HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00433 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE RELEASE TO BE EXECUTED BY SAWYER'S WALK, LTD. AND
ITS PARTNERS AND POINCIANA VILLAGE OF MIAMI, LTD. AND ITS PARTNERS,
IN SUBSTANTIALLY THE ATTACHED FORM ("SAWYER'S WALK RELEASE") AND
INDEMNIFICATION AGREEMENT TO BE EXECUTED BY SAWYER'S WALK, LTD.
AND POINCIANA VILLAGE OF MIAMI, LTD., IN SUBSTANTIALLY THE ATTACHED
FORM ("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
("CITY"), THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY ("COUNTY"), DATED
MAY 9, 2013 ("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 Overtown/Park 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 ("Plan"); and
WHEREAS, Section 2, Goal 3/Principles 2 and 3, on pages 12 and 14 of the Plan, lists creating
infill housing, and developing a variety of housing options as stated redevelopment goals; and
WHEREAS, Section 2, Goal 3/Principle 4, on 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 ("City") and Miami -Dade County
("County") entered into that certain settlement agreement regarding Blocks 36, 45 and 56 of NORTH,
CITY OF MIAMI, Plat Book "B" at Page 41 ("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 All Aboard Florida
NW Sixth Street, LLC ("All Aboard"), as the developers selected by the CRA, and approved by the
County for the development of Blocks 45 and 56, have both requested that the CRA, the City and the
City of Miami Page 1 of 2 File Id: 14-00433 (Version: 1) Printed On: 4/29/2014
File Number: 14-00433
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 City Commission 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 COMMISSION 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 as fully set forth in this Section.
Section 2. The City Commission 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 and All Aboard provide the Indemnification Agreement as defined in the
Settlement Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APP OVED AS TO FORM AND CORRECTNESS:
r
V CTORIA M NDEZ
CITY ATTORNEY 1'�.1
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 14-00433 (Version: 1) Printed On: 4/29/2014