HomeMy WebLinkAboutTAB A.13 Proposed Development Agreement (2)A.13 PROPOSED DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT BETWEEN
CITY OF MIAMI, FLORIDA AND SWIRE
PROPERTIES, REGARDING DEVELOPMENT
OF THE BRICKELL CITICENTRE PROJECT
THIS AGREEMENT is entered this day of July, 2011, by and between Swire
Properties, Inc., a Florida for profit corporation ("Swire"), and the CITY OF MIAMI,
FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City")
(Swire and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, Swire holds fee simple title to 9.03 acres of property in the Brickell area of
downtown Miami,
WHEREAS, the property is more specifically%located south of the Mlar, a River, west of
Brickell Avenue, north of SW 8` Street and east of NW lst Avenue (the "Property",sketch and
legal descriptions of which are attached as Exhibit "A'
routes;
WHEREAS, the Property spans, four city blocks and *located between two mass transit
WHEREAS, the Property is currehtlyun"
vacant, undeveloped lots secured by chain link fenc
tf
ized in that'predominantly consists of
WHEREAS, the current status of the Property is inconsistent with the City's vision to
develop a world class /downto.wiV and the City, wishes to encourage redevelopment of the
Property;
WHEREAS, Swire
pedestrian oriented;urban develo
needed xetal for the B14lel1 an
op- the Property into a high -density, mixed -use,
went known'as Brickell CitiCentre which will provide much
f,.
,town area of Miami (the "Project");
m•
REAS, a process., exists within the City's zoning Code ("Miami 21") which allows
parcels of more than nine altttting acres to be master planned to allow greater integration of
public improvements and infrastructure, and greater flexibility so as to result in higher or
specialized quality.b`uilding ,and streetscape design;
WHEREAS, tle,result of this master planning process is known as a "Special Area Plan"
or "SAP;
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City;
WHEREAS, the City and Swire wish to rezone the Property from T6-48B-0 to Brickell
CitiCenter SAP in order to encourage redevelopment of the Property and effectuate the Project;
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WHEREAS, this Development Agreement ("Agreement") satisfies the requirement set
forth in Miami 21;
WHEREAS, the City and Swire wish for development of the Project to proceed
substantially in accordance with the Regulating Plan and Design Guidelines attached as Exhibit
"B" ("Regulating Plan and Design Guidelines") and the Conceptual Site Plan attached as
Exhibit "C" ("Conceptual Site Plan");
WHEREAS, the Property is designated Restricted Commercial., with an Urban Central
Business District Overlay, in the Miami Comprehensive Neighborhood Plan (the
"Comprehensive Plan");
WHEREAS, the City and Swire wish for development o
manner which is consistent with the Comprehensive Plan
WHEREAS, the Project is located in the Do,wntownDevelopment
("DDRI");
roject to proceed in a
egional Impact
WHEREAS, as of the Effective Date, the DDRT has sufffic ent development capacity to
accommodate the Project and Swire has reserved such capacity through appropriate means with
the City;
WHEREAS, the lack of certainty in the approval of develo rrient can result in a waste of
ou economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage - commitment to comprehensive
planning;
laws and policies, subject
planning process, encourages sound "capital improvement planning and financing, assists in
assuring theref are adequate. capital facilities for the development, encourages private
participation in comprehiensve planning, and reduces the economic costs of development;
WHEREAS, assurance to ;a) developer that it may proceed in accordance with existing
e conditions of a development agreement, strengthens the public
REAS, the City; Commission pursuant to Ordinance No. 11-XX, adopted July XX,
2011 has authorized the City Manager to execute this Agreement upon the terms and conditions
as set forth be v , and the Boakds of Directors have authorized Swire to execute this Agreement
upon the terms and eonditionsf'set forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained,,.the parties mutually agree and bind themselves as set forth herein:
Section 1. Consideration. .
Section 2. Rules of Legal Construction.
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i
Section 3. Definitions.
Section 4. Purpose.
Section 5. Intent.
Section 6. Applicability.
Section 7. Term of Agreement, Effective Date an Binding,,Effect.
Section 8.
Permitted Development Uses and Building tniebs,ities.
Section 9. Connectivity.
Section 10. Project Approval
Section 13. Local Development Permits.
Section 14. Consistency with Comprehensive Plan.
Section 15. Necessity of Complying with Local Regulations Relative to Development
Permits.
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Section 16. Reservation of Development Rights.
Section 17. Brickell Trolley.
Section 18. Annual Review.
Section 19. Notices.
f a,�
Section 20. Exclusive Venue, Choice of Law, SpecficrPerformance.
Section 21. Voluntary Compliance.
Section 22. No Oral Change orgermination.
Section 23. Com
Section
epresentatives.
<�
<gr.
Section 25. No xclusive'Remedies.
Section 26. Failure to Exercise Rights not a Waiver: Waiver Provisions.
Section 27. Events of Default.
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Section 28. Remedies Upon Default
Section 29. Severability.
Section 30. Assignment and Transfer.
Section 31. Obligations Surviving Termination Hereof.
Section 32. Lack of Agency Relationship.
Section 33. Cooperation; Expedited Permitting and Timers of the Essence.
Section 34. Enforcement.
Section 35. Amendment or Termination by Mutual .Consent.
Section
Section 37.
o,. Conflict ofInterest.
Section 38. No Third -Party Beneficiary.
Section 39. Counterparts.
NOW, WETERBOF, the City and Swire have caused this Agreement to be duly executed.
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[Signature blocks for City and Swire]
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SWIRE PROPERTIES, INC, a Florida for profit corporation
BY:
Name:
Title:
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CITY OF MIAMI, FLORIDA
BY:
Name:
Title:
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Legal Descr
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Exhibit "B
Conceptual Site Plan
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Exhibit "C'
Brickell CitiCentre Regulating Plan anclwDesign Guidelines
r - fs
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