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HomeMy WebLinkAboutLegislation (SUB)Docusign Envelope ID: 57282E96-0421-4B1 B-AA0D-A3C00276DAF8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18590 Final Action Date: 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. ,10 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 ,v NORTHWEST 14 STREET AND 1900/1950 NORTHWEST 37 AVENUE TO 0, 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: A) Printed On: 1/21/2026 18590 Legislation (SUB) Docusign Envelope ID: 57282E96-0421-4B1 B-AA0D-A3C00276DAF8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 n � : 9 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"; 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 Centralize 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 requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami File ID: 18590 (Revision: A) Printed On: 1/21/2026 Docusign Envelope ID: 57282E96-0421-4B1B-AA0D-A3C00276DAF8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 2 This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later_ City of Miami File ID: 18590 (Revision: A) Printed On: 1/21/2026 City of Miami Legislation Ordinance Enactment Number File Number: 18590 SUBSTITUTED AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT, IN A FO ACCEPTABLE TO THE CITY ATTORNEY, TO THE DEVEL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIA PARK, LLC ADOPTED BY THE CITY COMMISSION VI 14094 AND RECORDED IN OFFICIAL RECORDS BO 2301 OF THE PUBLIC RECORDS OF MIAMI-DADE GOVERNING THE PROPERTIES GENERALLY L NORTHWEST 14 STREET AND 1900/1950 NO UPDATE SECTION 14 AND EXHIBIT D OF T REGARDING PUBLIC BENEFITS, CONSIST LEASE DOCUMENTS, PURSUANT TO C STATUTES, AND AUTHORIZING THE AND EXECUTE, IN A FORM ACCEPT THE AMENDMENT TO THE DEVEL WHICH IS ATTACHED AND INCO FINDINGS; CONTAINING A SEV FOR AN EFFECTIVE DATE. City Hall 3500 Pan Ameican Driv Miami, FL 33133 www.miamigov.c Final Acti • Date: MENT FREEDOM RDINANCE NO. 33783, PAGE OUNTY, FLORIDA ATED AT 4000 HWEST 37 AVENUE TO DEVELOPMENT NT WITH THE RELATED PTER 163, FLORIDA Y MANAGER TO NEGOTIATE LE TO THE CITY ATTORNEY, MENT AGREEMENT, A DRAFT OF ORATED AS EXHIBIT "A;" MAKING RABILITY CLAUSE; AND PROVIDING WHEREAS, on June 30, 202 a Development Agreement ("Agreement") was made and entered into between Miami Fre- -om Park, LLC a Delaware limited liability company (the "Lessee" or "Developer"), and th- City of Miami, Florida a municipal corporation and a political subdivision of the State of Flori - (the "City"); and WHEREAS, the Cit is the fee simple owner of approximately 131 acres of the property in Miami -Dade County, F •rida, located between Northwest 14th Street to the South, Northwest 42 Avenue to the Wes he City jurisdictional boundary to the North, and Northwest 37th Avenue to the East, all within e City (the "Overall Property"); and WHERE L :, in November of 2018, the electorate of the City approved the referendum to approve the nz4otiation of a ground lease and development agreement for the development of approximatel seventy-three (73) acres of the Overall Property as a soccer stadium, entertainm t center including food and beverage venues, office, retail, hotel and conference center, p •lic facilities, park space, and other ancillary commercial development (the "Leased Proper - '); and WHEREAS, the Developer, pursuant to Resolution Nos. R-22-0156 and R-22-0157, opted on April 28, 2022, entered into certain Ground Lease for the Soccer Stadium, that ertain 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: A) Printed On: 2/3/2026 SUBSTITUTED WHEREAS, on November 20, 2025, the Lease Agreement and the Construction Administration Agreement were amended by the City and the Developer pursuant to Resolution No. R-25-0502; and WHEREAS, the Development Agreement references and mirrors provisions in the L- -se Agreement and the Construction Administration Agreement in Section 14 and Exhibit D itled "Public Benefits References," of the Development Agreement and, as further desc •ed in Exhibit "A" needs to be amended to reflect the current requirements outlined in the mended Lease Agreement and the amended Construction Administration Agreement; and WHEREAS, as part of the amendments the Developer seeks to amend age(s) 32, 34, 35, and 36 of the Development Agreement, as follows: Page 32 - "Park Fund Contribution. MFP shall contribute to the ity $20,000,000.00, which the City shall use exclusively for improvements and m tenance of the Public Park Parcel to the public parks or acquisition of public park ithin the City of Miami (the Park Fund Contribution'). MFP shall contribute (i) fifty ercent (50%) of the Park Fund Contribution upon the earlier to occur of (x) the dat= hat is eighteen (18) months after the Lease Commencement Date, or (y) upon the u••n the issuance of the building permit for vertical construction of the Soccer St- - um Development and (ii) the remaining fifty percent (50%) of the Park Fund Co, ribution upon the issuance of the building permit for the vertical construction of the .ccer Stadium Development. For the avoidance of doubt, in the event that the buildi permit for vertical construction of the Soccer Stadium Development is issued befo the date that is eighteen (18) months after the Lease Commencement Date, M shall contribute one hundred percent (100%) of the Park Fund Contribution. Th= ity shall hold the Park Fund Contribution in a separate and segregated account s•-cifically designated for the uses authorized herein. Prior to disbursement of any nds from such account, the City shall certify to MFP that the proceeds from such d . •ursement will be used for the purposes set forth herein and, upon request by MFP, e City shall provide MFP with a detailed accounting of the use of the proceeds mainted in such separate account." Page 34, Park Rehabilitati• and Environmental Work Page 35, Park Proje Requirements: provide minimum 1' of clean top soil vs 2' as previously approved Allow the City Manager to negotiate in good faith for alternative ground cover of Z sia Grass sod vs Zyosia Grass sod as a requirement. Page 36, Ligh g: Remove minimum required number of 8 light poles (bollards) per acre to those con- stent with BD25003093001, with alternate means of compliance as further described Exhibit A. Page •, Lighting: new dusk to dawn LED lighting to the wellness loop. P-:e 46, Sports Fields, the Developer seeks to define Sports fields as follows: shall can no fewer than six (6) fields (which may be divided/flexed into smaller fields), including such features as may be required by Applicable Law to permit use of such fields by the public, which may initially be constructed at grade to the east of the Stadium, as set forth in the Approved Special Area Plan. City of Miami File ID: 18590 (Revision: A) Printed On: 2/3/2026 SUBSTITUTED WHEREAS, City staff find the changes proposed to be consistent with the amended Lease Agreement and the Construction Administration Agreement as adopted by the City Commission on November 20, 2025; and WHEREAS, City staff finds the Developers intent to define Sports Fields does n exempt the Centralize Parking Structure from complying with Article 5 Section 5.7.1.6 (c Appendix N titled Miami Freedom Park of the Miami 21 Code; and WHEREAS, assurance to the Developer that it may proceed in accordance wit existing laws and policies, subject to the conditions of a development agreement, strengthen he public planning process; NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION O- THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preambl to this Ordinance are adopted by reference and incorporated as if fully set forth in this Sectio Section 2. The Amendment, in a form acceptable to e City Attorney, a draft of which is attached as Exhibit A, to the Development Agreement -tween the City of Miami and Miami Freedom Park, LLC adopted by the City Commissio via Ordinance No. 14094 and recorded in Official Records Book 33783, Page 2301 of t► - Public Records of Miami -Dade County, Florida governing the properties generally locat- • at 4000 Northwest 14 Street and 1900/1950 Northwest 37 Avenue to update Section 1 and Exhibit D of the Development Agreement regarding public benefits, consistent with ' related lease documents, pursuant to Chapter 163, Florida Statutes, is approved. Section 3. The City Manager is thorizedl to negotiate and execute the Amendment to the Development Agreement, i - form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibi A". Section 4. If any section, par •f a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the rem ing provisions of this Ordinance shall not be affected. Section 5. This Ordina e shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM D CORRECTNESS: 1 The erein authorization is further subject to compliance with all requirements that may be imposed by the ► ity Attorney, including but not limited to those prescribed by applicable City Charter and Code isions. his Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami File ID: 18590 (Revision: A) Printed On: 2/3/2026