HomeMy WebLinkAboutSubmittal-Neisen Kasdin-Updated Development AgreementSECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA
AND NORWEGIAN WOOD ACQUISITIONS, LLC, OAK
PLAZA ASSOCIATES (DEL.) LLC, JUNGLE PLAZA, LLC,
4200 ASSOCIATES LLC, PARADISE PLAZA ASSOCIATES,
LLC, HALF -CIRCLE PROPERTY (DEL.) LLC, LOVELY
RITA ACQUISITIONS, LLC, UPTOWN GIRL
DEVELOPMENT LLC, SUN KING, LLC, DACRA DESIGN
4141 LLC, MDDA MORNING DEW, LLC, AND TINY
DANCER ACQUISITIONS, LLC REGARDING APPROVAL
OF THE MIAMI DESIGN DISTRICT RETAIL STREET
SPECIAL AREA PLAN AND RELATED DEVELOPMENT
OF APPROXIMATELY 22.56 ACRES.
THIS AGREEMENT is entered this day of , 2021 by and between
Norwegian Wood Acquisitions, LLC, Oak Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200
Associates, LLC, Paradise Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita
Acquisitions, LLC, Uptown Girl Development, LLC, Sun King, LLC, Dacra Design 4141 LLC,
MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC, Delaware limited liability
companies (each, individually, "Developer Party," and collectively, the "Developer Parties"), and
the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("City")
(Developer Parties and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, the Miami Design District (the "District") spans portions of fifteen (15) city
blocks containing properties generally bounded on the east by Biscayne Boulevard, south by NE
381h Street, west by North Miami Avenue, and north by NE 40th Street; or properties generally
located within the area boundaries of the Miami Design District area ("SD-8") as designated under
former zoning Ordinance 11000; and serviced by three (3) Miami -Dade Transit routes; and
WHEREAS, the District has recently become an internationally recognized center for
furniture design and a burgeoning home for the, arts, high fashion, restaurants, and -a center for
creative employment; and
WHEREAS, the emerging status of the District is consistent with the City's vision to
develop a world class destination for the arts, fashion, and design, and, as such, the City wishes to
encourage redevelopment within the District; and
WHEREAS, the development of multi -family residential housing in the District will
complement existing retail and restaurants, encourage pedestrian activity, and provide additional
housing options in the urban core proximate to local and regional transportation; and
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WHEREAS, the City and Developer Parties wish for development of the subject properties Q) °N°
to proceed in a manner consistent with the Miami Comprehensive Neighborhood Plan +' �-
("Comprehensive Plan") and the City's land development regulations; and CD
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WHEREAS, the Developer Parties previously sought, and the City granted, an amendment N
to Future Land Use Map designations within the Comprehensive Plan for selected properties E o
within the District from Duplex Residential/Medium Density Multifamily Residential to Medium -a c:
Density Restricted Commercial in order to facilitate redevelopment within the District; and "' ° °
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WHEREAS, a process exists within the City's zoning code ("Miami 21 "), known as a
"Special Area Plan" or "SAP," which allows parcels of more than nine (9) abutting acres to be
master planned to allow greater integration of public improvements and infrastructure, and greater
flexibility so as to result in higher or specialized quality building and streetscape design; and
WHEREAS, on July 26, 2012, the City Commission approved the Miami Design District
Retail Street Special Area Plan ("SAP") for a 19.08 acre area in the District under Ordinance
13334, and the City subsequently amended the SAP via the adoption of Ordinance 13414 on
October 24, 2013, to include 12 additional parcels for a total area of 21.06 acres; and
WHEREAS, Sec. 3.9.1 of Miami 21 requires development within the SAP to occur
pursuant to a recorded development agreement between the property owner(s) and the City; and
WHEREAS, on February 19, 2013, the Parties and their predecessors in interest recorded
a master development agreement for the SAP to implement their vision for the District at Official
Records Book 28495, Page 558, of the Public Records of Miami -Dade County, Florida, which was
subsequently superseded by an Amended and Restated Development Agreement for the SAP,
recorded on September 18, 2014, at Official Records Book 29314, Page 1880, of the Public
Records of Miami -Dade County, Florida ("Master Development Agreement"); and
WHEREAS, on March 12, 2015, the City Commission approved an amendment to the
SAP under Ordinance No. 13505 that added properties located at 220 NE 43rd Street to the SAP,
increasing the total area to approximately 22.86 acres, and the City Commission approved a
companion development agreement with 4201 NE 2nd Avenue, LLC under Ordinance 13506 for
the development of 220 NE 43rd Street pursuant to the SAP, recorded at Official Records Book
29595, Page 4542, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on April 28, 2016, the City Commission approved an amendment to the SAP
under Ordinance No. 13603 that removed properties located at 53-61 NE 415t Street from the SAP,
decreasing the total area to approximately 22.56 acres, and the City Commission approved a
companion release from the Master Development Agreement under Ordinance No. 13604 that
removed 53-61 NE 415t Street from the SAP, as recorded at Official Records Book 30568, Page
918, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on January 24, 2019, the City Commission approved an amendment to the
Master Development Agreement under Ordinance No. 13802 which removed Flagler Holding
Group, Inc. (owners of 4218 NE 2nd Avenue) from the Master Development Agreement, as
recorded at Official Records Book 31455, Page 2650, of the Public Records of Miami -Dade
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County, Florida, and the City Commission approved a companion item approving a separate
development agreement with Flagler Holding Group, Inc.; and
WHEREAS, on , 2021, the City Commission approved amendments to
the SAP under Ordinance No. that modified the Regulating Plan and Design Concept Book
for the SAP to facilitate development of multi -family residential housing and office uses in the
District; and
WHEREAS, the Developer Parties also seek to amend the underlying Development
Agreement, to correct the Developer Parties list, as many of the entities have merged, and to update
the SAP Regulating Plan and Concept Plan attached thereto; and
WHEREAS, several of the original Developer Parties: Ben Newton, LLC, Dacra Design
Moore (Del), LLC, FCAA, LLC, Monte Carlo Associates (Del.), LLC; Penny Lane Acquisitions,
LLC, Sweet Virginia Acquisitions, LLC, all merged into Oak Plaza Associates (Del.), LLC, as
reflected in the Certificate of Merger found in Official Record Book 29662, Page 3958 of the
Public Records of Miami -Dade County, Florida; and
WHEREAS, Oak Plaza Associates (Del.) LLC has conveyed certain parcels of the subject
properties to Jungle Plaza, LLC, 4200 Associates, LLC, and Paradise Plaza Associates, LLC,
respectively, and in connection with such conveyances, has assigned to the respective grantees its
rights under this Agreement with respect to the properties conveyed to such grantee, and each such
grantee has assumed the obligations of Oak Plaza Associates (Del.) LLC under the underlying
Development Agreement with respect to the property conveyed to it, and each such grantee is a
successor Developer Party thereunder; and
WHEREAS, both Flagler Holding Group, Inc. and 4201 NE 2"d Avenue, LLC, executed
separate development agreements with the City, as reflected above, and should be removed from
the Developer Parties list to this application; and
WHEREAS, based on all of the foregoing amendments to the SAP and the Master
Development Agreement made since the SAP was originally approved for the District in 2012, the
fact that several Developer Parties have changed due to successors in interest or mergers, required
updates to the current list of parcels that currently make up the SAP as identified on page AI A and
A1.5 of the Miami Design District Retail Street Special Area Plan Design Concept Book, as
amended (hereinafter, the "SAP Property", "SAP Properties", or "SAP Area" - sketch and legal
descriptions of which are attached as Exhibit "A"), and clarifications to certain terms and
conditions, the Parties seek to amend and restate the Master Development Agreement in its entirety
for a second time, pursuant to the procedures for modifications set forth in Section 36; and
WHEREAS, the City and Developer Parties wish for development within the District to
proceed substantially in accordance with the Miami Design District Retail Street SAP Regulating
Plan and Design Concept Book, as most recently modified on 2021 under Ordinance
No. referenced above, both of which are attached as Exhibit "B" hereto and
incorporated herein by reference ("Regulating Plan and Design Concept Book"); and
WHEREAS, lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
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escalate the cost of housing and development, and discourage commitment to comprehensive 0 a v
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WHEREAS, assurance to Developer Parties that they may proceed in accordance with N
existing laws and policies, subject to the conditions of a development agreement, strengthens the o 0
public planning process, encourages sound capital improvement planning and financing, assists in
assuring there are adequate capital facilities for the development, encourages private participation "' v °
in comprehensive planning, and reduces the economic costs of development; and I
WHEREAS, the modifications identified above will ensure the continued vitality of the
District, and provide additional employment opportunities for the neighborhood and region; and
WHEREAS, the City Commission, pursuant to Ordinance No. , adopted
2021 has authorized the City Manager to execute this agreement upon
substantially similar terms and conditions as set forth herein below, and the Developer Parties have
been duly authorized to execute this agreement upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein, and
effective on the "Effective Date" (defined below), the Master Development Agreement is hereby
amended and restated in its entirety for a second time to read as follows:
Section 1. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
Section 2. Rules of Legal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof, "hereto" and such similar terms shall
refer to the instant Agreement in its entirety and not to individual sections or
articles;
(e) The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or the Developer Parties, as all parties are drafters of this
Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into
the Agreement; provided however, that this Agreement shall be deemed to control
in the event of a conflict between the attachments and this Agreement.
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Section 3. Definitions. Capitalized terms which are not specifically defined herein shall have
the meaning given in Miami 21.
"Agreement" means this Second Amended and Restated Development Agreement
between City of Miami, Florida and Norwegian Wood Acquisitions, LLC, Oak
Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200 Associates LLC, Paradise
Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita Acquisitions,
LLC, Uptown Girl Development LLC, Sun King, LLC, Dacra Design 4141 LLC,
MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC regarding
approval of the Miami Design District Retail Street Special Area Plan and Related
Development.
"City" means the City of Miami, a municipal corporation of the State of Florida,
and all departments, agencies and instrumentalities subject to the jurisdiction
thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2013), meeting the requirements of Section 163.3177, Florida
Statutes (2013), Section 163.3178, Florida Statutes (2013) and Section
163.3221(2), Florida Statutes (2013), which was in effect on the date of recordation
of the Master Development Agreement. Notwithstanding the foregoing, the
amendments to the Comprehensive Plan regarding maximum allowed density for
the High Density Multifamily Residential designation, having an effective date of
May 14, 2018, shall apply to Development pursuant to this Agreement.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Developer Party" means an individual property owner who is a signatory to this
Agreement.
"Developer Parties" means the property owners who are signatories to this
Agreement.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of
land into three or more parcels and such other activities described in Section
163.3221(4), Florida Statutes (2019).
"Effective Date" is the date of recordation of this Agreement.
"Existing Zoning" is (a) Miami 21 Code, April 2012, specifically including the
Miami Design District Retail Street SAP Regulating Plan and Design Concept
Book, and related modifications to the Transect designations of lots within the SAP
Area, and (b) the provisions of the Charter and City of Miami Code of Ordinances
("Code") which regulate development, specifically including Chapters 10, 13, 22,
22.5, 23, 36, 54, 55 and 62 of the Code, as amended, through the date of recordation
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of the Master Development Agreement, which together comprise the effective land
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development regulations governing development of the SAP.
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"Land" means the earth, water, and air, above, below, or on the surface and
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includes any improvements or structures customarily regarded as land.
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"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
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development regulations, and rules adopted by a local government affecting the
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development of land.
"Public Facilities" means major capital improvements, including, but not limited
to, transportation, sanitary sewer, solid waste, drainage, potable water, educational,
parks and recreational, streets, parking and health systems and facilities.
"Property Interest" means any ownership interest in any SAP Property.
"Master Development Agreement" means that certain Amended and Restated
Development Agreement for the SAP made by and between the Parties, recorded
on September 18, 2014, at Official Records Book 29314, Page 1880, of the Public
Records of Miami -Dade County, Florida.
"Retail Developer Party" consists of the Developer Party known as Oak Plaza
Associates (Del.) LLC, who is a signatory to this Agreement.
"Retail Street Project" means that existing and proposed development within the
District and occurring on properties within the SAP denoted on sheet A1.5 of the
Miami Design District Retail Street Special Area Plan Design Concept Book.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize Developer
Parties to continue to redevelop the SAP Properties pursuant to the SAP. The Master Development
Agreement established the land development regulations that govern development of the SAP
Properties, thereby providing the Parties with additional certainty during the development process.
This Agreement satisfies the requirements of Section 3.9.1(f) of Miami 21.
Section 5. Intent. Developer Parties and the City intend for this Agreement to be construed
and implemented so as to effectuate the purpose of the Miami Design District Retail Street SAP,
this Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government
Development Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2019).
Section 6. Applicability. This Agreement only applies to the SAP Properties identified in
Exhibit "A." This Agreement shall amend, restate, replace and supersede the Master
Development Agreement in its entirety, and upon recordation of this Agreement the prior Master
Development Agreement shall be deemed null and void.
Section 7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall have
a term of thirty (30) years from the Effective Date and shall be recorded in the public records of
Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended
by mutual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida
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Statutes (2019). This Agreement shall become effective on the Effective Date and shall constitute
a covenant running with the land that shall be binding upon, and inure to, the benefit of the parties,
their successors, assigns, heirs, legal representatives, and personal representatives.
Section S. Permitted Development Uses and Building Intensities.
(a) Miami Design District Retail Street SAP Designation. The City has designated
certain properties as the Miami Design District Retail Street SAP on the official
Zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The
Regulating Plan and Design Concept Book are attached as Exhibit "B". In
approving the Miami Design District Retail Street SAP, the City has determined
that the uses, intensities and densities of development permitted thereunder are
consistent with the Comprehensive Plan and the Existing Zoning.
(b) Density, Intensity, Uses and Building Heights.
(1) As of the Effective Date and pursuant to the Miami Design District Retail
Street SAP, the density and intensity proposed for the SAP shall be
consistent with the densities and intensities permitted by the Existing
Zoning. Adjacent and non -adjacent parcels within the SAP Area which
have unutilized density or unutilized FLR, located within the T6 Urban Core
transect zone ("76 Properties") may transfer such unutilized density or
unutilized FLR ("Remaining Aggregate Density or Remaining Aggregate
FLR") to other T6 Properties within the SAP Area, provided however that
each individual project on those T6 Properties must comply with the limits
imposed by the SAP Regulating Plan and the Comprehensive Plan.
Notwithstanding the forgoing, density and intensity shall be counted on an
aggregate basis for all T6 Properties located within the SAP; such that the
total aggregated density and intensity throughout the T6 Properties shall not
surpass the aggregated as -of -right maximum (i.e. base) density and intensity
permitted in the underlying T6 Properties. Aggregated density and
intensity, as well as the Remaining Aggregate Density and Remaining
Aggregate FLR will be tracked via an aggregated rights tracking sheet
("Tracking Sheet") and reviewed annually as part of the Annual Review
process as indicated in Section 19.
(2) The non-residential development permitted on the SAP Properties includes,
but is not limited to, the following uses: office, hotel, retail, auto -related
commercial establishments (non -service), entertainment, educational, and
any other uses permitted by the Existing Zoning.
(3) Nothing herein shall prohibit the Developer Parties from requesting a
change of zoning, pursuant to Article 7 of Miami 21, to increase the density
or intensity of development permitted by the underlying Transect
designation of that certain property forming part of the Miami Design
District Retail Street SAP by amending the SAP and this Agreement.
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(4) In the event the City amends its Comprehensive Plan to permit the transfer
of densities within a specified area so as to permit densities in excess of the
density limits set forth in a particular Future Land Use Map category,
nothing herein shall prohibit the Developer Parties from requesting such
density transfers within the Miami Design District Retail Street SAP.
(5) SAP Properties having an underlying transect designation of T6 Urban Core
are eligible to transfer unutilized density or FLR between development
sites, up to the maximums set forth in the Regulating Plan. This process is
separate and apart from the Public Benefits Program set forth in Section
3.14 of Miami 21 and Section 3.14 of the Regulating Plan.
(c) Environmental. The City finds that the proposed development will confer a
significant net improvement upon the publicly accessible tree canopy in the area.
The City and Developer Parties agree that Developer Parties will comply with the
intent and requirements of Chapter 17 of the City Code, subject to the modification
set forth herein, by performing tree replacement within the SAP Area where
possible.
(1) Off -site replacement trees. Notwithstanding the requirements of Sec. 17-
6.(e) of the City Code, where replacement within the SAP Area is not
physically possible, any Developer Party may enter into an agreement with
the City to perform tree replacement on public property in the following
order of priority: (i) within the District; (ii) within a one (1) mile radius of
the District; or (iii) within any City park. Particular emphasis shall be paid
to replacement along gateway corridors within and surrounding the District,
specifically N. Miami Avenue, N.E. 2°d Avenue, NE 36th Street, NE lst
Avenue, and Biscayne Boulevard. Further emphasis shall also be placed on
the possible placement of trees within the boundaries of the following
neighboring communities: (i) Buena Vista Heights; (ii) Buena Vista East;
and (iii) Brentwood. The City further agrees to facilitate the permitting and
planting of replacement trees on all publicly owned property within the
aforementioned areas and within City parks. The Developer Parties further
agree to work with the residents and representatives of the aforementioned
communities to identify locations for and coordinate the placement of said
trees. Each Developer Party undertaking tree replacement off -site for any
parcel of land within the SAP Area shall agree to water, trim, root, prune,
brace, or undertake any other necessary maintenance as may be required by
the Public Works Department for a period of not greater than thirty (30)
days after installation. Each Developer Party undertaking any off -site tree
replacement further agrees to warrant each such off -site replacement tree
for a period of one (1) year after the date of installation.
(2) SAP Area tree installation, maintenance and guarantee. For all trees placed
within the SAP Area, each Developer Party placing such trees shall install
any needed irrigation and corresponding water meters to support the growth
of trees located within the right-of-way. Each Developer Party undertaking
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tree replacement for any parcel of land shall agree to water, trim, root,
prune, brace, or undertake any other necessary maintenance as may be
required for trees located within the SAP Area. Each Developer Party
undertaking any such tree placement within the SAP Area further agrees to
warrant each SAP Area tree for a period of one (1) year after installation.
(3) Tree replacement chart. The tree replacement chart below shall be used to
determine whether a Developer Party has satisfied the tree replacement
requirements for any particular parcel of land as set forth in Sec. 17-6.(a) of
the City Code. The chart below shall replace and supersede Chart 17.6.1.1.
in the City Code.
Tree Replacement Chart
Total diameter of tree(s) to be
removed (sum of inches at DBH)
Total inches of replacement DBH
required (12' minimum tree height)
2"- 3"
2"
4"- 6"
4"
7"- 12"
8"
13 "- 18"
12"
1911- 24"
16"
2511- 30"
20"
31 "- 36"
24"
3711- 42"
28"
4311- 48"
32"
49"- 60"
40"
To determine whether the replacement requirements have been satisfied,
calculate the total sum in inches of the diameter of the trees removed. The
size of the replacement trees diameter at breast height (DBH) must equal
the total inches of replacement DBH set forth in the above chart. Diameter
measurement shall be rounded up to the nearest inch. If the sum of the
diameter of trees to be removed exceeds a total of 60 inches, the additional
inches shall be added cumulatively from the top of the chart, down to the
bottom of the chart, to calculate the number of DBH for replacement trees.
(4) Tree species. The chart set forth below shall replace and supersede Chart
17.6.2.1. in the City Code. All other requirements set forth in Sec. 17-6.(b)
of the City Code shall apply within the SAP Area.
Required total DBH for replacement
trees
Required minimum number of
species
22% 40"
2
41 "- 100"
4
101 " or greater
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(5) Tree installation. A Developer Party shall install trees opportunistically
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within the public right-of-way, subject, at all times, to approval by the
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Section 9. Connectivity and Activity within Public Right -of -Way.
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(a) Connectivity. A critical element to the success of the Retail Street Project is the
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below -grade connectivity within the public right-of-way along N.E. 4 1 ' Street. The
proposed below -grade connection will facilitate ease of access, minimize
pedestrian and vehicular conflicts, and reduce the Retail Street Project's traffic
impacts by enhancing internalized traffic circulation, reducing off -site impacts and
expanding parking capacity within the District.
The Developer Parties recognizes that such connectivity and commercial usage
may require approval of other governmental agencies such as Miami -Dade County.
The City finds and determines that establishing such connectivity below N.E. 41"
Street serves a public purpose, and further agrees to support the Developer Parties'
efforts to obtain any authorization to establish such proposed below -grade
connection where the approval of another governmental agency may be necessary.
The City further finds that the authorization of such a connection below the public
right-of-way shall in no way diminish access for firefighting apparatus or rescue
and salvage operations; diminish traffic, transportation and circulation; or adversely
impact the advancement of the safety, health, and general welfare within the City.
Given the public benefits conferred upon the City by the below -grade connection
beneath N.E. 41 st Street and across the public right-of-way, the provisions of Sec.
54-186 prohibiting such below -grade encroachment beyond the City's established
base building lines shall not apply to the Miami Design District Retail Street SAP.
(b) Construction of encroachments within the Public Right -of -Way. The City finds
that the encroachments proposed by the Developer Parties do not unduly restrict
the use of the public right-of-way and are an essential element in the construction
of the vehicular underpass below the same rights -of -way. The adoption of this
Agreement shall serve to satisfy the requirements set forth in Sec. 55-14(b) of the
City Code.
Notwithstanding the requirements of Sec. 55-14(c) of the City Code, the City agrees
to waive any and all claims to payment of a user fee in connection with the
construction of the aforementioned encroachments within the public rights -of -way
and the use of the same for both vehicular travel and public parking.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City
Code. In consideration for authorizing the construction of the aforementioned
encroachments, the Developer Parties further covenant to:
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(1) Maintain the below -grade vehicular underpasses and public parking in
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accordance with the Florida Building Code and the City Charter and Code.
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(2) Provide an insurance policy, in an amount determined by the City's risk
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manager, naming the City as an additional insured for public liability and
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property damage. The insurance shall remain in effect for as long as the
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encroachment(s) exist within the right-of-way. Should the Developer
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Parties fail to continuously provide the insurance coverage, the City shall
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have the right to secure similar insurance policy in its name and place a
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special assessment lien against the owner's abutting private property for the
total cost of the premium.
(3) The Developer Parties shall hold harmless and indemnify the City, its
officials and employees from any claims for damage or loss to property and
injury to persons of any nature whatsoever arising out of the use,
construction, maintenance or removal of the vehicular underpass and from
and against any claims which may arise out of the granting of permission
for the encroachment or any activity performed under the terms of this
Agreement.
Section 10. Public Facilities. As of the date of recordation of the Master Development
Agreement, the Developer Parties have conducted an extensive analysis of the Public Facilities
available to serve the SAP Area and the Retail Street Project. In the event that the Existing Zoning
and/or the Comprehensive Plan require a Developer Party or the Retail Developer Party to provide
Public Facilities to address any deficiencies in required levels of service occasioned by future
development within the SAP Area or as a result of the development of the Retail Street Project,
such Developer Party or the Retail Developer Party, as appropriate, shall provide such Public
Facilities consistent with the timing requirements of s. 163.3180(2)(a), (b) and (c), Florida Statutes
(2019), or as otherwise required by Chapter 13 of the City Code, if applicable. The Developer
Parties shall be bound by the City impact fees and assessments in existence as of the date of
recordation of the Master Development Agreement.
Section 11. Project Approval.
(a) Future Development Review. Future development within the Miami Design
District Retail Street SAP shall proceed pursuant to the processes and in accordance
with the design requirements set forth in the Regulating Plan and Design Concept
Book, attached as Exhibit "B". The criteria to be used in a determination regarding
whether future development shall be approved is the proposed development's
consistency with the Comprehensive Plan, this Agreement and the Miami Design
District Retail Street SAP.
With regard to SAP Parcels 57-61 as identified on Page AI A of the Concept Book,
the Developer Party agrees to meet with representatives of the Buena Vista Heights
Neighborhood Association not less than fifteen (15) days in advance of submitting
any redevelopment site plans for said parcels to the City for processing.
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With regard to SAP Parcel 9 (i.e. Tuttle (South)) as identified on Page A1.4 of the
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Concept Book the Developer Party agrees to meet with representatives of the Bay
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not less than fifteen (15) days in advance of submitting any redevelopment site
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plans for said parcels to the City for processing.
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(1) The Comprehensive Plan, the Existing Zoning, and this Agreement
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shall govern the development of the SAP Properties designated a part
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thereof for the duration of the Agreement. The City's laws and policies
adopted after the date of recordation of the Master Development Agreement
may be applied to the SAP only if the determinations required by s.
163.3233(2), Florida Statutes (2019) have been made following a public
hearing or as otherwise provided herein.
(2) Pursuant to s. 163.3233(3), Florida Statutes (2019), this prohibition on
downzoning supplements, rather than supplants, any rights that may vest to
Developer Parties under Florida or Federal law. As a result, Developer
Parties may challenge any subsequently adopted changes to land
development regulations based on (a) common law principles including, but
not limited to, equitable estoppel and vested rights, or (b) statutory rights
which may accrue by virtue of Chapter 70, Florida Statutes (2019).
Section 12. Alcoholic Beverage Sales. Upon approval of this Agreement, pursuant to Chapter
4 of the City Code, two (2) Retail Specialty Centers are hereby designated for properties within
the SAP Area. The Miami Design District Retail Street SAP Retail Specialty Center North
("Retail Specialty Center North") shall consist of all SAP Properties located north of the mid -line
of the right-of-way of NE 401h Street and the Miami Design District Retail Street SAP Retail
Specialty Center South ("Retail Specialty Center South") shall include properties located south of
the mid -line of the right-of-way of NE 40th Street.
The maximum number of Alcohol Service Establishments (as defined in Chapter 4 of the City
Code) permitted within each Retail Specialty Center shall not exceed five (5) establishments,
inclusive of any such establishments in existence as of the date of this Agreement, but exclusive
of any bona fide, licensed cafes, restaurants, and other establishments where the sale of alcoholic
beverages is entirely incidental to and in conjunction with the principal use of the sale of food
(e.g. bona fide, licensed restaurants, with a 2-COP, 4-COP, 4-COP SFS or an equivalent license).
The number of approved establishments may be increased by amendment to this Agreement.
Each Alcohol Service Establishment permitted within the Retail Specialty Center North and
the Retail Specialty Center South, exclusive of bona fide, licensed cafes, restaurants, and other
establishments where the sale of alcoholic beverages is incidental to the principal use of the
sale of food, shall be permitted pursuant to the requirements of the Miami Design District
Street Regulating Plan, attached hereto as part of Exhibit "B", and any applicable provision of
Chapter 4 of the City Code not in conflict with the provisions of this Agreement.
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Each of the Alcohol Service Establishments within both the Retail Street SAP Retail Specialty
Center North and Retail Specialty Center South permitted pursuant to this Section shall be
reserved for the benefit of the Retail Developer Party, unless otherwise modified by a separate
written agreement between the Developer Parties.
Section 13. Valet Parking. The Developer Parties established a uniform valet system to service
the SAP Properties and the District generally. Notwithstanding the limitations set forth in Sec. 35-
305 of the City Code, a maximum of two (2) valet permits may be issued for the operation of a
valet parking ramp on the same side of the block where the permit applicant is the operator of the
uniform valet system.
Section 14. Temporary/Special Events. To the extent governed by the laws and regulations
of the City of Miami, the City Commission hereby finds and agrees that the following special
events constitute ancillary uses of the Retail Street Project: event banners, farmers' markets, grand
openings, holiday sales, outdoor sales, ground breakings, and neighborhood sales events. For
events which the Developer Parties anticipates to exceed (75%) seventy five percent of the
maximum permitted occupancy, inclusive of Open and Civic Space or (2,100) two thousand one
hundred guests, whichever is less, the applicable Developer Party, or its designee, shall submit an
application for review to the City of Miami Office of Film and Entertainment (or successor
department, if applicable) no less than five (5) working days prior to the date of any such
event. The City agrees to complete its review within three (3) working days of the submittal of
the required application to ensure coordination of needed City services and avoid possible adverse
impacts due to multiple events occurring within the immediate and surrounding area.
The City Commission further finds that the above -listed activities, which shall not
exceed the maximum permitted occupancy of the Retail Street Project, will not:
(i) substantially interrupt the safe and orderly movement of other traffic contiguous to
the special event;
(ii) substantially diminish routine police service levels to the entire community;
(iii) unduly interfere with the proper fire and police protection or ambulance service to
areas contiguous to the special event as a result of the concentration of persons and
vehicles;
(iv) interfere with the movement of firefighting apparatus en route to an emergency call;
and
(v) present an unreasonable danger to the health and safety of the public.
Notwithstanding the requirements of Secs. 62-521, and 62-522, the above -stated activities shall
not require the issuance of a City permit.
Section 15. Public Benefits.
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(a) Job Creation & Employment Opportunities. Generally, the Developer Parties
shall consult with local and/or state economic development entities regarding job
training and job placement services for area city residents seeking employment
opportunities with potential employers which will locate or establish a business
within the SAP Area.
(1) Construction Employment. The Developer Parties shall use best efforts to
work with the City in the following areas:
a. Job Sourcing. The Developer Parties shall require their general
contractor(s) to use best efforts to work with the City's Miami Works
Initiative or similar program to source job opportunities for both
skilled and unskilled laborers seeking employment opportunities
within the construction industry.
b. Community Business Enterprise (CBE) Participation. The
Developer Parties shall require their general contractor(s) to use best
efforts to award a minimum of twenty percent (20%) of the direct
construction contract costs to subcontractors whose firms are certified
by Miami -Dade County as CBEs.
C. Local Workforce Participation. The Developer Parties shall require
their general contractor(s) to use best efforts to employ a minimum
of twenty percent (20%) of on -site labor from persons residing within
the municipal boundaries of the City of Miami.
(2) Restaurant and Retail Employment. The Developer Parties anticipate that
a significant number of employment opportunities in the culinary and retail
sectors will be generated within the SAP Area. Developer Parties shall use
best efforts to work with Miami Dade College, through its culinary and
retail institutes, or with similar institutions or organizations, in consultation
with the City, to place qualified graduates of such programs in employment
opportunities within the SAP Area.
(3) Hospitality Employment. The Developer Parties anticipate that a number
of job opportunities in the hospitality sector will be generated within he SAP
Area. The Developer Parties shall use best efforts to work with Miami Dade
College, through its hospitality institute, or with similar institutions and
organizations, in consultation with the City, to place qualified graduates of
the hospitality institute in employment opportunities within the SAP Area.
In addition, the Developer Parties shall use best efforts to assist the City in
identifying employment opportunities within the hospitality sector outside
the SAP Area and place qualified graduates of the hospitality institute in
positions.
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(b) Park/Open Space Enhancements. As consideration for certain reductions to
standards set forth in the City's land development regulations, the Developer Parties
hereby agree to undertake the following improvements:
(1) Woodson Mini -Park Enhancement: The City owns and operates an existing
mini -park, located at approximately 699 NE 36th Street (Folio No. 01-3219-
000-0010), consisting of a parcel of land approximately 6,811 sq. ft. in size
and any improvements thereon. In consultation with City Planning staff
and subject to their approval, and that of any other City department, the
Developer Parties hereby agree to design and construct the proposed
improvements (e.g. enhanced landscaping, lighting, fencing, and similar
improvements), etc., to the park at their sole cost and expense within three
(3) years of the Effective Date.
(2) Park/Open Space Acquisition: The Developer Parties shall use best efforts
to acquire a parcel of land of not less than 3,500 sq. ft. in size for park/open
space within the SAP Area, the District, or within the immediate vicinity of
the District to offset a deficiency of (20,114 sq. ft.) twenty thousand square
feet of required Open Space. Said parcel of land shall be dedicated to the
City as a public park/open space and improved by the Developer Parties,
which improvements shall be consistent with the design treatment approved
by the City for Woodson Mini -Park and incorporate similar elements (e.g.
enhanced landscaping, lighting, fencing, and similar improvements), etc.
The Developer Parties shall complete such acquisition and improvements
within three (3) years of the Effective Date.
If such acquisition is not timely completed within period set forth above,
the Developer Parties shall be required to make a contribution to the City's
Public Parks and Open Space Trust Fund in an amount equal to the required
cash contribution contemplated under Sec. 3.14.4(b)(3) of Miami 21 for not
less than (20,114 sq. ft.) twenty thousand one hundred fourteen square feet
of Open Space or $217,432.34 within three (3) years of the aforementioned
completion date. The amount of said contribution shall be apportioned
between each Developer Party in accordance with method set forth in
subparagraph (4) below.
(3) Open Space Contribution: The Developer Parties shall strive to provide a
minimum of ten percent (10%) of Open Space, but in no event less than six
and a half percent (6.5%) of Open Space consistent with the requirements
set forth in the Regulating Plan and Concept Book. Should the Open Space
within the SAP Area at the completion of the Retail Street Project or within
five (5) years of the Effective Date, whichever is earlier, equal less than the
aforementioned 10% goal, then the Developer Parties shall make a cash
contribution to the City's Public Parks and Open Space Trust Fund at the
rate of $10.81 per sq. ft., as contemplated under Sec. 3.14.4(b)(3) o Miami
21, for the square footage comprising the difference between the 10% Open
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Space goal and the minimum requirement of 6.5%. The amount of said
contribution shall not exceed $241,000 for the maximum anticipated deficit
of 22,293 sq. ft. of Open Space and shall be apportioned among the
Developer Parties in accordance with the method set forth in subparagraph
(4) below.
(4) Apportionment of the Cost of Woodson Mini -Park Enhancement
Park/Open Space Acquisition, & Open Space Contribution: The
improvements and park acquisition referred to in subparagraphs (1), (2), and
(3) above are called the "Park Contribution" (collectively, the
"Contributions"). The cost of the Contributions shall be borne by each
Developer Party commensurate with the size of their respective land
holdings or total Lot Area, as defined in the Existing Zoning, in accordance
with the following formula:
[Developer Party Lot Area (sq. ft.) / SAP Total Lot Area (sq. ft.)] * 100 =
Developer Party Percentage Contribution (%).
Unless and to the extent that the Developer Parties otherwise agree by
instrument signed by the Developer Parties and recorded in the Public
Records of Miami -Dade County, Florida: (a) the Park
Enhancement/Acquisition shall be initiated by the Retail Developer; (b)
each Developer Party shall pay to the Retail Developer its share of such cost
of the Park Enhancement/Acquisition as costs are incurred; (c) Retail
Developer shall from time to time have the right to issue (and record at
Retail Developer's option), certificates indicating the status of any sums due
to it for the Park Contribution. Any such sums not paid to the Retail
Developer within ten (10) days after such payment is due shall bear interest
at the rate of 18% per annum (but not more than the highest rate permitted
by law) and shall constitute a lien on the property within the SAP that is
owned by such Developer Party from whom such payment is due.
(c) Street Right -of -Way Improvements. In order to foster a uniform aesthetic, the
Developer Parties or Retail Developer Party, where appropriate, agree that any
right-of-way improvements to the northern half of NE 38th Street, all of NE 39th
Street, and the southern half of NE 42°d Street between NE 1 St and 2"d Avenues, as
well as right-of-way improvements to NE I" and 2nd Avenues between NE 38th and
42nd Streets, shall include the entire length of the block, even when SAP Properties
only make-up a portion of the block. The applicable Developer Parties shall, at a
minimum, improve the right-of-way immediately fronting SAP Properties along
NE 40th and 41St Streets. Developer Parties and Retail Developer Party agree to
construct and maintain, at their sole cost and expense, any non-standard
improvements to the rights -of -way as described above. The above right-of-way
improvements have been completed as of the Effective Date.
The Developer Parties further agree to support the City's best efforts to effectuate
the construction of improvements within portions of the right-of-way fronting non-
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SAP Properties and which will serve to create a uniform or complementary design
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aesthetic within the SAP Area, whether through the adoption of design guidelines
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requiring right-of-way enhancements which complement the non-standard
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improvements proposed by the Developer Parties, solicitation of an appropriation
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from another governmental body to construct such improvements, or other
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appropriate action. In the event the City's best efforts fail to procure either funding
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for or construction of the desired right-of-way improvements within three (3) years
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of the Effective Date, the applicable Developer Parties further agree to design and
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construct the improvements within the portions of right-of-way fronting on non -
SAP Properties along NE 40th and 4 1 " Streets.
(d) NE 42°d Street Landscaping Enhancements. As evidenced by the letter of
support dated November of 2011 from the Buena Vista East Historic Neighborhood
Association ("Association"), attached to the Master Development Agreement as
Exhibit "D" the Retail Developer party shall work collaboratively with the
Association on the final design treatment for the north wall of the building slated
for development on north block within the SAP Area, the preliminary design
treatment for which is illustrated on pages A3.4 and A3.5 of the Design Concept
Book, attached hereto as part of Exhibit "B". The Retail Developer Parry shall
present the final design treatment to the Planning Director for review and approval,
following consultation with the Association, which review shall be evaluated for
consistency with the standards set forth in Art. 4, Table 12. This obligation has
been satisfied as of the Effective Date.
(e) Community Engagement. Consistent with the expressed will of the City
Commission, the Developer Party shall not less than on a quarterly basis meet with
the designated representatives of each of the following associations: (i) Buena
Vista Heights Homeowners Association; (ii) Buena Vista East Historic
Neighborhood Association; and (iii) Brentwood Neighborhood Association.
(f) Community Crime Watch Program. The Developer Parties agrees to provide
the Buena Vista Heights Neighborhood Association, Inc. (the "BVH Association")
a one-time grant, in amount requested by the BVH Association and memorialized
in a separate agreement with such Developer Parties, to underwrite the initial start-
up costs and a portion of the recurring operating costs of a neighborhood crime
watch program.
(g) FEC Right Of Way Improvements. In the event that one or more of the SAP
Properties fronting the Florida East Coast Railway right-of-way ("FEC Right -of -
Way") obtains a building permit for demolition or redevelopment, the applicable
Developer Party(s) that own the development site shall reserve a minimum of 10
feet ("Greenway Setback") abutting the FEC Right -of -Way for construction of a
greenway ("Greenway"). At the time of building permit for demolition or
redevelopment, if there is no plan for a Greenway in this area, the Planning Director
may release the Developer Party from this obligation. Additionally, Developer
Party(s) retain the right to construct bridge improvements and train platforms
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related to the FEC Right -of -Way in and over the Greenway Setback, so long as
these improvements do not affect pedestrian access to the Greenway.
In the event that a building permit for demolition or redevelopment is obtained as
described above, and there is feasible connectivity to two adjacent portions of the
Greenway connected to a larger Greenway system along the FEC Right -of -Way,
the applicable Developer Party(s) shall construct that portion of the Greenway
Setback abutting the FEC Right -of -Way. Construction of the Greenway within the
reserved area shall be consistent with improvements in similar publicly -accessible
areas throughout the District, including landscaping and other amenities. Developer
Parties reserve the right to utilize the area below the Greenway Setback for below -
grade building infrastructure, improvements, and other similar uses.
Section 16. Local Development Permits.
(a) The development of the SAP Property in accordance with the Existing Zoning is
contemplated by Developer Parties. Redevelopment of the SAP Property may
require additional permits or approvals from the City, County, State, or Federal
government and any division thereof. Subject to required legal process and
approvals, the City shall make a good faith effort to take all reasonable steps to
cooperate with and facilitate all such approvals. Such approvals include, without
limitation, the following approvals and permits and any successor or analogous
approvals and permits:
(1) Subdivision plat and/or waiver of plat approvals;
(2) Covenant or Unity of Title acceptance or the release of existing unities or
covenants;
(3) Building permits;
(4) Certificates of use and/or occupancy;
(5) Stormwater Permits;
(6) Development of Regional Impact approval, modification or exemption; and
(7) Any other official action of the City, County, or any other government
agency having the effect of permitting development of the SAP Property.
(b) In the event that the City substantially modifies its land development regulations
regarding site plan approval procedures, authority to approve any site plan for a
project on the SAP Properties shall be vested solely in the City Manager, with the
recommendation of the Planning Director. Any such site plan shall be approved if
it meets the requirements and criteria of the Existing Zoning, the Comprehensive
Plan and the terms of this Agreement.
Section 17. Necessity of Complying with Local Regulations Relative to Development Permits.
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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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permit, condition, fee, term, license, or restriction in effect on the date of recordation of the Master
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the regulation governing said permitting requirements, conditions, fees, terms, licenses, or
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restrictions.
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(a) For the term of this Agreement, the City hereby agrees that it shall permit the
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development of the SAP Property in accordance with the Existing Zoning, the
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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 Party 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 Party 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
Manager may be filed with the Hearing Boards Office within thirty (30) calendar
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 trip 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
(b)
With a copy to:
To Developer Parties:
With copies to:
City Attorney
City of Miami
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Planning & Zoning Director
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 3`d Floor
Miami, FL 33130
Dacra Design 4141 LLC
Half -Circle Property (Del.) LLC
Lovely Rita Acquisitions, LLC
MDDA Morning Dew, LLC
Norwegian Wood Acquisitions, LLC
Oak Plaza Associates (Del.) LLC
Jungle Plaza, LLC
4200 Associates, LLC
Paradise Plaza Associates, LLC
Sun King, LLC
Tiny Dancer Acquisitions LLC
Uptown Girl Development LLC
Attn: Craig Robins
3841 NE 2nd Avenue, Ste. 400
Miami, FL 33137
Akerman LLP
Attn: Neisen O. Kasdin, Esq.
1 SE 3`d Avenue, 25th Floor
Miami, FL 33131
Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining parties pursuant to the terms and conditions of
this section.
(c) Upon the occurrence of any event of default by any Developer Party, as described
in Section 28, or a determination by the City that a Developer Party has not
proceeded in good faith to comply with the terms of this Agreement, as described
in Section 19, the City shall provide written, courtesy notice of said default to each
non -defaulting Developer Party. Said notice shall identify the name of the
defaulting party, the address of the subject property(ies), and specify the default.
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Section 21. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood
and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of
Florida, and any applicable federal law, both as to interpretation and performance, and that any
action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any
provision hereof shall be instituted only in the courts of the State of Florida or federal courts and
venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County.
In addition to any other legal rights, the City and Developer Parties shall each have the right to
specific performance of this Agreement in court. Each party shall bear its own attorney's fees.
Each party waives any defense, whether asserted by motion or pleading, that the aforementioned
courts are an improper or inconvenient venue. Moreover, the parties consent to the personal
jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction.
The parties irrevocably waive any rights to a jury trial.
Section 22. Voluntary Compliance. Developer Parties and the City agree that in the event all
or any part of this Agreement is struck down by judicial proceeding or preempted by legislative
action, Developer Parties and the City shall continue to honor the terms and conditions of this
Agreement to the extent allowed by law.
Section 23. No Oral Change or Termination. This Agreement and the exhibits and appendices
appended hereto and incorporated herein by reference, if any, constitute the entire Agreement
between the parties with respect to the subject matter hereof. This Agreement supersedes any prior
agreements or understandings between the parties with respect to the subject matter hereof, and no
change, modification or discharge hereof in whole or in part shall be effective unless such change,
modification or discharge is in writing and signed by the party against whom enforcement of the
change, modification or discharge is sought. This Agreement cannot be changed or terminated
orally.
Section 24. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, Developer Parties and City shall comply with
all applicable federal, state or local laws, rules, regulations, codes, ordinances, resolutions,
administrative orders, permits, policies and procedures and orders that govern or relate to the
respective Parties' obligations and performance under this Agreement, all as they may be amended
from time to time.
Section 25. Representations; Representatives. Each party represents to the others that this
Agreement has been duly authorized, delivered and executed by such party and constitutes the
legal, valid and binding obligation of such party, enforceable in accordance with its terms.
Section 26. No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the other party shall be cumulative and in addition
to all other remedies at law or equity arising from such event of default, except where otherwise
expressly provided.
Section 27. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by any
party to promptly exercise any right arising hereunder shall not constitute a waiver of such right
unless otherwise expressly provided herein. No waiver or breach of any provision of this
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Agreement shall constitute a waiver of any subsequent breach of the same or any other provision
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Section 28. Events of Default.
(a) An event of default by any one Developer Party shall not constitute an event of
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default by all Developer Parties and shall not adversely affect the rights of those
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(b) A Developer Party shall be in default under this Agreement if Developer Party fails
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to perform or breaches any term(s), covenant(s), or condition(s) of this Agreement,
which breach is not cured within thirty (30) days after receipt of written notice from
the City specifying the nature of such breach; provided, however, that if such breach
cannot reasonably be cured within thirty (30) days, then Developer Party shall not
be in default if it commences to cure such breach within thirty (30) days and
diligently prosecutes such cure to completion.
(c) The City shall be in default under this Agreement if the City fails to perform or
breaches any term(s), covenant(s), or condition(s) of this Agreement and such
failure is not cured within thirty (30) days following receipt of written notice from
any Developer Party specifying the nature of such breach; provided, however, that
if such breach cannot reasonably be cured within thirty (30) days, the City shall not
be in default if it commences to cure such breach within thirty (30) days and
diligently prosecutes such cure to completion.
(d) It shall not be a default under this Agreement if any party is declared bankrupt by
a court of competent jurisdiction. All rights and obligations in this Agreement shall
survive such bankruptcy of either party. The parties hereby forfeit any right to
terminate this Agreement upon the bankruptcy of the other party.
(e) The default of a successor or assignee of all or any portion of any Developer Party's
rights hereunder shall not be deemed a default by such Developer Party.
Section 29. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other party, but
shall have all of the remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement which is not cured
within the applicable grace period, Developer Parties and the City agree that any
party may seek specific performance of this Agreement, and that seeking specific
performance shall not waive any right of such party to also seek monetary damages,
injunctive relief, or any other relief other than termination of this Agreement.
Section 30. Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
23
56264360;2
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect.
Section 31. Assignment & Transfer. This Agreement shall be binding upon each Developer
Party and its heirs, successors and assigns, including the successor to any Property Interest. Each
Developer Party, in its sole discretion, may assign, in whole or in part, this Agreement or any of
its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder
of a Property Interest without the prior written consent or any other approval of the City. Notice
of any assignment shall be provided to the City in accordance with the requirements of Section 20.
Any such assignee shall in writing in a legal form acceptable to the City Attorney assume all
applicable rights and obligations under this Agreement, and upon such assumption, the assigning
party shall be released from all obligations assumed by such assignee.
Section 32. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful termination of this
Agreement, the following obligations shall survive such termination and continue in full force and
effect until the expiration of a one year term following the earlier of the effective date of such
termination or the expiration of the Term: (i) the exclusive venue and choice of law provisions
contained herein; (ii) rights of any party arising during or attributable to the period prior to
expiration or earlier termination of this Agreement, and (iii) any other term or provision herein
which expressly indicates either that it survives the termination or expiration hereof or is or may
be applicable or effective beyond the expiration or permitted early termination hereof.
Section 33. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency, partnership or joint venture relationship between the City and Developer
Parties and neither Developer Parties nor its employees, agents, contractors, subsidiaries,
divisions, affiliates or guests shall be deemed agents, instrumentalities, employees, or contractors
of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall
not be deemed contractors, agents, or employees of Developer Parties or their subsidiaries,
divisions or affiliates.
Section 34. Cooperation; Expedited Permitting and Time is of the Essence.
(a) The Parties agree to cooperate with each other to the full extent practicable pursuant
to the terms and conditions of this Agreement. The Parties agree that time is of the
essence in all aspects of their respective and mutual responsibilities pursuant to this
Agreement. The City shall use its best efforts to expedite the permitting and
approval process in an effort to assist Developer Parties in achieving its
development and construction milestones. The City will accommodate requests
from Developer Parties' general contractor and subcontractors for review of phased
or multiple permitting packages, such as those for excavation, site work and
foundations, building shell, core, and interiors. In addition, the City will designate
an individual within the City Manager's office who will have a primary (though not
exclusive) duty to serve as the City's point of contact and liaison with Developer
Parties in order to facilitate expediting the processing and issuance of all permit and
license applications and approvals across all of the various departments and offices
24
56264360;2
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(a) In the event that a Developer Party, its successors and/or assigns fail to act in
accordance with the terms of the Existing Zoning, the City shall seek enforcement
of said violation upon the property(ies) within the SAP owned by such Developer
Party as applicable.
(b) Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any covenants set forth in this Agreement. Each
party to any such action shall bear their own attorney's fees.
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
Section 36. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of a Developer Party and the
City. Prior to any amendment or termination of this Agreement during its term, the City shall hold
two public hearings before the City Commission to consider and deliberate regarding such
amendment or termination.
Section 37. Third Party Defense. City and Developer Parties shall, at their own cost and
expense, vigorously defend any claims, suits or demands brought against them by third parties
challenging the Agreement or the Project, or objecting to any aspect thereof, including, without
limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida Statutes (2013), (ii) a
petition for writ of certiorari, (iii) an action for declaratory judgment, or (iv) any claims for loss,
damage, liability, or expense (including reasonable attorneys' fees). City and Developer Parties
shall promptly give the other written notice of any such action, including those that are pending or
threatened, and all responses, filings, and pleadings with respect thereto.
Section 38. No Conflict of Interest. Developer Parties agree to comply with Section 2-612 of
the City Code as of the Effective Date, with respect to conflicts of interest.
Section 39. No Third -Party Beneficiary. No persons or entities other than Developer Parties
and the City, their heirs, permitted successors and assigns, shall have any rights whatsoever under
this Agreement.
Section 40. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall constitute an original but all of which, when taken together, shall constitute one and
the same agreement.
25
56264360;2
Section 41. Estoppel.
(a) Upon request from time to time by any Developer Party or its successors and/or
assigns, or any holder of a mortgage on any SAP Property owned by a Developer Party,
the City shall deliver to such requesting party a letter (in recordable form, if requested, and
in a form reasonably acceptable to the City Attorney) stating whether the obligations of
such Developer Party or its successor and/or assign under this Agreement are current and
in good standing or have been satisfied. In the event such Developer Party or its successor
and/or assign is not current in its obligations or such obligations are not satisfied, said letter
shall state the particular manner in which such person's obligations under this Agreement
are not current and in good standing or have not yet been satisfied. No other person other
than a Developer Party (including its successor or assign), or a mortgagee of any SAP
Property owned by such a Developer Party, may request or rely upon such an estoppel.
(b) Within thirty (30) days of receipt of written request from a Developer Party or its
successor or assign or the holder of a mortgage on any SAP Property owned by a Developer
Party or its successor or assign, the City Manager, on behalf of the City, shall execute an
estoppel certificate or similar document, in form and substance reasonably acceptable to
the City Attorney, affirming the Developer Party's compliance with the conditions set forth
in the Agreement. Should the City fail to execute the requested estoppel certificate within
the aforementioned time period, the City's non -response shall be presumed to indicate the
Developer Party's compliance with the terms of the Agreement.
No other person other than a Developer Party (including its successor or assign), or a
mortgagee of any SAP Property owned by such a Developer Party, may request or rely
upon such an estoppel.
NOW, THEREFORE, the City and Developer Parties have caused this Agreement to be
duly executed.
[Signature blocks for City and Developer Parties]
26
56264360;2
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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of DACRA 4141 MANAGING MEMBER, INC., a Florida corporation, on
behalf of that corporation in its capacity as Managing Member of Dacra Design 4141 LLC, a
Delaware limited liability company, on behalf of that company. He is personally known to me or
who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
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The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware
limited liability company, the Manager of Half -Circle Property (Del.) LLC, a Delaware limited
liability company, on behalf of that company. He is personally known to me or produced
as identification.
My commission expires:
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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or ❑ online notarization, this day of 52021, by , as
of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware
limited liability company, the Manager of MDDA Morning Dew, LLC, a Delaware limited liability
company, on behalf of that company. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
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or ❑ online notarization this day of , 2021, by , as
of MDDA SWEET BIRD MANAGER LLC, a Delaware limited liability
company, in its capacity as Manager of Lovely Rita Acquisitions, LLC. He is personally known
to me or produced as identification.
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NOTARY PUBLIC, State of Florida
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or ❑ online notarization, this day of , 2021, by , as
of MDDA SWEET BIRD MANAGER LLC, a Delaware limited liability
company, in its capacity as Manager of Norwegian Wood Acquisitions, LLC. He is personally
known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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56264360,2
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Oak Plaza Associates (Del.) LLC,
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT ASSOCIATES
MANAGER, LLC, a Delaware limited
liability company, its Manager
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Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability company, it its capacity as Manager of Oak Plaza Associates (Del.)
LLC. He is personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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56264360;2
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Jungle Plaza, LLC,
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT ASSOCIATES
MANAGER, LLC, a Delaware limited
liability company, its Manager
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Print Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by ,
as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability company, it its capacity as Manager of Jungle Plaza, LLC. He is
personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
4200 Associates, LLC,
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT ASSOCIATES
MANAGER, LLC, a Delaware limited
liability company, its Manager
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by ,
as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability company, it its capacity as Manager of 4200 Associates, LLC. He is
personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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56264360;2
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
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or ❑ online notarization, this day of , 2021, by ,
as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability company, it its capacity as Manager of Paradise Plaza Associates, LLC.
He is personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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56264360;2
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Tiny Dancer Acquisitions, LLC,
a Delaware limited liability company, by
MDDA STARDUST MANAGER, LLC, a
Delaware limited liability company, its
Manager
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Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MDDA STARDUST MANAGER LLC, a Delaware limited liability
company, it its capacity as manager of Tiny Dancer Acquisitions LLC. He is personally known to
me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by ,
as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability company, in its capacity as Manager of Sun King, LLC, a Delaware
limited liability company, on behalf of that company. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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of MDDA STARDUST MANAGER, LLC, a Delaware limited liability
company, in its capacity as Manager of Uptown Girl Development LLC. He is personally known
to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
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56264360;2
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
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his/her capacity as City Manager of the City of Miami, a municipal corporation of the State of
Florida. He/she is personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
39
56264360;2
Exhibit "A"
Legal Descriptions of the Property
40
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
MAP #1: LAVERNE
SUBJECT PROPERTY STREETADDRESS(ES): 90 NE 39th Street (Folio No.: 01-3124-029-0130)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1, 2 and 3, Block 2, of BILTMORE COURT,
according to the Plat thereof, as recorded in Plat Book 7, at
Page 37, of the Public Records of Miami -Dade County,
Florida
MAP #2, 3, 4, 5, 6, 7: PALM COURT
SUBJECT PROPERTY STREET ADDRESS(ES):
100 NE 39th Street (Folio No.: 01-3124-046-0010)
3851 Ne 1 Avenue(Folio No.: 0 1 -3124-046-0020)
3801 NE 1 Avenue (Folio No.: 0 1 -3124-046-003 0)
132 NE 39th Street (Folio No.: 01-3124-046-0040)
140 NE 39th Street (Folio No.: 01-3124-046-0050)
180 NE 39th Street (Folio No.: 01-3124-046-0060)
3821 NE 1 Court (Folio No.: 0 1 -3124-046-0070)
Tracts A, B, C, D, E, F and G of PALM WAY
SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 170, at Page 32, of the Public Records of
SUBJECT PROPERTY LEGAL DESCRIPTION: Miami -Dade County, Florida.
MAP #8: BUICK
SUBJECT PROPERTY STREETADDRESS(ES): 3841 NE 2nd Avenue (Folio No.: 01-3219-011-0100)
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP 49: TUTTLE SOUTH
The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to
the Plat thereof, as recorded in Plat Book 5, at Page 25, of
the Public Records of Miami -Dade County, Florida,
together with that certain twelve -foot strip of land lying
adjacent to and immediately East of the above -described
property, said twelve -foot strip having for its Easterly
boundary the Florida East Coast Railroad right-of-way.
SUBJECT PROPERTY STREETADDRESS(ES): 3725 Biscayne Boulevard (Folio No.: 01-3219-045-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Tract A of VIA TUTTLE SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 163, at Page 59, of
the Public Records of Miami -Dade County, Florida
formerly described as:
41
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Lot 32, less that part in Biscayne Boulevard, and Lots 33
through 36, less the West 6 feet thereof, MAGNOLIA
PARK, 2ND AMENDED PLAT THEREOF, according to
the Plat thereof, as recorded in Plat Book 5, at Page 25, of
the Public Records of Miami -Dade County, Florida;
:_ ► M
Lots 33, 35 and 37, of BUENA VISTA BISCAYNE
BADGER CLUB SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 1, at Page 115, of the
Public Records of Miami -Dade County, Florida;
AND
The North 34.88 feet of Lot 31 of BUENA VISTA
BISCAYNE BADGER CLUB SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 1, at Page 115,
of the Public Records of Miami -Dade County, Florida;
FAD
The East one foot of the West 6 feet of Lot 36,
MAGNOLIA PARK, 2ND AMENDED PLAT THEREOF,
according to tfjhe Plat thereof, as recorded in Plat Book 5,
at Page 25, of the Public Records of Miami -Dade County,
Florida.
MAP 410: TUTTLE NORTH
SUBJECT PROPERTY STREETADDRESS(ES): 299 NE 38th Street (Folio No.: 01-3219-011-0330)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 37, 38 and 39, SECOND AMENDED PLAT OF
MAGNOLIA PARK, less right of way of Biscayne
Boulevard, according to the plat thereof, as recorded in Plat
Book 5, at Page 25, of the Public Records of Miami -Dade
County, Florida.
MAP #11, 12: SWEET BIRD SOUTH
(f/k/a Norwegian Wood and Casa/Lady Jane)
SUBJECT PROPERTY STREETADDRESS(ES): 92 NE 40th Street (Folio No.: 01-3124-029-0010)
99 NE 39th Street
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1, 2 and 3, Block 3, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
42
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
And
Lots 1 and 2, Block 1, of BILTMORE COURT, according
to the Plat thereof, as recorded in Plat Book 7, at Page 37,
of the Public Records of Miami -Dade County, Florida.
MAP #13, 14: JBL
(f/k/a JBL and Hale Daniel)
SUBJECT PROPERTY STREETADDRESS(ES): (Folio No.: 01-3124-030-0090)
101 NE 39th Street
103 NE 39th Street
105 NE 39th Street
107 NE 39th Street
I I I NE 39th Street
3907 NE 1st Avenue
3911 NE 1st Avenue
Subtract A:
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 11 and the East 3 feet of Lot 12, in Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records
of Miami- Dade County, Florida.
Subtract B:
Parcel 1:
Lots 21, 22 and 23, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lot "A", of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37 of the Public
Records of Miami -Dade County, Florida.
Parcel 3:
Unnumbered Lot 13 x 100 feet East of Moore Parkway and
West of J.W. Wallace Tract, COMMERCIAL
BILTMORE, according to the Plat thereof, as recorded in
43
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Plat Book 6, at Page 132, of the Public Records of Miami -
Dade County, Florida.
Parcel 4:
Lot 12, less the East 3 feet thereof, and Lot 13, in Block 1,
of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records
of Miami -Dade County, Florida, less that part of said Lot
13 described as follows:
Beginning at the Southwesterly corner of Lot 13, Block 1,
of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records
of Miami -Dade County, Florida; thence run Eetwardly
along the Southerly line of said Lot 13, a distance of
Twelve (12) feet to a point of curve; thence run Westwardly
and Northwestwardly along the arc of a tangential curve to
the right, having a radius of Twenty -Five (25) feet and a
central angle of 8°41'07" for a distance of 12.52 feet to a
point on the Westerly line of said Lot 13; thence run
Southwardly along the Westerly line of said Lot 13 a
distance of 3.07 feet to the Point of Beginning.
MAP #15: OAK PLAZA -OP 120
(f/k/a Collins)
SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE 39th Street (Folio No.: 01-3124-030-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION: LOTS 7 THROUGH 9, INCLUSIVE, BLOCK 1,
MAGNOLIA COURT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT
PAGE 105, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA,
LESS AND EXCEPT THAT PORTION OF SAID LOT 7
LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE
EAST 5.00 FEET OF LOT 12, SECOND SECTION,
COMMERCIAL BILTMORE, AS RECORDED IN PLAT
BOOK 12, AT PAGE 44, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, SAID
PORTION OF LOT 7 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
44
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT
7; THENCE SOUTH 89°58'58" WEST ALONG SOUTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET; THENCE NORTH 00'01'50" WEST
ALONG THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF THE EAST 5.00 FEET OF SAID
LOT 12, FOR A DISTANCE OF 93.23 FEET TO THE
NORTH BOUNDARY OF SAID LOT 7; THENCE
NORTH 89059'41" EAST ALONG THE NORTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG THE
EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
MAP #16: OAK PLAZA OP 110
(f/k/a Loggia)
SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 39th Street (Folio No.: 01-3124-030-0050)
SUBJECT PROPERTY LEGAL DESCRIPTION: LOT 6 AND THAT PORTION OF LOT 7, BLOCK 1,
MAGNOLIA COURT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT
PAGE 105, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, LYING EASTERLY OF
THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF THE EAST 5.00 FEET OF LOT
12, SECOND SECTION, COMMERCIAL BILTMORE,
AS RECORDED IN PLAT BOOK 12, AT PAGE 44, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, SAID PORTION OF LOT 7 BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT
7; THENCE SOUTH 89°58'58" WEST ALONG SOUTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET; THENCE NORTH 00'01'50" WEST
ALONG THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF THE EAST 5.00 FEET OF SAID
LOT 12, FOR A DISTANCE OF 93.23 FEET TO THE
NORTH BOUNDARY OF SAID LOT 7; THENCE
NORTH 89059'41" EAST ALONG THE NORTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG THE
45
551 l 9264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-202.1, City Clerk
EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
MAP #17: OAK PLAZA KVA OP 150 (Fendi)
SUBJECT PROPERTY STREETADDRESS(ES): 150 NE 40th Street (Folio No.: 01-3124-028-0080)
SUBJECT PROPERTY LEGAL DESCRIPTION: The West 20 feet of Lot 12, and all of Lot 13, of
COMMERCIAL BILTMORE, SECOND SECTION,
according to the plat thereof, as recorded in Plat Book 12,
at Page 44, of the Public Records of Miami -Dade County,
Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according
to the plat thereof, as recorded in Plat Book 12, at Page 44,
of the Public Records of Miami -Dade County, Florida.
MAP #18: OAK PLAZA OP 160
SUBJECT PROPERTY STREETADDRESS(ES): 160 NE 40th Street (Folio No.: 01-3124-028-0060)
154 NE 40th Street (Folio No.: 01-3124-028-0070)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 10, 11 and the East 5 feet of Lot 12, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according
to the plat thereof, as recorded in Plat Book 12, at Page 44,
of the Public Records of Miami -Dade County, Florida.
MAP #19: TOMAS MAIER
SUBJECT PROPERTY STREETADDRESS(ES): 170 NE 40th Street (Folio No.: 01-3124-028-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 7 and 8, of SECOND SECTION, COMMERCIAL
BILTMORE 1924, according to the Plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records
of Miami -Dade County, Florida.
MAP #20: MELIN
SUBJECT PROPERTY STREETADDRESS(ES): 3930 NE 2nd Avenue (Folio No.: 01-3124-028-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1 through 6 inclusive, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
46
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida, and Lots
1 through 4, inclusive, Block 1, and unnumbered Lot East
of Lot 4, Block 1, of MAGNOLIA COURT, according to
the plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of
a circular curve, contained within said Lot 3, concave to the
Northwest having a radius of 25 feet and tangents which
are 25 feet North of and parallel with the centerline of N.E.
39th Street and 35 feet West of and parallel with the
centerline of N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida, being
more particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of
a circular curve, contained within said Lot 3, concave to the
Southwest having a radius of 25 feet and tangents which
are 33 feet South of and parallel with the centerline of N.E.
40th Street and 35 feet West of and parallel with the
centerline of N.E. 2nd Avenue.
MAP #21: (NEWTON)
SUBJECT PROPERTY STREETADDRESS(ES): 201 NE 39th Street (Folio No.: 01-3129-012-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1 and 2 and the 10.00-foot Easterly adjacent alley,
PLAT SHOWING RESUBDIVISION OF LOTS 4-5-6 &
7 OF SECOND AMENDED PLAT OF MAGNOLIA
PARK, according to the Plat thereof, as recorded in Plat
47
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
MAP #22, 23: (SWEET BIRD NORTH)
(f/k/a Asi-Museum Village and Suttin and Lovely
Rita)
SUBJECT PROPERTY STREET ADDRESS(ES):
Book 4, at Page 150, of the Public Records of Miami -Dade
County, Florida.
81 NE 40th Street and 95 NE 40th Street
(Folio No.: 01-3124-049-0020)
Tract B, MUSEUM SUBDIVISION, according to the Plat
SUBJECT PROPERTY LEGAL DESCRIPTION: thereof, as recorded in Plat Book 172, Page 98, of the
Public Records of Miami -Dade County, Florida.
MAP #24, 25, 26, 27, 35, 36, 37, 38:
(BRIDGE NORTH, BRIDGE SOUTH, JADE,
MOSAIC, MOORE/GARDEN)
(f/k/a Rosen, Mosaic/Chatham, Moore -Garden,
Moore, Moore 140, Mosaic Lot, Rosen Lot, Palmer
Building)
SUBJECT PROPERTY STREET ADDRESS(ES)
SUBJECT PROPERTY LEGAL DESCRIPTION:
55119264,1
56264360;2
Formerly known as:
Lots 5, 6 and 7, Block 2, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
And
Lots 1, 2, 3 and 4, Block 2, AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, as according to the
Plat thereof, as recorded in Plat Book 6, at Page 132, of
the Public Records of Miami -Dade County, Florida.
140 NE 41st Street (Folio No.: 0 1 -3 124-048-0020)
150 NE 41st Street (Folio No.: 01-3124-048-0030)
175 NE 40th Street (Folio No.: 01-3124-048-0040)
155 NE 40th Street (Folio No.: 01-3124-048-0050)
151 NE 40th Street (Folio No.: 01-3124-048-0060)
Tracts B, C, D, E and F, of BRIDGE SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 171,
at Page 100, of the Public Records of Miami -Dade County,
Florida.
Said Tracts B (Bridge North), C (Jade), D (Moore/Garden),
E (Mosiac) and F (Bridge South) of said Plat formerly
having been described as Tracts 10, 11, 14 and a portion of
vacated alleys more particularly described as follows:
48
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
(Moore/Garden)
Parcel 1:
Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION
OF BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page 55,
of the Public Records of Miami -Dade County, Florida.
Parcel 2:
Lots 1 and 2, in Block 10, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
BEGIN at the Northeast corner of said Lot 8; thence
N00°03' 19"W, along the Northerly prolongation of the East
line of said Lot 8, for a distance; thence N89°59'47"E,
along the centerline of 12 foot Alley, for a distance of 7.41
feet; thence S00°00'50"W, along a Westerly line of Lot 7,
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBDIVISION AND A PORTION OF
BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page 55,
of the Public Records, Miami -Dade County, Florida, for a
distance of 6.00 feet; thence S89°59'47"W, along a
49
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.B and PZ.9
on 05-27-2021, City Clerk
Northerly line of said Lot 7, for a distance of 7.41 feet to
the POINT OF BEGINNING.
(Mosaic / Bridge South)
Parcel 1:
Lots 8, 9, 10, 11 and 12, Block 1, ofAMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
BEGIN at the Northeast corner of Lot 8, Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921; thence S89°59'47"W along the North line of said
Block 1 for a distance of 112.14 feet; thence N00°00'06"E
for a distance of 6.00 feet; thence N89°59'47"E along the
centerline of 12 foot Alley, for a distance of 112.13 feet;
thence S00°03'19"E along the Northerly prolongation of
the East line of said Lot 8, for a distance of 6.00 feet to the
POINT OF BEGINNING.
Parcel 2:
Lots 13 and 14, Block 1 of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
50
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Page 132, of the Public Records of Miami -Dade County,
Florida, being more particularly described as follows:
BEGIN at the Northwest corner of said Lot 14; thence
N00°00'40"E, along the Northerly prolongation of the West
line of said Lot 14, for a distance of 6.00 feet; thence
N89°59'47"E, along the centerline of said 12 foot Alley, for
a distance of 62.42 feet; thence S00°00'06"W for a distance
of 6.00 feet; thence S89°59'47"W for, along the North line
of said Block 1, a distance of 62.42 feet to the POINT OF
BEGINNING.
(Jade and Bridge North)
Parcel 1:
Lot 6, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel 2:
Lot 7, in Block 10, of BlLTMORE, according to the plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel 3:
Lot 5 and the West 20 feet of Lot 4, Block 10, BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records, Miami -Dade County,
Florida, Excepting therefrom the following part of the West
20 feet of Lot 4: Begin at the Southwest corner of said Lot
4, Block 10, of the aforesaid BILTMORE; thence East
along the South line of said Lot 4 for a distance of 20 feet;
thence North parallel with the West line of said Lot 4 for a
distance of 20 feet to a point; thence Southwesterly along a
tangent circular curve having a radius of 20 feet through a
central angle of 90 degrees for an arc distance of 31.42 feet
to the Point of Beginning.
Parcel 4:
51
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.S and PZ.9
on 05-27-2021, City Clerk
Lot 8, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 132, of the Public Records of Miami -Dade County,
Florida, and a portion of the 12 foot Alley, AMENDED
PLAT OF A PORTION OF BLOCK 10 OF BILTMORE
SUBDIVISION AND A PORTION OF BLOCK 1 OF
THE AMENDED PLAT OF COMMERCIAL
BILTMORE SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 45, at Page 55, of the Public
Records of Miami -Dade County, Florida, being more
particularly described as follows:
BEGIN at the Northwest corner of Lot 3 of said Plat Book
45, Page 55; thence S00°00'50"W, along the West line of
said Lot 3, for a distance of 111.22 feet to the centerline of
the 12 foot Alley as shown on said Plat Book 6, Page 132;
thence N89°59'47"W, along said centerline, for a distance
of 119.54 feet; thence N00°00'06"E for a distance of 6.00
feet; thence N89°59'47"E, along the North line of the 12
foot Alley as shown on said Plat Book 6, Page 132, for a
distance of 87.55 feet to the point of curvature of a circular
curve, also being the Westerly line of the 12 foot Alley as
shown on said Plat Book 45, Page 55, concave to the
Northwest having as it elements a radius of 20 feet and a
central angle of 89°58'58; thence Easterly, Northeasterly
and Northerly along said curve for an arc distance of 31.41
feet; thence N00°00'50"E, along the West line of the 12
foot Alley as shown on said Plat Book 45, Page 55, for a
distance of 85.23 feet; thence S89°59'54"E, along the
Westerly prolongation of the North line of said Lot 3, for a
distance of 12.00 feet to the POINT OF BEGINNING.
AND
Vacated Alley:
A portion of the 12 foot wide alley as shown in Block 1 of
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
52
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Page 132, together with the alley as shown in AMENDED
PLAT OF A PORTION OF BLOCK 10 OF BILTMORE
SUBDIVISION AND A PORTION OF BLOCK 1 OF
THE AMENDED PLAT OF COMMERCIAL
BILTMORE SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 45, at Page 55, of the Public
Records, Miami -Dade County, Florida, being more
particularly described as follows:
Beginning at the Northwest corner of Lot 3, as shown in
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBDIVISION AND A PORTION OF
BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page 55,
of the Public Records, Miami -Dade County, Florida, the
said point being on the northerly Right of Way line of
Northeast 41st Street; thence South 00°00'50" West along
the West line of said Lot 3, for a distance of 117.22 feet to
a point on the North line of Block 1, as shown in
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 132, of the Public Records, Miami -Dade County,
Florida; thence South 89°59'47" West along the North line
of said Block 1, for a distance of 181.97 feet; thence North
00°00'39" East, a distance of 12.00 feet to a point on the
South line of Block 10 as shown in BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67,
of the Public Records, Miami -Dade County, Florida;
thence North 89°59'47" East along the South line of said
Block 10, for a distance of 149.98 feet to a point of
curvature with a circular curve concave to the Northwest,
having a central angle of 89°58'58" and a radius of 20.00
feet; thence Northeasterly and Northerly along the arc of
said curve, a distance of 31.41 feet to a point of tangency;
thence North 00°00'50" East, a distance of 85.23 feet to
appoint on the North line of said Block 10; thence South
89°59'54" East, a distance of 12.00 feet to the Point of
Beginning.
MAP #28, 29, 30, 31, 32, 33, 34: MUSEUM GARAGE
(f/k/a Asi-Museum Village)
SUBJECT PROPERTY STREET ADDRESS(ES): (Folio No.: 01-3124-049-0010)
90 NE 41 st Street
53
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #41, 62: STARDUST WEST
(f/k/a Moore 77 and Uptown Girl)
SUBJECT
ADDRESS(ES):
PROPERTY STREET
Tract A, of MUSEUM SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 172, at Page 98, of
the Public Records of Miami -Dade County, Florida.
Said Tract A of being formerly described as follows:
Lots 1 through 8, of Block 9, Biltmore, according to the
Plat thereof as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
AND
Vacated Alley:
A portion of the 12 foot alley lying between Block 9, of
BILTMORE according to the plat thereof as recorded in
Plat Book 6, Page 67, and Block 2 of AMENDED PLAT
OF COMMERCIAL BILTMORE according to the plat
thereof as recorded in Plat Book 6, Page 132, of the Public
Records of Miami -Dade County, Florida, being more
particularly described as follows:
BEGINNING at the Southeast corner of Lot 1, of said
Block 9, the said point being on the Westerly Right of Way
line of Northeast 1st Avenue; THENCE South 89°59'31"
West, along the South line of said Block 9, for a distance
of 175.17 feet; THENCE South 00°00'51" East; for a
distance of 12.00 feet to a point on the North line of said
Block 2; THENCE North 89°59'31" East along said North
line of Block 2 for a distance of 175.17 feet to a point on
the Westerly Right of Way line of Northeast Ist Avenue as
shown on said plats; THENCE North 00'01'26" West for
a distance of 12.00 feet to the POINT OF BEGINNING.
54
55119264;1
56264360;2
4100 NE 1st Avenue (Folio No.: 01-3124-024-1350)
77 NE 41st Street (Folio no.: 0 1-3 124-024-1340)
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
SUBJECT PROPERTY LEGAL
DESCRIPTION:
MAP #42, 43, 44: PARADISE PLAZA
(f/k/a Moore 115, Scarlet Begonia, Church (FCAA))
SUBJECT PROPERTY STREET ADDRESSES)
Parcel 1:
Lot 22 and the East %2 of Lot 21, in Block 8, of
BILTMORE, according to the Plat thereof, recorded in Plat
Book 6, at Page 67, of the Public Records of Miami -Dade
County, Florida.
Parcel 2:
Lots 23 and 24,less the North 46 feet thereof, in Block
8, of BILTMORE, according to the Plat thereof, recorded In
Plat Book 6, at Page 67, of the Public Records of Miami -Dade
County, Florida.
115 NE 41st Street (Folio No.: 01-3124-024-1550)
135 NE 41st Street (Folio No.: 01-3124-024-1550)
150 NE 42nd Street (Folio No.: 01-3124-024-1550)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1:
The West 325 feet of that certain tract of land in the city of
Miami bounded on the North by N.E. 42nd Street, on the
South by N.E. 41" Street, on the East by N.E. Second
Avenue and on the West by the East lines of Lots 5 and 6,
Block 7, BILTMORE, a subdivision shown by plat of
record in Miami -Dade County, in Plat Book 6, at Page 67.
Also known as:
A portion of the West 325 feet of that certain Lot of Land,
432 feet East and West and 204.6 feet North and South,
lying directly East of and adjoining Lots 5 and 6, Block 7,
of BILTMORE, according to the Plat thereof, as recorded
in Plat Book 6, at Page 67, of the Public Records of Miami -
Dade County, Florida, of said Plat shown as Z.T.
MERRITT HOME, said Lot lying in the Southeast corner
of the NE 1/4 of the SE 1/4 of section 24-53-41.
55
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Parcel 2:
Lot 5, Block 7, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel 3:
Lots 3 and 4, in Block 7, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
MAP #45: 4100/Lee
SUBJECT PROPERTY STREET 4100 NE 2nd Avenue (Folio No.: 01-3124-024-1560)
ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #46: 4141
The East 107 feet of that certain tract of land 432 feet East
and West by 204.6 feet North and South, lying directly East
of and adjoining Lots 5 and 6, in Block 7, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 4141 NE 2nd Avenue (Folio No.: 01-3219-009-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Tract A and Tract 1, REVISED PLAT OF TRACT "A"
AND BLOCKS 1, 2, 3, 8, 9, 10, 11 AND 12 OF
BRENTWOOD, according to the plat thereof, as recorded
in Plat Book 44, Page 6, of the Public Records of Miami -
Dade County, Florida, formerly known as Tract "A" and
Lots 1, 2, 3, 4 and 5, Block 1, ofBRENTWOOD, according
to the plat thereof as recorded in Plat Book 40, Page 66, of
the Public Records of Miami - Dade County, Florida.
MAP #47: 4200
SUBJECT PROPERTY STREET 4200 NE 2nd Avenue (Folio No.: 01-3124-024-0930)
ADDRESS(ES):
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
SUBJECT PROPERTY LEGAL DESCRIPTION: according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
MAP #49: 4240
56
55119264;1
56264360;2
Submitted into the public
record for items) PZ.8 and PZ.9
on 05-27-2021, City Clerk
SUBJECT PROPERTY STREET ADDRESS(ES): 4240 NE 2nd Avenue (Folio No.: 01-3124-024-0950)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 4, less the East 5 feet thereof, in Block 6, BILTMORE,
as recorded in Plat Book 6, Page 67, of the Public Records
of Miami -Dade County, Florida.
MAP #50, 51: CITY GARAGE
(f/k/a City Garage, Sebastien)
SUBJECT PROPERTY STREETADDRESS(ES): 3800 NE 1st Avenue (Folio No.: 01-3124-033-0240)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1:
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, in Block 2,
of COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lots 15, 16, 17 and 18, Block 2, of COMMERCIAL
BUENA VISTA, according to the Plat thereof, as recorded
in Plat Book 14, at Page 56, of the Public Records of
Miami -Dade County, Florida.
Less the following portion of Lot 18, Block 2, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida, as
conveyed to the City of Miami by Right -of -Way Deed,
recorded May 18, 2015, in Official Records Book 29619,
at Page 3235, being more particularly described as follows:
The external area of a 25.00 foot radius circular curve
tangent to the South and West lines of said Block 2,
COMMERCIAL BUENA VISTA, according to said Plat
recorded in Plat Book 14, at Page 56, in the Public Records
of Miami -Dade County, Florida
MAP #52, 53: PENNY LANE
(f/k/a Spear, Always Flowers)
SUBJECT PROPERTY STREETADDRESS(ES): 50 NE 39th Street (Folio No.: 01-3124-029-0150)
Parcel 1:
SUBJECT PROPERTY LEGAL DESCRIPTION:
57
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
That portion of Lots 19, 20 and 21, of Block 2,
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida, lying
West of the West line of Lot 6, of Block 2, of BILTMORE
COURT, according to the Plat thereof, as recorded in Plat
Book 7, at Page 37, of the Public Records of Miami -Dade
County, Florida.
Parcel 2:
All of Lot 7 and Lot 8, less the following described
property: Beginning at the Northeast corner of Lot 8, in
Block 2, of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the Public
Records of Dade County, Florida now known as Miami -
Dade County, Florida; thence run West along the North line
of said Lot 8, a distance of 50.02 feet to the Northwest
corner of said Lot 8; thence run South along the West line
of said Lot 8, a distance of 89.30 feet to the Southwest
corner of said Lot 8; thence run East along the South line
of said Lot 8, a distance of 30.92 feet to a point; thence run
North along a line parallel with and 30.92 feet East of the
West line of said Lot 8, for a distance of 70.27 feet to a
point of curve; thence run Northerly and Easterly along the
arc of a curve having a radius of 19.15 feet and a central
angle of 90°02'53" for an arc distance of 3 0. 10 feet to the
Northeast corner of said Lot 8, which is the point of
beginning, all in Block 2, of BILTMORE COURT,
according to the Plat thereof, as recorded in Plat Book 7, at
Page 37, of the Public Records of Dade County, Florida,
now known as Miami -Dade County, Florida.
AND LESS the following described lands conveyed to the
City of Miami by Right -of -Way Deed, recorded February
28, 2017, in Official Records Book 30436, at Page 3942:
A portion of Lot 7 and Lot 8, Block 2, BILTMORE
COURT, according to the Plat thereof, as recorded in Plat
Book 7, at Page 37, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
The external area of a circular curve lying within Lots 7 and
8, in Block 2, of BILTMORE COURT, according to the
Plat thereof, as recorded in Plat Book 7, at Page 37, of the
58
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
MAP #54, 55, 56: LIDIA
(f/k/a Lidia)
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Public Records of Miami -Dade County, Florida, said
circular curve being concave to the Southeast, having a
radius of 25 feet, and tangents which are 25 feet South of
and parallel with the center line of N.E. 39th Street and 20
feet East of and parallel with the center line of N.E. Miami
Court.
30 NE 39th Street (Folio No.: 01-3124-029-0160)
3840 NE Miami Court (Folio No.: 01-3124-026-0220
3825 N. Miami Avenue (Folio No.: 01-3124-029-0170)
Parcel 4A:
Lot 9, less the East 15 feet, and Lots 10 through 13, Inclusive,
Block 2, of BILTMORE COURT, according to the Plat
thereof, as recorded In Plat Book 7, at Page 37, of the Public
Records of Miami -Dade County, Florida, LESS thatportion
of Lot 11, Block 2, taken by Eminent Domain pursuant to
Final Judgment under Clerks FileNo. 69R-17950, described
as follows:
All that part of Lot 11, Block 2, of BILTMORE
COURT, which lies within the external area formed by a
25 foot radius are, concave to the Southeast, tangent to the
North line of said Lot 11 and tangent to a line that is 10 feet
East and parallel to the West line of said Lot 11.
And
Parcel 4B
Lot 4, less the West 15 feet, and Lot 5, Block 3, of
CENTRAL ADDITION BUENA VISTA, according to the
59
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
MAP #57, 58, 59: MARCY
SUBJECT PROPERTY STREET ADDRESS(ES)
Plat thereof, as recorded in Plat Book 3, at Page 191, of the
Public Records of Miami -Dade County, Florida.
3852 N. Miami Avenue (Folio No.: 01-3124-021-0940)
20 NW 39th Street (Folio No.: 01-3124-021-0950)
28 NW 39th Street (Folio No.: 01-3124-021-0960)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, in Block 6, of PRINCESS PARK,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 87, of the Public Records of Miami -Dade County,
Florida.
MAP #60, 61: MADONNA
SUBJECT PROPERTY STREETADDRESS(ES): 3900 N. Miami Avenue (Folio No.: 01-3124-021-0580)
21 NW 39th Street (Folio No.: 01-3124-021-0570)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 22, 23, and 24, in Block 3, of PRINCESS PARK,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 87, of the Public Records of Miami -Dade County,
Florida.
MAP #63: STARDUST EAST (Tiny Dancer)
SUBJECT PROPERTY STREET ADDRESS(ES)
SUBJECT PROPERTY LEGAL DESCRIPTION:
4039 NE 1st Avenue (Folio No.: 01-3124-024-1540)
Lot 12, in Block 10, of BILTMORE, according to the
Plat thereof, recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Note: All Map # references relate to Pg. AI A and A1.5 of the Miami Design District Retail
Street Special Area Plan Design Concept Book.
60
55119264;1
56264360;2
Submitted into the public
record for item(s) PZ.8 and PZ.9
on 05-27-2021, City Clerk
Exhibit "B"
Miami Design District Retail Street SAP Regulating Plan and Design Concept Book
The current versions of the Miami Design District Retail Street SAP Regulating Plan and Design
Concept Book were approved by the City Commission on 2021 under Ordinance No.
. Copies of the Regulating Plan and Design Concept Book approved under this
legislation are on file with the City of Miami and are incorporated herein by reference.
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