Resolution No. 2024-14 Approving Letter of Intent with Gulfstream Park for Parcel of Land - February 6, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A LETTER OF INTENT WITH
GULFSTREAM PARK, LLC TO ACQUIRE A THREE-ACRE PARCEL OF
LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AMENDMENTS TO THE EXISTING DEVELOPMENT
AGREEMENT BETWEEN GULFSTREAM PARK AND THE CITY TO USE
SAID PARCEL FOR FUTURE USE AS A CHARTER SCHOOL SITE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") operates two charter schools within the
City limits, and based on all relevant metrics, both are classified as high performing
schools; and
WHEREAS, due to the overwhelming demand from residents in the community to
enroll their children in these schools and the limited number of available seats, many are
denied access to these outstanding schools; and
WHEREAS, the City has recognized the importance of expanding its educational
Infrastructure by opening a third charter school in the City to provide more children of City
residents the opportunity to attend a municipal charter school; and
WHEREAS, the Letter of Intent submitted by Gulfstream Park ("GSP"), and
attached hereto as Exhibit "A", sets forth the terms and conditions whereby GSP will
convey a three-acre parcel of land located in the City of Aventura to the City for future
use as an additional charter school site in return for non-monetary considerations such
as approval for permanent increased density and intensity on GSP's remaining property
within the City, enhanced access from 2131h Street, the granting of necessary easements
and the waiver of, or reduction of, certain fees; and
WHEREAS, the City of Aventura hereby finds that it is in the best interest of the
City's residents to approve the Letter of Intent and authorize the City Manager to negotiate
and execute a Closing Agreement with GSP to obtain this parcel of land in order to build
and operate a third charter school in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: Recitals Incorporated. That each of the above stated recitals are
hereby adopted and confirmed.
City of Aventura Resolution No. 2024-14
Section 2: GSP Letter of Interest Approved. That the City Commission
hereby approves the Letter of Intent attached hereto as Exhibit "A."
Section 3: City Manager Authorized. That the City Manager is hereby
authorized to negotiate and execute a Closing Agreement with GSP, in furtherance of,
and consistent with, the Letter of Intent.
Section 4: Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Vice Mayor Kruss, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 6th day of February, 2024.
OWARD S. WEINBER4ES .
� MAYOR
ATTEST:
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I' 1) 41 r,
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
EDWIN J. STACKER
PARTNER
Shutts 8t Bowen LLP
201 East Las Olas Blvd.
Suite 2200
Fort Lauderdale, FL 33301
DIRECT (954)847-3839
EMAIL EStacker@shutts.com
December 20, 2023
VIA EMAIL—kloppWiWtyofaventura.com
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W.Country Club Drive, 4''Floor
Aventura, Florida 33180
Re: REQUEST FOR WORKSHOP - Proposed Conveyance of a 3-Acre Parcel in
Exchange for Entitlements and Additional Considerations Relating to the Remainder
of that certain Property Identified by FOLIO #28-1234-019-0011 and FOLIO #28-
1234-019-0021
Dear Mr. Klopp:
As you are aware, the undersigned counsel, represents Gulfstream Park Racing Association, Inc.
("GSP")the fee simple owner("Owner") of vacant land in the City of Aventura("City") consisting of an
approximately 30.23-acre parcel ("Property") situated north of NW 213'' Street("2131'' St."), bounded on
the west by Biscayne Blvd.,on the north,by the Broward County/Miami-Dade County line,and lying north
and east of Waterways Park, as depicted on attached Exhibit A. Please consider this as a formal request,
on behalf of GSP,to present this proposal to the City Commission at its next regularly scheduled Workshop
meeting of January 18, 2024, for the purposes of discussing the proposed terms of a future contractual
arrangement relating to the matters generally set out herein.
Background and Proposed Agreement
GSP and the City have previously entered into two similar transactions,the first of which resulted
in the City's acquisition of approximately 7 acres from GSP, in 2006, for the subsequent development of
Waterways Park,and in the second instance,the City's acquisition of 2 additional acres from GSP,in 2017,
for the ultimate development of Aventura Don Soffer High School. Both of these conveyances were
structured such that prerequisites to the closings on the parcels were the consideration and approval,by the
City, of certain entitlements,together with the approval of a Chapter 163, F.S. development agreement, as
amended ("DA") which spells out additional provisions related to the terms of the transactions, including
protection from downzoning.
The City's existing Future Land Use Plan Map designates the Property in the Business and Office
category, the City parcels to the east are designated as Community Facilities and Recreation and Open
Space, respectively, and, to the south of 2131'' St., the properties are designated as Business and Office to
the west,and Medium-High Residential immediately south of the Property. The City Official Zoning Map
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Page 2
designates the Property as both B-2 and MO, with the existing entitlements providing for conditional use
approval of 480 units, up to 25-stories, on the approximately 12.7-acre Medical Office ("MO") parcel,
approximately 17.5 acres of B-2 use fronting on NW 2131 Street and Biscayne Blvd., together with the
right to temporarily maintain thoroughbred horses in existing stables located on the north end of the
Property.Additionally, there is one roadway connection from 2131 St. that provides for vehicular traffic to
GSP's Hallandale Beach property, which use is currently limited to race-day use only.
The City has recently approached GSP requesting that an additional 3 acres be conveyed to the City
for future use as an additional charter school site, and GSP is willing to consider the"as is"conveyance of
that certain 3-acre parcel ("School Parcel"), as depicted on attached Exhibit B, for non-monetary
considerations, which considerations would include, but not necessarily be limited to, approvals for
permanent increased density and intensity on GSP's remaining property ("Development Property"), as
depicted on attached Exhibit C, together with enhanced access from 2131h St., the granting of necessary
easements, the waiver of certain fees and costs, and general cooperation and written support for permits
and approvals that may be necessarily required from other governmental entities.
Proposed Document Framework
Since there is already an existing DA,GSP proposes to work with the City to amend the DA,which
amendment will memorialize certain terms and understandings between the parties,and GSP also envisions,
in lieu of a standard Purchase and Sale Agreement,that an agreed-upon"closing agreement" or "contract
for exchange of consideration" be negotiated, wherein a detailed list of both the City's and GSP's rights
and obligations will be clearly delineated. Those documents would specify the additional documents that
may be required in order to"close"the agreements between the City and GSP. GSP and the City agree that
all entitlements,rights, and benefits granted to the Development Property shall run with the land,and shall
benefit any and all successors and assigns.
The Proposed GSP Project Entitlements
GSP is proposing that the City review and approve entitlements for the Development Property for
an overall mixed-use project that permanently provides for a vested density of up to 1500 residential units,
with flexibility to develop all building types, including, low-rise or high-rise units,with a maximum height
of 30 stories, and a Residential FAR of 4.0 on the gross acreage. In addition, the Development Property
will be vested for non-residential uses which permit retail, office, hotel and entertainment, with a non-
residential FAR of 2.0 on the gross acreage. Access to and from 213" St. and the GSP Hallandale Beach
property will be afforded by three(3)"unrestricted"roadway connections,at locations mutually acceptable
to GSP and the City. The permits and procedures for effectuating these connections shall be facilitated by
the City, including signalization as warranted. Additionally, GSP and the City acknowledge that GSP will
receive approvals to subdivide the Development Property as part of the agreements.
Overview of Additional GSP Conditions to Convey the School Parcel to the City
As consideration for the non-monetary "as is" conveyance of the School Parcel to the City, GSP
proposes the following additional processes as conditions:
1) Comprehensive Plan Amendments. GSP has reviewed the City Comprehensive Plan,
specifically, the Goals, Objectives and Policies of the Future Land Use Element, and has
determined that both a Text Amendment and a simultaneous Map Amendment will be
necessary in order to afford GSP the density and intensity that it will require.The required
density, while permitted in the Medium Density category, does not permit the non-
residential uses requested,thus, it is anticipated the parties will need to develop a new Plan
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Page 3
Category that is likely to be a variation of the Town Center category concept. Any such
new category shall not be adopted so as to require conditional use approval.
2) Zoning District Amendments. GSP has reviewed the City's Zoning Districts and, has
likewise determined that it will be necessary to amend/create a new Zoning Category
through a Text Amendment and simultaneously process a Map Amendment rezoning to
such new category. The proposed new Zoning district needs to recognize that the
Development Property entitlements are authorized by right, and are not subject to any
conditional use process that limits the period of time within which the Property can be
developed.
3) City Land Development Regulations ("LDR's"). In light of the fact that future
development of the Development Property will require both Land Use Plan and Zoning
Code text amendments, it is anticipated that existing LDR's may require modifications,
and the City agrees that to the extent any such modifications are requested in the future,
the City will accommodate any such request so as to enable the contemplated development
of the Property.
4) Additional Documents Necessary to Implement Development. As a condition of the
conveyance of the School Parcel, the City further agrees to: i) grant or modify proposed
or existing easements across the School Parcel, as reasonably needed for utility and
drainage purposes, including, at its expense, a redesign of the stormwater system, as
deemed necessary by GSP professional consultants and City consultants, and ii)to amend
or create any other declaration or covenant deemed reasonably necessary by GSP, or its
designees.
5) Waiver of Fees, Costs and Impositions. GSP requires that the City agree to waive any and
all application fees, excluding advertising costs and public notices to the general public,
and likewise waive any other expenses directly or indirectly necessary to implement the
intention of the parties throughout this process, such as fees for third-party consultants
engaged by the City. In addition, throughout the incremental development of the
Development Property, GSP requires that the City likewise waive any and all application
fees and costs, residential impact fees for parks and transportation, and non-residential
impact fees for transportation up to fifty percent(50%)of the total allowable square footage
based upon the non-residential FAR of 2.0. Additionally, the City agrees to waive other
fees or impositions that may be routinely required of developers as a condition of the future
development on the Development Property, whether such fees or impositions are existing
or as may be adopted in the future,such as community benefit and affordable housing fees
or any other impositions. It shall be expressly understood and agreed that there may be
required fees and costs that are not imposed by the City. It is further understood that the
fee waivers, referred to above, do not include waiver of police impact fees or building
permit fees charged pursuant to Resolution 20 20-48.
6) Conveyance of School Parcel"As Is". It shall be expressly understood and agreed that the
conveyance of the School Parcel is "as is", and that no representations or warranties are
being provided by GSP,except that GSP warrants that it is the Owner of the School Parcel,
and has the authority to convey it at the time of the conveyance. Since the School Parcel
is intended to be conveyed "as is", GSP will require the City to indemnify and hold GSP
harmless from and against any and all costs, losses or claims demands and liabilities,
including reasonable attorney fees,which might arise out of or relate to any and all acts or
omissions alleged against GSP, as it relates to the School Parcel.
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Page 4
7) Possible Future Connection to Intracoastal Waterway. GSP may, at some point in the
future, try to connect property under its ownership, to the Intracoastal Waterway, and in
order to effectuate that process,the City acknowledges at this time that it has no objection
to any such connection, and agrees to support such connection in writing in the future, if
requested by GSP. The City shall acknowledge that in the event that GSP determines in
the future that it is necessary to utilize all, or a portion of,the Waterways Dog Park parcel
("Dog Park"), GSP shall have the unilateral right to relocate the Dog Park to an alternative
parcel within the Development Property of similar size and comparable amenities. GSP
agrees that the work on the relocated Dog Park shall be completed prior to the
commencement of any work that will impact reasonable use of the existing Dog Park.
In conclusion, we appreciate your consideration of GSP's request, and look forward to the
opportunity of working with you and the City Manager, in hopes that you will agree that the proposal set
out herein,is a plan which makes sense to the City,and that you will concur that it should be considered by
the Commission at its next Workshop Meeting on January 18, 2024.
Sincerely,
SHUTTS &BOWEN LLP
Edwin J. Stacker,Esq.
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