HomeMy WebLinkAboutCRA-R-23-0034 Scrivener's Error MemoSEOPW CRA Board of Commissioners Meeting
July 27, 2023
f0l3 , ?i -3 p , 1 : 55 SOUTI-IEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
p ^ INTER -OFFICE MEMORANDUM
CrifE
Todd Hannon
City Clerk
Date: July 27, 2023 File: 14360
Subject: Scrivener's Error — Resolution Approving an
Amendment to the Restrictive Covenant
between the SEOPW CRA and Block 55
Residential Partners, L.P.
From: Vincent T. Brown, Esq. References:
SEOPW CRA, Staff Counsel
Enclosures:
The July 27, 2023, Resolution, approving, and adopting the Southeast Overtown/Park West Community
Redevelopment Agency ("SEOPW CRA") a Restrictive Covenant (EXHIBIT "B") between the SEOPW CRA
and Block 55 Residential Partners, L.P., correcting the date of completion for the Sawyer Walk Project from
March 2, 2024, to March 1, 2025, contained a scrivener's error in Attachment File #14360 — "Resolution".
Whereas, within the first paragraph of the Resolution the entity name is misspelled and shall now read
as follows: "SAWYER" and the Amendment to the Restrictive Covenant, Exhibit "A" shall now read, Exhibit
"B„
Whereas, the body of the resolution the information was cut off and therefore shall now read as follows:
"4.5. Failure to Complete the Project. If the Developer has not achieved Completion on or prior
to the Completion Date, as automatically extended one day for each day of Unavoidable Delay, and as
same may be extended in accordance with Section 4.3, the Developer shall pay to the CRA, as
liquidated damages, Ten Thousand and No/100 Dollars ($10,000.00) per day for each day from
Completion Date, as same may be extended until Completion."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE
SOUTHEAST OVERTOWN/PARK 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, as attached hereto and incorporated
herein as Exhibit "B", and approves the terms contained therein.
Section 3. The Executive Director is authorized to execute any and all documents all -in
forms acceptable to the General Counsel required to consummate the transaction.
Section 4. Sections of this Resolution may be renumbered or re -lettered and correction of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
h 436.20-Sal V,ecei`s Er, -or 14eMo
Executive Director's designee, without need of a public hearing, by filing a corrected copy of the same
with the SEOPW CRA Board Clerk.
Section 5. This Resolution shall become effective immediately upon its adoption."
Whereas, Exhibit "A" file updated to reflect "Resolution CRA-R-23-0017"
Vincent T. Brown, Esq.
SEOPW CRA, Staff Counsel
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-23 i u 034
44,3
File Number: 14360
Final Action bate:7/27/2023
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), AMENDING RESOLUTION NUMBER
CRA-R-23-0017, INCORPORATED HEREIN AS EXHIBIT "A"; CORRECTING THE
DATE OF COMPLETION FOR THE SAWYER WALK PROJECT IN THE
AMENDED RESTRICTIVE COVENANT FROM MARCH 1, 2024 TO MARCH 1,
2025, HEREIN INCORPORATED AS EXHIBIT "B"; AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS
REQUIRED TO EFFECTUATE THIS RESOLUTION AND THE AMENDMENT TO
THE RESTRICTIVE COVENANT, EXHIBIT "B"; PROVIDING FOR
INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Update Southeast Overtown/Park West Community Redevelopment
Plan Update ("Plan"); and
WHEREAS, The SEOPW CRA approved resolution CRA-R-23-0017 on April 27, 2023; and
WHEREAS; Exhibit '`A" to resolution CRA-R-23-0017 had the incorrect date of completion as
March 2, 2024, instead of March 1, 2025, and
WHEREAS, Exhibit "B" corrects the date of completion to March 1, 2025; and
WHEREAS, Exhibit "B" attached hereto and incorporated herein and contains, in part, the
following:
1. Amendments.
(a) The second sentence of Section 4.1 of the Covenant is
hereby amended, restated and replaced in its entirety as follows:
"The Developer shall complete the Project, including Sawyer's Walk, as
hereinafter defined. substantially in accordance with the Plans as
evidenced by temporary and permanent certificates of occupancy for all of
the Residential Units included in the Plans and temporary certificates of
completion (or their equivalent) (with cold and dark shells for their
interiors) for all other components of the improvements comprising the
Project as reflected on the Plans ("Completion") on or before March 1,
2025 (the "Completion Date")."
City of Miami Page 1 of 2 File ID: 14360 (Revision: A) Printed On: 8/3/2023
File ID: 14360 Enactment Number: CRA-R-23-0034
(b) Section 4.5 of the Covenant is hereby amended and restated
to read as follows:
"4.5. Failure to Complete the Project. If the Developer has not achieved
Completion on or prior to the Completion Date, as automatically extended
one day for each day of Unavoidable Delay, and as same may be extended
in accordance with Section 4.3, the Developer shall pay to the CRA, as
liquidated damages, Ten Thousand and No/100 Dollars ($10,000.00) per
day for each day from Completion Date, as same may be extended until
Completion."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK 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, as attached hereto and incorporated herein
as Exhibit "B", and approves the terms contained therein.
Section 3. The Executive Director is authorized to execute any and all documents all -in
forms acceptable to the General Counsel required to consummate the transaction.
Section 4. Sections of this Resolution may be renumbered or re -lettered and correction of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need of a public hearing, by filing a corrected copy of the same
with the SEOPW CRA Board Clerk.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ounsel 7/20/2023
City of Miami
Page 2 of 2 File ID: 14360 (Revision: A) Printed on: 8/3/2023
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
PM L : 55
CRA Resolution: CRA-R-23-0034 =' `'
File Number: 14360
Final Action Date:7/27/2023
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), AMENDING RESOLUTION NUMBER
CRA-R-23-0017, INCORPORATED HEREIN AS EXHIBIT "A"; CORRECTING THE
DATE OF COMPLETION FOR THE SWAYER WALK PROJECT IN THE
AMENDED RESTRICTIVE COVENANT FROM MARCH 1, 2024 TO MARCH 1,
2025, HEREIN INCORPORATED AS EXHIBIT "B"; AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS
REQUIRED TO EFFECTUATE THIS RESOLUTION AND THE AMENDMENT TO
THE RESTRICTIVE COVENANT, EXHIBIT "A"; PROVIDING FOR
INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Update Southeast Overtown/Park West Community Redevelopment
Plan Update ("Plan"); and
WHEREAS, The SEOPW CRA approved resolution CRA-R-23-0017 on April 27, 2023; and
WHEREAS; Exhibit '`A" to resolution CRA-R-23-0017 had the incorrect date of completion as
March 2, 2024, instead of March 1, 2025, and
WHEREAS, Exhibit "B" corrects the date of completion to March I, 2025; and
WHEREAS, Exhibit "B" attached hereto and incorporated herein and contains, in part, the
following:
1. Amendments.
(a) The second sentence of Section 4.1 of the Covenant is
hereby amended, restated and replaced in its entirety as follows:
"The Developer shall complete the Project, including Sawyer's Walk, as
hereinafter defined, substantially in accordance with the Plans as
evidenced by temporary and permanent certificates of occupancy for all of
the Residential Units included in the Plans and temporary certificates of
completion (or their equivalent) (with cold and dark shells for their
interiors) for all other components of the improvements comprising the
Project as reflected on the Plans ("Completion") on or before March 1,
2025 (the "Completion Date")."
(b) Section 4.5 of the Covenant is hereby amended and restated
to read as follows:
City of Miami Page 1 of 2 File ID: 14360 (Revision:) Printed On: 8/3/2023
File ID: 14360 Enactment Number: CRA-R-23-0034
"4.5. Failure to Complete the Project. If the Developer has not achieved Completion on or
prior to the Completion Date, as automatically extended one day for each day of Unavoidable
Delay, and as same may be extended in accordance with Section 4.3, the Developer shall pay to
the CRA, as liquidated damages, Ten Thousand and No/100 Dollars ($10,000.00) per
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
V' e r ounsel
7/20/2023
City of Miami
Page 2 of 2 File ID: 14360 (Revision:) Printed on: 8/3/2023
Exhibit "A"
Southeast Overtown/Park West
Community Redevelopment Agency
File Number: 13891
Legislation
CRA Resolution: CRA-R-23-00''I `-,:y { i
-a ryr�n l`�tin PM ...3 M '14•u5
k C
Final Action Date:4/27/2023
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE AN AMENDMENT TO THE BLOCK 55 RESTRICTIVE
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
SEOPW CRA AND THE BLOCK 55 OWNER, LLC, A FLORIDA LIMITED
LIABILITY COMPANY ("DEVELOPER"), FOR THE PURPOSE STATED HEREIN;
PROVIDING FOR THE INCORPORATION OF RECITALS; AND PROVIDED FOR
AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out community redevelopment activities and projects within its
Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community
Redevelopment Plan ("Plan"); and
WHEREAS, on September 2, 2020, Block 55 Owner, LLC, a Florida limited liability
company ("Developer") and the SEOPW CRA entered into that certain Block 55 Restrictive
Covenant recorded on September 11, 2020, in Official Records Book 32095, Page 3457 of the
Public Records of Miami -Dade County, Florida (the "Covenant"); and
WHEREAS, Owner is the current owner of the Property pursuant to that certain Special
Warranty Deed recorded on September 11, 2020, in Official Records Book 32095, Page 3453
of the Public Records of Miami -Dade County, Florida; and
WHEREAS, Developer and the SEOPW CRA desire to amend the Covenant as set forth
in Exhibit "A", attached and incorporated herein and;
WHEREAS the amendment to the Covenant, attached and incorporated herein as Exhibit "A",
and contains, in part, the following:
(a) The second sentence of Section 4.1 of the Covenant is hereby amended,
restated and replaced in its entirety as follows: "The Developer shall complete the
Project, including Sawyer's Walk, as hereinafter defined, substantially in accordance with the Plan
as evidenced by temporary and permanent certificates of occupancy for all of the Residential Units
included in the Plans and temporary certificates of completion (or their equivalent) (with cold and
dark shells for their interiors) for all other components of the improvements comprising the Project
as reflected on the Plans ("Completion") on or before forty-two (42) months after the
Commencement of Construction (the "Completion Date")."
Section 4.5 of the Covenant is hereby amended, restated and replaced in its
entirety as follows:
"4.5. Failure to Complete the Project. If the Developer has not achieved
City of Miami
Page 1 of 2 File ID: 13891 (Revision:) Printed On: 4/28/2023
File ID: 13891 Enactment Number: CRA-R-23-0017
Completion on or prior to the Completion Date, as automatically extended
one day for each day of Unavoidable Delay, and as same may be extended
in accordance with Section 4.3, the Developer shall pay to the CRA, as
liquidated damages, Ten Thousand and No/100 Dollars ($10,000.00) per
day for each day from Completion Date, as same may be extended until
Completion."
(b) Section 12.2.3 of the Covenant is hereby amended, restated and replaced in
its entirety as follows:
"12.2.3. Reductions of Incentive Payments. If the entire Project is not
Substantially Completed and on the Tax Rolls on or before January 1, 2025,
as such date is extended as a result of Unavoidable Delays, the Incentive
Payments shall be reduced by ten percent (10%) for or the Term of this
Covenant. If the entire Project is not Substantially Completed and on the
Tax Rolls by January 1, 2026, as such date is extended as a result of
Unavoidable Delays, the Incentive Payment shall be reduced by twenty
percent (20%) for the Term of this Covenant. If the entire Project is not
Substantially Completed by January 1, 2028, as such date is extended as a
result of Unavoidable Delays, the SEOPW CRA shall not be obligated to
make any Incentive Payments to the Developer."
WHEREAS, it is in the best interest of the SEOPW CRA to authorize an amendment to the
Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE SOUTHEAST OVERTOWN/PARK 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 authorizes the Executive Director to
amend the Covenant, as stated in Exhibit "A,", attached and incorporated herein.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Ne r + I 4/20/2023
{ Cali
•
City of Miami
Page 2 of 2 File ID: 13891 (Revision:) Printed on: 4/28/2023