will
be changed to an Office Tower (47 stories with elevation of 774 feet)
consisting of 1,217,624 square fait of gross leasable area and 994,000
somore fast of rat leasable area, 01) S.E. 3rd Street will be vacated and
Elosad between S.E. 2nd Avenue and S.E. are! Avenue, and 00) the
MWW Center 11 garage building constructed on Stocks 2 end 4 of DuPont
Plan Subdivision will also be constructed in the air space ebove
fleet, and below feet elevation, City of Milwal detuan the r'
sprKne : below -Veet and above feet elevation, City of
Miuwt datwm, wili`T `oacupled by the hew;down People Meyer ("Dpbt")
system and the DuPont Pies* OPM station, with necessary e*sawls in
A~ of the City for construction, support, maintenance, repair and
Ingress and *gross to and from the station to a public street) .
2. The .ant Venture will be r "sating a mwliffestlen of, the
#AIiIIrMli C rater f f D-yok - s it Order to emend paragraph l;lb **Peef Jl V
the words "er esertifirQabs of occupancy for eny portion of ##dial
ft I . (80 Point)" so that said paregreph lab small reed:
Y
"18b. Insure that the required funding, bond or
lotter£ef cmM hn been provided prime to haeley
my building permipt for the proposed I.1,
�t"•
3. Tbo Jolwt Ventura will be rwtuesdng s t-fiastiew of the
#i#ltrnd Cantor 11 O8 - solo m m Order to eve wd the escf"INAm doe► theral.
10 lllmwrwrir 1, 1M�. " jy
k
11
4. The City agrees that the Partnership and Miami Center 1
have satisfied all of their obligations with respect to the construction of
surface streets and the payment of funds for surface street Improve-
ments, it being specifically agreed by the City that the Partnership and
the Miami Center 1 shall not be liable for any further cost of implementing
interim traffic improvements and that the conditions for the issuance of
certificates of occupancy for all portions of Miami Center I with respect to
interim traffic improvements and the requirements of paragraphs 7 (as
amended), 6, 9, 10 and II under the Bell Point Development Order have
been satisfied .
5. The parties hereby agree that the portion of the Miami
River Walk and Bayfront Walk described in Exhibit B hereto which con-
stitutes a part of Miami Center III will be constructed by and shall be the
sole obligation of the owner of Miami Center III and shall not be the
obligation of the owner of Miami Center 1.
6. The City hereby represents and agrees that the City
k Department of Public Works, City Planning Department and all other
! departments or agencies of the City having jurisdiction over matters set
forth in paragraphs 1, 2, 3, 4 and 5 of this agreement have indicated
their approval of the proposed modifications of the Miami Center II
Development Order and the statements and agreements set forth in said
paragraphs.
7. The Miami Center II Development Order provides in part in
paragraph 13a as follows:
"Upon the granting of all variances and conditional
use permits necessary for the development of Miami
Center 11, as discussed in Paragraph 1 hereof, and
the obtainment of any necessary action or agreements
from the City required for the construction of the
Miami Center II garage, the Applicant shall dedicate
all easements and right-of-way, owned by the Appli-
cant, required by the City, County, and State to
Implement (or provide access to) required transpor-
tation and second level pedestrian system improve-
ments, specifically including required dedications
along the north right-of-way line of SE 4th Street
( Biscayne Boulevard Way)."
The construction of the 1-95 bifurcated ramps will require the
dedication of certain easements and rights of way along the southerly
portion of Blacks 2 and 3 and the northerly portion of Block 4 in DuPont
Plata Subdivision as shown in Exhibit C attached hereto (the "Dedica-
tions") by January 15, NW, which may be prior to the date the Joint
Venture obtains all variances and conditional use permits and all
necessary action or a reements fran the City required for the develop-
ment of Miami Center YI. In order to facilitate construction of the 1-95
bifurcated ramps, the Joint Venture has agreed to execute on instrument
making the Dedication and deliver some in escrow pending satisfaction of
certain conditions, all as mare particularly set forth in paragraph d
below.
4. The Joint Venture has concurrently herewith executed and
"ice m ("Escrow Agent") an Instrument in
proper ntoo setform to Exhibit D attached hereto granting to
the City the Dedisations which Instrument shelf be delivered by the
Ese mw Agent to the City only open tiro occurrenec of all of the felilowi�g
events
a) AN of the final certificates of ocauponey
trot respect to ate pop 6 of WOW
Center 1 haw boon issued.
b) That pertilam of S . 1. 3rd Street lying
brohwan S.E. and Avenue and S.E. mil
Avenue in the City of Irlfaaai, Florida
( "Street Property") has been closed and
vacated by a final non -appealable deci-
sion.
c) The Joint Venture has received an In-
strument exetuted by the City in
Proper recordable form set forth in
Exhibit E attached hereto conveying and
releasing to the Joint Venture all of the
City's right, title and interest in and to
the Street Property and the air rights
appurtenant thereto, except for the
reservation by the City of that certain
air space lying between feet
and feet elevation, CRy of
Miami datum, or use of the DPM system
and the DuPont Plaza DPM station,
a
together with the necessary easements
In favor of the City with respect to the
Street Property for construction, sup-
port, maintenance, repair and ingress
and egress to and from the station to a
public street.
' d) The Miami Center 11 Development Order
has been modified by the City in accor-
dance with the Joint Venture's requests
as set forth in paragraphs 1, 2 and 3
of this Agreement.
If all of the foregoing events set forth in subparagraphs (a) through (d)
inclusive do not occur on or before February 1, 1985, then the Escrow
Agent shall redeliver the instrument to the Joint Venture.
9. The Joint Venture claims title to the air rights above the
Street Property, which claim has been disputed by the City. In order to
facilitate the construction and operation of the DPM system and the
DuPont Plaza DPM station, the Joint Venture and the City hereby agree
as follows:
a) The City shall, within
thirty (30) days
from the date hereof,
commence legal
proceedings to close
and vacate the
Street Property and
will diligently
pursue some to completion. The Joint
Venture will cooperate
with the City in
closing and vacating the Street Prop-
erty .
b) Within ton (10) days after the closing
and vacating of the Street Property,
the City will execute and deliver to the
Joint Venture an instrument in proper
recordable form set forth in Exhibit E
attached hereto conveying and releasing
to the Joint Venture all of the City's
right, tMo end Interest in and to the
Street Property and the air rights and
all other ri hts appurtenant t►ereb4,
amcwt for t: reservation by the City
of that certain air space, lying between
feat and feet
Ri4saw i; !City of &mamTWGu—W7rw the
two of the DPM system and the DuPont
Piass DPM station, topmtor with the
necessary aasements in favor of the
City with respect to the streot Pr"W"
for construction, support, maintename,
8
repair and ingress and egress to and
from the station to a public street.
c) Within ten (10) days after the closing
and vacating of the Street Property,
the Joint Venture will execute and
deliver to the City an instrument in
proper recordable form set forth in
Exhibit F attached hereto conveying and
releasing to the City that certain air
space lying between feet and
feet elevation, ity of Miami
atum, for the use of the DPM system
and the DuPont Plaza DPM station,
together with necessary easements in
favor of the city with respect to the
Street Property for construction, sup-
port, maintenance, repair and ingress
and egress to and from the station to a
public street.
10. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have executed this
instrument as of the day and year above written.
Witnesses:
k
L+
'x
MIAMI CENTER LIMITED PARTNERSHIP,
a Florida limited partnership
By:
Theodore B. Gould, general partner
MIAMI CENTER JOINT VENTURE,
a Florida general partnership
By:
Theodore B. Gould, partner
THE CITY OF MIAMI, a
Municipal corporation
By:
City Manager
OR's
ATTEST:
APPROVED At TO FORM AND
Iliry I!r*rk CORRECTNESS:
City Attorney
4