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HomeMy WebLinkAboutItem #16 - Discussion Itemra -o Honorable Members of the City Commission `p°%' Richard L. Fosmoen City Manager A CITY OF MIAMI. F"LORIOA INTER -OFFICE MEMORANDUM ,:TF November 24, 1980 L8A FEC Condemnation r R. E The attached letter is an offer from the FEC to (1) settle the condemnation suit on the P & 0 Dock Property, and (2) provide the City with a method of acquiring property on the River necessary for the construction of a sports arena. Basically, the FEC is offering to: P & 0 Bay Property - Sell the entire 32 acres of up land and bay bottom at the P & 0 site to the City of Miami for $11.8M. - Retain development rights for a residential project at a FAR of 5 on 45' of the up land, and for marina construction on 55% of the bay bottom. - Maintain the park in perpetuity which would be constructed on the re- mainder of the property. FEC River Property - Sell 2.5 acres to the City for $4.2M. - Donate 2.5 acres to the City at the end of 5 years assuming that the City has acquired sufficient land to permit construction of a marina. - Retain for development of a hotel approximately 1.5 acres. - Charge a $1 per night per rented room surcharge to be used for arena promotion. - Donate to the City $500,000 per year for 5 years to be used for civic improvements in downtown Miami. Additionally, - Settle the Holiday Inn suit on the Bay property. - The FEC would assume all relocation costs of the port. - The City would be responsible for all attorneys' fees as we are no as the condemnation suit is pursued through jury trial. it LEI ` IV[ C Honorable Members of the -2- It is my recommendation that the City Commission schedule a full public dis- cussion of the attached proposal as early as possible in December. I believe the offer that has been made by FEC is worthy of serious consideration by the City and has been made in good faith by the FEC. We have agreed that none L of the discussion relating to a possible settlement would be admissible if these negotiations are for some reason terminated. "SUPPORTIVE DOCU ivi ENTS FOLLOW" BRIGHAM, i1I:YNOLMi, BYRNF3 LAC MOORJ:': PROFESSIONAL ASSOCIATION I y LAWYERS 203 SOUTHWEST 13- STREET ,NitAMI, FLonIDA M11,10 TOBY PRINCE BRIGHAM SUITE 1110 ROBERT N REYNOLDS TELEPHONE (305) 858-2400 ELLIS SARASOTA BANK S TRUST SLOG ROBERT C BYRNE 1605 MAIN STREET STANLEY W MOORE SARA9OTA, FLORIDA 3315?7 CELESTE HARDEE MUIR November 20, 1980 S IBIJI 365-3800 CARY GAYLORD PLEASE REPLY TO' Miami City of Miami 3500 Pan American Drive Miami, Florida 33133 Attention: Mr. Richard Fosmoen Dear Mr. Fosmoen: Under the leadership of the City Commission, tremendous progress has been achieved in recent time toward the goals of revitalizing downtown Miami. Creative governmental action and resourceful cooperation by all sectors of the community have brought public and private investment in projects that are broadening the tax base to enable even greater achievement for the public good. The concept of in town living is beginning to take place in a real way. The quality of downtown for living and working for cultural and civic endeavors is rapidly im- proving because of the broad based new spirit which is revolu- tionizing the City of Miami. In connection with all that is happening to further these goals, the City of Miami has several pending concerns and problems which have been discussed, or which are presently in litigation, involving the Florida East Coast Railway Company. In summary, these are: 1. Sports Arena Complex Involving the "Freight House" Property. The City wants to locate a Sports Arena Complex on a site between Miami Avenue and I-95 on the North bank of the Miami River. This site includes part or all of the property of the Florida East Coast Railway Company com- prising 6.45 acres. To achieve this public purpose the City intends to rely on the private sector for development and management of the project once the land is acquired. The preference of the Railway would be not to have its property taken. "sUPP0RI!�:�� D0CUI'A'=INI j FOLLCJWY Page 2 Mr. Fosmoen November 20, 1980 2. Passive Park Involving The "P and O Dock Property". The resolution to make the "P & 0 Dock Property" (east of Biscayne Boulevard between the expanse of Bayfront Park and Bicentennial Park) into a passive park was conceived almost ten years ago. Pursuant to this perhaps outdated con- cept, the Courts have authorized the exercise of the City's power of eminent domain in a manner t,,.at would take this property off the tax roll and limit its use forever to another passive park. Until Final Judgment is entered in the pending eminent domain proceedings, the City has the opportunity in coopera- tion with the private sector to update and broaden the con- cept of a passive park to allow development rights within the park perimeter for purposes that would enhance accomplish- ment of the current goals for the downtown and substantially increase the tax base to provide revenues for other City endeavors. Otherwise, the pending eminent domain litigation will proceed to determine the compensation to be paid for the ownership interests taken on account of the fair market value of the property, moving expenses, interest and costs of the proceedings. The initial valuation position of the City was at 14.5 Million for the 32+ acres (of which, subject to survey, approximately 8+ acres is deep water harbor and 24+ acres is bulkheaded and filled land.) The owner's valuation at jury trial will exceed 34 Million Dollars as the fair market value of the property. There is also other litigation against the City in- volving the "P and 0 Dock Property" by other parties. Several lessees on the property seek damages for restitution or inverse condemnation of their leasehold rights in the property. Of these the most notable is the claim of Holi- day Inns, Inc. which is in excess of Two Million Dollars for deprivation of -the use of their leasehold during 1971 through 1976. Also, the Interstate Commerce Commission has brought suit to enjoin the City from possession of the "P and 0 Dock Property" until an application is filed and approval of the Interstate Commerce Commission is obtained to abandon an active railway port facility pursuant to Federal Statutory regulation. Drv, ! IN L FOLLOW" I1RIGIIAM, REYNOLDS, BYRNE Fo �-Ioc)ItL, R A. Page 3 Mr. Fosmoen November 20, 1980 3. Contributions From The Private Sector To Augment The Budget and Funding Limitation Of The City For Civic Improvement. The City of Miami has expressed a desire to interest the private sector in contribution of capital resources to augment the budget and funding limitations of the City's current situation in advancing civic endeavor and improvements not yet in being which would enhance the quality and vitality of Downtown Miami. Recently, the Florida East Coast Railway Company and Dade County were able to cooperatively work out many difficult problems in connection with the County's Rapid Transit Project. We would now attempt to reach mutual accord with regard to the City's projects and concerns involving the Railway. While each of these concerns are separate matters which can be individually dealt with; it seems to us, that a timely resolu- tion of these several distinct problems all at the same time would provide the greatest convenience to the City and the Railway in planning and carrying out the legitimate interests and goals of both parties, respectively, as to each separate problem. To that end we have arrived at certain proposals to present to the City Commission after extensive and constructive negotiations thus far. If, therefore, the City is in a position to simultaneously resolve all of these matters in accord with the following pro- posals; the Railway would propose the following agreement as to each distinct concern or problem. It is understood that the proposals herein being presented as to each problem and their consideration by the City are completely without prejudice to either the City or the Railway in any way what- soever, now or in the future, or in any pending or future proceeding or litigation, in the event agreement is not reached. ttl - Acquisition Of Railway Property For A Sports Arena Complex. Subject to matters of public record, the Railway owns 6.45 acres of property East of I-95 on the North bank of the Miami River. The City wants to acquire part or all of this property for construction of a Sports Arena Complex. Whether or not the City could establish a sufficient neccessity to justify the exer- cise of eminent domain to take the property, the Railway offers to resolve this acquisition under the following arrangements: Ll "Oi"?TIV E DOjU NTS FOLLOW" Page 4 Mr. Fosmoen November 20, 1980 (a) The City shall purchase by Special warranty Deed the ownership of the Railway in 2-1/2 acres of the site at the location of the Railway's selection for the agreed price of 4.2 million dollars with the City paying the expenses of survey, documentary stamps and closing, except for the pro- rated real estate taxes and the owner's attorneys' fees. The closing shall occur in January, 1981. (b) Provided the City has within five years from the date of closing of the first 2-1/2 acres; i) obtained what- ever additional land is required -of third parties to complete construction of the Sports Arena Complex and ii) has committed to the immediate orderly development thereof and iii) the City has accomplished the swap, provided by paragraph #1(c) below, then the Railway will donate an additional 2-1/2 acres of the site to the City by Quit claim deed. (c) The Railway shall retain 1.45 acres of area of its ownership for construction by or with a third party developer of a high rise hotel as an integral part of the Sports Arena Complex. The City believes that the hotel facility which will serve the public purpose of the Sports Arena Complex should be located on Miami Avenue sufficiently North of the Miami Avenue Bridge ramps to provide at grade frontage. Therefore, upon acquisition of the total site for the Sports Arena Complex the Railway will swap without exchange of any monetary considera- tion its 1.45 acres, for Sports Arena purposes, for the Sports Arena hotel facility site specified above of at least 1.45 acres in size. The City will accomplish the swap and permit the construction of said hotel facility. (d) The Railway, its successors or assigns, will pay to the City one dollar per day per room rented at the rates charged upon commencement of the normal hotel operation. This payment shall be increased or decreased as the room rates thereafter increase or decrease in the same proportion to the subsequent room rental rate as the one dollar has to the room rate in effect upon commencement of the normal hotel operation. The funds generated by this payment shall be spent by the City in the advertising and promotion of the Sports Arena Com- plex including the said hotel facility. There shall be no other hotel facility within the perimeter of the City -owned land comprising the Sports Arena Complex. �.U;LLOW BRIGHAM, REYNOLDS, I3ne.Vt: & NIoait 1, FA. Page 5 Mr. Fosmoen November 20, 1980 (e) If construction of the Sports Arena Complex requires the 2-1/2 acres which the Railway is to donate before the five year period of time for the donation to be made; then the Railway will lease said 2-1/2 acres for such construction at one dollar per year until the donation is made. u2 Passive Park Involving The "P and O Dock Property". (a) To allow residential development rights within the perimeter of the proposed park in order to enhance the usefulness and purpose of the specific park area and all of the City's bay front parks in downtown Miami. while significantly increasing the tax base and enccuraging in town living; the City shall acquire the 32+ acres of property in the pending eminent domain proceeding after amendment of the estate to be taken to reserve the develop- ment rights hereinafter specified in the Railway, its successors or assigns. The City shall upon entry of Final Judgment for the taking of such amended estate in and to the 32+ acres pay Railway the sum of J.1.8 million dollars. (b) To assure the residential development intended to be accomplished by the reservation in the owner of the rights for such development; the Railway shall transfer those rights to a third party developer, or developers reasonably qualified to undertake the project. The terms and arrangements of such transfer shall be those which the Railway deems best advised; provided however, that such transfer is accomplished no later than five years after the entry of Final Judgment or eighteen months after a permit is obtained for abandonment of the port facility on the property and the same is relocated to the County's Dodge Island Port, whichever is the longer period of time. The time period for such transfer specified above shall be extended by the duration, plus eighteen months, of any of the following circumstances beyond the control of the Railway which make development of the property not feasible: Acts of God; wars; litigation by others; severe economic recession, extremely adverse market conditions, or delay in obtaining any governmental approvals required for the project. (c) To further assure accomplishment of the residential development intended; the Railway shall pay a penalty to the City of one million dollars for each year that the Railway fails to make the transfer as foresaid within the time period specified above or any extension thereof. "SUPPORT1`,./E DOG'r� �. ISHIGII Aa. 10.-Y-VoLnS. ISYUNE & JlOORE, 1'.:�. Fls i..LOW t' (h) Mc.FARI ANF TO INTFRSFCTION OF Page 6 Mr. Fosmeon November 20, 1980 (d) The owner shall retain development rights upon and over, in and to, forty-five (45a) percent of the lend area of the property and fifty-five (55-) percent of the water area of the property for residential development. Such development shall occupy the said land area and shall be permitted by the City to a floor area ratio of five (5). The 55% of the water area within the property shall count as ground area or. "lot" area in the floor area ratio computation. Enclosed parking in the building shall not count as floor area in the floor area ratio computation. Any building in connection with the marina facility shall not count as floor area in the floor area ratio computation. Such residential development may include commercial establish- ments and uses interior to the buildings suitable for such residential development. The said 450 of the land area of the property shall be generally rectangular in shape of which the northerly boundary shall be a line formed by the northerly edge of the land at the southerly side of the water area within the property; the southerly boundary shall be a straight line roughly para- llel to the top of the bulkhead at the easterly edge of the property but 100 feet west thereof except for the easternmost 50 feet which shall be at the easterly edge of the property. The westerly boundary shall be parallel to the top of the bulkhead at the easterly edge of the property. The width of the aforesaid rectangular shaped land area at its narrowest variation shall be 420 feet in its northerly to southerly direction; and the length in an easterly to westerly direc- tion shall be such as is necessary to include within said rectangular shape that area which constitutes 450 of the land area of the property as determined by survey. That area which constitutes the said 55% of the water area within the property shall have as its southerly boundary, the northerly boundary of the aforesaid 45% of the land area within the property; and the northerly boundary shall be a straight line generally parallel to the said southerly boundary and in such location as will include between said northerly and southerly area 55% of the water area within the property according to survey. The City shall permit the development and use of the area within the 55% of the water area of the property for marina or other water oriented facilities ancillary to the residential development. FOLL&V"V;, 13tetcitt mat, RV-YN LDS, II1 RNH tic Moottt:, P. A. - T•ITCncrrTTnN OF Page 7 Mr. Fosmoen November 20, 1980 Should the City ever determine to develop a marina facility within the balance of the water area, the Railway, its successors or assigns shall have the right of first re- fusal to develop and operate such marina to assure unity of operation with that located on its 55% of the water area. The development rights retained by the owner shall in- clude a two-way right-of-way opposite N.E. 7th Street and another opposite N.E. 8th Street for the purpose of connecting the said 450 of the land area of the property to Biscayne Boulevard for ingress and egress." The southernmost right- of-way shall extend to the easterly end of the southerly boundary of the said 450 of the land area of the property. A third two-way right-of-way for ingress and egress shall extend from the said 45% of the land area of the property to Port Boulevard if necessary approval can be obtained from appropriate authority crossing the railroad track northerly of Port Boulevard. The width and other design features of such rights -of -way shall be those required by sound engineer- ing and in accordance with the criteria imposed by all appro- priate governmental authority for rights -of -way required to serve the full exercise of the development rights herein set forth. The area within said rights -of -way shall not be in- cluded in the said 45% of the land area within the property and shall not be counted as ground or "lot" area in the floor area ratio computation. (e) The public park created on the property shall be maintained according to normal City park at the expense of the Developer of the development herein provided from the time development starts. by the City standards rights (f) The Railway will pay the amount necessary to satisfy the claims of holiday Inns, Inc. against the City of Miami in the above referenced lawsuits, and according to law the City shall pay all costs, including reasonable attorneys' fees in the eminent domain proceedings brought by the City to acquire the Railway's property referenced above. (g) In the absence of any litigation on the part of third parties which would prevent consummation of the agree- ments herein proposed; the Railway after entry of Final Judgment as herein provided, shall file an application with the Interstate Commerce Commission for abandonment of its marine port facility on the P & O Dock property, and will bear all costs of pursuing such application. Both the City and the Railway shall jointly seek the approval of such application. `SUPP�lMVE I DO\U :I i_„1 V 0 I3►t►O► XM, Hl'YNOLns. I3V►cNy: ?ic>u1:t:, P.:1. FQL LO it rlf nF i Page 8 Mr. Fosmoen November 20, 1980 (h) After a permit is obtained from the Interstate Commerce Commission for abandonment; and a suitable relo- cation site is available at the County's Dodge Island Port; then the Railway will diligently remove its port facilities from the P & O Dock property at the Railway's expense. #3 - Contributions From The Private Sector To Augment The Budget and Funding Limitation of The City For Civic Improvement. The Railway shall each year for'the next five years donate the sum of $500,000.00 to the City of Miami to be spent as the City Commission directs for the revitalization and civic improvement of downtown Miami, Florida. As attorneys for the Florida East Coast Railway Company in these matters and on its behalf request that youpresent this letter to the City Commission and advise us of their decision Ripon consider- ation of the proposals as herein made. TPB/joy Sincerely yours, SHUTTS & BOWEN Eric Meyers, Counsel BRIGHP.M, REYNOLDS, BYRNE & MOORE, P.A. By Tob�'Prince Brigham, Special AssociatSjCounsel 11111culAm, 1?ny.%01.1)S, BylvN1: & J100111:, P.A. IV L FOLLOW Ch CAI1VIARA bF; CONtERCiO I,ATINA DE LOS E5TAUOS UNtDOS L.TIW (M\M•r� 4(-tt. • ,+11' - "I t It a Latin Chamber of Commerce of U.S.A. raaC10 L- �rn MAILING ADDPPSS MAIN OFFICE: P.q BOX 350E"4 PHONE 1417 W. FLAGLER ST. �Mi�t(V'I, FVA• 3,7I.i5 13051 642-3870 MIAMI, FLA. 33135 v . 6, .'r1 JUNTA DE GOBIERNO 1979.1981 PRESIDENTES DE HONOR Roberto Sue ro Horatio Aqulrre PRESIDENTE Luis Sabines VICEPRE'a1CC141TES Eloldlo Nunez William Alexander Fernando Carrandl Virg'lio Perez Orlando Naranjo Anthony C. Rivas SECRETARIO Eloy B. Gonzalez VICESECRETARIOS Roberto Rodriguez de Aragon Marlo Pestonit TESORERO Adalberto Ruiz VICETESOREROS Fernando Vidal Pedro Albuerne DIRECTOR DE RELACIONES EXTERIORES Isldoro Rodriguez VICESECRETARIOSDE RELACIONES EXTERIORES Juan A. del Cerro Jesus Angulo DIRECTORES Alberto Calll Alberto Ouirantes Rarael Guedes Manuel Vega Hilda Ararte Aurelio Basanta Joseph B. Guirman Carlos Capo Jay Romlaue. PAST PRESIDENTES Ellseo Riera Gomez Gilberto Almeyda Manuel Salado Rogello Barrios ASESORES CONTABLES Aristides Mendez Insua, C.P.A. Eugenio Sanson, C.P.A. ASESOR ECONOMICO Carlos J. Ar boleya ASESOR HIPOTECARIO Abel Hnitl DEPARTAMENTO LEGAL Director: Carlos U. Fernandez LETRADOSCONSULTORES Gaspar B. Aldrich Pedro R. Lopez ASESOR ADMINISTRATIVO Ernesto de Aragon December 15, 1980 Hon. Mayor and Members of the Miami City Corrnission Recently, we had an extensive presentation by the Miami City Manager, Richard L. Fosmoen, on the possible options available to the Miami City Commission to purchase and develop both FEC properties on Biscayne Bay and the Miami River. During this discussion, the City Mana-er outlined for us the possible alternatives available to the City of Miami, to include the purchase o,: several acres of FEC land by Biscayne Bay for approximately $11.3 million and the purchase of the FEC land by the Miami River for the development of a sports arena, Trade Exposition Center, a permanent residence for the Trade Fair of the Americas and a parkin- lot. Also, we discussed the develop- ment of a residential development in the Biscayne Bay property of approximately $300 million which will generate $3 million in annual residence taxes. It is the position of this Chamber and its Board of Directors to always endorse any project or proposal that will create new jobs for the community, as you are all aware, since one of our 3oals is the economic development of the City. Due to the importance of this project, we would like to have enou,;h time to analyze and study this proposal before taking a final position on this matter, and 3ive you our opinion of it; and as soon as we arrive at a decision we will let you know what it is. Let us take this opportunity to extend our support and offer our services in any endeavor directed to the benefit of the City of Miami. Very Truly yours, ��alUis S ines President i Eloy B. • r Secretary CENTEO OE INFORMACION - INFORMATION CENTER inf.rr 41S Son dedu.',hrr,'Ie rripuesim . All donation. are fully tax deductible T� DOWNTOWN PERFORMING ARTS CENTER By George Volsky Last July, when at the request of the Greater Miami Chamber of Commerce the Dade County Council of Arts and Sciences undertook the responsibility for planning a center for the performing arts in downtown Miami, it was fully aware of the import- ance of the task at hand. Now, half a year later, based on reports of the Council's Performing Arts District Committee chaired by Mrs. Tina Hills, the DCCAS is more certain than ever that the creation of the Performing Arts Center should be the principal goal of the area's cultural community. While the Committee's work is still in its early stages, one fact has become apparent from its preliminary studies. An urban area like ours to have any meaning, let alone to clain national relevance, needs to develop two elements that must coexist and nurture each other: a vibrant city core and a Performing Arts Center. The existence of a successful Performing Arts Center in the city's core is not only a matter of prestige, it is also economically profitable for the entire city, and it enriches materially and spiritually all of its people. The Committee visualizes the Performing Arts Center as being operational no sooner than 1985. By then the downtown will become the real focal point of the Metropolitan area and the arts will be among the city's greatest economic and social strengths. The Center will increase tourism and give stimulus to business expansion. It will serve as an added inducement for financial institutions and other enterprises to re- locate here, and will provide new support for arts -related industries already ii ence, such as the recording sector, advertising and fashion. It will increase I revenue for the municipal budget in much higher proportion than other land user, Perhaps most important, it will stamp an imprint of sophistication and culture i downtown and the entire city. Downtown Miami within a decade will be entirely different from what it is today 1990 it will be the commercial, residential and entertainment heart of the Coun and like a magnet, it will draw people from all over the Metropolitan Area. Th figures of downtown's estimated population tell part of the story. Today 6,000 live in the area and close to 80,000 persons work there. By 1990, downtown wil 35,000 permanent residents; 250,000 people will be going there daily to work an and another 100,000 locals and tourists will visit it to shop or just to stroll r/ ' ----......._ VYYr1•+-._ 11 hp CI11)1eCt is ■ i r f MZD077 (120q) ( 1— 125552G C21 ) PD C 1 /21 /7 I 1 207 ICS IPMIIRA IISS ` IISS F M TRT 21 1207 PMS MIAMI FL TN8607 XPA227 021110273702 UTNX CO UTFL 121 MIAMIFLO TLX FM SANJUANPR 121/11E 21 11_9 VIt TRI MAYOR MAURICE FERRE aND MIAMI CITY CON^' CITY WALL 3500 PAN AN DRIVE MIAMIFLORIDA I REGRET EXCEEDINGLY NOT FEINdj �'PLE TC ^TTEND THE PUPLIC HEARING ON THURSDAY9 JANUtRY 22 RFG,RDI'JG ;uE FUTURE USE OF THE FEC PROPERTY. AS A MEMPER OF YETRCPDL ITAN D1DE CCUNC IL OF =RT: -*ND SCIENCES AND CHAIR"' OF ITS DISTRICT FOR TYE K FORYIN3 SF•1201 (R5-69) 0 11 r DOWNTOI•N PERFOMMING ARTS CENTER By George Volsky Last July, when at the request of the Greater Miami Chamber of Commerce the Dade Count,: Council of Arts and Sciences undertook the responsibility for planning a center for the performing arts in dourntown Miami, it was fully aware of the import- ance of the task at hand. Now, half a year later, based on reports of the Council's Performing Arts District Committee chaired by Mrs. Tina Hills, the DCCAS is more certain than ever that the creation of the Performing Arts Center should be the principal goal of the area's cultural community. While the Committee's work is still in its early stages, one fact has become apparent from its preliminary studies. An urban area like ours to have any meaning, let alone to clain national relevance, needs to develop two elements that must coexist and nurture each other: a vibrant city core and a Performing Arts Center. The existence of a successful Performing Arts Center in the city's core is not only a matter of prestige, it is also economically profitable for the entire city, and it enriches materially and spiritually all of its people. The Committee visualizes the Performing Arts Center as being operational no sooner than 1985. By then the downtot:ai will become the real focal point of the :tetropolitan area and the arts ;..,ill be among the city's greatest economic and social strengths. The Center will increase tourism and give stimulus to business expansion. It will serve as an added inducement for financial institutions and other enterprises to re- locate here, and will provide new support for arts -related industries already in exist- ence, such as the recording sector, advertising and fashion. It will increase tax revenue for the municipal budget in much higher proportion than other land users. Perhaps most important, it will stamp an imprint of sophistication and culture on the do%,aito,.;n and the entire city. Downrol-m Miami within a decade wLll be entirely different from what it is today. By 1990 it will bu thu commercial, residential and entertainment heart of the County, and like a magnet, it will draw people from all over the Metropolitan Area. The figures of downtot;n's estimated population tell part of the story. Today 6,000 people live in the area and close to 80,000 persons work there. by 1990, downtown will have 35,000 permanent residents; 250,000 people will be going there daily to work and study and another 100,000 locals and tourists will visit it to shop or just to stroll. Downtown residents will be generally well-to-do young and middle aged persons. Living in about 10,000 modern housing units near the Bay, they will be the pace- setters of a new Miami lifestyle, similar to that of San Francisco but with a distinct tropical. flavor. The Rapid Transit System and the People Mover will make downtown much more accessible than it is today. Large number of outdoor cafes, elegant department stores and the proximity of a park will make walking a new form of entertainment. Higher population density and better lighting and policing will make downtown probably safer than any other area of the County. About three million people will be passing through downtown annually to board cruise ships, and increasing- ly these tourist will stay a day or so here to savor the unique South Florida life- style. - All these people will be the potential patrons of the Performing Arts Center. Indeed most of them would regard our hesitation to seriously consider its creation an egregious mistake. The DCCAS believes that if Miami aspires to be the cultural capital of the Southeast, if it wishes to sustain its progress, and it if wants to radically enhance its perception nationally and internationally, then it must throw its full support behind the plan to create a first rate Performing Arts Center in downto�-m Miami.