Miami-Dade Legislative Item
File Number: 131997
Printable PDF Format Download Adobe Reader  

File Number: 131997 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: BLOCK 45 & 56 SETTLEMENT - OVERTOWN GATEWAY Introduced: 10/9/2013
Requester: NONE Cost: Final Action:
Agenda Date: 10/22/2013 Agenda Item Number: 11A3
Notes: SEE SUB ITEM #132030 Title: RESOLUTION APPROVING OVERTOWN GATEWAY PARTNERS, LLC AND ALL ABOARD FLORIDA-STATIONS, LLC AS THE DEVELOPERS OF BLOCKS 45 AND 56, AND DETERMINING WHETHER TO ACCEPT OR REJECT PROPOSED VARIANCES AS TO THE DECLARATION OF RESTRICTIONS FOR SUCH BLOCKS PURSUANT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY
Indexes: SETTLEMENT AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/22/2013 11A3 Withdrawn
REPORT: See Agenda Item 11A3 Substitute; Legislative File No. 132030.

County Attorney 10/9/2013 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION APPROVING OVERTOWN GATEWAY PARTNERS, LLC AND ALL ABOARD FLORIDA-STATIONS, LLC AS THE DEVELOPERS OF BLOCKS 45 AND 56, AND DETERMINING WHETHER TO ACCEPT OR REJECT PROPOSED VARIANCES AS TO THE DECLARATION OF RESTRICTIONS FOR SUCH BLOCKS PURSUANT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY

BODY
WHEREAS, pursuant to Resolution No. R-294-13, the Board authorized settlement of the lawsuit between the City of Miami, the Southeast Overtown/Park West Community Redevelopment Agency (the “CRA”) and the County; and
WHEREAS, the City of Miami, the CRA and the County entered into the settlement agreement and recorded a Declaration of Restrictions against Blocks 45 and 56 in accordance therewith, which set forth requirements for development on such Blocks; and
WHEREAS, pursuant to the terms of the settlement agreement, the CRA was required to conduct a solicitation and to select a developer for development of Blocks 45 and 56 (the “Property”) in accordance with the provisions and restrictions set forth in a Declaration of Restrictions (the “Declaration”); and
WHEREAS, the CRA was required to provide notice of the selected Developer to the County, along with any proposed variances to the Declaration, and the Board would then have 45 days in which to approve or reject the Developer and to consider any proposed variances to the Declaration; and
WHEREAS, the CRA is required to enter into a Development Agreement with the proposed Developer within 90 days of the date of approval of the Developer by the County, or to terminate negotiations and issue a new solicitation; and
WHEREAS, the CRA submitted notice of the Developers and proposed variances to the County on September 17, 2013, which is attached as Exhibit A; and
WHEREAS, the CRA submitted a clarification as to proposed variance 7 on September 26, 2013, attached as Exhibit B; and
WHEREAS, the Board has considered the proposed Developers, All Aboard Florida-Stations, LLC and Overtown Gateway Partners, LLC, as well as each of the proposed variances set forth in Exhibit A and clarified by Exhibit B; and
WHEREAS, this Board has considered the Mayor’s Memorandum which is attached hereto and incorporated herein,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts those matters set forth in the foregoing recitals.
Section 2. This Board approves the developers selected by the CRA, Overtown Gateway Partners, LLC and All Aboard Florida-Stations, LLC in accordance with the settlement agreement and the CRA’s recommendation.
Section 3. This Board approves variance number 4, wherein “Overtown Gateway proposes providing 60 residential units in compliance with the provisions of Section 3 of the Declaration with all residential units in excess of 60 residential units being market rate units. The Residential Component shall be constructed on Block 45”.
Section 4. This Board approves variance number 7 which provides “Default with respect to Block 45 under the Declaration shall not constitute a default with respect to Block 56 and default with respect to Block 56 under the Declaration shall not constitute a default with respect to Block 45 under the Declaration,” provided that, as set forth in Exhibit B, the Residential Component is allocated to Parcel 45 and the Retail Component is allocated equally between Blocks 45 and 56.
Section 5. This Board rejects all other variance requests, including numbers 1, 2, 3, 5, 6, and the CRA Requested Clarification.
Section 6. This Board delegates the authority to the Mayor or the Mayor’s designee to issue estoppel certificates or similar instruments affirming compliance with the Declaration, in connection with the Settlement Agreement and construction on Blocks 45 and 56, as deemed necessary and appropriate in the sole and absolute discretion of the Mayor or the Mayor’s designee.
Section 7. This Board delegates the authority to the Mayor or the Mayor’s designee to accept a full and complete unlimited indemnification from the City and the CRA in substantially the form attached as Exhibit J-1 to the Settlement Agreement in lieu of the Indemnification from the Developer set forth in the Settlement Agreement, as determined in the sole and absolution discretion of the Mayor or the Mayor’s designee, and to perform all acts necessary to effectuate same.
Section 8. Pursuant to Resolution No. R-974-09, the Board directs the County Mayor or the County Mayor’s designee to record any revisions to the Declaration required by the approvals set forth herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of any such instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution, and to perform all acts necessary to effectuate the required actions set forth in this Resolution.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.