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Home My WebLink AboutR-84-0527J-84-463 5/22/84 RESOLUTION NO. 84,527 A RESOLUTION AMENDING THE MIAMI CENTER II DUPONT PT,A?,A PROJFCT DFVFTOPMENT ORDER. (RESOLUTIONS 81-840 , SI PTEMBER 24, 1981; AND 82-71, iJANUARY 2(-',, 1982) BY AMENDING CONDITION 26 TO FXT I?ND THE TIME WITHIN WHICH SUBSTANTIAL DrVELOP- MENT IS TO BEGIN FROM Tl^HO YEARS TO TWO YEARS AND SEXENTY-FIVE DAYS OF THE RECORDED DATE OF SAID DEVELOPMENT ORDER, AND FINDING THAT SUCH AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES. WHEREAS, the Commission issued a Development Order for the Miami Center II DuPont Plaza project by Resolution 81-840, September 2.4, 1981; and WHEREAS, the Commission subsequently amended the Miami Center II Dupont Plaza Development Order by Resolution 82-71, January 28, 1982; and WHEREAS, by Resolution 83-1006; October 27, 1983, the recorded date of the Development Order was confirmed as May 12, 1982; and WHEREAS, by Resolution 84-841, April 26, 1984, the Com- mission established a public hearing date of May 10, 1984, for the purpose of considering this and other amendments; and WHEREAS, the Commission considers that a time extension within which substantial development is to begin would be advantageous to the City of Miami, Metropolitan Dade County and the State of Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission, following an advertised i„ public hearing at which interested parties were given the opportunity to be heard, hereby finds that the following amend- ment to Condition 26 of the Miami Center II DuPont Plaza Project Development Order (Resolutions 81-840, September 24, 1981, and CITY COMMISSIaI� mn "1`ml c Ol? M' A' y l U ln'A 82-71, January 28, 1982) does not constitute a substantial deviation under Florida Statutes, Chapter 380.06 (17) (a)-(b) ( 1983 ) , as degcri,h-d ill the T)nvel_opment_ OI'der. Section 2. e t1.i.ami. Center TT DuT'ont. Plaza Project Development. Order i.�sited 4,y F�,esolut .on 81.--1340, September 24, 1981, and amended 1_,y Resol.uti.on 82--71, ,January 28, 1982, is hereby further amended, only in respect to time, in the following particulars. 1 Condition 26 of the T)evelopment Order is hereby amended as follows: 1126. The Development order shall be null and void if substantial. development has not begun in two (2 ) years and seventy-five (75) days of the recorded date of this Development order. Substantial development is defined herein as the achievement of the following items: -- start construction of building foundations for Condominium `Power and garage; -- obtaining all required permits, variances, and approvals; -- preparation and approval of raised pedestrian circulation element plans; dedication of all right-of-way; -- the deposit of all monies, bonds, or letters of credit for surface street improvements with the County or the State; -- finalization of a public sector financing package and/or a private section front -ending agreement for construction of the I-95 bifurcated ramps; -- construction of the drainage syste,n for the Condominium Tower and Miami Center IT garage." PASSED AND ADOPTED this 10th day of Mai , 1984. ATTEST: Maurice A. Terre MAURICE A. FERRE, MAYOR RAI H G. ONGIE City Clerk 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 4 84- 5tiit I PREPARED AND APPROVED BY: Ir jA. Maxwell E.stant City Attorney APPROVED AS TO FORM AND CORRECTNESS: fse Garcia -Pedrosa ity Attorney JEM/wpc/ab/278 84-527 ONE TO S 7 IF a I,Ourmnn DATE May 1.L 1J64 FILE: 0-t514-4It) .5 Y- Deputy City Clerk SUSJI CT: Agenda :Item No. 8 May loth, 1984, Po City Commission Agenda —,— o .l E. Maxwell REFERENCES A sistant City ttorney ENCLOSURES: Attached please find item no. 8 from the May loth, 1984, City Commission Agenda. Page 1 and 2 reflect all the changes requested by the City Commission. JEM: is _ Attachment Ht s> a 8 ;OMMISSION ACTION CITY OF MIAM1. FLORIDA .1NTFR-01!F10E MEMCRANOUM T4� To. Howard V. Gary , _ . ;. -. ,_ �- `DATE: May 3, 1984 Mr, City Manager rRom. y _oc. F, Igue-. Director P ng Department SUBJEC-. Resolution a- Time Extension Miami Center 11 Development Order (Resolutions 81-840, 9-24-81 ; and 82--71 , 1-28-82 REFERENCFS: Agenda of May 10, 1984 ENCLOSURES: It is recommended that the Commission extend by two years the date by which substantial construction is to commence for the Miami Center II project and consider other amendments to the Development Order (Miami Center II Dcvclopm€*nt 0-i•der, Resolutions 81-840; Scptember 211 19`� 1 and 82-71 ; January 28, 1982) End consider a finding that these nz-ic-iid nient.s do not constitute subst.nnt'j--I- do \'it'.1"I oils, per the attached re. c�1.ut i on . The Miami Ccntcr 1a DuTlarit 113a.zn Development Order (Resolutions 81-840; 1981, and 82--7 1 ; January 28, 1982) allowed the devolopcv, 11i mi C n'Ger Joi.nt, Venture, to proceed to develop the three v2(.,ant, bl.00kn in DuPont: Plaza. By Resolution 83-1006; October 27, 1983, the recorded data of the Development Order was confirmed as May 12, 1982. This Development Order alloyed development of the 6 acre site to a Floor Area Ratio of 13.95 (net) comprised of a 59-floor office tower, a 74-floor condominium tower, a 4,000 car parking garage. Public agencies have responded favorably to this development by a) revising the I-95 approach to DuPont Plaza through the bifurcated ramp, b) relocating a proposed DCM station from east of SE 3rd Avenue to west of SE 3rd Avenue. The Development Order obligated the developer to certain conditions, among which were several which were advantageous to downtown, the City of Miami, Metropolitan Dade County and the State of Florida, summarized as follows: Condition 10 a - joint funding of pedestrian promenade and pedestrian bridges. Condition 13 a - dedication of easements and rights -of - way for the 1-95 bifurcated ramp system /I and pedestrian system. Page 1 of 2 V ;OMMISSION ACTION CITY OF MIAMI, FLORIDA INT9R-047FICE MEMORANDUM TO. Howard V. Gary ��- ;. : -:; ..' �- `DATE: May 39 19$4 r,L F: CJ.ty Manager R rROM f o rz, Director P j ng Department SUBJECT. Resolution - Time Extension Miami Center II Development Order (Resolutions 81-840, 9-24-81 ; and 82-71 , 1-a28--82 REFERENCES: Agenda of May 10, 1984 ENCLOSURES: It is recommended that the Commission extend by two years the date by which substantial construction is to commence for the Miami Center II project and consider other amendments to the Development Order (Miami Center II Development Order, Resolutions 81-840; Scptember 24, 191,1 and 82--71 ; January 28, 1982) rndd consider a finding that these ' r;iCI16111C,�t.r, do not constitute subs tan t i ;'-� 1 0c viat101) , per the attached resolution, The Miami. Center TJ DuPont Development Order (Resolutions 81-840; Sept;ci-nbcr 211, 1(981, and 82-71; January 28, 1982) allowed the developer, Kiprni Ccriter Joint Venture, to proceed to develop the three vacGAnt blocks, in DuPont Plaza. BY Resolution 83--1006; October 27, 1983, the recorded date of the Dovelopment Order was confirmed as tray 12, 1982. This Development Order allowed development of the 6 acre site to a Floor Area Ratio of 13.95 (net) comprised of a 59-floor office tower, a 74-floor condominium tower, a 4,000 car parking garage. Public agencies have responded favorably to this development by a) revising the I-95 approach to DuPont Plaza through the bifurcated ramp, b) relocating a proposed DCM station from east of SE 3rd Avenue to nest of SE 3rd Avenue. The Development Order obligated the developer to certain conditions, among which were several which were advantageous to downtown, the City of Miami, Metropolitan Dade County and the State of Florida, summarized as follows: Condition 10 a - joint funding of pedestrian promenade and pedestrian bridges. Condition 13 a - dedication of easements and rights -of - way for the 1-95 bifurcated ramp system r and pedestrian system. Page 1 of 2 84- 527 Howard V. Gary May 3, 1984 Condition 15 a - fund, bond, or provision of a letter of credit for $813,200* (in 1980 dollars) for local street improvements. Any additional costs for relocating DCM station Oil 3rd Street are the developer's responsibility. Condition 16 - Construction of direct ramps from Miami Center II parking garage to the I-95 connector. Condition 18 - Front end $11.68 million (in 1980 dollars) for I-95 bifurcated ramp construction if a public sector financing package cannot be arranged. The implications of not ey.t-,crndinr t.hc Devc1opmcnt Order would include, for the dcy,0.101)cr, : t"arl with a new Application to the Sout.11 P.or -i(.lr� )ACC;T C)na.1)ni11 council. For the pu1)1,i.0;.t i.013 15 1•,o'1_l.d i1101Udc 1_0s of funding; for t))e Ioc1z1_ r :.rcct. ililprovc-1;1e rt. in DuPont Plaza and serious7N jeop; rdii 711.11[); tl;c° crit.i.rc, ti 8 ini..1.l,ion 1-95 Connector Extension Pro"jc c t: t;c, 11uPoW, H ,� :(..Zl For it `-,-; rTc cc;rrrTrc r;ded tl)at the time within which substantial. development muat occur be extended by two years. It is requested that this item be entered on the City Commission agenda of May 10, 1984. SR/JWM/vb Attachment cc: Law Department *August 1983 - $945,000 Page 2 of 2 8 IL 3 �,