HomeMy WebLinkAboutSubmittal-Neisen Kasdin-Updated Section 19 of Development Agreementrn
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The Developer Parties and the City agree that the failure of this Agreement to address a particular
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pen -nit, condition, fee, tern, license, or restriction in effect on the date of recordation of the Master
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Development Agreement shall not relieve the Developer Parties of the necessity of complying with
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the regulation governing said permitting requirements, conditions, fees, terms, licenses, or
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restrictions.
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Section 18. Reservation of Development Rights.
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(a) For the term of this Agreement, the City hereby agrees that it shall pen -nit the
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development of the SAP Property in accordance with the Existing Zoning, the
Comprehensive Plan and the Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of development
permitted in the SAP Area in a manner consistent with (a) the Existing Zoning
and/or the Comprehensive Plan, (b) any zoning change subsequently requested or
initiated by a Developer Party in accordance with applicable provisions of law or
(c) any zoning change subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of vested
rights or equitable estoppel, obtained or held by any Developer Parry or its
successors or assigns to continue development of the SAP Property in conformity
with Existing Zoning and all active prior and subsequent development permits or
development orders granted by the City.
Section 19. Annual Review.
(a) The City shall review the development that is subject to this Agreement once every
twelve (12) months, commencing twelve (12) months after the Effective Date,
through the expiration or termination of this Agreement. The City shall begin the
review process by giving notice to Developer Parties, a minimum of thirty (30) days
prior to the anniversary date of the Agreement, of its intention to undertake the
annual review of this Agreement. Copies of such annual review shall be provided
to the Developer Parties.
(b) Any information required of a Developer Party during an annual review shall be
limited to that information necessary to determine the extent to which the
Developer Party is proceeding in good faith to comply with the terms of this
Agreement.
(c) Every five (5) years, commencing on the first annual review after the Effective
Date, the Retail Developer Party and City Planning Director shall review the
condition of the cross -block pedestrian connections between NE 38th and 391h
Streets, as part of the annual review, in order to determine whether the security
needs of the said portion of the Retail Street Project warrant the continued
limitations to on public access to the southern plaza from NE 381h Street via the
cross -block pedestrian passages. In the event of a dispute between the Retail
Developer Parry and the City Planning Director regarding the reduction/elimination
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of restrictions to public access, the City Manager, or his or her designee, shall meet
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with both parties to discuss the issue and render a determination appealable to the
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City Commission regarding the same. An appeal of the determination of the City
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Manager may be filed with the Hearing Boards Office within thirty (30) calendar
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days of the City Manager's issuance of the determination to the Retail Developer
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Party, in accordance with the Notice provisions as stated in Section 20.
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(d) Every year, commencing on the first annual review after the Effective Date, the
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Retail Developer Party shall submit a trip generation analysis for the SAP area as
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part of the annual review, which must be dated within six (6) months of the annual
review. In addition, a trip generation analysis for the SAP area will also be required
as part of any new development project submitted via SAP Permit, which exceeds
the existing FLR on that particular development site. In the event the trig generation
analysis approaches 80% of the capacity of the trip generations provided in the
traffic study prepared by Kimley-Horn and Associates, Inc. dated May 2013, a new
traffic study shall be required on a per project basis, in accordance with the
requirements for traffic studies as of the Effective Date of this Agreement.
(e) If the City finds, on the basis of competent substantial evidence, that a Developer
Party has not proceeded in good faith to comply with the terms of the Agreement,
the City shall provide said Developer Party with written notice of any defaults. Said
notice shall state the reasons for the default. Upon receipt of such notice, the
Developer Party shall have thirty (30) days to cure the default, or such longer period
of time as may reasonably be required to cure the default if the default by its nature
cannot be cured within thirty (30) days; provided, however, that the Developer
Party commences certain acts within thirty (30) days and diligently pursues the cure
thereafter. Should the Developer Party fail to cure within the aforementioned
period, the City may seek specific performance of this Agreement.
Section 20. Notices.
(a) All notices, demands and requests which may or are required to be given hereunder
shall, except as otherwise expressly provided, be in writing and delivered by
personal service or sent by United. States Registered or Certified Mail, return receipt
requested, postage prepaid, or by overnight express delivery, such as Federal
Express, to the parties at the addresses listed below. Any notice given pursuant to
this Agreement shall be deemed given when received. Any actions required to be
taken hereunder which fall on Saturday, Sunday, or United States legal holidays
shall be deemed to be performed timely when taken on the succeeding day
thereafter which shall not be a Saturday, Sunday or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
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56264360;2