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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 18590 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC ADOPTED BY THE CITY COMMISSION VIA ORDINANCE NO. 14094 AND RECORDED IN OFFICIAL RECORDS BOOK 33783, PAGE 2301 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA GOVERNING THE PROPERTIES GENERALLY LOCATED AT 4000 NORTHWEST 14 STREET AND 1900/1950 NORTHWEST 37 AVENUE TO UPDATE SECTION 14 AND EXHIBIT D OF THE DEVELOPMENT REGARDING PUBLIC BENEFITS, CONSISTENT WITH THE RELATED LEASE DOCUMENTS, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE AMENDMENT TO THE DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A;" MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 4000 NW 14 Street and 1900/1950 NW 37 Ave APPLICANT(S): Arthur Noriega V, Former City Manager on behalf of the City of Miami PURPOSE: Amendment to the Development Agreement. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: N/A City of Miami File ID: 18590 (Revision: 8) Printed On: 3/3/2026 City of Miami Legislation Ordinance Enactment Number:14444 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 18590 Final Action Date: 2/12/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC ADOPTED BY THE CITY COMMISSION VIA ORDINANCE NO. 14094 AND RECORDED IN OFFICIAL RECORDS BOOK 33783, PAGE 2301 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA GOVERNING THE PROPERTIES GENERALLY LOCATED AT 4000 NORTHWEST 14 STREET AND 1900/1950 NORTHWEST 37 AVENUE TO UPDATE SECTION 14 AND EXHIBIT D OF THE DEVELOPMENT REGARDING PUBLIC BENEFITS, CONSISTENT WITH THE RELATED LEASE DOCUMENTS, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE AMENDMENT TO THE DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A;" MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 30, 2023, a Development Agreement ("Agreement") was made and entered into between Miami Freedom Park, LLC a Delaware limited liability company (the "Lessee" or "Developer"), and the City of Miami, Florida a municipal corporation and a political subdivision of the State of Florida (the "City"); and WHEREAS, the City is the fee simple owner of approximately 131 acres of the property in Miami -Dade County, Florida, located between Northwest 14th Street to the South, Northwest 42 Avenue to the West, the City jurisdictional boundary to the North, and Northwest 37th Avenue to the East, all within the City (the "Overall Property"); and WHEREAS, in November of 2018, the electorate of the City approved the referendum to approve the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Overall Property as a soccer stadium, entertainment center including food and beverage venues, office, retail, hotel and conference center, public facilities, park space, and other ancillary commercial development (the "Leased Property"); and WHEREAS, the Developer, pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted on April 28, 2022, entered into certain Ground Lease for the Soccer Stadium, that certain Ground Lease for Miami Freedom Park Commercial Development, and certain related easement agreements with the City, all dated as of February 9, 2023, governing the Lessee's use of the Leased Property (collectively, the Lease Agreement") and the Construction Administration Agreement (the "Construction Administration Agreement"); and City of Miami File ID: 18590 (Revision: 8) Printed On: 3/3/2026 WHEREAS, on November 20, 2025, the City Commission approved amendments to the Lease Agreement and the Construction Administration Agreement between the City and the Developer pursuant to Resolution No. R-25-0502; and WHEREAS, on December 11, 2025, the City Commission approved further amendments to the Construction Administration Agreement between the City and the Developer pursuant to Resolution No. R-25-0538; and WHEREAS, the Development Agreement references and mirrors provisions in the Lease Agreement and the Construction Administration Agreement in Section 14 and Exhibit D, titled "Public Benefits References," of the Development Agreement; and WHEREAS, the Development Agreement needs to be amended to reflect the updated requirements to be incorporated in the amended Lease Agreement and the amended Construction Administration Agreement; and WHEREAS, City staff finds the changes proposed to be consistent with the amendments to the Lease Agreement and the Construction Administration Agreement as authorized by the City Commission on November 20, 2025 and December 11, 2025; and WHEREAS, City staff finds the Developer's intent to define Sports Fields does not exempt the Centralized Parking Structure from complying with Article 5 Section 5.7.1.6 (c) of Appendix N, titled "Miami Freedom Park," of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, assurance to the Developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process; NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Amendment, in a form acceptable to the City Attorney, a draft of which is attached as Exhibit "A", to the Development Agreement between the City of Miami and Miami Freedom Park, LLC adopted by the City Commission via Ordinance No. 14094 and recorded in Official Records Book 33783, Page 2301 of the Public Records of Miami -Dade County, Florida governing the properties generally located at 4000 Northwest 14 Street and 1900/1950 Northwest 37 Avenue to update Section 14 and Exhibit D of the Development Agreement regarding public benefits, consistent with the related lease documents, pursuant to Chapter 163, Florida Statutes, is approved. Section 3. The City Manager is authorized' to negotiate and execute the Amendment to the Development Agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A". Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 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 File ID: 18590 (Revision: 8) Printed On: 3/3/2026 Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 File ID: 18590 (Revision: 8) Printed On: 3/3/2026