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HomeMy WebLinkAboutSubstitution Memo from City ManagerDocusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission ,-Signed by: '-850CF6C372DD42A... FROM: Arthur Noriega V City Manager DATE: SUBJECT: R7C FIVE® 025 DEC I I AM 8: 09 Decemlxr9lbetlE CITI�'b�:ERK CITY OF MIAMI Substitution Memo — RE.13 December 11, 2025 Commission Meeting REFERENCES: File ID 18604 ENCLOSURES. Phasing Diagram (Exhibit A), Park Site Plan and Modified Concept Plan The Office of the City Manager respectfully requests that the following item be substituted in the December 11, 2025 Commission Meeting agenda: Item RE.13 is an item authorizing the City Manager to negotiate and execute an amendment to the Construction Administration Agreement ("CAA") between the City of Miami ("City") and Miami Freedom Park, LLC ("MFP"), in a form acceptable to the City Attorney, to provide for the construction of an Enhanced Park, revise park completion deadlines to a phased schedule, and modify related funding obligations ("CAA Amendment"); providing that the CAA amendment is subject to City Commission approval of a conforming amendment to the Development Agreement between the City and MFP regarding the Miami Freedom Park Special Area Plan; further authorizing the City Manager to negotiate and execute all necessary documents, including modifications to said CAA amendment, all in forms acceptable to the City Attorney, as may be necessary to effectuate the purposes set forth herein; and providing for an effective date. The legislation is being substituted to incorporate a "Phasing Diagram" as Exhibit A, which establishes a phased completion schedule for the Enhanced Park with corresponding milestone deadlines: 1. Phase 1 Improvements — includes the development of certain greenspace areas with irrigation and lighting and the installation of a dog park, all as more particularly described in the phasing diagram attached and incorporated as Exhibit A (Phasing Diagram), and shall be completed no later than the issuance of a Temporary Certificate of Occupancy (TCO) or April 2, 2026, which occurs later. 2. Phase 2 Improvements — includes additional greenspace areas with irrigation and lighting, installation of walkways and wellness loops, restrooms, pavilions, playgrounds and fitness areas and parking, as more particularly shown on the Phasing Diagram, and such improvements to be completed no later than September 15, 2026. 3. Phase 3 Improvements- include all other remaining greenspace areas with irrigation and lighting, a sports center structure, certain sports courts, and any other improvements required by the City, subject to available funding and pursuant to a timeframe to be negotiated by the City Manager. 4. Phase 4 Improvements - the fourth and final phase of the Enhanced Park shall include the woonerf road expansion as more particularly shown on the Phasing Diagram. 18100LI S±ts4114o-i rvta,vo -rro,i Cifki Docusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 The legislation is further amended to provide that MFP's failure to comply with the phasing plan described above shall result in the assessment of liquidated damages, except to the extent delays are caused by permitting or City Manager approval processes, as negotiated by the City Manager. Also included are the original Park Site Plan and the Modified Concept Plan as backup information. cc: George K. Wysong, III, City Attorney Miriam Santana, Agenda Coordinator Docusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 City of Miam c C- V E D Resolution 7025 DEC I I AM 8: 09 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Legislation _ ,, r ICE OF THE CITY CLERK CITY O File Number: 18604 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONSTRUCTION ADMINISTRATION AGREEMENT ("CAA") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI FREEDOM PARK, LLC ("MFP"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE FOR THE CONSTRUCTION OF AN ENHANCED PARK, REVISE PARK COMPLETION DEADLINES TO A PHASED SCHEDULE, AND MODIFY RELATED FUNDING OBLIGATIONS ("CAA AMENDMENT"); PROVIDING THAT THE CAA AMENDMENT IS SUBJECT TO CITY COMMISSION APPROVAL OF A CONFORMING AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MFP REGARDING THE MIAMI FREEDOM PARK SPECIAL AREA PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING MODIFICATIONS TO SAID CAA AMENDMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES SET FORTH HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the fee simple owner of approximately 131 acres of land located adjacent to the City's Grapeland Park, and generally bound on the East by Northwest 37 Avenue, on the West by Northwest 42 Avenue, on the South by Northwest 14 Street, and on the North by the municipal boundary ("Site"); and WHEREAS, in November of 2018, the electorate of the City approved a referendum to waive competitive bidding and authorize the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Site as a soccer stadium and other ancillary commercial development ("Leased Premises") and requiring MFP to provide various other public benefits, including the remediation and development of a fifty-eight (58) acre public park; and WHEREAS, pursuant to Resolution No. R-22-0156, adopted April 28, 2022, Miami Freedom Park, LLC, a Delaware Limited Liability Company ("MFP") entered into that certain Ground Lease for Soccer Stadium and that certain Ground Lease for Miami Freedom Park Commercial Development, dated as of February 9, 2023, governing the Developer's use of the Leased Premises (collectively, "Lease Agreements"); and WHEREAS, the City and MFP also entered into a Construction Administration Agreement ("CAA"), dated as of February 9, 2023, to govern the development of the Site and the provision of certain public benefits, including the delivery of the public park; and City of Miami Page 1 of 4 File ID: 18604 (Revision:) Printed On: 12/9/2025 Docusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 File ID: 18604 Enactment Number: WHEREAS, pursuant to Ordinance No. 14093, adopted on September 13, 2022 by the City Commission, the City and MFP also entered into a Development Agreement regarding the Miami Freedom Park Special Area Plan ("Development Agreement"); and WHEREAS, as part of the Ground Leases, CAA, and the Development Agreement, MFP is obligated to construct the public park located immediately adjacent to the Leased Premises ("Park") to include environmental work, turf, wellness pathways, lighting, and utilities, as set forth in Exhibit D of the CAA ("Base Park Condition"); and WHEREAS, as stipulated in the Section 3.5(A) of the CAA and Section 14(i) of the Development Agreement, MFP is also required to make two (2) Ten Million and 00/100 Dollars ($10,000,000.00) payments to the City for a total contribution of Twenty Million and 00/100 Dollars ($20,000,000.00) ("Park Fund Contribution"); and WHEREAS, pursuant to Resolution No. R-25-0040, adopted February 13, 2025, the City determined that the Park Fund Contribution be deposited in a special revenue account restricted for investment into the Park; and WHEREAS, pursuant to Resolution No. R-25-0502, adopted November 20, 2025, the City Commission authorized the City Manager to negotiate and execute various amendments to the Lease Agreements, CAA, and other related agreements, including, without limitation, a requirement that the Park Fund Contribution be used exclusively for the Park; and WHEREAS, the City has determined that it would be in the City's best interest to construct an enhanced public park beyond that set forth in the Base Park Condition, to include additional amenities such as playgrounds, volleyball courts, basketball courts, pickieball courts, restrooms, improved landscaping, and upgraded accessways and pathways, with such final design subject to City Manager approval ("Enhanced Park"); and WHEREAS, rather than demolishing the improvements constructed as part of the Base Park Condition in order to integrate additional park features, the City now desires to amend the CAA, in a form acceptable to the City Attorney, to authorize MFP to complete the Enhanced Park (the "Amendment"); and .;a WHEREAS, under the existing terms of the CAA, the Park is required to be *Al completed in accordance with the Base Park Condition on or before the issuance of a,-,m temporary or permanent certificate of occupancy for the stadium or other improvemeiW and ©-�+ rn WHEREAS, the City now desires to authorize the City Manager to revise this an requirement to establish a phased completion schedule for the Enhanced Park with 3� corresponding milestone deadlines; and rn WHEREAS, the first phase of the Enhanced Park ("Phase 1 Improvements") shall include the development of certain greenspace areas with irrigation and lighting and the installation of a dog park, all as more particularly described in the phasing diagram attached and incorporated as Exhibit A ("Phasing Diagram"), and such improvements shall be completed no later than the issuance of a temporary certificate of occupancy or April 2, 2026, whichever occurs later; and WHEREAS, the second phase of the Enhanced Park ("Phase 2 Improvements") rri City of Miami Page 2 of 4 File ID: 18604 (Revision:) Printed on: 12/9/2025 Docusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 File ID: 18604 Enactment Number: shall include additional greenspace areas with irrigation and lighting, installation of walkways and wellness loops, restrooms, pavilions, playgrounds and fitness areas, and parking, as more particularly shown on the Phasing Diagram, and such improvements shall be completed no later than September 15, 2026; and WHEREAS, the third phase of the Enhanced Park ("Phase 3 Improvements") is anticipated to include all other remaining greenspace areas with irrigation and lighting, a sports center structure, certain sports courts, and any other improvements required by the City, subject to available funding and pursuant to a timeframe to be negotiated by the City Manager; and WHEREAS, the fourth and final phase of the Enhanced Park ("Phase 4 Improvements") shall include the woonerf road expansion as more particularly shown on the Phasing Diagram; and WHEREAS, the Amendment shall provide that MFP's failure to comply with the phasing plan described above shall result in the assessment of liquidated damages, except to the extent delays are caused by permitting or City Manager approval processes, as negotiated by the City Manager; and WHEREAS, MFP has made the first payment of the Park Fund Contribution equal to Ten Million and 00/100 Dollars ($10,000,000.00) to the City, which amount shall.. be used by the City toward the Enhanced Park; and i) WHEREAS, in lieu of the second payment of the Park Fund Contribution, shall be required to invest no less than Ten Million and 00/100 Dollars ($10,000,000.0 to construct the Enhanced Park; and C,=' -.ern WHEREAS, MFP shall also be required to invest an amount equal to the cost-` MFP would have incurred in constructing the Park in accordance with the Base Park -< Condition, which amount shall be no less than Seven Million Five Hundred Thousand (1.-2 and 00/100 Dollars ($7,500,000.00); and rn WHEREAS, certain amendments to the CAA affect provisions that are also contained in the Development Agreement, and therefore corresponding revisions to the Development Agreement are required in order for such amendments to become effective; and 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 if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Amendment to the CAA, in a form acceptable to the City Attorney, to provide for the construction of an Enhanced Park, revise park completion requirements to a phased schedule, and modify related funding obligations, as more particularly set forth herein. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 4 File ID: 18604 (Revision:) Printed on: 12/9/2025 Docusign Envelope ID: A119E7C3-A1C6-4F39-934F-F1265694E012 File ID: 18604 Enactment Number: Section 3. The Amendment to the CAA shall be subject to City Commission approval of a conforming amendment to the Development Agreement. Section 4. The City Manager is further authorized' to negotiate and execute all necessary documents, including modifications to said CAA Amendment, all in forms acceptable to the City Attorney, as may be necessary to effectuate the purposes set forth herein. Section 5. This Resolution shall become effective immediately upon its adoption and approval by the Mayor. APPROVED AS TO FORM AND CORRECTNESS: x• rn c, .. 7 1 rn73 o City of Miami Page 4 of 4 File ID: 18604 (Revision:) Printed on: 12/9/2025 iCity of Miami arts! Miami Freedom Park '' Jorge Mas Canoes Enpet ced Park Plan Phase1-Yellow f' 1 • Greenspace with Irr n & Ls - Dog Park appr5Q5�..1 SF ( a r conneclio'e-@t gh existing clubhobsa'ihfrabtructurilp Phase 2 - Oratlge �[(-�+1� t l Greenspaces waf;lrn6Ation 3 Llgne rg Walkways and Wellnase Loops Playgrounds �Fifi�ee - rea epprox.48,170 SF 47,1 �. 141h Street PeSdt al�rBe - 121T1perres ' ' Phase 3 - Re37"''TT GreenspaceswlU' jraiation &Ma ine One -Story Spbr .Center Buildlrlsepprox.. 7,<, with _ 5,000 SF withAG andiestrooMr. 16 Pickle BaIFAxiRN -: 2 Tennis Cou35 CO 2 Basketball Cols—, Phase 3b - Red b'WIFPL Arr Greenspace with (Motion Two connection pee for utilities on North and South points from Miami FreeairePark Drive Phase 4 - Blue (Woonerf Expansion) Woonerf Connection from NW 17th Street to Miami Freedom FREEDOM PARK PHASING DIAGRAM (12/05/25) SITE PLAN SCALE racy FREEDOM PARK MODIFIED CONCEPT PLAN (12/05/25) SITE PLAN SCALE 1":300' City of Miami.add MiFreedom Park Jorge Mas Canosa Eta ced Park Plan T. Phase 1 - Yellow r,-.el Greenspace w4h�dge�on & Lt Dog Park appeff1 0 SF ( a connector 1r4ugh existing clubho risein¢rstructurCI Phase 2 - Greenspaces aUJ rer etion & Licyhlpg rr! Walkways and Well,44 ss Loops Playgrounds & Fitneiss Area approx 48,170 SP•sawf• 14th Street Per tip area - 126 Tifies Phase 3-R Greenspaces v r5aalion & Lighting One -Story Spode1Cen Buildir r rox.. 7,5 with 5,000 SF wan RL3r stroomse • ©©© 16 Pickle Ball Court;r 2 Tennis Courts 2 Basketball Courts Q 7.1 Phase 3b - Red (rp j�L Area) Greenspace with irn abort Two connection points for utilities on North and South points ' from Miami Freedom Park Drive Phase 4 - Blue (Woonerf Expansion) Woonerf Connection from NW 17th Street to Miami Freedom Park Drive A110F][:1_A1r:0.1FAWi11F_F17R5&AF0 7 MFP STADIUM GARAGE, and PARK SIT87 P!...A NW 14th STREET rn 3 n b mc Cl rn my o F....a 4A ARQUITECTONICA 29000AKAVENUEMIAMI,FL33133 SPECIAL AREA PLAN 06 f 01 12022 PARK SITE PLAN — �,� N L._I—_1 305.372.1812 T 305.372.1175 F 300'-0" FOR ILLUSTRATIVE PURPOSES ONLY FINAL DEVELOPMENT DESIGN SHALL BE IN ACCORDANCE WITH INDIVIDUAL SITE PLAN APPROVAL(S). ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF AROUIT€CTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS, LONICLICABLE LOCAL AND GOVERNM NTTAL AUTHORITIESHAVING JURISDICTIONNIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IAA L RT COPYE TO BE MADE WITHOUT THE EXPRESS R RIGHTSR SET ER D ©2021. ALL OFF-SEIMPRWRITTEN VEMENTS DEPICTT DI IN THEIIMAGESNAREINTERNATIONAL TOO TAIINING NECESSARY PROPERTY RIGHTSTO REVIEW AND APRO AL OF AL APPA-80 AND GOVERNMENT AGENCY(IES) PERMITTING AND APPROVAL PRIOR TO CONSTRUCTION, AND IN ACCORDANCE WITH THEIR APPLICABLE REGULATIONS. City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18604 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONSTRUCTION ADMINISTRATION AGREEMENT ("CAA") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI FREEDOM PARK, LLC ("MFP"), IN A -FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE FOR THE >ONSTRUCTION OF AN ENHANCED PARK, REVISE PARK COMPLETION ADLINES TO A PHASED SCHEDULE, AND MODIFY RELATED FUNDING u QBLIGATIONS ("CAA AMENDMENT"); PROVIDING THAT THE CAA ENDMENT IS SUBJECT TO CITY COMMISSION APPROVAL OF A ONFORMING AMENDMENT TO THE DEVELOPMENT AGREEMENT Lid �F$€TWEEN THE CITY AND MFP REGARDING THE MIAMI FREEDOM PARK tro tSPECIAL AREA PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO ',NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING MODIFICATIONS TO SAID CAA AMENDMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES SET FORTH HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the fee simple owner of approximately 131 acres of land located adjacent to the City's Grapeland Park, and generally bound on the East by Northwest 37 Avenue, on the West by Northwest 42 Avenue, on the South by Northwest 14 Street, and on the North by the municipal boundary ("Site"); and WHEREAS, in November of 2018, the electorate of the City approved a referendum to waive competitive bidding and authorize the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Site as a soccer stadium and other ancillary commercial development ("Leased Premises") and requiring MFP to provide various other public benefits, including the remediation and development of a fifty-eight (58) acre public park; and WHEREAS, pursuant to Resolution No. R-22-0156, adopted April 28, 2022, Miami Freedom Park, LLC, a Delaware Limited Liability Company ("MFP") entered into that certain Ground Lease for Soccer Stadium and that certain Ground Lease for Miami Freedom Park Commercial Development, dated as of February 9, 2023, governing the Developer's use of the Leased Premises (collectively, "Lease Agreements"); and WHEREAS, the City and MFP also entered into a Construction Administration Agreement ("CAA"), dated as of February 9, 2023, to govern the development of the Site and the provision of certain public benefits, including the delivery of the public park; and City of Miami Page 1 of 3 File ID: 18604 (Revision:) Printed On: 12/11/2025 File ID: 18604 Enactment Number: WHEREAS, pursuant to Ordinance No. 14093, adopted on September 13, 2022 by the City Commission, the City and MFP also entered into a Development Agreement regarding the Miami Freedom Park Special Area Plan ("Development Agreement"); and WHEREAS, as part of the Ground Leases, CAA, and the Development Agreement, MFP is obligated to construct the public park located immediately adjacent to the Leased Premises ("Park") to include environmental work, turf, wellness pathways, lighting, and utilities, as set forth in Exhibit D of the CAA ("Base Park Condition"); and WHEREAS, as stipulated in the Section 3.5(A) of the CAA and Section 14(i) of the Development Agreement, MFP is also required to make two (2) Ten Million and 00/100 Dollars ($10,000,000.00) payments to the City for a total contribution of Twenty Million and 00/100 Dollars ($20,000,000.00) ("Park Fund Contribution"); and WHEREAS, pursuant to Resolution No. R-25-0040, adopted February 13, 2025, the City determined that the Park Fund Contribution be deposited in a special revenue account restricted for investment into the Park; and WHEREAS, pursuant to Resolution No. R-25-0502, adopted November 20, 2025, the City Commission authorized the City Manager to negotiate and execute various amendments to the Lease Agreements, CAA, and other related agreements, including, without limitation, a requirement that the Park Fund Contribution be used exclusively for the Park; and WHEREAS, the City has determined that it would be in the City's best interest to construct an enhanced public park beyond that set forth in the Base Park Condition, to include additional amenities such as playgrounds, volleyball courts, basketball courts, pickleball courts, restrooms, improved landscaping, and upgraded accessways and pathways, with such final design subject to City Manager approval ("Enhanced Park"); and WHEREAS, rather than demolishing the improvements constructed as part of the Base Park Condition in order to integrate additional park features, the City now desires to amend the CAA to authorize MFP to complete the Enhanced Park; and WHEREAS, under the existing terms of the CAA, the Park is required to be completed in accordance with the Base Park Condition on or before the issuance of a temporary or permanent certificate of occupancy for the stadium or other improvements; and WHEREAS, the City now desires to revise this requirement to establish a phased completion schedule for the Enhanced Park with corresponding milestone deadlines; and e: r.) -f o N WHEREAS, the first phase of the Enhanced Park shall include {"' `^ ,;:7) which shall be completed no later than ("Phase 1 Improvements"); and rn 'l WHEREAS, the second phase of the Enhanced Park shall include `= , which shall be completed no later than ("Phase 2 •c-, a, ar Improvements"); and 5►:-.4 a ryy c" WHEREAS, the final phase of the Enhanced Park shall include all other m — — remaining park improvements required by the City, subject to available funding; and City of Miami Page 2 of 3 File ID: 18604 (Revision:) Printed on: 12/11/2025 File ID: 18604 Enactment Number: WHEREAS, MFP has made the first payment of the Park Fund Contribution equal to Ten Million and 00/100 Dollars ($10,000,000.00) to the City, which amount shall be used by the City toward the Enhanced Park; and WHEREAS, in lieu of the second payment of the Park Fund Contribution, MFP shall be required to invest no less than Ten Million and 00/100 Dollars ($10,000,000.00) to construct the Enhanced Park; and WHEREAS, MFP shall also be required to invest an amount equal to the cost MFP would have incurred in constructing the Park in accordance with the Base Park Condition, which amount shall be no less than Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00); and WHEREAS, certain amendments to the CAA affect provisions that are also contained in the Development Agreement, and therefore corresponding revisions to the Development Agreement are required in order for such amendments to become effective; and 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 if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute an amendment to the CAA, in a form acceptable to the City Attorney, to provide for the construction of an Enhanced Park, revise park completion requirements to a phased schedule, and modify related funding obligations, as more particularly set forth herein. Section 3. The amendment to the CAA shall be subject to City Commission approval of a conforming amendment to the Development Agreement. Section 4. The City Manager is further authorized' to negotiate and execute all necessary documents, including modifications to said CAA Amendment, all in forms acceptable to the City Attorney, as may be necessary to effectuate the purposes set forth herein. Section 5. This Resolution shall become effective immediately upon its adoption and approval by the Mayor. APPROVED AS TO FORM AND CORRECTNESS: cy — _s_. CD Y �'0 9? r- rn _ ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 18604 (Revision:) Printed on: 12/11/2025