Loading...
HomeMy WebLinkAboutSubmittal - Richard Perez - Term SheetSubmitted into the record,for item(s on ublie City Clerk THIS DOCUMENT IS A SUBSTITUTION. BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TERM SHEET PROPOSED GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC This Tenn Sheet outlines the basis upon which the City of Miami (the "City") would lease to Miami Freedom Park, LLC ("M FP") certain real property owned by the City and generally located at 1400 N.W. 37`1' Avenue, Miami, Florida 33125. The proposed transaction is subject to: (i) approval by the City's qualified electors of an amendment to Section 29-B of the City's Charter, as amended, to authorize the City Commission to waive competitive bidding and negotiate a Ground Lease and Master Development Agreement (the "Lease") with MFP; and (ii) the negotiation, execution and delivery by the City and MFP of a mutually acceptable and legally binding definitive Lease consistent with the following provisions: 1. Leased Premises and Term: 2, Permitted Uses: FILE NO. 4450 Approximately seventy-three (73) acres (the "Leased Premises") of the property generally located at 1400 N.W. 37t' Avenue, Miami, Florida 33125, identified as all or portions of folio numbers 01-3132-000-0080 and 01-3132-000-0090, currently known as the Melreese Golf Course (the "Property"). The term will be 39 years, with MFP's option to extend for two additional 30-year periods, for a total term of up to 99-years. Construction, development and use of: (i) a professional soccer complex inclusive of an approximately 25,000 seat stadium and related facilities (the "Soccer Stadium"); and (ii) ancillary development, including, but not limited to, (a) a minimum of 1,000,000 square feet of office, retail and entcrtairunent uses, and (b) approximately 750 hotel rooms and conference center (the "Ancillary Development"). (ps7 Odivvci Pkg-ez 3. Annual Rent: 4. No City Funding 5. Capital Transaction Fee: 6. Public Park: Submitted into the public n_ recor for i em(s) +T on City Clerk Annual rent payable to the City by MFP will be equal to the greater of (a) the Fair Market Value of the Leased Premises or (b) 5.0% of the Rent, but under no circumstances less than $3,577,000 per year. The "Fair Market Value" will be based on the highest and best use of the Demise. Premises taking into consideration the actual cost of environmental remediation for the Property, the site development cost for the Park (as defined below), and such other impositions and limitations on the use of the Property consistent with the Uniform Standards of Professional Appraisal Practice). The Fair Market Value will be determined through the selection of independent appraisers through a process mutually acceptable to the parties. The term "Rent" will mean the gross rent revenue derived by MFP from the lease of the soccer stadium and any portion of the Ancillary Development en the Demised Premises exclusive of the Demised Premises' pass -through operating expenses paid by tenants to MFP under such leases. MFP, at no cost to the City, will fund the development of the Soccer Stadium and the Ancillary Development. For avoidance of doubt, the City will have no obligation to pay for any portion of the development of the Soccer Stadium or the Ancillary Development, including any cost associated with the environmental remediation of the Leased Premises. To the extent MFP seeks Federal or State economic incentives, the City shall not be responsible for any matching contribution, which may be required. MFP will pay to the City an amount equal to 1 % of the gross proceeds received by MFP from any Capital Transaction. The phrase "Capital Transaction" means any transfer of the interests of MFP in the Lease which results in a change of control or other similar transaction. On or prior to the issuance of a certificate of occupany for the Soccer Stadium, MFP will complete the site development work for the approximately 58 acre public park adjacent to the Demised Premises (the 2 Submitted into the public record or it m(s) on City Clerk "Park"). The site development work will consist of (i) the environmental remediation necessary for the public use of the Park, and (ii) such draining, dredging, excavating, filling, grading, and earthwork as necessary to complete the Park pursuant to the specifications set forth in the Lease. 7. Additional Park Contribution In addition to the annual rent and the site development and Baywalk-River%valk for the Park, MFP will contribute to the City Comniittment: $20,000,000, payable over 30 years in equal annual installinents, for improvements to greenspace and parks. In addition to the $20,000,000 for improvements to greenspace and parks, MFP will contribute an additional $5,000,000 for the completion of the City's Baywalk-Riverwalk Project. 8. No Net Loss: 9. Environmental Remediation: MFP will comply with the existing No Net Loss Policy in the City of Miami Comprehensive Plan. The amount of acreage required to comply with such policy, as a result of the rezoning of such property, will be satisfied prior to the issuance of a certificate of occupancy for any structures in the rezoned property. MFP will be responsible for all environmental remediation of the Property, including the Park and the Leased Premises. The environmental reznecliation plans will be developed by MFP, at its sole cost, and will be subject to approval by the Miami -Dade County Department of Environmental Resources Management. MFP currently estimates that the environmental remediation costs for the development will be approximately $35 million. 10. Living Wage and Labor Peace Covered Employees will be paid a living wage of no Agreement: less than $15.00 per hour without health benefits; or a living wage of no less than $13.19 an hour with health benefits (the "Living Wage"). The phrase "Covered Employees" means those hourly employees of MFP who primarily work at the Demised Premises. In addition, MFP will establish a policy that tenants at the Demised Premises will pay a Living Wage to their employees primarily working at the Demised Premises based on a sliding scale implemented over 4 years commencing at $11.00 per hour. The sliding scale will apply to employees and service providers at the soccer stadium, The policy 3 11. First Tee Commitment: 12. Professional Services Agreement Termination Fee: 13. Open Soccer Fields Submitted into the public record or it (s) R oA- on shall not apply to employees primarily receiving compensation through tips, MFP will provide incentives to qualified small businesses to encourage them to provide a Living Wage to their employees, MFP has commenced negotiations with Unite Here, Local 355, on a Labor Peace Agreement. 20% of construction force will be union labor. MFP will make available space within the Ancillary Development to the First Tee Program for its educational programs and will design a golf facility, with the consent of the City, to include driving ranges and other amenities for use by the First Tee Program, The Professional Services Agreement between the City and Dclucca Enterprises, Inc., terminates on September 30, 2021 (the "PSA"). The PSA provides the City the right to terminate the PSA prior to such termination date, which may require the payment of a termination fee. if required to terminate the PSA; MFP will reimburse the City for the amount of such termination fee. The Project will include an elevated platform with public use soccer fields over the 23 acres of ground floor parking. 4 City Clerk Submitted into the public record or it s)� or on r City Clerk SUBSTITUTED, TERM SHEET PROPOSED GROUND LEASE AND MASTER DEVELOPMENT AGREEMEN BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC' July 18, 2018 This Term Sheet outlines the basis upon which the City of Miami (the "City") w.uld lease to Miami Freedom Park, LLC ("MFP") certain real property owned by the City and g erally located at 1400 N.W. 371h Avenue, Miami, Florida 33125. The proposed transaction s subject to: (i) approval by the City's qualified electors of an amendment to Section 29-B of he City's Charter, as amended, to authorize the City Commission to waive competitive bimg and negotiate a Ground Lease and Master Development Agreement (the "Lease") w' h MFP; and (ii) the negotiation, execution and delivery by the City and MFP of a rn.utua : acceptable and legally binding definitive Lease consistent with the following provisions: I. Demised Premises and Term:: Approximately seve y-three (73) acres (the "Demised Premise of the property generally located at 1400 . 37th Avenue, Miami, Florida 33125, identifie as all or portions of folio numbers 01-3132-000-1 80 and 01-3132-000-0090, currently known as tit Melreese Golf Course (the "Property"). The term ill be 39 years, with MFP's option to extend ••r two additional 30-year periods, for a total term • up to 99-years. 2. Permitted Uses: 3. Annual Rent: C tstruction, development and use of: (i) a rofessional soccer complex inclusive of an approximately 25,000 seat stadium and related facilities (the "Soccer Stadium"); and (ii) ancillary development, including, but not limited to, (a) a minimum of 1,000,000 square feet of office, retail and entertainment uses, and (b) approximately 750 hotel rooms and conference center (the "Ancillary Development"). Annual rent payable to the City by MFP will be equal to the greater of (a) the Fair Market Value of the Demised Premises or (b) 5.0% of the Rent, but under no circumstances less than $3,577,000 per year. The "Fair Market Value" will be based on the highest and best use of the Demised Premises taking into consideration the actual cost of environmental remediation for the Property, the site development cost for the Park (as defined below), and such other impositions and limitations on the use of the Properly consistent with the Uniform Standards of Professional Appraisal Practice). The Fair Market Value will be determined through the selection of independent 1 Term Sheet Submitted into the public recor for it m(s) on City Clerk 4. No City Funding: SUBSTITUTED. appraisers through a process mutually ace Eatable to the parties. The term "Rent" will mean th gross rent revenue derived by MFP or its affiliates om the lease of the soccer stadium and any portion the Ancillary Development on the Despised Pren ses exclusive of the Demised Premises' pass- rough operating expenses paid by tenants to MFP under such leases. MFP, at no cost to the City, 1 fund the development of the Soccer Stadia and the Ancillary Development. For avoi. nee of doubt, the City will have no obligation to pay for any portion of the development of the rccer Stadium or the Ancillary Development, incl ring any cost associated with the environmental re ediation of the Demised Premises. To the extent 4 P seeks Federal or State economic incentives, t r City shall not be responsible for any matching c+ tribution, which may be required. 5. Capital Transactions Fee: MFP w pay to the City an amount equal to 1% of the gri s proceeds received by MFP from any Capital Tra . action. The phrase "Capital Transaction" means as , transfer of the interests of MFP in the Lease which sults in a change of control or other similar transaction. 6. Public Park: On or prior to the issuance of a certificate of occupany for the Soccer Stadium, MFP will complete the site development work for the approximately 58 acre public park adjacent to the Demised Premises (the "Park"). The site development work will consist of (i) the environmental remediation necessary for the public use of the deliverable Park, and (ii) such draining, dredging, excavating, filling, grading, and earthwork as necessary to complete the Park pursuant to the specifications set forth in the Lease. 7. Additio al Park Contribution In addition to the annual rent and the site development and 9 yywalk-Riverwalk for the Park, MFP will contribute to the City Co rnrt.ttstent: $20,000,000, payable over 30 years in equal annual installments, for improvements to greenspace and parks. In addition to the $20,000,000 for improvements to greenspace and parks, MFP will contribute an additional $5,000,000 for the completion of the City's Baywalk-Riverwalk Project. Term Sheet Submitted into the pu rccor for 'tem(s) on t X 8. No Net Loss: City Clerk SUBSTITUTED. MFP will comply with the existing No et. Loss Policy in the City of Miami Comprehensiv- Plan. The amount of acreage required to coinp. with such policy, as a result of the rezoning o such property, will be satisfied prior to the issuane f a certificate of occupany for any structures in the ezoned property. 9. EnvironmentalRemcdiation: MFP will be responsible r all environmental rerediation of the Property. ineluding the Park and the Demised Premises The environmental rernediation plans will . developed by MFP, at its sole cost, and will h i subject to approval by the Miami -Dade County lepartnlent of Environmental Resources Manag lent. MFP currently estimates that the environ 1ental remediation costs for the development w be approximately $35 million. 10. Living Wage and Labor Peace Agreement: 11. First Tee Commitment Covered Ei .loyees will be paid a living wage of no less than 5.00 per' hour without health benefits; or a living age of no less than $13. l 9 an hour with health enelts. [he phrase "Covered Employees" mea those hourly employees of MFP, its affiliates an : their service providers who primarily work at the tnised Premises. MFP has commenced egotiations with Unite .here, Local 355, on a Labor Peace Agreement. 20% of the construction workforce will be on site union labor. MFP will make available space within the Ancillary Development to the First Tee Program for its educational programs and will design a golf facility, with the consent of the City, to include driving ranges and other amenities for use by the First Tee Program. 12. Professional : crviees The Professional Services Agreement between the Agreement erinination City and Delueca Enterprises, Inc., terminates on Fee: September 30, 2021 (the "PSA"). The PSA provides the City the right to terminate the PSA prior to such termination date, which may require the payment of a termination fee. If required to terminate the PSA, MFP will reimburse the City for the amount of such termination fee. 13. Open Soccer Fields The Project will include an elevated lite platform wit r public use soccer fields over the 23 acres of ground floor parking. 3 SUBSTITUTED. l4(PI.,.119 Model -One Time impacs Prone Construction (rola1 &:lnn LaIiz'd1 ]i tipurN Eta atnrnic Impact from Coal lrurlitin +tti11'llawe' Impact Type Di reel Effect Indinxl Meet !adutte/ Ellixt Total F. fleet I.. MI) inymrnr Leh r In c+lmc Total Value Mdad Ourp OY 7,767 5381,776,318 5531,163.072 S967,312.444 1,198 S69,667,393 S114,518.336 3208.377.243 2.453 8106,442_149 $195.097.734 $332,021.393 €1.417 5557,886,359 $840,779.692 51,507,711,080 }'ear 1 Direct Effect Indirect F.fect 1ndud Efl'ec1 Total 35. 040..t. 35.04'1/. Year 2 Year 3 I-c7G 2,722 2,722 30 420 4.20 62 859 859 288 4,001 4,00; 6.6494 ,fulrti:IN rt 1 mull of Cons temera a 'tzr 4 6.trV% ?3% 33.53°4 3.53% 3.53% Year 5. Yur G6 Year 77 Year 8 Year 9 5 6 16 274 274 274 274 80 80 42 42 42 42 163 163 87 87 57 87 759 759 403 403 403 403 1:311nr &ono; :5'. a Rc.v,i of (:nustr{ee•riun 12fflii Year 1 Yerr 2 Year 3 Y 4 Yc r S Year 6 Year 7 Year 8 Year9 Direct Effect. S 9,618.363 5 133,779,381 S 133,779,381 8 25.368,431 5 25.368.431 $ 13,465,702 8 13,465,7112 5 13,465.708 $ 13,465.705 Indirect Effect 5 1,755,178 S 24,4I2,327 5 24,472,327 S 4,629.282 5 4,629,282 S 2,457249 5 2457.249 S 2,457,249 $ 2.457,249 Induced Effect 5 2,681,669 S 37.298.663 $ 37,298.663 7,072,903 5 _ 7,072.903 5 3,754.337 5 3.754.337 5 3.754337 S 3.754,337 Total 5 14.055 210 $ 195.490.371 $ 195.490 _ x 37,070,616 5 37,070.616 5 19,677.294 S 79.677.294 S 19,677,294 S 19,677,294 Direct Effect 5 Indirect Effect $ lttdaced Effect S Total $ ear i. Year 2 49.155 $ 49.155 58,149 $ 33, • S 43.401 5 .401 5 48,863 $ 48.863 $ '01 1.;a1tur.l!mom!' Per,lnb As. tt lteyn[t ref Cute+Inicl ion j5f71.8 S's) Year 3 Year 4 Year 5atr 66 Year 7 Year 8 Year 99 44,155 $ 49.155 $ 49,155 5 49,155 $ 49,155 S 49,155 5 49,155 58,149 5 58.149 5 58,149 5 55.149 $ 58.149 S 58,149 5 58.149 43.401 $ 43,401 5 43,401 $ 43,407 $ 43.40! 3 43,401 5 43,401 48,863 5 48.863 5 48,363 5 48,363 5 48,863 S 48,863 5 48.863 I M PLR N Model- Pee urrenning Impacts 11 6innro !.1nna:d 1•arrrnnir Ie111).n:I by) nr tiClhiIttcd 111ieluNnnsf. ll I1t t4npwrntl lm pack Type I ,mpl. Im1 Labor Income le or income perdob Oirxt Effect indirect Effort lncf•,Iclxl hike/ 'Total Effect 1.498 S 325 S 409 $ _,232 64_886.50Z S 3; 40,148 S 34,697,1(50 S 92,833,810 5 43.315.42_ 40,73892 35.934.38 41,588 •11 Sport. E:.nvueuu- larl>:,a frmu Sfnhi44rcr1 1 C:rr I11in1n1ut, tSsnrlla in ) Impact Type COreed Effect radioed Effect ct maned Effect Toth' IyIIi Ct Emplpynt cot Labor In come Total Val a Added Output 50 $10064..122 513.922,536 S13.499,9,19 :0 5770.156 Sf_1Z,34e S1.666,585 64 S2,765,654 S5,068.414 58.528,397 134 S14,499,944 S20,113,294 S25_794,987. 11 tp,nl, Ecuu01114' 11111.40 (rum tildlril;, j lulr•I3I1en111nn5 I:y11 C'umnterx•i:tl Itciclrglm hx1 impact Type Direct E1 ct ladlrect Effect Induced Effect Tala1 Effect F:mp1nyment Labor Irp untie Total Value Added Oulpzt 1,435 S53,922,380 S86,150.683 SI24,5E2,860 3[5 SI2.449.992 371.237.081 S32,967,566 345 S11 931 496 S21,866,44/ S33,748, tt43 2,098 573,324,070 S139,2554,209 S191,279,274 115pnits - Leuntlnlic.ingtnct foam SG, bi1icrd liver U11c-rdinua (Lnierxalu.mcal & Ittta313 Irnpacl Type Direr Effect indirect Effect endue d Effect Total Effect E m p laymen t Labor income 412 S10,435.447 S2.215,462 S35,633.311 Total L':ioc Added S'1, S1,331.535 S5,4456.12.2 S31,392 Ott _6664,O0vi S7.431.720 34,402,347 .11 hp4rls .l:oenemie ianftrirr fpru 1,i1J141/ e11 }tar tlpOlplioo' (1 cell (en t+.r3 Impact Type Dirax ESTce3 Indirect 3ffc_a Induced Effect Employment 13? 132 Libor In numc V3,963,421 S3,261.3 32. T,..1 Value Added S35, 79;382 35.226,279 S4,947.525 Output S47.712.810 35.226 279 S7.947.32,5 Total Effnx 831 S45.970,188 957,830,616 11 'p„1t. I'x,�r.e dole IMPALA fr•ul $t:a 1141irad \'rnr..',7 icrution, LFa l Sallee./ SAACNI tiro io.flsrtelx] Impact Type Din= Erma Indirec Eff'en induced ElR¢ct Total 11reet Employ 470 115 144 Labor income S19,513,512 S6,993,201 S6.249.512 Tnta3 Wain. Added S30,758.086 SI1,679,2 7 Si 3,452.794 Output 559,165,966 V-0,306.367 S19.497,777 749 532,766,22E S61,891,048 590,996,311 SUBSTITUTED. Submitted into the p1ic record for i em(s) • r`' on �-�- City Clerk July17, 2018 Mr. Jorge Mas Dear Mr. Mas: SUBSTITUTED, You have asked us to estimate the impact on property values in surrou (ding residential neighborhoods associated with the development of a signature Miami Freed Park open at no costto the public on the site of the currently fenced Melreese Country Clu Lambert Advisory (Lambert) provided a nearly identical analysis t the Miami Downtown Development Authority (Miami DDA) in late 2017 associated th the expansion of the Miami DDA's boundary to include the underline right-of-way. pile the Underline is linear in nature,the studies have been quite consistent in their findin that well designed park and recreation facilities open at na cost to the public positively i pact real estate values under a variety of configurations. A number of national studies have indicated that the ar a of influence of a signature park an residential real estate values occurs principally wit approximately 1/3 of a mile of the park (comparatively, for commercial values the + imary area of influence is within 500 feet). The positive impact on values is appro ' ately plus 3 to 5 percent with larger signature parks such as the proposed Miami F eedom Park skewing to the higher end of that range. Based upon the findings of these udies, we have estimated the value creation which the development of the Miami Free* am Park would have on the surrounding real estate parcels as outlined below. Attached isa map of residential parce : which are within 1/3 mile eastorsouth ofthe current Melreese Country Club. Within this area, and based upodata from the Miami -Dade P-operty Appraiser, there are 1,042 residential units withi the area of influence, 636 (over 61%) of which have a homestead exemption. The ast majority of units in the area, 949 of the 1,042, are single family structures (615) or o family homes (134), The average current assessed value for single family homes is $ 5,300 and among the 34 homes which were sold in the area within 1/3 of a mile oft park between the beginning of 2016 and April 2018, the average sales price was just u der $224,000. Submitted into the public record foritem(s) on Mr. Jorge Mas City Clerk SUBSTITUTED. Applying an impact multiplier generated by a new Miami Freedom Park on the surro nding residential parcels,the average homeowner in current dollars is likely to enjoy as uch as an additional $11,000 in market value as a result of the development ofthe Fre orn Park. This benefits owners in relation to the sale price they can achieve if they decid to sell their property or as it relates to leverage for financing. Likewise, based upon a k increase in value, assessed values in the area for tax purposes would increase by ore than $6.0 million in total once the Park isoperating. To whatextentthis would impa : tax revenue over time is dependent upon each individual unit's homestead vs. non-ho stead status and how quickly homes continue to change hands inthe area. I hope this answers your questions. Should you have any further questions regarding our estimates or analysis please do not hesitate to contact me at 305) 503-4095 or via ernail: plambert@lambertadvisory,com Very truly yours, )2111/ Paul Lambert Managing Principal 2 N.1 1, Li Ai rs$-tri s NI I.:3P 1 !!.4` a-2 NW AAP N! NIS 1 1 ir! 1..W i.:11! Iv.7 Submitted into the puJi feeord for item(s) on Li )-ivrt ity Clerk ty teSi 711A1 'At Asi1; :11! AN.$ NW 7.1!il! 2301, s! NW 51,, SA N I M SW AT! NV/ •AIT; SA ;_• Nor ;1.1. ,AbiA NW aNn §U BSTIT U TED: 42, raiPn +•.• 4 $Jalwa r LJ AVi! flhS: spy: M. Ny, l'sv.°A1 V•PI 71St SI