HomeMy WebLinkAboutCRA-R-14-0008 LegislationCity of Miami
Legislation
CRA Resolution
City Hall
3600 Pan American
Chive
Miami, FL 33133
www.miarnlgay.com
I+ite Number: 14.00039 Final Action Data:
A RESOLUTION, WITH ATTACHMENT(S), OF THE BOARD OF COMMISSIONERS
OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY (THE "CRA") APPROVING THE RELEASE TO BE EXECUTED BY
SAWYER'S WALK, LTD. AND ITS PARTNERS AND POINCIANA VILLAGE OF
MIAMI, LTD. AND ITS PARTNERS IN THE FORM ATTACHED (THE "SAWYER'S
WALK RELEASE") AND INDEMNIFICATION AGREEMENT TO BE EXECUTED BY
SAWYER'S WALK, LTD. AND POINCIANA VILLAGE OF MIAMI, LTD. IN THE FORM
ATTACHED (THE "SAWYER'S WALK INDEMNIFICATION AGREEMENT") AS AN
ALTERNATE RISK MANAGEMENT SOLUTION TO REQUIRING OVERTOWN
GATEWAY PARTNERS, LLC ("OVERTOWN GATEWAY") AND ALL ABOARD
FLORIDA NW SIXTH STREET, LLC ("ALL ABOARD") FROM BEING REQUIRED TO
PROVIDE THE INDEMNIFICATION AGREEMENT CONTEMPLATED BY SECTION
7(F) OF THE SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
(THE "CITY"), THE CRAAND MIAMI-DADE COUNTY (THE "COUNTY"), DATED
MAY 9, 2013 (THE "SETTLEMENT AGREEMENT") AND REQUESTING THAT THE
CITY AND THE COUNTY APPROVE THE SAWYER'S WALK RELEASE AND
SAWYER'S WALK INDEMNIFICATION AGREEMENT AS AN ALTERNATIVE RISK
MANAGEMENT SOLUTION THEREBY WAIVING THE REQUIREMENT THAT
OVERTOWN GATEWAY AND ALL ABOARD .PROVIDE THE INDEMNIFICATION
AGREEMENTS REQUIRED UNDER THE TERMS OF THE SETTLEMENT
AGREEMENT.
WHEREAS, the Southeast OvertownlPark West Community Redevelopment Agency ("CRA.") is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan the "Flan");
and
WHEREAS, Section 2, Goal 3/Principles 2 and a, at pages 12 and 14, of the Plan lists creating
Intill housing, and developing a variety of housing options as stated redevelopment goals; and
WHEREAS, Section 2, Goal 3/Principle 4, at pages 12 and 14, of the Plan also includes the
creation of jobs within the community as a stated redevelopment goal; and
WHEREAS, on May 9, 2013 the CRA, the City of Miami (the "City") and Miami -Dade County
(the "County") entered into that certain settlement agreement regarding Blocks 36, 46 and 56 of
NORTH, CITY OF MIAMI, Plat Book "B" at Page 41 (the "Settlement Agreement"); and
WHEREAS, Section 7(f) of the Settlement Agreement requires the developers of Blocks 45
and 56 to provide an Indemnification !Agreement, as defined in the Settlement Agreement; and
WHEREAS, Overtown Gateway Partners, LLC ("Overtown Gateway") and Ali Aboard Florida
NW Sixth Street, LLC ("AU Aboard") as the developers selected by the CRA :and approved by the
County for the development of Blocks 45 and 66 have both requested that the CRA, the City and the
City of Miami Page 1 of 2 File lit 14-00039 Worsion: l) Printed . nt 1/16 201d
AIe Numbar. 14-00039
County accept the Sawyer's Walk Release and Sawyer's Walk Indemnification Agreement as an
alternative risk management solution to providing the Indemnification Agreement required by the
Settlement Agreement; and
WHEREAS, the Board of Commissioners wishes to authorize and approve the Sawyer's Walk
Release and the Sawyer's Walk Indemnification Agreement as an alternative risk management
solution as contemplated by Section 7(f) of the Settlement Agreement In lieu of requiring the
indemnification Agreement as defined in the Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOW N/PARI< WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF MIAMI, FLORIDA:
Section 1, The recitals and findings contained In the Preamble to this Resolution are
adopted by reference and incorporated herein as If fully set forth in this Section.
Section 2. The Board of Commissioners hereby approves the Sawyer's Walk Release and
the Sawyer's Walk Indemnification Agreement as an alternative risk management solution in lieu of
having Overtown Gateway Partners, LLC and All Aboard Florida NW Sixth Street, LLC provide the
indemnification Agreement as defined in the Settlement Agreement and requests the City of Miami and
Miami -Dade County also approve the Sawyer's Walk Release and the Sawyers Walk Indemnification
Agreement as an alternative risk management solution to providing the Indemnification Agreement,
thereby relieving Overtown Gateway Partners, LLC and All Aboard Florida Sixth Street, LLC from the
obligation to provide the indemnification Agreement as required by the Settlement. Agreement,
Section 3, This Resolution shall become effective immediately upon its adoption.
APPROVED AS • FORM AND LEGAL SUFFICIENCY:
JESSII N. PACHECO, ESQ.
CRA SPECIAL COUNSEL
C9 of Mlana Page 2 of 2 File Id:14-00039 (Version: I) Printed lint I/16/2014