HomeMy WebLinkAboutExhibit B - Development Agreement SUBTHIS DOCUMENT IS A SUBSTITUTION.
THE ORIGINAL CAN BE SEEN AT THE
END OF THIS DOCUMENT.
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 NIIAMI 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 401 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
FILE 8725 - EXHIBIT B - DEVELOPMENT AGREEMENT SUB
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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 cotnmitment to comprehensive a v
planning; and N
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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 L
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 and
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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 381h Street, all of NE 391h
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 41' 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 Party 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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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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(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, 25d' 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
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
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
Print Name:
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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, 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:
NOTARY PUBLIC, State of Florida
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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 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
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and .0 a Y
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The foregoing instrument was acknowledged before by means of ❑ physical presence
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.
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 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
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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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
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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signed as of the date written above.
Witnesses:
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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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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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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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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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
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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 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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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 , in
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.: 01-3124-046-0030)
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.: 01-3124-046-0070)
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;
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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.S 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 -3124-048-0020)
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, 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 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 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:
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.8 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 89059'47" 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 89059'47" 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 00000'50" East, a distance of 85.23 feet to
appoint on the North line of said Block 10; thence South
89059'54" 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 STREETADDRESS(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.: 0 1-3 124-024-1350)
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 st 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
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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
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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
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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
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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.
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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.
61
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SECOND AMENDED AND RESTATED DEVELOPMENJ
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, LOVEFN
RITA ACQUISITIONS, LLC, UPTOWN GI
DEVELOPMENT LLC, SUN KING, LLC, DACRA DES
4141 LLC, MDDA MORNING DEW, LLC,/OPMENT
NY
DANCER ACQUISITIONS, LLC REGARDINGAL
OF THE MIAMI DESIGN DISTRICT RETAET
SPECIAL AREA PLAN AND RELATED DEV
OF APPROXIMATELY 22.56 ACRES.
f,
N TICE
This submittal etls b be sch.&W d br a pubkc heating
In ersoeb wkh b—i1. set forthh the City&
MIamI C .The appU-il tlecmi- making bWy will
reWew I'lo atl d the pubkc hearing t. mode,.
ommentlatlon or a final tledaon.
e PZ-20-9082
03/02/21
THIS AGREEMENT is entered this/orporation
f 2021 by and between
Norwegian Wood Acquisitions, LLC, Oak Plaztes el.) LLC, Jungle Plaza, LLC, 4200
Associates, LLC, Paradise Plaza Associates, L-C cle Property (Del.) LLC, Lovely Rita
Acquisitions, LLC, Uptown Girl Development,King, LLC, Dacra Design 4141 LLC,
MDDA Morning Dew, LLC, and Tiny Dancsitions, LLC, Delaware limited liability
companies (each, individually, "Developer Partollectively, the "Developer Parties"), and
the CITY OF MIAMI, FLORIDA, a municiration of the State of Florida ("City")
(Developer Parties and the City together referree "Parties").
SSETH:
WHEREAS, the Miami Design Pstrict (the "District") spans portions of fifteen (15) city
blocks containing properties generally ounded on the east by Biscayne Boulevard, south by NE
381h Street, west by North Miami A nue, and north by NE 401h Street; or properties generally
located within the area boundaries the Miami Design District area ("SD-8") as designated under
former zoning Ordinance 11000; nd serviced by three (3) Miami -Dade Transit routes; and
WHEREAS, the Dis ict has recently become an internationally recognized center for
furniture design and a bur oning home for the arts, high fashion, restaurants, and a center for
creative employment; ancy
WHEREAS, e emerging status of the District is consistent with the City's vision to
develop a world cla destination for the arts, fashion, and design, and, as such, the City wishes to
encourage redeve pment within the District; and
WHE AS, the development of multi -family residential housing in the District will
complement xisting retail and restaurants, encourage pedestrian activity, and provide additional
housing o ions in the urban core proximate to local and regional transportation; and
55119264;1
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'
Awl
sh:,,.
N ICE
WHEREAS, the City and Developer Parties wish for development of the s ^Is°� � b� [, °dfMh thb
tla a M1M1 timelines set forth in the
Mlaml CWC. a appllude decision -making
reWewthei rmation at public hearing t,
to proceed in a manner consistent with the Miami Comprehensive Neig cmmendhon or a final d,dm,,
d�l
("Comprehensive Plan") and the City's land development regulations; and Pz-20-9os2
03/02/21
WHEREAS, the Developer Parties previously sought, and the City granted, a •
to Future Land Use Map designations within the Comprehensive Plan for selec d proper ies
within the District from Duplex Residential/Medium Density Multifamily Reside ial to Medium
Density Restricted Commercial in order to facilitate redevelopment within the strict; and
WHEREAS, a process exists within the City's zoning code ("Mia i 21 "), known as a
"Special Area Plan" or "SAP," which allows parcels of more than nine ) abutting acres to be
master planned to allow greater integration of public improvements and ' frastructure, and greater
flexibility so as to result in higher or specialized quality building and s eetscape design; and
WHEREAS, on July 26, 2012, the City Commission appro ed the Miami Design District
Retail Street Special Area Plan ("SAP") for a 19.08 acre area the District under Ordinance
13334, and the City subsequently amended the SAP via th7ea
doption of Ordinance 13414 on
October 24, 2013, to include 12 additional parcels for a total of 21.06 acres; and
WHEREAS, Sec. 3.9.1 of Miami 21 requires evelopment within the SAP to occur
pursuant to a recorded development agreement between/he property owner(s) and the City; and
WHEREAS, on February 19, 2013, the Part s and their predecessors in interest recorded
a master development agreement for the S/toilement their vision for the District at Official
Records Book 28495, Page 558, of the Pubs of Miami -Dade County, Florida, which was
subsequently superseded by an Amendedated Development Agreement for the SAP,
recorded on September 18, 2014, at Offrds Book 29314, Page 1880, of the Public
Records of Miami -Dade County, Florida (evelopment Agreement"); and
WHEREAS, on March 12, 20 5, the City Commission approved an amendment to the
SAP under Ordinance No. 13505 tha added properties located at 220 NE 43rd Street to the SAP,
increasing the total area to appro mately 22.86 acres, and the City Commission approved a
companion development agreem t with 4201 NE 2nd Avenue, LLC under Ordinance 13506 for
the development of 220 NE 437 Street pursuant to the SAP, recorded at Official Records Book
29595, Page 4542, of the Pub yc Records of Miami -Dade County, Florida; and
WHEREAS, on ri128, 2016, the City Commission approved an amendment to the SAP
under Ordinance No. 13 3 that removed properties located at 53-61 NE 4 1 " Street from the SAP,
decreasing the total a a to approximately 22.56 acres, and the City Commission approved a
companion release om the Master Development Agreement under Ordinance No. 13604 that
removed 53-61 N 41" Street from the SAP, as recorded at Official Records Book 30568, Page
918, of the Publi Records of Miami -Dade County, Florida; and
WH EAS, on January 24, 2019, the City Commission approved an amendment to the
Master De lopment Agreement under Ordinance No. 13802 which removed Flagler Holding
Group, I c. (owners of 4218 NE 2nd Avenue) from the Master Development Agreement, as
recorde at Official Records Book 31455, Page 2650, of the Public Records of Miami -Dade
2
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SUBSTITUTED.
Gt� OP y!
OTI E
County, Florida, and the City Commission approved a companion item appro(C�Ib�t.[d,bh
°�erorapah°`°°eking
with fi—ii set forth in the City&
d.mi_making bWydevelopment
agreement with Flagler Holding Group, Inc.; and
�"°°a°opabgehd.ngte enderfinaltledv t
-20-9082 ,
WHEREAS, on , 2021, the City Commission approved am ' 03/02/21
the SAP under Ordinance No. that modified the Regulating Plan and Design Con
for the SAP to facilitate development of multi -family residential housing and office es in e
District; and
WHEREAS, the Developer Parties also seek to amend the underlyi Development
Agreement, to correct the Developer Parties list, as many of the entities have me ed, and to update
the SAP Regulating Plan and Concept Plan attached thereto; and
WHEREAS, several of the original Developer Parties: Ben New n, LLC, Dacra Design
Moore (Del), LLC, FCAA, LLC, Monte Carlo Associates (Del.), LLC; enny Lane Acquisitions,
LLC, Sweet Virginia Acquisitions, LLC, all merged into Oak Plaz Associates (Del.), LLC, as
reflected in the Certificate of Merger found in Official Record B ok 29662, Page 3958 of the
Public Records of Miami -Dade County, Florida; and
WHEREAS, Oak Plaza Associates (Del.) LLC has co veyed certain parcels of the subject
properties to Jungle Plaza, LLC, 4200 Associates, LLC, nd Paradise Plaza Associates, LLC,
respectively, and in connection with such conveyances, h s assigned to the respective grantees its
rights under this Agreement with respect to the properti conveyed to such grantee, and each such
grantee has assumed the obligations of Oak Plaza sociates (Del.) LLC under the underlying
Development Agreement with respect to the prop y conveyed to it, and each such grantee is a
successor Developer Party thereunder; and
WHEREAS, both Flagler Holding G up, Inc. and 4201 NE 2nd Avenue, LLC, executed
separate development agreements with the ity, as reflected above, and should be removed from
the Developer Parties list to this applicati n; and
WHEREAS, based on all o the foregoing amendments to the SAP and the Master
Development Agreement made sincethe SAP was originally approved for the District in 2012, the
fact that several Developer Partie lave changed due to successors in interest or mergers, required
updates to the current list of par els that currently make up the SAP as identified on page A1.4 and
AI.5 of the Miami /Designistrict Retail Street Special Area PlanDesign Concept Book, as
amended (hereinafteP Property", "SAP Properties", or "SAP Area" - sketch and legal
descriptions of whiached as Exhibit "A"), and clarifications to certain terms and
conditions, the Partiemend and restate the Master Development Agreement in its entirety
for a second time, puhe procedures for modifications set forth in Section 36; and
WHERE S, the City and Developer Parties wish for development within the District to
proceed substa sally in accordance with the Miami Design District Retail Street SAP Regulating
Plan and Des n Concept Book, as most recently modified on 2021 under Ordinance
No. referenced above, both of which are attached as Exhibit "B" hereto and
incorporafed herein by reference ("Regulating Plan and Design Concept Book"); and
IEREAS, lack of certainty in the approval of development can result in a waste of
and land resources, discourage sound capital improvement planning and financing,
3
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Cub.M�iO ICE
escalate the cost of housing and development, and discourage commitment to(�I.. 111.h.d fMhhthbCitya,lng
timelines setforih in the CltyM
liwdebsision-mahgbWy"11planning; and ation et the pu bk healing to rend
mends ors final tledaon.
Z-20_9082 ,
WHEREAS, assurance to Developer Parties that they may proceed in acc 03/02/21
existing laws and policies, subject to the conditions of a development agreement, stre •
public planning process, encourages sound capital improvement planning and financi g, assis s in
assuring there are adequate capital facilities for the development, encoura/ood
e participation
in comprehensive planning, and reduces the economic costs of developme
WHEREAS, the modifications identified above will ensure the cvitality of the
District, and provide additional employment opportunities for the neighbod region; and
WHEREAS, the City Commission, pursuant to Ordinance N . , adopted
2021 has authorized the City Manager to ecute this agreement upon
substantially similar terms and conditions as set forth herein below nd the Developer Parties have
been duly authorized to execute this agreement upon the terms a d conditions set forth below.
NOW THEREFORE, in consideration of the utual covenants and agreements
hereinafter contained, the Parties mutually agree and bi themselves as set forth herein, and
effective on the "Effective Date" (defined below), the ster Development Agreement is hereby
amended and restated in its entirety for a second time read as follows:
Section 1. Consideration. The Parties hereb agree that the consideration and obligations
recited and provided for under this Agreement nstitute substantial benefits to both parties and
thus adequate consideration for this Agreeme .
Section 2.
For all purposes of the Agreemy it, unless otherwise expressly provided:
(a) A defined term has %e meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the singular;
(c) A pronoun iyone gender includes and applies to other genders as well;
(d) The to "hereunder", "herein", "hereof, "hereto" and such similar terms shall
refer t the instant Agreement in its entirety and not to individual sections or
artic s;
(e) e 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
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.
4
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Section 3. Definitions. Capitalized terms which are not specifically defined
the meaning given in Miami 21.
NO ICE
This submittal needs be sche&u de raput
ccortlance timelines set forth in the
Mlaml Cede. —Dube decision-maXlnp
"Agreement" means this Second Amended and Restated Development Agree '
between City of Miami, Florida and Norwegian Wood Acquisitions, LLC,
Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200 Associates LLC, P adise
Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita Acq isitions,
LLC, Uptown Girl Development LLC, Sun King, LLC, Dacra Design 41 LLC,
MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LL regarding
approval of the Miami Design District Retail Street Special Area PI and Related
Development.
"City" means the City of Miami, a municipal corporation of)fie State of Florida,
and all departments, agencies and instrumentalities subj t to the jurisdiction
thereof.
"Comprehensive Plan" means the comprehensive an known as the Miami
Comprehensive Neighborhood Plan, adopted by the ity pursuant to Chapter 163,
Florida Statutes (2013), meeting the requirement of Section 163.3177, Florida
Statutes (2013), Section 163.3178, Florida Statutes (2013) and Section
163.3221(2), Florida Statutes (2013), which w in effect on the date of recordation
of the Master Development Agreement. otwithstanding the foregoing, the
amendments to the Comprehensive Plan r garding maximum allowed density for
the High Density Multifamily Residenti designation, having an effective date of
May 14, 2018, shall apply to Develop ent pursuant to this Agreement.
"County" means Miami -Dade C unty, a political subdivision of the State of
Florida.
"Developer Party" means a individual property owner who is a signatory to this
Agreement.
"Developer Parties" eans the property owners who are signatories to this
Agreement.
"Development" eans the carrying out of any building activity, the making of any
material change n the use or appearance of any structure or land, or the dividing of
land into thr or more parcels and such other activities described in Section
163.3221(4 , Florida Statutes (2019).
Date" is the date of recordation of this Agreement.
"Ex' ting Zoning" is (a) Miami 21 Code, April 2012, specifically including the
M mi Design District Retail Street SAP Regulating Plan and Design Concept
ook, 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
5
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atl. at the pu blic hearing to
end .l ors final tleclaon.
PZ-20-9082
03/02/21
SUBSTITUTED. Awl
NO CE
of the Master Development Agreement, which together comprise the effec This°"bmtlalneedem and. e tl hihthtl°`°ea'Ing
In accortlanawXh' ellnea setforih in the City of
M1_1 Cotle. The a iw Lie tlecislon-maXing 1s yv 11
development regulations governing development of the SAP. �wew eno� na..he°°°°`hea"°°'erentle,a
entlatl onorafina l— iit.
Z-20-9082
"Land" means the earth, water, and air, above, below, or on the surface 03/02/21
includes any improvements or structures customarily regarded as land. 1 •
"Laws" means all ordinances, resolutions, regulations, comprehensive pla , land
development regulations, and rules adopted by a local government affe ing the
development of land.
"Public Facilities" means major capital improvements, including, t not limited
to, transportation, sanitary sewer, solid waste, drainage, potable w er, educational,
parks and recreational, streets, parking and health systems and f cilities.
"Property Interest" means any ownership interest in any SAP Property.
"Master Development Agreement" means that certaX Amended and Restated
Development Agreement for the SAP made by and b ween the Parties, recorded
on September 18, 2014, at Official Records Book 29 14, Page 1880, of the Public
Records of Miami -Dade County, Florida.
"Retail Developer Party" consists of the DqWeloper Party known as Oak Plaza
Associates (Del.) LLC, who is a signatory to is Agreement.
"Retail Street Project" means that exis i g and proposed development within the
District and occurring on properties w' in the SAP denoted on sheet AI.5 of the
Miami Design District Retail Street ecial Area Plan Design Concept Book.
Section 4. Purpose. The purpose o this Agreement is for the City to authorize Developer
Parties to continue to redevelop the SA Properties pursuant to the SAP. The Master Development
Agreement established the land dev lopment regulations that govern development of the SAP
Properties, thereby providing the P ies with additional certainty during the development process.
This Agreement satisfies the re rements of Section 3.9.1(f) of Miami 21.
Section 5. Intent. Deve per Parties and the City intend for this Agreement to be construed
and implemented so as to fectuate the purpose of the Miami Design District Retail Street SAP,
this Agreement, the Co prehensive Plan, Existing Zoning, and the Florida Local Government
Development Agreem t Act, s. 163.3220 - 163.3243, Florida Statutes (2019).
Section 6. A cabilit . This Agreement only applies to the SAP Properties identified in
Exhibit "A." his Agreement shall amend, restate, replace and supersede the Master
Development greement in its entirety, and upon recordation of this Agreement the prior Master
Develonmen Agreement shall be deemed null and void.
Section 7 Term of Agreement, Effective Date and BindingEffect. This Agreement shall have
a term f thirty (30) years from the Effective Date and shall be recorded in the public records of
Mia -Dade County and filed with the City Clerk. The term of this Agreement may be extended
by utual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida
55119264;1
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OTICE
Statutes (2019). This Agreement shall become effective on the Effective Date and "��°®b "nea°`D-111. W.fth thbCit°'ring
rtlanteda Um I h.setforth in the CityM
Mla CDie.Theappli-bledmision-rnahingbWywlll
w the inhrrmatlon at the pubic hearing t. rentler e
a covenant running with the land that shall be binding upon, and inure to, the bene ernmend—n—final tleciann
their successors, assigns, heirs, legal representatives, and personal representatives. Pz-20-9082
03/02/21
Section 8. Permitted Development Uses and Building Intensities. •
(a) Miami Design District Retail Street SAP Designation. The ty has designated
certain properties as the Miami Design District Retail Street AP on the official
Zoning Atlas of the City, pursuant to the applicable proced es in Miami 21. The
Regulating Plan and Design Concept Book are attache as Exhibit "B". In
approving the Miami Design District Retail Street SAP, the City has determined
that the uses, intensities and densities of developme t permitted thereunder are
consistent with the Comprehensive Plan and the Exi ing Zoning.
(b) Density, Intensity, Uses and Building Heights.
(1) As of the Effective Date and pursuan to the Miami Design District Retail
Street SAP, the density and inte ity proposed for the SAP shall be
consistent with the densities an intensities permitted by the Existing
Zoning. Adjacent and non-adj cent parcels within the SAP Area which
have unutilized density or unu i ized FLR, located within the T6 Urban Core
transect zone ("T6 Propert' s") may transfer such unutilized density or
unutilized FLR ("Remain' g Aggregate Density or Remaining Aggregate
FLR") to other T6 Prop ies within the SAP Area, provided however that
each individual projec on those T6 Properties must comply with the limits
imposed by the S Regulating Plan and the Comprehensive Plan.
Notwithstanding t forgoing, density and intensity shall be counted on an
aggregate basis f r all T6 Properties located within the SAP; such that the
total aggregate density and intensity throughout the T6 Properties shall not
surpass the a regated as -of -right maximum (i.e. base) density and intensity
permitted the underlying T6 Properties. Aggregated density and
intensity, as well as the Remaining Aggregate Density and Remaining
Aggre to FLR will be tracked via an aggregated rights tracking sheet
("Tra ing Sheet") and reviewed annually as part of the Annual Review
pro ss as indicated in Section 19.
(2) e 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.
/ 7
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(4) In the event the City amends its Comprehensive Plan to peN
L03/02/21
—e leebrspudl
ne.&e d r ,. the
edmision-mahingl
of densities within a specified area so as to permit densities
e°°°°`°�"°
o afinal"' t.
density limits set forth in a particular Future Land Use-90s2
nothing herein shall prohibit the Developer Parties from 2i2�density transfers within the Miami Design District Retail S, •
(5) SAP Properties having an underlying transect designation of 6 Urban Core
are eligible to transfer unutilized density or FLR betw n development
sites, up to the maximums set forth in the Regulating PI . 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 Regulatin Ian.
(c) Environmental. The City finds that the proposed d elopment will confer a
significant net improvement upon the publicly access le tree canopy in the area.
The City and Developer Parties agree that Develop Parties will comply with the
intent and requirements of Chapter 17 of the City de, subject to the modification
set forth herein, by performing tree replacem nt within the SAP Area where
possible.
(1) Off -site replacement trees. Notwi standing the requirements of Sec. 17-
6.(e) of the City Code, where r placement within the SAP Area is not
physically possible, any Devel er Party may enter into an agreement with
the City to perform tree repl cement on public property in the following
order of priority: (1) withi he District; (ii) within a one (1) mile radius of
the District; or (iii) withi any City park. Particular emphasis shall be paid
to replacement along g eway corridors within and surrounding the District,
specifically N. Mia i Avenue, N.E. 2nd Avenue, NE 361h Street, NE I"
Avenue, and Biscay e Boulevard. Further emphasis shall also be placed on
the possible plac ment of trees within the boundaries of the following
neighboring co munities: (1) Buena Vista Heights; (ii) Buena Vista East;
and (iii) Bren ood. The City further agrees to facilitate the permitting and
planting of eplacement trees on all publicly owned property within the
aforemen coned areas and within City parks. The Developer Parties further
agree to ork with the residents and representatives of the aforementioned
com nities to identify locations for and coordinate the placement of said
tree . Each Developer Party undertaking tree replacement off -site for any
p cel of land within the SAP Area shall agree to water, trim, root, prune,
race, 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
00,
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tree replacement for any parcel of land shall agree tow
ThI"°bmttnlnentlso e�heW&fMhl�dapebtlntly&
in the
In eccortlanre wiHi el,de
prune, brace, or undertake any other necessary maintena
itforih
Miami Cotle. Thea lice Lie becislon-maXing bsnly will
WY
reWewihelnbrm on at the pe bk hearing t. n:ntlere
�e -dabon 'a f'zl tleciWen
required for trees located within the SAP Area. Each De
z-20-9os2
undertaking any such tree placement within the SAP Area fort
oaio2i2�
warrant each SAP Area tree for a period of one (1) year after ins
, •
(3) Tree replacement chart. The tree replacement chart below s 11 be used to
determine whether a Developer Party has satisfied the t e replacement
requirements for any particular parcel of land as set forth Xi Sec. 17-6.(a) of
the City Code. The chart below shall replace and super de 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 replacement DBH
required (12' inimum tree height)
2"- 3"
2"
4"- 6"
4"
7"- 12"
8"
Olt- 18"
12"
19"- 24"
1
25"- 30"
0"
31 "- 36"
24"
37- 42"
28"
431v- 48"
32"
49"- 60"
40"
To determine whe er the replacement requirements have been satisfied,
calculate the tota sum in inches of the diameter of the trees removed. The
size of the re�Of
cement trees diameter at breast height (DBH) must equal
the total inch replacement DBH set forth in the above chart. Diameter
measureme t shall be rounded up to the nearest inch. If the sum of the
diameter f trees to be removed exceeds a total of 60 inches, the additional
inches all be added cumulatively from the top of the chart, down to the
botto of the chart, to calculate the number of DBH for replacement trees.
(4) Tr e species. The chart set forth below shall replace and supersede Chart
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.
Re uired total DBH for replacement
t es
Required minimum number of
species
22"- 40"
2
41 "- 100"
4
101" or greater
6
9
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SUBSTITUTED. N ICE
This submittal ne bbe sch.&o dbra pubk hearing
In eccortlanm kh timelines setforth inthe City&
Miami Cotle. a appU-Lie d mi- making bWy Wil
(5) Tree installation. A Developer Party shall install trees o mwe.nei p menonatthepabkehdringte ntlera
tlatbmr a final —ii,g t
within the public right-of-way, subject, at all times, to ap Pz-20-9os2
7:;:�A
Department of Public Works. 03i02i211
Section 9. Connectivity and Activity within Public Right -of -Way.
(a) Connectivity. A critical element to the success of the Retail St et Project is the
below -grade connectivity within the public right-of-way along E. 41" Street. The
proposed below -grade connection will facilitate ease access, minimize
pedestrian and vehicular conflicts, and reduce the Retail treet Project's traffic
impacts by enhancing internalized traffic circulation, red ing off -site impacts and
expanding parking capacity within the District.
The Developer Parties recognizes that such
may require approval of other governmental
The City finds and determines that establishi
Street serves a public purpose, and further ag
efforts to obtain any authorization to e
connection where the approval of another o,
)nn tivity and commercial usage
n es such as Miami -Dade County.
uch connectivity below N.E. 41"
s to support the Developer Parties'
lish such proposed below -grade
amental agency may be necessary.
The City further finds that the authori tion of such a connection below the public
right-of-way shall in no way dimin' access for firefighting apparatus or rescue
and salvage operations; diminish tr ffic, transportation and circulation; or adversely
impact the advancement of the s ety, health, and general welfare within the City.
Given the public benefits co ferred upon the City by the below -grade connection
beneath N.E. 41" Street a across the public right-of-way, the provisions of Sec.
54-186 prohibiting such Blow -grade encroachment beyond the City's established
base building lines sha not apply to the Miami Design District Retail Street SAP.
(b) Constru/all
roachments within the Public Right -of --Way. The City finds
that the ents proposed by the Developer Parties do not unduly restrict
the use oright-of-way and are an essential element in the construction
of the veerpass below the same rights -of -way. The adoption of this
Agreemee to satisfy the requirements set forth in Sec. 55-14(b) of the
City Cod
Notw standing the requirements of Sec. 55-14(c) ofthe City Code, the City agrees
Fthds
ive any and all claims to payment of a user fee in connection with the
uction of the aforementioned encroachments within the public rights -of -way
e 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 pu
tla[ timelIh.&tdo ,in the h-1
"i�°a°o;`"nee°` ° 111 °dfMhhthbCitya,ing
accordance with the Florida Building Code and the City Ch"eW"e1°
MlemlCWe.Th ppliwd,dmision-mahingbWyWil
mm°°"nep°b°`°"°°'°�°'�`°
tl tthn efikl iaon.
PZ-20-9082
(2) Provide an insurance policy, in an amount determined by th
03/02/21
manager, naming the City as an additional insured for public
'a •
property damage. The insurance shall remain in effect for long as e
encroachment(s) exist within the right-of-way. Should he Developer
Parties fail to continuously provide the insurance cover e, the City shall
have the right to secure similar insurance policy in it name and place a
special assessment lien against the owner's abutting p vate property for the
total cost of the premium.
(3) The Developer Parties shall hold harmlessI'age
indemnify the City, its
officials and employees from any clifor loss to property and
injury to persons of any natureer arising out of the use,
construction, maintenance or remoehicular underpass and from
and against any claims which may,/f the granting of permission
for the encroachment or any actimed under the terms of this
Agreement.
Section 10. Public Facilities./Dee
of the date of ecordation of the Master Development
Agreement, the Developer Partie conducted extensive analysis of the Public Facilities
available to serve the SAP Area Retail Stre t Project. In the event that the Existing Zoning
and/or the Comprehensive Plan ra Develo er Party or the Retail Developer Party to provide
Public Facilities to address anyencies required levels of service occasioned by future
development within the SAP Ars a r sult of the development of the Retail Street Project,
such Developer Party or the Reev oper Party, as appropriate, shall provide such Public
Facilities consistent with the timirements of s. 163.3180(2)(a), (b) and (c), Florida Statutes
(2019), or as otherwise requiredapter 13 of the City Code, if applicable. The Developer
Parties shall be bound by the Cpact fees and assessments in existence as of the date of
recordation of the Master Develo Agreement.
Section 11. Project
(a) Future DXvelopment Review. Future development within the Miami Design
District Yetail Street SAP shall proceed pursuant to the processes and in accordance
with X
design requirements set forth in the Regulating Plan and Design Concept
Boo ,attached as Exhibit "B". The criteria to be used in a determination regarding
w ther future development shall be approved is the proposed development's
nsistency 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 A I 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.
OF
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With regard to SAP Parcel 9 (i.e. Tuttle (South)) as identified on P Th,.-� "°ee°`� se"e°°�°ro maXi°b°`ng"
tlanrew melt— set forth in the City&
Mlaml Code. The a llwde decision- hotly will
Concept Book the Developer Party agrees to meet with representat �wewme o nnatthe°°b°eId-in to enders
e tlafionora final tleciaot
Point Property Owners and Buena Vista East Historic Neighborhoo z-20-90s2
not less than fifteen (15) days in advance of submitting any redeve oaio2i2�
plans for said parcels to the City for processing. •
(b) Prohibition on Downzoning.
(1) The Comprehensive Plan, the Existing Zoning, and thi Agreement
shall govern the development of the SAP Propertie designated a part
thereof for the duration of the Agreement. The Ci 's laws and policies
adopted after the date of recordation of the Master D velopment Agreement
may be applied to the SAP only if the dete inations required by s.
163.3233(2), Florida Statutes (2019) have bee made following a public
hearing or as otherwise provided herein.
(2) Pursuant to s. 163.3233(3), Florida Stat es (2019), this prohibition on
downzoning supplements, rather than su plants, any rights that may vest to
Developer Parties under Florida or F deral law. As a result, Developer
Parties may challenge any subs quently adopted changes to land
development regulations based on ) common law principles including, but
not limited to, equitable estoppe and vested rights, or (b) statutory rights
which may accrue by virtue of hapter 70, Florida Statutes (2019).
Section 12. Alcoholic Beverage Sales. Upon a proval of this Agreement, pursuant to Chapter
4 of the City Code, two (2) Retail Specialty Cc ters are hereby designated for properties within
the SAP Area. The Miami Design District etail Street SAP Retail Specialty Center North
("Retail Specialty Center North") shall cons' t of all SAP Properties located north of the mid -line
of the right-of-way of NE 40"' Street an the Miami Design District Retail Street SAP Retail
Specialty Center South ("Retail Spec ialt Center South") shall include properties located south of
the mid -line of the right-of-way of NE Wh Street.
The maximum number of Alcoho ervice Establishments (as defined in Chapter 4 of the City
Code) permitted within each R ail Specialty Center shall not exceed five (5) establishments,
inclusive of any such establish ents in existence as of the date of this Agreement, but exclusive
of any bona fide, licensed ca s, restaurants, and other establishments where the sale of alcoholic
beverages is entirely incid tal to and in conjunction with the principal use of the sale of food
(e.g. bona fide, licensed r staurants, with a 2-COP, 4-COP, 4-COP SFS or an equivalent license).
The number of approve establishments may be increased by amendment to this Agreement.
Each Alcohol Sery e Establishment permitted within the Retail Specialty Center North and
the Retail Specia Center South, exclusive of bona fide, licensed cafes, restaurants, and other
establishments here the sale of alcoholic beverages is incidental to the principal use of the
sale of food, all be permitted pursuant to the requirements of the Miami Design District
Street Regu ting Plan, attached hereto as part of Exhibit "B", and any applicable provision of
Chapter 4 f the City Code not in conflict with the provisions of this Agreement.
12
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NOTI E
Each of the Alcohol Service Establishments within both the Retail Street SAP " °°m�""eedsm�°`" ihth°Cty&
In e1 Cwe .nm PPL mell i,lb, ih in the Clty M
Miaml Cotle.Theapplica tlecision-mahlntb Wil
Center North and Retail Specialty Center South permitted pursuant to this Se °°`°�"° °�°'ef°
'o final tledaon.
reserved for the benefit of the Retail Developer Party, unless otherwise modified P-20-9082
written agreement between the Developer Parties. 03i02i21
Section 13. Valet Parking. The Developer Parties established a uniform valet syste o sMf W
the SAP Properties and the District generally. Notwithstanding the limitations set fort in Sec. 35-
305 of the City Code, a maximum of two (2) valet permits may be issued for the peration of a
valet parking ramp on the same side of the block where the permit applicant is th operator of the
uniform valet system.
Section 14. Temporary/Special Events. To the extent governed by t laws and regulations
of the City of Miami, the City Commission hereby finds and agrees t t the following special
events constitute ancillary uses of the Retail Street Project: event be s, farmers' markets, grand
openings, holiday sales, outdoor sales, ground bre/andand nei orhood sales events. For
events which the Developer Parties anticipates to (750 seventy five percent of the
maximum permitted occupancy, inclusive of Open ic Sp cc or (2,100) two thousand one
hundred guests, whichever is less, the applicable DePa , or its designee, shall submit an
application for review to the City of Miami Offiand Entertainment (or successor
department, if applicable) no less than five (5) wdays prior to the date of any such
event. The City agrees to complete its review with(3) working days of the submittal of
the required application to ensure coordination of ney services and avoid possible adverse
impacts due to multiple events occurring within theate and surrounding area.
The City Commission further fin�K that the above -listed activities, which shall not
exceed the maximum permitted occupancy of e Retail Street Project, will not:
(1) substantially interrup/thee e and orderly movement of other traffic contiguous to
the special event;
(ii) substantially diminis police service levels to the entire community;
(iii) unduly interfere ith the proper fire and police protection or ambulance service to
areas contiguoA to the special event as a result of the concentration of persons and
vehicles;
(iv) interfere ith the movement of firefighting apparatus en route to an emergency call;
and
(v) prAent an unreasonable danger to the health and safety of the public.
Notwithstancyng the requirements of Secs. 62-521, and 62-522, the above -stated activities shall
not require e issuance of a City permit.
Public Benefits.
13
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(a) Job Creation & Employment Opportunities. Generally , the D
InabcNa[ad'hti elI h.&tforih in the h-1
""°"bm�"nea°`" a°°�f.&htbCity,ing
shall consult with local and/or state economic development entitie"ewmeom
Mlaml CW,. Theap de bsi,l making bWy will
°a..hapab°`he�"nglere°'�`°
n,At o afinal—l'i; n.
training and job placement services for area city residents seekin
z-20-9082
opportunities with potential employers which will locate or establis
o2i2� .
oa/02/21
within the SAP Area.
•
(1) Construction Employment. The Developer Parties shall use est efforts to
work with the City in the following areas:
a. Job Sourcing. The Developer Parties shall r quire their general
contractor(s) to use best efforts to work with th City's Miami Works
Initiative or similar program to source job opportunities for both
skilled and unskilled laborers seeking ployment opportunities
within the construction industry.
b. Community Business Enterprise (CBE) Participation. The
Developer Parties shall require the general contractor(s) to use best
efforts to award a minimum of enty percent (20%) of the direct
construction contract costs to s contractors whose firms are certified
by Miami -Dade County as C Es.
C. Local Workforce Partic' ation. The Developer Parties shall require
their general contract(s) to use best efforts to employ a minimum
of twenty percent (2 /o) of on -site labor from persons residing within
the municipal bo daries of the City of Miami.
(2) Restaurant and Reta Employment. The Developer Parties anticipate that
a significant numb r of employment opportunities in the culinary and retail
sectors will be g erated within the SAP Area. Developer Parties shall use
best efforts to ork with Miami Dade College, through its culinary and
retail institu s, or with similar institutions or organizations, in consultation
with the C' y, to place qualified graduates of such programs in employment
onnortu ties within the SAP Area.
(3) Hos tality Employment. The Developer Parties anticipate that a number
of 'ob opportunities in the hospitality sector will be generated within he SAP
rea. 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.
14
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(b) Park/Open Space Enhancements. As consideration for certai Thieaemo1d—oedcL b he°uedforapah°`ty&
tlance wAhti Imes set forth in the City&
Miami Code. The aF" Lie decision -making body will
standards set forth in the City's land development regulations, the D �wewmenom a"he °`°�"ngterentlera
ntla4on orafinal tleciaon.
hereby agree to undertake the following improvements: z-20-90s2
03/02/21
(1) Woodson Mini -Park Enhancement: The City owns and operates
mini -park, located at approximately 699 NE 30 Street (Folio . 01-32 -
000-0010), consisting of a parcel of land approximately 6,81 sq. ft. in size
and any improvements thereon. In consultation with Cit Planning staff
and subject to their approval, and that of any other Ci department, the
Developer Parties hereby agree to design and co tract the proposed
improvements (e.g. enhanced landscaping, lightin , fencing, and similar
improvements), etc., to the park at their sole cost nd expense within three
(3) years of the Effective Date.
(2) Park/Open Space Acquisition: The Develop6r Parties shall use best efforts
to acquire a parcel of land of not less than ,500 sq. ft. in size for park/open
space within the SAP Area, the District, r within the immediate vicinity of
the District to offset a deficiency of ( ,114 sq. ft.) twenty thousand square
feet of required Open Space. Said arcel of land shall be dedicated to the
City as a public park/open space nd improved by the Developer Parties,
which improvements shall be co sistent with the design treatment approved
by the City for Woodson Mi-Park and incorporate similar elements (e.g.
enhanced landscaping, ligh ng, fencing, and similar improvements), etc.
The Developer Parties sh 1 complete such acquisition and improvements
within three (3) years o he Effective Date.
If such acquisition V not timely completed within period set forth above,
the Developer Par es shall be required to make a contribution to the City's
Public Parks an Open Space Trust Fund in an amount equal to the required
cash contributes n contemplated under Sec. 3.14.4(b)(3) of Miami 21 for not
less than (2 ,114 sq. ft.) twenty thousand one hundred fourteen square feet
of Open S ace or $217,432.34 within three (3) years of the aforementioned
complet n date. The amount of said contribution shall be apportioned
betwe each Developer Party in accordance with method set forth in
sub ragraph (4) below.
(3) en S ace 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
1s
s 119264;1
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Space goal and the minimum requirement of 6.5%. The ThI°°°bmtl°lne°I °`°`°°ddfMh
In °rb oMtl i ce ti.° Ih.&e d r , in the h-1
Mlm iCWtl.Th pp1-bi, dmision-mahing bWY will
contribution shall not exceed $241,000 for the maximum an °"eW"ew°� "bep°°°`°e°"°°'°re °`°
tl°tionm°finaltl 119 n.
of 22,293 sq. ft. of Open Space and shall be apportion Pz-20-90132
Developer Parties in accordance with the method set forth in s 03/02/21
(4) below. 1 •
(4) Apportionment of the Cost of Woodson Mini -Park
Park/Open Space Acauisition. & Open Space Contribution: The
improvements and park acquisition referred to in subpar graphs (1), (2), and
(3) above are called the "Park Contribution' (collectively, the
"Contributions"). The cost of the Contributions all be borne by each
Developer Party commensurate with the size f their respective land
holdings or total Lot Area, as defined in the Ex' ting Zoning, in accordance
with the following formula:
[Developer Party Lot Area (sq. ft.) / SArotal Lot Area (sq. ft.)] * 100 =
Developer Party Percentage Contributi (%).
Unless and to the extent that the eveloper Parties otherwise agree by
instrument signed by the Devel er Parties and recorded in the Public
Records of Miami -Dade County, Florida: (a) the Park
Enhancement/Acquisition sh 1 be initiated by the Retail Developer; (b)
each Developer Party shall y to the Retail Developer its share of such cost
of the Park Enhanceme /Acquisition as costs are incurred; (c) Retail
Developer shall from t' e to time have the right to issue (and record at
Retail Developer's op on), certificates indicating the status of any sums due
to it for the Park ontribution. Any such sums not paid to the Retail
Developer withi en (10) days after such payment is due shall bear interest
at the rate of 1 /" per annum (but not more than the highest rate permitted
by law) and all constitute a lien on the property within the SAP that is
owned by s ch Developer Party from whom such payment is due.
(c) Street Right- -Way Improvements. In order to foster a uniform aesthetic, the
Developer P ties or Retail Developer Party, where appropriate, agree that any
right-of-w improvements to the northern half of NE 381h Street, all of NE 391h
Street, a the southern half of NE 42nd Street between NE Is' and 2nd Avenues, as
well as fight -of -way improvements to NE 1s1 and 2nd Avenues between NE 381h and
42nd treets, shall include the entire length of the block, even when SAP Properties
on make-up a portion of the block. The applicable Developer Parties shall, at a
mimum, improve the right-of-way immediately fronting SAP Properties along
E 401h and 41s1 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-
16
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SAP Properties and which will serve to create a uniform or compl This°"bmtlalneedsmb °b.°W. ihthb`ty&
In accordance wah4 etforih in the CltyM
Mlaml Gotle. The app' de tlsbk - ,ii t hotly will
aesthetic within the SAP Area, whether through the adoption of de M-ew -an atthepab°`hd.d..erend
tlapon or a final tleclaon.
requiring right-of-way enhancements which complement the-20-9082
improvements proposed by the Developer Parties, solicitation of an a 03/02/21
from another governmental body to construct such improvements, •
appropriate action. In the event the City's best efforts fail to procure ei er funding
for or construction of the desired right-of-way improvements within ree (3) years
of the Effective Date, the applicable Developer Parties further agr e to design and
construct the improvements within the portions of right-of-wa fronting on non -
SAP Properties along NE 401h and 41s1 Streets.
(d) NE 42nd Street Landscaping Enhancemen/orth
enced by the letter of
support dated November of 2011 from the BuenHistoric Neighborhood
Association ("Association"), attached to the opment Agreement as
Exhibit "D" the Retail Developer party shllaboratively with the
Association on the final design treatment for tl of the building slated
for development on north block within thehe preliminary design
treatment for which is illustrated on pages A .4 and A3.5 of the Design Concept
Book, attached hereto as part of Exhibit ' The Retail Developer Party shall
present the final design treatment to the P nning Director for review and approval,
following consultation with the Assoc tion, which review shall be evaluated for
consistency with the standards set f h in Art. 4, Table 12. This obligation has
been satisfied as of the Effective We.
(e) Community Engagement. onsistent with the expressed will of the City
Commission, the Developer P rty shall not less than on a quarterly basis meet with
the designated representat. es of each of the following associations: (1) Buena
Vista Heights Homeo ners Association; (ii) Buena Vista East Historic
Neighborhood Associaon; and (iii) Brentwood Neighborhood Association.
(f) Commu/aportion
Watch Program. The Developer Parties agrees to provide
the Buenhts Neighborhood Association, Inc. (the "BVH Association")
a one-timamount requested by the BVH Association and memorialized
in a sepant with such Developer Parties, to underwrite the initial start-
up costs of the recurring operating costs of a neighborhood crime
watch pr
(g) FEC�er!'�ies
ght Of Way Improvements. In the event that one or more of the SAP
Pr fronting the Florida East Coast Railway right-of-way ("FEC Right -of -
ay") obtains a building permit for demolition or redevelopment, the applicable
eveloper 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
17
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.110
Awl
NO ICE
related to the FEC Right -of --Way in and over the Greenway Set b ThI"° mtlalneew= e11.ddtlrorapatltlnhear�ng
In eccortlance mellneasetforih in theC
Miami
these improvements do not affect pedestrian access to the Greenwa°°a"hep°°°`°ea"°°'°
1
GoOe. The plies Lietlsbk -maIii t. tldwl
a°'er°
mentlatlon or z final tledaon.
PZ-20-9082
In the event that a building permit for demolition or redevelopment is '
03/02/21
described above, and there is feasible connectivity to two adjacent por '
•
Greenway connected to a larger Greenway system along the FEC .ght-of- ay,
the applicable Developer Party(s) shall construct that portion of e Greenway
Setback abutting the FEC Right -of -Way. Construction of the Gre way within the
reserved area shall be consistent with improvements in similar blicly-accessible
areas throughout the District, including landscaping and other menities. Developer
Parties reserve the right to utilize the area below the Green y Setback for below -
grade building infrastructure, improvements, and other si ilar uses.
Section 16. Local Development Permits.
(a) The development of the SAP Property in accordyfice with the Existing Zoning is
contemplated by Developer Parties. Redevelo ment of the SAP Property may
require additional permits or approvals from he City, County, State, or Federal
government and any division thereof. S ject to required legal process and
approvals, the City shall make a g/apermits
effort to take all reasonable steps to
cooperate with and facilitate all sucals. Such approvals include, without
limitation, the following approvals and any successor or analogous
approvals and permits:
(1) Subdivision plat and/or vy/aiver of plat approvals;
(2) Covenant or Unity o itle acceptance or the release of existing unities or
covenants;
(3) Building permi ;
(4) Certificates fuse and/or occupancy;
(5) Stormw er Permits;
(6) Dev opment of Regional Impact approval, modification or exemption; and
(7) y other official action of the City, County, or any other government
agency having the effect of permitting development of the SAP Property.
(b) In4rding
e event that the City substantially modifies its land development regulations
r 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.
17. Necessity of Complying with Local Regulations Relative to Development Permits.
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NOTI
The Developer Parties and the City agree that the failure of this Agreement to add Thlh... a'nee°`m�a� °ro'ep°°I
Inabc elr dw tlmeli et for ,.phe
MI-1 Cade. The eppgm We e m ki,g l
permit, condition, fee, term, license, or restriction in effect on the date of recordatio "eW"e�°� m d�' .°afi a[d.:;.,
Development Agreement shall not relieve the Developer Parties of the necessity of c Pz 0-9082
the regulation governing said permitting requirements, conditions, fees, terms, 03/02/21
restrictions. ,
Section 18. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it Oall permit the
development of the SAP Property in accordance with the Ex mg Zoning, the
Comprehensive Plan and the Agreement.
(b) Nothing herein shall prohibit an increase in the density or i ensity of development
permitted in the SAP Area in a manner consistent wit (a) the Existing Zoning
and/or the Comprehensive Plan, (b) any zoning Chan subsequently requested or
initiated by a Developer Party in accordance with a licable provisions of law or
(c) any zoning change subsequently enacted by th City.
(c) The expiration or termination of this Agreem t shall not be considered a waiver
of, or limitation upon, the rights, including, t not limited to, any claims of vested
rights or equitable estoppel, obtained o held by any Developer Party or its
successors or assigns to continue devel ment of the SAP Property in conformity
with Existing Zoning and all active p 'or and subsequent development permits or
development orders granted by the ty.
Section 19. Annual Review.
(a) The City shall review th
e
(b) Any inform ion required of a Developer Party during an annual review shall be
limited t that information necessary to determine the extent to which the
Develo r Party is proceeding in good faith to comply with the terms of this
Agee ent.
(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 381h 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
19
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NOTIc
cross -block pedestrian passages. In the event of a dispute bet m"°.e �°'n��dt 11,
auo,d.n� dMW 0
Ml iCW,.Th,,ppb d,
Developer Party and the City Planning Director regarding the reductm ��°�"
d"'n c
of restrictions to public access, the City Manager, or his or her desig PZ_2
with both parties to discuss the issue and render a determination appe o ion
City Commission regarding the same. An appeal of the determination o
Manager may be filed with the Hearing Boards Office within thirty (30) len ar
days of the City Manager's issuance of the determination to the Retail eveloper
Party, in accordance with the Notice provisions as stated in Section 20.
(d) If the City finds, on the basis of competent substantial evide e, that a Developer
Party has not proceeded in good faith to comply with the to s of the Agreement,
the City shall provide said Developer Party /cure
tten no of any defaults. Said
notice shall state the reasons for the defon r ceipt of such notice, the
Developer Party shall have thirty (30) days e efault, or such longer period
of time as may reasonably be required to cuault if the default by its nature
cannot be cured within thirty (30) days; , however, that the Developer
Party commences certain acts within thirty and diligently pursues the cure
thereafter. Should the Developer Party ure within the aforementioned
period, the City may seek specific performhis Agreement.
Section 20. Notices.
(a) All notices, demands and requests ich may or are required to be given hereunder
shall, except as otherwise expr sly provided, be in writing and delivered by
personal service or sent by Unit States Registered or Certified Mail, return receipt
requested, postage prepaid, r by overnight express delivery, such as Federal
Express, to the parties at t addresses listed below. Any notice given pursuant to
this Agreement shall be emed given when received. Any actions required to be
taken hereunder whic fall on Saturday, Sunday, or United States legal holidays
shall be deemed to e performed timely when taken on the succeeding day
thereafter which s 11 not be a Saturday, Sunday or legal holiday.
To the City:
WA a copy to:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
City Attorney
City of Miami
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
20
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To Developer Parties:
With copies to:
Planning & Zoning Director
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
Dacra Design 4141 LLC
Half -Circle Property (Del.) /_LLC
Lovely Rita Acquisitions, L
MDDA Morning Dew, LLC
Norwegian Wood AcquisitiOak Plaza Associates (De .LC
Jungle Plaza,/LL
4200 AssociaParadise PlazLLC
Sun King, LLTiny Dancer LLC
Uptown Girlt LLC
Attn: Cr Vg Robins
3841 N 2nd Avenue, Ste. 400
Mia , FL 33137
Akerman LLP
Attn: Nelsen O. Kasdin, Esq.
I SE 3rd Avenue, 251h Floor
Miami, FL 33131
rMeWiaemwi iho/OTE
rniesbm
k heh
ny
hazth� City&
Choywll nber
\\�,
(b) Any Party to this reement may change its notification address(es) by providing
written notificati to the remaining parties pursuant to the terms and conditions of
this section.
(c) Upon the o currence of any event of default by any Developer Party, as described
in Sects 21, or a determination by the City that a Developer Party has not
procee ed in good faith to comply with the terms of this Agreement, as described
in S tion 19, the City shall provide written, courtesy notice of said default to each
no -defaulting Developer Party. Said notice shall identify the name of the
faulting party, the address of the subject property(ies), and specify the default.
Section 21. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood
and agree 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
actio at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any
prpro ision hereof shall be instituted only in the courts of the State of Florida or federal courts and
v ue for any such actions shall lie exclusively in a court of competent jurisdiction in the County.
21
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GtTe OP �!
.�
.. n�0
NOT E
In addition to any other legal rights, the City and Developer Parties shall each h
fMhhtbCity'�ng
In arc°rtlance wM1htl ea et forth in the CltyM
Mlaml G°Oe. The appli a tlsisi°n-maXing bsdy will
specific performance of this Agreement in court. Each party shall bear its own "`w" � m °k��. afi,zId.dm., re°'ef°
Each party waives any defense, whether asserted by motion or pleading, that the a
P-20-9082
courts are an improper or inconvenient venue. Moreover, the parties consent to
03i02i21 .
jurisdiction of the aforementioned courts and irrevocably waive any objections to said ju
•
The parties irrevocably waive any rights to a jury trial.
Section 22. Voluntary Compliance. Developer Parties and the City agree that .n the event all
or any part of this Agreement is struck down by judicial proceeding or preemp ed by legislative
action, Developer Parties and the City shall continue to honor the terms an conditions of this
Agreement to the extent allowed by law.
Section 23. No Oral Change or Termination. This Agreement and t exhibits and appendices
appended hereto and incorporated herein by reference, if any, cons tute the entire Agreement
between the parties with respect to the subject matter here/shbe
eement supersedes any prior
agreements or understandings between the parties with reubject matter hereof, and no
change, modification or discharge hereof in whole or in pffective unless such change,
modification or discharge is in writing and signed by thet whom enforcement of the
change, modification or discharge is sought. This Agret be changed or terminated
orally.
Section 24. Compliance with Applicable Law. bject to the terms and conditions of this
Agreement, throughout the Term of this Agreement eveloper Parties and City shall comply with
all applicable federal, state or local laws, rul , regulations, codes, ordinances, resolutions,
administrative orders, permits, policies and p cedures and orders that govern or relate to the
respective Parties' obligations and performan under this Agreement, all as they maybe amended
from time to time.
Section 25. Representations; Re re ntatives. Each party represents to the others that this
Agreement has been duly authorize , delivered and executed by such party and constitutes the
legal, valid and binding obligZes.
such party, enforceable in accordance with its terms.
Section 26. No Exclusive No remedy or election given by any provision in this
Agreement shall be deeme exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereund upon a default of the other party shall be cumulative and in addition
to all other remedies at w or equity arising from such event of default, except where otherwise
expressly provided.
Section 27. Fail4re to Exercise Rights not a Waiver: Waiver Provisions. The failure by any
party to prompt exercise any right arising hereunder shall not constitute a waiver of such right
unless otherwi e expressly provided herein. No waiver or breach of any provision of this
Agreement all constitute a waiver of any subsequent breach of the same or any other provision
hereof, an no waiver shall be effective unless made in writing.
28. Events of Default.
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SUBSTITUTED.
NQ ICE
(a) An event of default by any one Developer Party shall not consti This sohmld— b [ldlm f1dhipud
Inab,,t.nce hmelin®setdo ,i the h—1
Miami Cotle. appliwdle decision -making body will
default by all Developer Parties and shall not adversely affect the re"ewmei° lieodnono,filll[deliso°�°'ef°
parties in good standing under this Agreement. P03/03/02/21/21
(b) A Developer Party shall be in default under this Agreement if Develop •
to perform or breaches any term(s), covenant(s), or condition(s) of th' Agreemen ,
which breach is not cured within thirty (30) days after receipt of w ' en notice from
the City specifying the nature of such breach; provided, however, at if such breach
cannot reasonably be cured within thirty (30) days, then Deve per Party shall not
be in default if it commences to cure such breach within hirty (30) days and
diligently prosecutes such cure to completion.
(c) The City shall be in default under this Agreement if e City fails to perform or
breaches any term(s), covenant(s), or condition(s) f this Agreement and such
failure is not cured within thirty (30) days followi receipt of written notice from
any Developer Party specifying the nature of suc breach; provided, however, that
if such breach cannot reasonably be cured with thirty (30) days, the City shall not
be in default if it commences to cure suc reach within thirty (30) days and
diligently prosecutes such cure to completi .
(d) It shall not be a default under this Agr ment if any party is declared bankrupt by
a court of competent jurisdiction. All ghts and obligations in this Agreement shall
survive such bankruptcy of either arty. The parties hereby forfeit any right to
terminate this Agreement upon t bankruptcy of the other party.
(e) The default of a successor or 34signee of all or any portion of any Developer Parry's
rights hereunder shall not b deemed a default by such Developer Parry.
Section 29. Remedies Unon Defaul
(a) Neither party may to mate this Agreement upon the default of the other party, but
shall have all of t remedies enumerated herein.
(b) Upon the occ ence of a default by a party to this Agreement which is not cured
within the a licable grace period, Developer Parties and the City agree that any
party may eek specific performance of this Agreement, and that seeking specific
perform ce shall not waive any right of such party to also seek monetary damages,
injunc e relief, or any other relief other than termination of this Agreement.
Section 30. Se erabilit . If any term or provision of this Agreement or the application thereof
to any person 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
persons or c cumstances other than those as to which it is held invalid or unenforceable shall not
be affecte thereby and shall continue in full force and effect.
031. Assignment & Transfer. This Agreement shall be binding upon each Developer
and its heirs, successors and assigns, including the successor to any Property Interest. Each
oper Party, in its sole discretion, may assign, in whole or in part, this Agreement or any of
' 23
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SUBSTITUTED. °
NOTI
its rights and obligations hereunder, or may extend the benefits of this Agreemen ThI"ohmH°`neetlsvbescheW tlrorapab�
In eavrtl anrx wllh timelines forth in the
Miami C— Theappli.bN-mahingl
reWewihe inlormvtivn att pubic hearing to
of a Property Interest without the prior written consent or any other approval of th emmehdati vrafinztleclWcrt
of any assignment shall be provided to the City in accordance with the requirement, o-9os2
Any such assignee shall in writing in a legal form acceptable to the City Attorne 3/02/21
applicable rights and obligations under this Agreement, and upon such assumption, the ��T, *
party shall be released from all obligations assumed by such assignee.
Section 32. Obligations Surviving Termination Hereof. Notwithstanding and p wailing over
any contrary term or provision contained herein, in the event of any lawful to :nation of this
Agreement, the following obligations shall survive such terminatio/ch
tin in full force and
effect until the expiration of a one year term following the earlie ective date of such
termination or the expiration of the Term: (i) the exclusive venuce of law provisions
contained herein; (ii) rights of any party arising during or attro the period prior to
expiration or earlier termination of this Agreement, and (iii) anym or provision hereinwhich expressly indicates either that it survives the termination on hereof or is or may
be applicable or effective beyond the expiration or permitted earlyion hereof.
Section 33. Lack of Agency Relationship. N/employs,
ed herein shall be construed as
establishing an agency, partnership or joint venturip between the City and Developer
Parties and neither Developer Parties nor its agents, contractors, subsidiaries,
divisions, affiliates or guests shall be deemed agentalities, employees, or contractors
of the City for any purpose hereunder, and the Ciactors, agents, and employees shall
not be deemed contractors, agents, or employeoper Parties or their subsidiaries,
divisions or affiliates.
Section 34.
(a) The Parties agree to cooper e with each other to the full extent practicable pursuant
to the terms and conditio�A of this Agreement. The Parties agree that time is of the
essence in all aspects o their respective and mutual responsibilities pursuant to this
Agreement. The C shall use its best efforts to expedite the permitting and
approval process n an effort to assist Developer Parties in achieving its
development an construction milestones. The City will accommodate requests
from Develop Parties' general contractor and subcontractors for review of phased
or multiple ermitting packages, such as those for excavation, site work and
foundatio , building shell, core, and interiors. In addition, the City will designate
an ' div ual within the City Manager's office who will have a primary (though not
exclusi e) duty to serve as the City's point of contact and liaison with Developer
Part' s in order to facilitate expediting the processing and issuance of all permit and
li rise applications and approvals across all of the various departments and offices
f the City which have the authority or right to review and approve all applications
for such permits and licenses.
Notwithstanding the foregoing, the City shall not be obligated to issue development
permits to the extent a Developer does not comply with the applicable requirements
of the Existing Zoning, the Comprehensive Plan, this Agreement and applicable
building codes or regulations.
24
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411� ni. fL
Section 35. Enforcement.
(a) In the event that a Developer Party, its successors and/or assigns\
accordance with the terms of the Existing Zoning, the City shall seek
of said violation upon the property(ies) within the SAP owned by su(
Party as applicable. Y
NOTICE
This submittal ne�aeA bee�neaelee mrapaben nearing
In eccortlana timelines setforih in the CltyM
Miami Cotle.Th ppliw Lie tlecision-maXing bssly will
reWewiheinlo ation at the pubXc hearing to rentlere
tlatlon or a final tleclWon.
PZ-20-9082
03/02/21
(b) Enforcement of this Agreement shall be by action against any arties or person
violating, or attempting to violate, any covenants set forth in th Agreement. Each
party to any such action shall bear their own attorney's fees.
IV
(c) This enforcement provision shall be in addition to any of er remedies available at
law, in equity or both.
Section 36. Amendment or Termination by Mutual Consent. his Agreement may not be
amended or terminated during its term except by mutual agree nt of a Developer Party and the
City. Prior to any amendment or termination of this Agreemen during its term, the City shall hold
two public hearings before the City Commission to con .der and deliberate regarding such
amendment or termination.
Section 37. Third Party Defense. City and Deve per Parties shall, at their own cost and
expense, vigorously defend any claims, suits or de ands brought against them by third parties
challenging the Agreement or the Project, or obje ing to any aspect thereof, including, without
limitation, (1) a consistency challenge pursuant t ection 163.3215, Florida Statutes (2013), (ii) a
petition for writ of certiorari, (iii) an action to declaratory judgment, or (iv) any claims for loss,
damage, liability, or expense (including rea nable attorneys' fees). City and Developer Parties
shall promptly give the other written notice f any such action, including those that are pending or
threatened, and all responses, filings, an leadings with respect thereto.
Section 38. No Conflict of Interes . Developer Parties agree to comply with Section 2-612 of
the City Code as of the Effective D te, with respect to conflicts of interest.
Section 39. No Third-Partv Xeneficiarv. No persons or entities other than Developer Parties
and the City, their he/rts.
ted successors and assigns, shall have any rights whatsoever under
this Agreement.
Section 40. Counthis Agreement may beexecuted in two or more counterparts, each
of which shall constitinal but all of which, when taken together, shall constitute one and
the same aueer
Section 41.
(a) Upon request from time to time by any Developer Party or its successors and/or
pe/iggns, or any holder of a mortgage on any SAP Property owned by a Developer Party,
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
25
55119264;1
56264360;1
SUBSTITUTED.
NOT E
This submittal neetls to be etlu X•e br 1k,
p°bechearing
and/or assign is not current in its obligations or such obligations are not sat' ina�°rea"L.-E.
�w.n, n:°e,°�h in«e CltgM
Mlaml Gotle. The appl de tlecision-maXing bsdy will
shall state the particular manner in which such person's obligations underV03/02/2
a °°`°e°'°ren'ffion °rafileeGaonare not current and in good standing or have not yet been satisfied. No oth0-90s2
than a Develo er Part includin its successor or assign),or a mort a �
p Y( g g g
Property owned by such a Developer Party, may request or rely upon such an es) , •
(b) Within thirty (30) days of receipt of written request from a Develope Party or its
successor or assignor the holder of a mortgage on any SAP Property owne y 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 reaso ably acceptable to
the City Attorney, affirming the Developer Party's compliance with t e conditions set forth
in the Agreement. Should the City fail to execute the requested es oppel certificate within
the aforementioned time period, the City's non -response shall b presumed to indicate the
Developer Party's compliance with the terms of the Agreeme .
No other person other than a Developer Party (inc
mortgagee of any SAP Property owned by such a I
upon such an estoppel.
NOW, THEREFORE, the City and
duly executed.
its successor or assign), or a
ier Party, may request or rely
have caused this Agreement to be
[Signature blocks for CiA and Developer Parties]
26
55119264;1
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IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Dacra Design 4141 LLC,
a Delaware limited liability c
DACRA 4141 MANAGING
INC., a Florida corporation
Member.
Print Name:
Title:
NO CE
This submitlal neetls la schetlu V dbra public heahng
141-...ncewM1h elinee set ioahh the City&
.Cnae. The. -bi, decision -making bWYwlll
reWewiheinbrm on at the pubic hearing to rentlere
ena.uen o� a nnei e1dae1.
e Z-20-9082
03/02/21
Managing
The foregoing iV_DACRA
cknowledged before me by means of ❑ physical presence
or ❑ online notarizatday of , 2021, by , as
ofMANAGING MEMBER, INC., a Florida corporation, on
behalf of that corporatity as Managing Member of Dacra Design 4141 LLC, a
Delaware limited liabilbehalf of that company. He is personally known to me or
who produced as identification.
My commission
NOTARY PUBLIC, State of Florida
Print Name:
27
55119264;1
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SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
Half -Circle Property (Del.)
a Delaware limited liability
MIAMI DESIGN DISTRICT
MANAGER, LLC, a yage
liability company, its Ma
an
Print Name:
Title:
N ICE
This eubmi[taln tls la beschetl;dfMh a publichea�ing
ccortla Ppjti blinessetforih In the CltyM
Miami Cod a appllcade becision-maXing hotly will
reWewth nlormatlon at the pubXc hearing, rentlere
mentlatlon or a final tleclaon.
e PZ-20-9082
03/02/21
6SOCIA=
ware limited
The foregoing instrumen as acknowledged before me by means of ❑ physical presence
or ❑ online notarization, thi day of , 2021, by , as
of MIAM ESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware
limited liability company he Manager of Half -Circle Property (Del.) LLC, a Delaware limited
liability company, on ehalf of that company. He is personally known to me or produced
as identification.
My commission e)(pires:
NOTARY PUBLIC, State of Florida
Print Name:
28
55119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was
or ❑ online notarization, this
of MIAMI DESIGN
limited liability company, the Mana c
company, on behalf of that o1r
as identific tion.
My commission expires:
MDDA Morning Dew, LLC,
a Delaware limited liability c
MIAMI DESIGN DISTRICT A'.
MANAGER, LLC, a Del
liability company, its Mana r
Print Name:
Title:
/ n .... 1
A
NO CE
ThN submitlal neetls to reWemwl theeinleo entlnatlosncoher aa fineae lhbea
rinpb.
c heerineg
Mcortlmlnsefohh the City&
CoeThe Nude d.miomboywll
athe pug toretlbctlecaon
Z0-9082
03/0/122
limited
owledged before me by means of ❑ physical presence
y of 12021, by , as
IISTRICT ASSOCIATES MANAGER, LLC, a Delaware
of MDDA Morning Dew, LLC, a Delaware limited liability
any. He is personally known to me or produced
NOTARY PUBLIC, State of Florida
Print Name:
29
9264;1
4360:1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Lovely Rita Acquisitions, LLC
a Delaware limited liability c
MDDA SWEET BIRD MANA(
Delaware limited liability/
Manager
Print Name:
Title:
/3/02/21
0E
m1v scheaolee bra public h-1,g
elineesdfMhinthe City&
Mlamded.mion-mahingbWywill
reWewt the public hearinon or a final tlecla0-90822/21
its
The foregoing instrument was cknowledged before by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MDDA S EET BIRD MANAGER LLC, a Delaware limited liability
company, in its capacity as Ma ger of Lovely Rita Acquisitions, LLC. He is personally known
to me or produced _ as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
30
55119264;1
56264360;1
SUBSTITUTED. 111
Awl
NOTI
IN WITNESS hereof the parties have caused this Agreement to be dulyJT'
h�medta�nead t-1— dbrapatll
tlancewM1htimelln for ,.phe
M1a Code. Theappll bi, ma Xing
signed as of the date written above. wewmeinb��°nail p°fi, e[ angle
rtz men or afikh—iaon.
PZ- 0-9082
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Norwegian Wood Acquisitl 3/02/21
a Delaware limited liability com
MDDA SWEET BIRD MANAGE , LL , a
Delaware limited liability co pany, its
Manager
Print Name:
Title:
The foregoing instrument was a nowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MDDA SW ET BIRD MANAGER LLC, a Delaware limited liability
company, in its capacity as Ma ger 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:
F 31
19264;1
64360:1
SUBSTITUTED. Jw/
Awl
NO ICE
IN WITNESS hereof the parties have caused this Agreement to be duly
tlance timellneesetforih In the CltyM
m,1a omalnee°° 11111M dfl&1ph,City&
signed as of the date written above.
Mlaml Code.Th ppllwde tlecbk -ml'ip t.—dwill
"ewme'° m ,o .,.,p tltlehd.hn°'erentle,a
mentlatlon or a final tledaon.
PZ-20-9082
Oak Plaza Associates (Del.) L
03/02/21
a Delaware limited liability c
•
MIAMI DESIGN DISTRICT
SOCIA
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
MANAGER, LLC, a De are limited
liability company, its Man er
Print Name:
Title:
The foregoing instrument w s acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MIA I DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability c pany, it its capacity as Manager of Oak Plaza Associates (Del.)
LLC. He is personally kn n to me or produced as identification.
My commission expire
NOTARY PUBLIC, State of Florida
Print Name:
32
55119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument wa
or ❑ online notarization, this
as of MIA/ced
Delaware limited liability com
personally known to me or prod
My commission expires: /
Jungle Plaza, LLC,
a Delaware limited liability c
MIAMI DESIGN DISTRICT
MANAGER, LLC, a De:
liability company, its Mana/
Print Name:
Title:
/03/02/21
ICE
scheaolee brtimelines setforth in the City&
pl-be d.mion-a Xing bWywlll
at the public hearing t. n:nbertlatlon or a final eeclaon20-90821021 1
limited
s ac owledged before me by means of ❑ physical presence
ay of , 2021, by ,
ESIGN DISTRICT ASSOCIATES MANAGER LLC, a
it its capacity as Manager of Jungle Plaza, LLC. He is
as identification.
33
NOTARY PUBLIC, State of Florida
Print Name:
65119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
4200 Associates, LLC, 14
a Delaware limited liability comp
MIAMI DESIGN DISTRICT AS'
MANAGER, LLC, a Dela a
liability company, its Manag
Print Name:
Title:
NOT E
ThN submUtlineetlsb be .&Wdbra public hes�ing
ccorbance ti roes set forth in the City&
Mlarnl Cnde.The applde dmislon-rnahing bWywlll
reWewthelnlormatl at the public hearing t. renbere
recomm aadon or a final dedaon.
03/02/21
limited
The foregoing instrument was a owledged before me by means of ❑ physical presence
or ❑ online notarization, this ay of , 2021, by ,
as of MI/ced
DESIGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability comit its capacity as Manager of 4200 Associates, LLC. He is
personally known to me or pro as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
34
55119264;1
56264360;1
Y91*aIIto] 1219a
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
NOTI
This submittal needs b be sched#�, cco d—,M1 ti-1—
M1a Code. Theappll bi, is1-making
resiewiheinbrmatlon d th ubkc hearing to
recommentlatl orafinal tleciaon.
Pz-zo-9os2
Paradise Plaza Associates, LL 3/02/21
a Delaware limited liability compan
MIAMI DESIGN DISTRICT ASS IA
MANAGER, LLC, a Delaw e limited
liability company, its Manager
an
Print Name:
Title:
The foregoing instrumen/wasac owledged before me by means of ❑ physical presence
or ❑ online notarization, thisof 2021, byas of MIAGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability compapacity as Manager of Paradise Plaza Associates, LLC.
He is personally known to me or as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
35
55119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
NOTI
This submittal needs b be schedu#�,.cco d—,M1 ti-1—
M1a Code. Theappll bi, -making
reWewiheinbrmadon d th ubkc hearing t.
recommentlati ora f,M tleciaon.
PZ-ZD-9082
Tiny Dancer Acquisitions, LL MiftZ3/02/21
a Delaware limited liability compa
MDDA STARDUST MANAGER, C, a
Delaware limited liability co pany, its
Manager
an
Print Name:
Title:
The foregoing instrument w/acknoledged before me by means of ❑ physical presence
or ❑ online notarization, this 2021, by as
of MDDA ST MANAGER LLC, a Delaware limited liability
company, it its capacity as managerancer Acquisitions LLC. He is personally known to
me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
36
5/59"2 64;1
5360:1
Gym Op k
SUBSTITUTED.
Y�
•
•�0
NOT CE
IN WITNESS hereof the parties have caused this Agreement to be duly
ThioebcoHalneQ°`W �e°oedbrapab"ng
tlanee wM' elines setforih in the City CltyM
signed as of the date written above.
Mlaml Code. The ap ode decision-maXing hotly will
"ewme'nb� n ., ,Pab"Id-ngterende,a
ntlatlon or altleclaon.
e omZ-20-9082
Sun King, LLCM
03/02/21
a Delaware limited liability comp
•
MIAMI DESIGN DISTRICT A
OCIA
MANAGER, LLC, a Del are limited
Liability company, its Maria er
Witness:
By:
Print Name:
Print Name:
Title:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instru/of
owledged before me by means of ❑ physical presence
or ❑ online notarization, of 2021, byas of IGN DISTRICT ASSOCIATES MANAGER LLC, a
Delaware limited liability cs capacity as Manager of Sun King, LLC, a Delaware
limited liability company, oat company. He is personally known to me or produced
on.
My commission expires,
NOTARY PUBLIC, State of Florida
Print Name:
37
55119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witness:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Uptown Girl Development LL
a Delaware limited liability
TICE
This submitt eetic
rMeWlaeme ereienc. lThormemwaaeMtlnotlntill a®bmatletodtsnlhice neoheraubfieXnofaMnl -mh
anXithe
.
CrelthnyetlM
ppbcisc boy aetl�ri
nlel
p
dW.n
PZ-20-9082
0o/0/3221 g
MDDA STARDUST MAN GER, LLB,a
Delaware limited liabili company, its
Manager
an
Print Name:
Title:
The foregoing instrument was aknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2021, by , as
of MDDA S ARDUST MANAGER, LLC, a Delaware limited liability
company, in its capacity as Man er 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:
38
55119264;1
56264360;1
SUBSTITUTED.
IN WITNESS hereof the parties have caused this Agreement to be duly
signed as of the date written above.
Witness:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
THE CITY OF MIAMI,
a municipal corporation of the State
Print Name:
Title: City Manager
NO E
T N submUtll needs to be heduled bra public healing
c da wkht lines sHforth in the City&
Mlami Code. The app de tlecision-making hotly will
reWewiheinlonnati aithepubche ington:dtl
recom tlatlon Urafinal tleciaon.
03/02/21
The foregoing instrument was a/ity
dged before me by means of ❑ physical presence
or ❑ online notarization, this d, 2021, by , in
his/her capacity as City Manager of thf Miami, a municipalcorporation of the State of
Florida. He/she is personally known toroduced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
39
55119264;1
56264360;1
`11Y f]F.1L
SUBSTITUTED.
Exhibit "A"
Legal Descriptions of the Property
40
55119264;1
56264360;1
NOT CE
rnis s�bminai neeasm �neawee m�a P�be�neahny
in accoreancewkne shoes set tonh in me cirym
Miami Cotle.7he ap de tlecision-making bWywill
reWewiheimm�n - oaf the pubic hearing to rentlere
mom na�aon ofannai e�uWon.
03/02/21
SUBSTITUTED.
NO CE
rnlaebminai neeasm s�neael�e m,a P�bd�nea,iny
MAP #1: LAVERNE neco,exnaw rnellneseetfMh In the City&
Miami Code. The ZLie aeciWon-rn,,"boar will
reWewihe inm n at the pubk hearing t. renders
ended., or z final de W.n.
SUBJECT PROPERTY STREET ADDRESS(ES): 90 NE 39th Street (Folio No.: 01-3 �e z-20-9082
03/02/21
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1, 2 and 3, Block 2, of BI
according to the Plat thereof, as reco ed in Plat ook 7, at
Page 37, of the Public Records Miami -Dade County,
Florida
MAP #2, 3, 4, 5, 6, 7: PALM COURT
SUBJECT PROPERTY STREET ADDRESS(ES):
100 NE 39th Street (Folio)qo.: 01-3124-046-0010)
3851 Ne 1 Avenue(Foli o.: 01-3124-046-0020)
3801 NE 1 Avenue (Feio No.: 01-3124-046-0030)
132 NE 39th Street olio No.: 01-3124-046-0040)
140 NE 39th Stree (Folio No.: 01-3124-046-0050)
180 NE 39th Str et (Folio No.: 01-3124-046-0060)
3821 NE 1 Co rt (Folio No.: 01-3124-046-0070)
Tracts A, B, C, D, E, F and G of PALM WAY
SUBDIV SION, according to the Plat thereof, as recorded
in PlayBook 170, at Page 32, of the Public Records of
SUBJECT PROPERTY LEGAL DESCRIPTION: Mia i-Dade County, Florida.
MAP #8: BUICK
SUBJECT PROPERTY STREET ADDRESS(ES),/ 3841 NE 2nd Avenue (Folio No.: 01-3219-011-0100)
SUBJECT PROPERTY LEGAL DESC
MAP #9: 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 PROPERTA STREET ADDRESS(ES): 3725 Biscayne Boulevard (Folio No.: 01-3219-045-0010)
SUBJECT PROP TY 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;1
`11Y Op'�
SUBSTITUTED.
�w.. 1�
NOTI
This submittal neetlsb be schetlu bra publ
In accortlana wXh timelines forth inthe
Miami Cotle. Theappliw Lie-maXingl
reNewtheinbrmation at ih ublic hearingto
Lot 32, less that part in Biscayne pmm n, praflna[tlee�d
through 36, less the West 6 feet Pz- 0-90s2
PARK, 2ND AMENDED PLAT TH 3/02/21
the Plat thereof, as recorded in Plat Boo •
the Public Records of Miami -Dade Co tv. Flon a:
AND
Lots 33, 35 and 37, of BU A VISTA BISCAYNE
BADGER CLUB SUBDIV ION, according to the Plat
thereof, as recorded in Pl Book 1, at Page 115, of the
Public Records of Miam/ Dade County, Florida;
AND
The North 34. feet of Lot 31 of BUENA VISTA
BISCAYNE ADGER CLUB SUBDIVISION, according
to the Plat t ereof, as recorded in Plat Book 1, at Page 115,
of the Pu is Records of Miami -Dade County, Florida;
e 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 #10: TUTTLE NORTH
SUBJECT PROPERTY STREET ADDAESS(ES): 299 NE 38th Street (Folio No.: 01-3219-011-0330)
SUBJECT PROPERTY LEGAL SCRIPTION: 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
(f/k/a Norwegian Wood
SUBJECT PRO
SUBJECT
$SOUTH
Casa/Lady Jane)
TY STREET ADDRESS(ES)
TY LEGAL DESCRIPTION
92 NE 40th Street (Folio No.: 01-3124-029-0010)
99 NE 39th Street
Lots 1, 2 and 3, Block 3, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
42
55119264;1
56264360;1
MAP #13,14: JBL
(Vk/a JBL and Hale Daniel)
SUBJECT PROPERTY STREET ADDRESS(ES)
`t1 i;
SUBSTITUTED.
,'
NOTICE
thereof, as recorded in Plat Boo
Thissobm "nEe°s t1111 lef1°rapvb°ehea,i°®
rc°�tlance wP U.d' eesetforth in the Clty °t
Public Records of Miami -Dade
Miami C°tle. The appliada tlsiil°n--king b°tly will
° entlab°no,�fina�tle�ia°n
And
ljjjjwewmei°bmati°na„hep°°°`hea"n9,°rentle,a
PZ-20-9082
03/02/21
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.
(Folio No.: 01-3124-030-0090)
101 NE 39th Street
103 NE 39th Street
105 NE 39th Street
107 NE 39th Street
111 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;1
I� 7/ ct1Y nr•' fL
SUBSTITUTED. '§
NOTK
Plat Book 6 at Page 132 of the P hlsaubmiHalnee°`�beaehe etl�faphbCitya,Ing
IaM1CWance WM1htimelln el n-m in the CNyof
> > Mlaml Cotle. Theappbud eclslon-maNing hotly will
reWewihelnlormatlon at epubNc hearing to rentlere
Dade County, Florida. mcem d norafinal tleclWert
P 0-9082
Parcel 4: 03/02/21
Lot 12, less the East 3 feet thereof, an of 13, in lock 1,
of MAGNOLIA COURT, accordin o the Plat thereof, as
recorded in Plat Book 6, at Page 1 , of the Public Records
of Miami -Dade County, Florid less that part of said Lot
13 described as follows:
Beginning at the Southw9glerly corner of Lot 13, Block 1,
of MAGNOLIA COU , according to the Plat thereof, as
recorded in Plat Boo , at Page 105, of the Public Records
of Miami -Dade C nty, Florida; thence run Eastwardly
al/'ght,'
South ly line of said Lot 13, a distance of
T) fe to a point of curve; thence run Westwardly
ae wardly along the arc of a tangential curve to
thwing a radius of Twenty -Five (25) feet and a
cle of 8°41'07" for a distance of 12.52 feet to a
pthe Westerly line of said Lot 13; thence run
Sly along the Westerly line of said Lot 13 a
di 3.07 feet to the Point of Beginning.
MAP #15: OAK PLAZA -OP 120
(Vk/a Collins)
SUBJECT PROPERTY STREET ADDRESX(ES): 139 NE 39th Street (Folio No.: 01-3124-030-0060)
SUBJECT PROPERTY LEGAL DESC PTION: 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;1
MAP #16: OAK PLAZA OP 110
(Vk/a Loggia)
SUBJECT PROPERTY STREET ADDRESS(ES)
SUBJECT PROPERTY LEGAL DESCRIPTION:
SUBSTITUTED.Awl. 100
N ICE
BEGIN AT THE SOUTHEAST ""°"bmdal°e a�sebed"°trap"°°`hea"
ia1°rdetimelinesslt°nn ime cidym
Miami Codea applicadle decision-m i,g t b°a d°d ,ll
7; THENCE SOUTH 89°58'58" �°°° °"d°p"° °ea"°
mendation or a final tlecitl°n.
BOUNDARY OF SAID LOT 7, Pz-20-9082
43.98 FEET; THENCE NORT 03/02/21
ALONG THE SOUTHERLY PROL
WESTERLY LINE OF THE EAS 5.00 FEE SAID
LOT 12, FOR A DISTANCE O 93.23 FEET TO THE
NORTH BOUNDARY OF AID LOT 7; THENCE
NORTH 89059'41" EAST ALONG THE NORTH
BOUNDARY OF SAID L 7, FOR A DISTANCE OF
43.98 FEET TO THE NO THEAST CORNER OF SAID
LOT 7; THENCE SOU 00001'50" EAST ALONG THE
EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 9 .22 FEET TO THE POINT OF
BEGINNING.
163 NE 3.9th Street (Folio No.: 01-3124-030-0050)
LOT AND THAT PORTION OF LOT 7, BLOCK 1,
M NOLIA COURT, ACCORDING TO THE PLAT
T EREOF, AS RECORDED IN PLAT BOOK 6, AT
AGE 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 00001'50" EAST ALONG THE
45
55119264;1
56264360;1
SUBSTITUTED.
EAST BOUNDARY OF SE
DISTANCE OF 93.22 FEET
BEGINNING.
MAP #17: OAK PLAZA KVA OP 150 (Fendi)
A \\
NO CE
This submittal neetlsb schetluled fora public hearing
ccoraanmvi mellnes set torte in me clrym
Miami Code. The lira Lie tlecision-mahing hotly will
reulewiheinlo nat thepubdc heaving t. renders
recv entlatign pr afinal tleclaon.
/PZ-20-9082 ,
03/02/21
SUBJECT PROPERTY STREET ADDRESS(ES): 150 NE 40th Street (Folio No.: 01 /124-028-0080)
SUBJECT PROPERTY LEGAL DESCRIPTION: The West 20 feet of Lot 1 and all of Lot 13, of
COMMERCIAL BILTMO E, SECOND SECTION,
according to the plat there , as recorded in Plat Book 12,
at Page 44, of the Public ecords of Miami -Dade County,
Florida.
Also known as:
The West 20 fe of Lot 12, and all of Lot 13, of SECOND
SECTION, C MERCIAL BILTMORE 1924, according
to the plat t reof, as recorded in Plat Book 12, at Page 44,
of the Pub c Records of Miami -Dade County, Florida.
MAP #18: OAK PLAZA OP 160
SUBJECT PROPERTY STREET ADDRESS(ES): 16 ,ONE 40th Street (Folio No.: 01-3124-028-0060)
4 NE 40th Street (Folio No.: 01-3124-028-0070)
SUBJECT PROPERTY LEGAL DE
SCRIPTION- 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 STREET A 170 NE 40th Street (Folio No.: 01-3124-028-0040)
SUBJECT PROPERTY LEGA ESCRIPTION: 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 STREET ADDRESS(ES): 3930 NE 2nd Avenue (Folio No.: 01-3124-028-0010)
SUBJECT PR( ERTY LEGAL DESCRIPTION: Lots 1 through 6 inclusive, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
46
551 264;1
5 44360:1
`11Y Op p
SUBSTITUTED. .w
NO CE
thereof, as recorded in Plat Boo
Th'°'°°n�a`n .° `he°°�°brap"`
rsor° [n dw i el&.d.t d blh n the
Public Records of Miami -Dade C
Ml,m Co Theap iw Gadsle making
`vmeom na"ha°°°°`°`a"°9"
" n°wonnraflr,ah° 1';on
1 through 4, inclusive, Block 1, an
z-20-9082
of Lot 4, Block 1, of MAGNOLIA
03/02/21
the plat thereof, as recorded in Plat Bo
the Public Records of Miami -Dade C
unty, Flon a.
LESS
Those portions of Lots 1, 2 d 3, Block 1, MAGNOLIA
COURT, according to the at thereof, as recorded in Plat
Book 6, at Page 105, of t Public Records of Miami -Dade
County, Florida, bein more particularly described as
follows:
The East 10 feet o Lots 1, 2 and 3, and the external area of
a circular curve, ontained within said Lot 3, concave to the
Northwest ha ng a radius of 25 feet and tangents which
are 25 feet rth of and parallel with the centerline of N.E.
391h Stree and 35 feet West of and parallel with the
centerli of N.E. 2nd Avenue;
SS
hose 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.
401h Street and 35 feet West of and parallel with the
centerline of N.E. 2nd Avenue.
MAP #21: (NEWTON)
SUBJECT PROPERTY XrREET ADDRESS (ES): 201 NE 39th Street (Folio No.: 01-3129-012-0010)
SUBJECT PROPE Y 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
55 9264;1
5 64360:1
C 9s
Book 4, at Page 150, of the
County, Florida.
MAP #22, 23: (SWEET BIRD NORTH)
(f/k/a Asi-Museum Village and Suttin and Lovely
Rita)
N ICE
This submittal nee be achetluletl imre pubec hearing
In accordance Mtl meli—eforth lathe Citye
Miami Code. appllwde dmislon-making body wilt
radewthein ation at the pabkc hearing to n:nbere
m ,datlon or a final tleclaon.
PZ-20-9082
03/02/21
81 NE 40th Street and 95 NE 40)6 Street
SUBJECT PROPERTY STREET ADDRESS(ES): (Folio No.: 01-3124-049-0020
Tract B, MUSEUM SUBD ISION, according to the Plat
SUBJECT PROPERTY LEGAL DESCRIPTION: thereof, as recorded in J19at Book 172, Page 98, of the
Public Records of Mia i-Dade County, Florida.
MAP #24, 25, 26, 27, 35, 36, 37, 38:
(BRIDGE NORTH, BRIDGE SOUTH, J DE,
MOSAIC, MOORE/GARDEN)
(f/k/a Rosen, Mosaic/Chatham, Moore arden,
Moore, Moore 140, Mosaic Lot, Rosen L t, Palmer
Building)
SUBJECT PROPERTY STREETADDRESS(ES):
SUBJECT
TY LEGAL DESCRIPTION
Formerly known
Lots 5, 6 and Block 2, of AMENDED PLAT OF
COMMERCI L BILTMORE 1921, according to the Plat
thereof, as corded in Plat Book 6, at Page 132, of the
Public Re ords of Miami -Dade County, Florida.
And
Los 1, 2, 3 and 4, Block 2, AMENDED PLAT OF
,VOMMERCIAL 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.: 01-3124-048-0020)
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 (Mosaac) 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
551 9264;1
5 64360:1
SUBSTITUTED.
Awl
O ICE
IL
etls scheauletl bra public heariny
forth in the City&
(Moore/Garden)
e pliesLiebsisbn-rnahingbWyWil
atthep btlehrarin9to antlentlatl ono afinaltleciatZ-20-9082
Parcel 1:
03/02/21-,A.
Lots 3, 5, 6 and 7, of AMENDED P AT OF ATI RTION
OF BLOCK 10 OF BILTMORE BDIVISION AND A
PORTION OF BLOCK 1 OF T AMENDED PLAT OF
COMMERCIAL BILTMORE UBDIVISION, according
to the Plat thereof, as record in Plat Book 45, at Page 55,
of the Public Records of 'ami-Dade County, Florida.
Parcel 2:
Lots 1 and 2, in BIqo6k 10, of BILTMORE, according to the
Plat thereof, as r orded in Plat Book 6, at Page 67, of the
Public Records f Miami -Dade County, Florida.
Parcel 3:
Lots 21and 4, in Block 1, of AMENDED PLAT OF
COM,X4ERCIAL BILTMORE 1921, according to the Plat
the/of, as recorded in Plat Book 6, at Page 132, of the
P lic 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
55 9264;1
5 264360:1
SUBSTITUTED.
4
°
~f
. °1A 0
NO CE
Northerly line of said Lot 7, for
iQ U� [ d om°&m de<d i� bkh-1
""°°bmtlalmI llmleebh11th,ety&
MI°ml Code. The pU.be de l_—kl,g bWy will
the POINT OF BEGINNING.
°"° re°
"`w"°� °a" p° °°°°`°`°_"°°'°'°`°
e °ntl°tl°n° °finalt.
PZ-20-9082 ,
A& 03/02/21
(Mosaic / Bridge South)
Parcel 1:
Lots 8, 9, 10, 11 2 and , Block 1, of AMENDED PLAT OF
COMMERCIAL LTMORE 1921, according to the plat
thereof, as /recod in Plat Book 6, at Page 132, of the
Public RecMiami-Dade County, Florida.
Together w
A porti of the 12 foot Alley lying North of Block 1,
AME DED PLAT OF COMMERCIAL BILTMORE
/Bok
accordingto the Plat thereof, as recorded in Plat
6,at Page 132, of the Public Records of Miami -Dade
y, 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;1
�`� °p k
SUBSTITUTED. `�
�.
NOTIC
Page 132, of the Public Records Florda, being more particularly d, ThrMeiWsiae°muwcibcCmortt_de"an.rbeiThnPcmeemaemwZdaaesNpha-po/�908
meha
craaiin lnNWpigtnnahgtnda o
lI
BEGIN at the Northwest corner o � ""
N00°00'40"E, along the Northerly prolon st
line of said Lot 14, for a distance of .00 eet; thence
N89°59'47"E, along the centerline of s id 12 foot Alley, for
a distance of 62.42 feet; thence S00° '06"W for a distance
of 6.00 feet; thence S89°59'47"W or, along the North line
of said Block 1, a distance of 6 .42 feet to the POINT OF
BEGINNING.
(Jade and Bridge N
Parcel 1:
Lot 6, in Block 1 , of BILTMORE, according to the Plat
thereof, as recor d in Plat Book 6, at Page 67, of the Public
Records of M/ mi-Dade County, Florida.
2:
Yot 7, 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:
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
9264;1
4360:1
GtTtl OP �!
Y
SUBSTITUTED.
N OT E
Lot 8, in Block 10, of BILTMO
newel forth In the Clh of
Mlaml Code. The app de tlsisl°n-maMing bsdy will
l Codenre app
thereof, as recorded in Plat Book 6,
°ma"n`°°°°°°"'°°'°a°°"`
tlab t ° annaiae�ia°t
Records of Miami -Dade County, F
-20-90s2
03/02/21
Together with:
A portion of the 12 foot Alley ly/ng North of Block 1,
AMENDED PLAT OF COM ERCIAL BILTMORE,
according to the Plat thereof, a ecorded in Plat Book 6, at
Page 132, of the Public Rec rds of Miami -Dade County,
Florida, and a portion of e 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/escnibe(d
VISION, according to the Plat thereof,
as recordedBook 45, at Page 55, of the Public
Records ofDade County, Florida, being more
particularly as follows:
BEGIN the Northwest corner of Lot 3 of said Plat Book
45/thI2
P e 55. thence S00°00'50"W, along the West line of
f 3, for a distance of 111.22 feet to the centerline of
oot Alley asshown on said Plat Book 6, Page 132;
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;1
MAP #28, 29, 30, 31, �2, 33, 34: MUSEUM GARAGE
(Vk/a Asi-Museum illage)
SUBJECT,PROPERTY STREET ADDRESS(ES)
SUBSTITUTED.
N TICE
Page 132, together with the alley m"°e—, 'd 1"i`ne"f'&a °`ty "
a� °.Npli-bl d-slon-making bury
eve. .Theappll�de tlxlal°n-ma Ng t.° dw
PLAT OF A PORTION OF BLO "°"°��a°°°"°°°°°°`°°a"° ° "'
SUBDIVISION AND A PORTI PZ-20-9082
THE AMENDED PLAT O 03/02/21
BILTMORE SUBDIVISION, accor ing * ,
as recorded in Plat Book 45, a age 55, o t e Public
Records, Miami -Dade Coun , Florida, being more
particularly described as folio s:
Beginning at the Northw st corner of Lot 3, as shown in
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBD ISION AND A PORTION OF
BLOCK I OF THE AMENDED PLAT OF
COMMERCIAL ILTMORE SUBDIVISION, according
to the Plat there f, as recorded in Plat Book 45, at Page 55,
of the Public ecords, Miami -Dade County, Florida, the
said point eing on the northerly Right of Way line of
Northeast lst Street; thence South 00°00'50" West along
the We line of said Lot 3, for a distance of 117.22 feet to
a po t on the North line of Block 1, as shown in
A NDED PLAT OF COMMERCIAL BILTMORE,
a ording to the Plat thereof, as recorded in Plat Book 6, at
age 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.
(Folio No.: 01-3124-049-0010)
90 NE 41 st Street
53
55119264;1
56264360;1
SUBSTITUTED.
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #41, 62: STARDUST
(Vk/a Moore 77 and Upt n Girl)
SUBJECT PROPERTY
ADDRESS(ES):
STREET
NOTICE
Tract A, of MUSEUM SUBDIV "''a�a,d=' wnmet gsfd�h
M-1C . Theappliutls d.11 n-m
Plat thereof, as recorded in Plat "�� ,�o m° b °.,"11 d.
dalltt or abkhltl
the Public Records of Miami -Dade Pz-20-9082
03/02/21
Said Tract A of being formerly desc be ,
Lots 1 through 8, of Block 9, Ylltmore, according to the
Plat thereof as recorded in Pl Book 6, at Page 67, of the
Public Records of Miami-DpAe County, Florida.
Vacated Alley:
A portion of the 2 foot alley lying between Block 9, of
M BILTORE a cording to the plat thereof as recorded in
Plat Book 6, age 67, and Block 2 of AMENDED PLAT
OF COM RCIAL BILTMORE according to the plat
thereof a recorded in Plat Book 6, Page 132, of the Public
Record of Miami -Dade County, Florida, being more
parti larly described as follows:
Bf-GINNING at the Southeast corner of Lot 1, of said
lock 9, the said point being on the Westerly Right of Way
line of Northeast Ist 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 1st 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
5119264;1
56264360;1
4100 NE 1st Avenue (Folio No.: 01-3124-024-1350)
77 NE 41st Street (Folio no.: 01-3124-024-1340)
-1
SUBSTITUTED. Awl
"�-- � U.-i§`F1�
N ICE
This submittal neetl be I, heaWee bra public hes,lny
Parcel 1: In accortlana t mellnes eetfMhh the City&
Ml"i Cotle. applies Lie d.mio —king bWy Wil
reWewthein ati at the public hearing t. renbere
mended., or a final d.dm.n.
SUBJECT PROPERTY LEGAL PZ-20-9082
DESCRIPTION: 03/02/21
Lot 22 and the East z of L •
BILTMORE, according to the Plat t ereof, re m Plat
Book 6, at Page 67, of the Public ecords of Miami -Dade
County, Florida.
Parcel 2:
Lots 23 ao 24, less the North 46 feet thereof, in Block
8, of BILTMO , according to the Plat thereof, recorded In
Plat Book 6, Page 67, of the Public Records of Miami -Dade
County, Flo da.
MAP #42, 43, 44: PARADISE PLAZA
(f/k/a Moore 115, Scarlet Begonia, Church (FCAA))
SUBJECT PROPERTY STREET ADDRESS(ES): 1 5 NE 41st Street (Folio No.: 01-3124-024-1550)
1135 NE 41st Street (Folio No.: 01-3124-024-1550)
50 NE 42nd Street (Folio No.: 01-3124-024-1550)
SUBJECT PROPERTY LEGAL DESC
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;1
utS� _a 9jl�
SUBSTITUTED.`
s� f'A lVr
N TICE
rnie s�em2 ea b 111e etlmraphb City&
Parcel 2: ina�o,tl a ppU-il,dmi,lb,W ntijbWy
Miami C .The appli®de tlecbk-mahing do dy ' l
reWew Inlormatlon a��hepu b,chea,m., rentlere
recommentlatlon or a final tleclaon.
Lot 5, Block 7, of BILTMORE, Pz-20-9082
thereof, as recorded in Plat Book 6, at 03/02/21
Records of Miami -Dade County, F rida. , •
Parcel 3:
Lots 3 and 4, in Block 7, of ILTMORE, according to the
Plat thereof, as recorded i Plat Book 6, at Page 67, of the
Public Records of Mia -Dade County, Florida.
MAP #45: 4100/Lee
SUBJECT PROPERTY STREET 4100 NE 2nd Ae (Folio No.: 01-3124-024-1560)
ADDRESS(ES):
The East 107 Yet of that certain tract of land 432 feet East
SUBJECT PROPERTY LEGAL DESCRIPTION: and West by 04.6 feet North and South, lying directly East
of and adj ning Lots 5 and 6, in Block 7, of BILTMORE,
accordi to the Plat thereof, as recorded in Plat Book 6, at
Page of the Public Records of Miami -Dade County,
MAP #46: 4141
SUBJECT PROPERTY STREET ADDRESS
SUBJECT PROPERTY LEGAL DESC
MAP #47: 4200
SUBJECT
ADDRESS(ES):
: 4141 NE 2nd Avenue (Folio No.: 01-3219-009-0010)
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, of BRENTWOOD, according
to the plat thereof as recorded in Plat Book 40, Page 66, of
the Public Records of Miami - Dade County, Florida.
TY STREET 4200 NE 2nd Avenue (Folio No.: 01-3124-024-0930)
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
SUBJECT PRO RTY 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: 4
/ 56
55119264;1
56264360;1
SUBSTITUTED.
SUBJECT PROPERTY STREET ADDRESS(ES): 4240 NE 2nd Avenue (Folio No.:
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 4, less the East 5 feet thereof, in 9
as recorded in Plat Book 6, Page 67, o
of Miami -Dade County, Florida.
MAP #50, 51: CITY GARAGE
(Ma City Garage, Sebastien)
NO CE
This submittal neaasm schetlulee bra public nearing
In eccortlanawM .lines setforth inthe City&
Miami Cotle. Thea liwlaebecision-mahingbWywn
reNewthelnbrm vn at the public hearing to rentlere
enaaepn nr a enal aemaen.
/Pz-20-9082 ,
03/02/21 /4'
SUBJECT PROPERTY STREET ADDRESS(ES): 3800 NE 1st Avenue (Folio )(6.: 01-3124-033-0240)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1:
Lots 2, 3, 4, 5, 6, 7, , 9, 10, 11, 12,13 and 14, in Block 2,
of COMMERCIA BUENA VISTA, according to the Plat
thereof, as recor ed in Plat Book 14, at Page 56, of the
Public Record of Miami -Dade County, Florida.
Parcel 2:
Lots 15 16, 17 and 18, Block 2, of COMMERCIAL
BUEN VISTA, according to the Plat thereof, as recorded
in P t Book 14, at Page 56, of the Public Records of
M/ mi-Dade County, Florida.
Tess 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 LAl
(Vk/a Spear, Always FIoW rs)
SUBJECT ZOPERTY
TY STREET ADDRESS(ES): 50 NE 39th Street (Folio No.: 01-3124-029-0150)
Parcel 1:
SUBJECT LEGAL DESCRIPTION:
57
s 119264;1
s6264360;1
SUBSTITUTED.'
.•
NO ICE
That portion of Lots 19, 20 96°bmttal°°=°` ,11. f.dhht°bgnhe11119
In acb °t I a timelines , d° , In the City°t
NFami C° The pUuded.6°n-mahingbWyWil
COMMERCIAL BUENA VIST
mentlati°n °ra final tlecia°n.
thereof, as recorded in Plat Book Pz-20-9082
Public Records of Miami -Dade C 03/02/21
West of the West line of Lot 6, of Blo
COURT, according to the Plat ther f, as recor e in Plat
Book 7, at Page 37, of the Public ecords of Miami -Dade
County, Florida.
Parcel 2:
i
fisaid
7 and Lo 8, less the following described
reginning the Northeast corner of Lot 8, in
BILT ORE COURT, according to the Plat
fecord in Plat Book 7, at Page 37, of the Public
dDa County, Florida now known as Miami-
y lorida; thence run West along the North line
d , a distance of 50.02 feet to the Northwest
rid Lot 8; thence run South along the West line
d 8, a distance of 89.30 feet to the Southwest
id Lot 8; thence run East along the South line
d, a distance of 30.92 feet to a point; thence run
a line parallel with and 30.92 feet East of the
lf 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 30.10 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
5s
55119264;1
56264360;1
SUBSTITUTED.
MAP #54, 55, 56: LIDIA
(f/k/a Lidia)
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
N ICE
Public Records of Miami -Dad
Thla aubmiSlal ne ab be achetluletl bra p° blic hearing
Inacc°rtlan w6htlmdill ace firth in tha CIT&
circular curve being concave to
Mlnml G°tle a appliuGe tleciai°n Xing b°tly will
tlewme pm°"°nallh°pabhehearin0 °'era
mentlati°n or a final tlecl9°n.
radius of 25 feet, and tangents whi
Pz-20-90s2
and parallel with the center line of
03i02i21
feet East of and parallel with the cen
r , ' i
Court.
30 NE 39th Street (Folio/'�o.: 01-3124-029-0160)
3840 NE Miami Coups (Folio No.: 0 1 -3124-026-0220
3825 N. Miami A/enue (Folio No.: 01-3124-029-0170)
Parcel
Lot 9,1 s the East 15 feet, and Lots 10 through 13, Inclusive,
Bloc 2, of BILTMORE COURT, according to the Plat
the of, as recorded In Plat Book 7, at Page 37, of the Public
cords of Miami -Dade County, Florida, LESS thatportion
f 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
s 119264;1
56264360;1
MAP #57, 58, 59: MARCY
SUBJECT PROPERTY STREET ADDRESS(ES)
SUBSTITUTED.
Plat thereof, as recorded in Plat
Public Records of Miami -Dade
/ 41p
OTICE
This sub al needs to lx scheduled for a public hearing
rd.l. wtth tlmelines set tohh in the City of
Miaa Gode. TheappU-ble dxlalon-maaing body W11
w the inlonnatlon at the pabdo hearing to render a
o endation or a fins l d.dm
PZ-20-9082
03/02/21
3852 N. Miami Avenue olio No.: 01-3124-021-0940)
20 NW 39th Street (Fol No.: 01-3124-021-0950)
28 NW 39th Street (F io No.: 01-3124-021-0960)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, in Block 6, of PRINCESS PARK,
according to the lathereof, as recorded in Plat Book 6, at
Page 87, of t Public Records of Miami -Dade County,
Florida.
MAP #60, 61: MADONNA
SUBJECT PROPERTY STREET ADDRESS(ES) *900 N. Miami Avenue (Folio No.: 01-3124-021-0580)
21 NW 39th Street (Folio No.: 01-3124-021-0570)
SUBJECT PROPERTY LEGAL DESC
MAP #63: STARDUST EAST (Tiny Dancer)
SUBJECT PROPERTY STREET A)6DRESS(ES):
SUBJECT PROPERTY LEGAL/DESCRIPTION:
Note: All
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.
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.
ip # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail
Special Area Plan Design Concept Book.
60
9264;1
4360:1
411" 11,
7
SUBSTITUTED. .. n a�
N/di,i-
Exhibit "B" (�I.neatlhhth lnadforth in theThe a- -"Xingc hearing t. --al tleciaon.Miami Design District Retail Street SAP Regulating Plan and Design CoPz2
The current versions of the Miami Design District Retail Street SAP Regulating Plan d Design
Concept Book were approved by the City Commission on 2021 under O dinance No.
Copies of the Regulating Plan and Design Concept Book appr ed under this
legislation are on file with the City of Miami and are incorporated herein by ref ence.
61
55119264;1
56264360;1