Miami-Dade Mayor asks commission to rescind contract with Miami Wilds at Zoo Miami
MIAMI — The plan to build a water park on Zoo Miami property could be scrapped.
In a Tuesday memo from the Office of Miami-Dade Mayor Daniella Levine Cava that CBS News Miami obtained Wednesday, she has asked county commissioners to rescind the lease on Miami Wilds because it would "best safeguard the county's interest and the community's needs and objectives," citing that the park had failed to fulfill multiple contractual obligations.
"The Lease was approved and executed subject to and contingent upon the prior approval, execution and validity of an amended release of deed restrictions with the United States Department of the Interior, National Park Service ("NPS") on the lands to be leased to Miami Wilds and to be used for development and operation of a parking concession," the memo read.
According to the memo, while Miami Wilds and Miami-Dade County entered into the lease with the understanding that the amended release of the deed restrictions granted by NPS was valid, a case pending in federal court challenged the validity of the release and a summary judgment hearing on the matter will be held in December 2023.
"NPS has admitted that if failed to comply with applicable legal requirements prior to approving and executing the release," the memo read.
The memo continued:
"If the Court grants the plaintiffs' claims for relief in that case, an action that the Court seems likely to take, the Lease will need to be rescinded and terminated as the condition precedent will have been voided and the deed restrictions prohibiting leasing of the lands and private, commercial use thereof will again be in place for portions of the land."
According to the memo, Miami Wilds had failed to fulfill "multiple contractual obligations," including neglecting to provide Miami-Dade County with a requisite land survey in adherence to the lease terms, delinquent remittance of rent payments to the County and untimely submission of the draft final site plan.
The memo went on to say that another key concern that the Mayor had was that Miami Wilds is required to commence construction of the waterpark and hotel by the end of 2023; however, prior to starting construction, Miami Wilds had not submitted the necessary zoning or land use applications, architectural plans or construction drawings to the County, entered into a construction contract with a licensed contractor nor provided evidence that it had secured all financing for development.
"Given that the zoning approval process — the first step of many pre-construction obligations — inherently demands a minimum of eight months, it is highly likely that Miami Wilds will default on their imminent contractual obligation to commence construction of the waterpark and hotel development by the end of 2023," the memo read.
The memo continued, saying that considering the likelihood of the Court voiding the underlying release of deed restrictions, it is anticipated that the lease will need to be rescinded to allow NPS to perform the required legal review and consultation before approving the release of deed restrictions.
"Accordingly, it is recommended that the County rescind the Lease upon a Court order voiding the amended release of deed restrictions on the Zoo Miami lands," the memo read.
It continued:
"Further, based on the escalating and imminent defaults of the Lease, it is recommended that - in the event the Court does not void the amended release of deed restrictions or the County's rescission of the Lease is held invalid - the County proceed to exercise all rights for tenant defaults available to it under the Lease including but not limited to terminating the Lease in the event the defaults remain uncured following notice and opportunity to cure in accordance with the Lease."
On Oct. 20, 2020, the county board approved Miami Wilds' lease for the approximate 27.5 acres of vacant, undeveloped land located at 12400 SW 152nd Street near Zoo Miami. The lease granted Miami Wilds rights to develop a "Zoo Miami Entertainment Area" with a waterpark, retail development and a hotel for economic purposes along with a parking concession agreement to operate a large parking lot for the joint, non-exclusive use of Miami Wilds and Miami-Dade County, which left a smaller lot for only the county and museum uses. However, the board's approval was subject to and conditions on the precedent that the approval, execution and validity of the amended release, which removed land-use restrictions from part of the leased premises. This was approved, along with the lease and executed by NPS on Feb. 4, 2022, and subsequently executed by Miami-Dade County, the memo stated.
However, shortly after approval and final execution, three environmental groups sued NPS in federal court, seeking to void the amended release, alleging that NPS "failed to complete certain legal requirements" involving environmental review prior to approval and execution. NPS and the other federal defendants have admitted most of the allegations and conceded that they did not undertake the required reviews by federal law prior to approval.
The Miami Wilds project has been under controversy since its inception nearly 20 years ago. As of late, a vote on the project was deferred to December 12 after a public comment session during a commission meeting drew sentiment that construction would impact local wildlife. In September, a judge moved to dismiss a lawsuit brought on by an environmental group to stop construction. Then last week, a rally was held at Zoo Miami by conservationists who were hoping to block the vote and celebrate the Pine Rocklands: the ecological habitat that would be impacted by Miami Wilds' construction.