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Submittal - Melissa Tapanes - Letter to Commissioners
Submitted into the public record for item(s) PZA on 03 10 2022. City Clerk Z 4 M7 4 Requested Exemptions (�dak Ta�)ouj Project Name Addresses Folios 1 Southside Park 1105 SW 2 AVE 01--4138-051-0400 1115 SW 2 AVE 01-4138-051-0410 1131 SW 2 AVE 01-4138-051-0390 1133 SW 2 AVE 01-4138-051--0420 191 SW 12 5T 01-4138-051-0430 -Z a ��� Q' 155 SW 12 ST 01-0208-050-1021 145 SW 12 ST 01-0208-050-1022 140 SW 11 ST 01-0208-050-1010 142 SW 11 5T 01-4138-051-0380 888 Brickell 888 BRICKELL AVE 01-0209-090-1570 ( (J U 4 Link @ Douglas Road Metrorail Station 3060 5W 37 AVE 01-4120-068-0015 3050 SW 37 AVE 3060 SW 37 CT 01-4120-068-0010 01-4120-059-0420 01-4120-068-0020 Crescent Heights 1370 NE 2 Avenue 01-3136-045-0010 01-3136-045-0020 01-3136-045-0040 01-3136-045-0050 01-3136-014-0010 01-3136-014-0020 -* /Vl i a m i Dade. Geu ,4-4i face-5-S PoI' . 93E— 3U6-n Ii{Pd -I'Yl�.kSSl+ IS— Uj Lin is (�-imnjsti.tsl Submitted into the public record for item(s) PZ.4 on 03 10 2o22 City Clerk Requested Exemptions Project Name Addresses Folios 1 Southside Park 1105 SW 2 AVE 01-4138-051-0400 1115 SW 2 AVE 01-4138-051-0410 1131 SW 2 AVE 01-4138-051-0390 1133 SW 2 AVE 01-4138-051-0420 191 SW 12 ST 01-4138-051-0430 155 SW 12 ST 01-0208-050-1021 145 SW 12 ST 01-0208-050-1022 140 SW 11 ST 01-0208-050-1010 142 SW 11 ST 01-4138-051-0380 888 Brickell 888 BRICKELL AVE 01-0209-090-1570 Link @ Douglas Road Metrorail Station 3060 SW 37 AVE 01-4120-068-0015 3050 SW 37 AVE 3060 SW 37 CT 01-4120-068-0010 01-4120-059-0020 01-4120-068-0020 Crescent Heights 1370 NE 2 Avenue 01-3136-045-0010 01-3136-045-0020 01-3136-045-0040 01-3136-045-0050 01-3136-014-0010 01-3136-014-0020 BERCOW RADELL PE RNANDE7 LARKIN TAPANES WwW.hrz0R1n00W Cum Submitted into the public record for items) pZ,4 on 4� ZQz?, City Cferk March 9, 2022 VIA ELECTRONIC MAIL Mr, Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 RE: Link at Douglas Metrorail Station- Rapid Transit Zone Dear Mr. Noriega: This law firm represents Adler 131h Floor Douglas Station, LP, Miami Douglas Two, LP, and Miami Douglas Three Owner, LLC (collectively, the "Douglas Station Developer") in connection with the redevelopment of Douglas Metro rail pursuant to Contract No. RFP- 00133 with Miami -Dade County. The Douglas Station Developer respectfully requests an exemption from the City's Ordinance 9385. Property. Miami -Dade County (the "County") is the owner of Douglas Road Station and the immediately surrounding land. In accordance with the goals, objectives, and policies of the County's Comprehensive Development Master Plan, the County issued a Request for Proposals ("UP") for redevelopment of the Douglas Station Property in 2014- The Douglas Station Developer is the awardee of the RFP, acknowledged by County Resolution R-731-16 and its accompanying Lease Agreement, and the long-term lessee of the Douglas Road Metrorail Station and adjacent County - owned land located at the northwest corner of Douglas Road and US-1 ("Douglas Road Station"). See Location Map, below. Douglas Road Station is approximately 7.54 net acres / 9.68 gross acres in size. Submitted into the public record for item(s) pZA on gIlIQL2022, City Clerk City of Coral Gables Figure 1. Location Map • IC��Fi i� Mr. Arthur Noriega City Manager Page 2 Although the Douglas Road Station is located within the City of Miami, redevelopment jurisdiction is retained by Miami -Dade County through Section 33C-8 of the Miami -Dade County Code of Ordinances ("County Code"). The purpose of Section 33C-8 is to "provide guidelines governing the use, site design, building mass, parking, and circulation for all non-Metrorail development in the Rapid Transit Zone within the City of Miami with the intent of fulfilling the goals, objectives and policies of the County's Comprehensive Development Master Plan urban center text." Site Plan Approval. Consistent with Section 33C-8 of the County Code, the Douglas Station Developer has submitted several site plan approval applications since 2015.' At this point in time, the Douglas Station Developer is in the process of securing site plan approval for Phase 2 of the overall Douglas Road Station project (the "Phase 2 Application"). The Phase 2 Application is identified by County Plan No. Z2021000227 and was submitted on November 1, 2021. The City's Ordinance 9385, approved at first reading on February 24, 2022, adds language to the City's Zoning Code that indicates that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, the Douglas Station Developer has relied on its Lease Agreement and Section 33C-8 of the County Code and expended significant funds related to the redevelopment of the Douglas Road It should also be noted that the County's Comprehensive Development Master Plan ("CDMP") includes specific provisions related to development on and around the Douglas Road Station, including minimum and maximum development standards. The approved and currently proposed development for the Douglas Road Station relies on and complies with the development standards set forth in the County's CDMP. Subrnitted into the public record for item(s) PZA on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Page 3 Station property consistent with their terms. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, t2) upon same act or omission of the government, t3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v, City of Hollywood, 329 So.2d 10 (FIa.1976); Salkolsky v. City of Coral Gables, 151 So.2d 433 963). Request. The Douglas Station Developer respectfully requests an exemption from Ordinance 9385 that makes clear that development of Douglas Road Station property may proceed under the applicable County Rapid Transit Zone regulations. We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6220. Sincerely, Jeffrey Bercow Enclosures Cc: Melissa Tapanes Llahues Rey Melendi Aaron Stolear Carii Koshal BERCQW RADELL ZZ FERNANDE7 LARKIN WANES 200 S. Biscayne Boulevard Suite 300. Miami, FL 33131 305.377.6227 oiricc 305.377.6222 fax -Submitted into the public record for itern(s) PZ,4 on P3 IO 2022, Cit Y Clerk March 9, 2022 VIA HAND DELIVERY Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 RE: 888 Brickell Avenue: Rapid Transit Metromover Sub- m1apanesCalbzoninylawmrn Dear Mr. Noriega: This law firm represents 888 Brickell Owner LLC, the contract purchaser of 888 Brickell Avenue ("Property") within the City of Miami (the "City"). 888 Brickell Owner LLC respectfully requests an exemption from the City`s Ordinance 9385. Property. The Property is located on the north side of SE 10 Street, just east of Brickell Avenue/US-1. See Figure 1. Property Aerial, below. The Property is a half block away from the Tenth Street Metromover Station, just to the west. The Property is approximately 22,558 square feet (0.51 acres) in size and is currently improved with an office building. The existing office building was constructed in 1972. Figure 1. Property Aerial Submitted into the public record for item(s) PZA on 03 IO 2072, City Clerk Mr. Arthur Noriega City Manager Page 2 Although the Property is within the municipal boundaries of the City, Miami -Dade County (the "County") holds planning, zoning, and permitting jurisdiction through County Ordinance 22-25' and Section 33C-15 of the County's Code of Ordinances ("County Code") related to Rapid Transit Zone development within the Metromover Station Subzone. Site Plan App oval. Consistent with Section 33C-15 of the County Code, 888 Brickell Owner LLC has applied for approval of a General Site Plan Approval for the Property. The General Plan for the Property is identified by County Process No. Z2022000044. Submission requirements include architectural, landscape, and civil plans. The preparation of the submission materials requires a significant investment in terms of time and capital on the part of the applicant. The City's Ordinance 9385, approved at first reading on February 24, 2022, adds language to the City's Zoning Code that indicates that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, 888 Brickell Owner LLC has relied on Ordinance 22-25 and Section 33C-15 of the County Code and expended significant funds related to the redevelopment of the Property consistent with those regulations. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v. City&Hollywood, 329 So.2d 10 (Fla.1976); Salkolsky v, City of Coral Gables, 151 So.2d 433 (Fla.1963). Request. 888 Brickell Owner LLC respectfully requests an exemption from Ordinance 9385 that makes clear that the Project may proceed under the applicable County Rapid Transit Zone regulations. ' Ordinance 22-25 was adopted by the Miami -Dade County Board of Commissioners ("BCC") on March 1, 2022. Notice of the proposed ordinance was provided to the City in November 2021, and the ordinance was approved by the BCC at First Reading on December 1, 2022. i34FwYY Raaell ferriandez Larkin $. Tapenes i 3a5.V"r 5227 direct 1 305.377.6222 rax I rnlapai,es@*tzan[nq$aw cam Submitted into the public record for item(s) R .4 on 03 10 2022, City Cterk Mr. Arthur Noriega City Manager Page 3 We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures Cc: Michael Stern Serena Rakhlin Carli Koshal -• rccw Frdd ll Fe;'ranpe7 Laurin & Taparies 1305 377 6227 direct I M 377 .$M W ! law {•: ` F3ERCOW RAQFLL iI \ FERNANDF-' {' 14 LARKIN 7APANFS CM'i'/MLN1AL iAW P.16144? dmA arianll } i - L E I I wvrw3;r_an1n"Mw.cam March 9, 2022 VIA HAND DELIVERY Submitted into the public record for items) Pz.4 on 23 7A 2Q22 City Clerk Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 1305-1315, 1367, NE 1 Court— Miami -Dade County Public Schools and 11 1370 NE 2n`�._ LLC Application For DevelopmentJlll.ii flip in RTZ Metromover Subzone_ Dear Mr. Noriega: This law firm represents 1370 NE 2nd, LLC in securing approvals for the mixed -use development at 1302-1324, 1370 NE 2 Avenue and 1305-1315, 1367 NE 1 Court in the City of Miami (the "Property"). As you may know, the proposed development plan for the Property includes a new headquarters for Miami - Dade County Public Schools, parking serving the Adrienne Arsht Center for the Performing Arts, and private Commercial and residential space. The proposed project (the "Project") will replace the School Board's poorly designed and aging headquarters -- finally providing School Board staff, School Board members, and the County's families with a state-of-the-art building. Garage parking will be available in the building to serve patrons of the Arsht Center. The Property. The Property is located at the northwest corner of NE 13 Street and NE 2 Avenue and is currently developed with open parking lots. To the east of the Property is the Adrienne Arsht Center far the Performing Arts. To the south of the Property is County -owned land that is slated for redevelopment as public space as part of the 1-395 "Signature Bridge" plan. To Submitted into the public record for itern(s) PZA on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager - Page 2 the north of the Property is the existing Miami -Dade County Public Schools office complex. Although the Property is within the municipal boundaries of the City, Miami -Dade CQUnty (the "County") holds planning, zoning, and permittingjurisdiction through County Section 33C-15 of the County`s Code of Ordinances related to Rapid Transit Zone development within the Metromover Station Subzone. The Property was added to the Metromover subzone in March 2021. Project Description. The Applicant is working with Miami -Dade County Public Schools, the Miami -Dade County Performing Arts Center, and the Miami Parking Authority on an innovative redevelopment for the Property. The Project contemplates a mixed -use building incorporating the foilowing: 1. Ground floor commercial uses and additional office space. 2. A relocated Miami -Dade County Public Schools headquarter complex. 3. Mufti -family residential development with associated amenities. 4. Parking resource serving the Arsht Center. Development Approvals. Consistent with Section 33C-15 of the County Code, 1370 NE 2nd, LLC has commenced the process for the necessary approvals for the Project (County Application Z2021000348). The programming and design of the Project and preparation of the submission materials have required a significant investment in terms of time and capital on the part of 1370 NE 2nd, LLC, Miami -Dade County Public Schools, and the City's Parking Authority, The City's proposed Ordinance 9385, approved at first reading on February 24, 2022, would add language to the City's Zoning Code providing that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." Without an exemption to the application of Ordinance 9385 for the Project, the carefully developed plans to create a new home for Miami -Dade County Public Schools and a much -needed parking resource for the Arsht Center are at risk. 1370 NE 216, LLC has relied on Section 33C-15 of the County Code in expending significant funds related to the redevelopment of the Property consistent with those -'r! .7,rr f,., -rI,•II r,•rtriri;i•, L;ifkIn q Tiipo.iei I an14 3i7 522e dikutt 19U5.377.62 2 kf* I IIpr_fitcdIIJ-a,ninglO► _-VI, Submitted into the public record for item{sj PZ.4 on 23 14 242Z, City Clerk Mr. Arthur Noriega City Manager Page 3 regulations. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v City of Hollywood, 329 So.2d 10 (Fla.1976); 5alkolsky City of Coral Gables, 151 So.2d 433 (FIa,1963). Request. 1370 NE 2n', LLC respectfully requests an exemption from Ordinance 9385 that makes clear that the Project may proceed under the applicable County Rapid Transit Zone regulations. As noted above, the City's failure to exempt the Project could result in the loss of a new headquarters for Miami -Dade County Public Schools and a parking resource for the Arsht Center. We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please d❑ not hesitate to phone my direct line at (305) 377-6229. C7 ery truly i aham Cc. Russell Galbut �-- Melissa Tapanes, Esq. Buit:cow R-idL l Fvm,%I1JL-I Lki hrr h T.ipll re: i 305.377.6229 dur_•i:t 1 30%'.'.71.+i"'�r 1.,K S]ptairrttl+Inacii��nr� �rw.•:3i� BERCDW w RADELL N FERNANDU LARFKIN TAPANES 1 246 S. Biscayne Sou#evam _vile 300 Viemi. rL 431 iS kvwW .b'TQninC law -co m M5,3 i 7 6Z27 OTtw:u �ns.,r7 6222 13Y iaDaaipsVbgn,sinq'iaw rcrr Submitted into the public record for item(5) PI.4 On 93 10 2022, City Clerk March 8, 2022 VIA HAND DELIVERY Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 RE: Request for Exemption to Ordinance 9385 (PZ.4 CC 3/10/22) 1 Southside Park: Rapid Transit Brickell Station Sub -Zone Dear Mr. Noriega: This law firm represents 191 SW 12 Owner LLC ("191 Owner"), the contract purchaser of 11OS-1133 SW 2 Avenue, and owner of 191 SW 12 Street and 145 -165 SW 12 Street within the City of Miami (the "City"). Together, with 140-142 SW 11 Street ("Southside Park"), these parcels comprise the entirety of Block 85 South of the "Map of Miami" subdivision plat, recorded at Plat Book B, Page 41 of the Official Records of Miami Dade County, Florida (°Block 85"). In April 2020, 191 Owner and the City entered into a Public Benefits Agreement related to the redevelopment of Fire Station No. 4, development of a mixed -use project, and improvements to Southside Park. See Exhibit A, Public Benefits Agreement. The purpose of this correspondence is to respectfully request that exemption language be added to the proposed draft of Ordinance 9385 to make clear that projects that have followed the currently applicable County RTZ regulations and submitted site plan approval applications prior to the enactment of Ordinance 9385, like 1 Southside Park, are exempt from the proposed legislation. Property. Block 85 is located between SW 2 Avenue and SW 1 Court, between SW 11 and 12 Streets. The total area of the assemblage is approximately 3.39 acres. Surrounding Block 85 to the north, south, and west are multifamily residential uses, as well as a Florida Power and Light substation. The Brickell Metrorail Station, the Brickell Metro -Mover station, and the Brickell Submitted into the public record for item(s) PZA on 03/10/20 , City Clerk Mr. Arthur Noriega City Manager Page 2 Backyard portion of the Underline linear park are adjacent to the east side of Block 85. City -County Interlocal Agreement. In August 2018, the City and Miami -Dade County (the "County") entered into an Interlocal Agreement related to the Brickell Metrorail Station and expansion of the County's Rapid Transit Zone ("Interlocal Agreement"). See Exhibit B, Interlocal Agreement. The text of the Interlocal Agreement notes that the City, by Resolution No. 78-453 urged the County to provide for joint private and public development opportunities in convenient proximity to rapid transit stations and urged cooperation between the two governmental entities. Further the agreement notes that the integration of development on Block 85 with County transit facilities is of County -wide and regional importance. The Interlocal Agreement is executed by both the City and the County and specifically contemplates the expansion of the County's Rapid Transit Zone (`RTZ"} to include Block 85. Consistent with the concepts described in the Interlocal Agreement, the County adopted Ordinance No. 18-66 that expanded the County's Rapid Transit Zone (the "RTZ") to create the Brickell Station Subzone. The Brickell Station Subzone of the RTZ encompasses the entire block between SW 1 1 Street on the north, SW 12 Street on the south, SW 2 Avenue on the west, and SW 1 Avenue (and the Metrorail) on the east. See Exhibit C, County Ordinance No. 18-66. For ciarity, the County's RTZ currently includes the entirety of Block 85. in the spirit of mutual cooperation articulated in the Interlocal Agreement, the Brickell Station Subzone requires City participation at each stage of site plan review and approval, and provides for additional deference to the City's review positions. Public Benefits Agreement. On February 24, 2020 the City Commission approved the Public Benefit Agreement with 191 Owner and the agreement was executed by the City on April 13, 2020. The 2020 Public Benefit Agreement provides a number Public Benefits to the City: + Construction of new state-of-the-art Fire Station No. 4 for the City • Cash contribution for new Fire Station equipment • Construction and contribution of parking spaces to Miami Parking Authority • Public Benefit Contributions for Additional Development Rights (TDRs) Improvements to Southside Park and Metrorail landscaping • Improvements to SW 2nd Avenue and SW 12 Street public streetscapes an Arts, Culture and Entertainment Contribution • Payment to the City of a Capital Transaction Fee • Local Workforce Hiring ■ Increase to Tax Base • increases in Development Fees Paid 6ercow Radell Femanaer LarXin & Iananes I "AO: 3; i 6227 dared 130 -V7 6222lax i mtananegFa+brzoninalaw.co?r. Submitted into the public record for item(s) P2.4 on 03 1V2Q22, City Clerk Mr. Arthur Noriega City Manager Page 3 The 2020 Public Benefit Agreement also included conceptual plans for both the private property as well as Southside Park to demonstrate the vision and intent for these spaces. It is important to note that the Public Benefits Agreement references the Interlocal Agreement and confirms that the County's RTZ regulations as codified in Chapter 33C of the County Code are the regulations which apply to Block 85. Specifically, Section 8 of the Public Benefits Agreement notes that 'Jt]he parties acknowledge that Block 85 is located within the Miami -Dade County Rapid Transit Zone, specifically the Brickell Station Subzone, and the City has agreed, for purposes and in the context of this Agreement, to grant the County exclusive land use, zoning, alcohol beverage law, and building permit authority with respect to the Project in accordance with the terms and conditions of the Interlocal Agreement and the Development Regulations." See Interlocal Agreement, page 6. The Interlocal Agreement defines "Development Regulations" as Chapter 33C of the County's Code of Ordinances. See Interlocal Agreement, page 2. Site Plan Approval. Consistent with the Interlocal Agreement, the Public Benefits Agreement, and the Brickell Station Subzone Regulations (Section 33C-10) of the County Code 191 Owner and the City applied for approval of a General Plan for Block 85. The General Plan for Block 85 was approved via County Process No. Z2020000109. Following the process in Section 33C-10 of the County Code, details associated with the mixed -use tower, including Fire Station No. 4, were approved by the County via Administrative Site Plan Review Process No. Z2021000001. Details associated with the improvements to Southside Park have been submitted to the County and are under review, and are identified via Administrative Site Plan Review Process No. Z2021000130. Reliance. 191 Owner has complied with the obligations delineated in the Public Benefits Agreement and is moving forward in good faith. However, the City's Ordinance 9385, approved at first reading on February 24, 2022, includes provisions which run contrary to the terms of both the Interlocal Agreement and the Public Benefits Agreement, Ordinance 9385 adds language to the City's Zoning Code that requires "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, as previously noted, both the Interlocal Agreement and the Public Benefit Agreement, approved and executed by the City, confirm that the County's regulations apply in full. 191 Owner has relied on the Interlocal Agreement and 6e,cow Radek Ferriancez UpkFn $ Tapanes 1305 377 6227 direct 1 305 377 6222 fax i mtapanes{dibrzgningiaw.s.;u1n Submitted into the public f record for items) PZ �4 on Q3 Mr. Arthur Noriega TO ZpZZ City Clerk City Manager Page 4 the Public Benefits Agreement and expended significant funds related to the redevelopment of Block 85 consistent with the terms of these documents.' Request. In consideration of the Good Faith provisions of Section 43 ofthe Public Benefit Agreement, 191 Owner respectfully request that exemption language be added to the proposed draft of Ordinance 9385 to make clear that projects that have followed the currently aooficable Countv RTZ regulations and submitted site plan approval applications prior to the enactment of Ordinance 9385, like 1 Southside Park, are exempt from the proposed legislation. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures Cc: Michael stern Serena Rakhlin Carl' Koshal Victoria Mendez, City Attorney Todd Hannon, City Clerk Commissioner Joe Carollo ' It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel Will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollynvood Beach Hotel Co. v. City of Hollywood, 329 5o.2d 1 ❑ (Fla.1976); Salkolsky v City of Coral Gables 151 5o.2d 433 (Fia.1963). Rrrrrnni R n0ed I F:Frn9res-, i :. r.lTi t TArstnog!•M5377 R-721 alto 1 I An IS 237 87= rai i rn i A rhA n Lse Of2&niniluw altr Submitted into the public record for items) PZ.4 on 03/10/2022. City ClerkV EXHIBIT A CFNd 20200244820 BOOK 31909 PAGE 847 DATE.04/2212020 03:1Z50 PM HARVEY RUVIN, CLERK OF COURT MtA-QADE C7Y PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 THIS PUBLIC BENEFIT AGREEMENT ("Aareentent" ) is made this [ 131 day or �R 1 L— , 2020, between 191 SW 12 Owncr LLC, a DelawareIimited liability company authorized to transact business in Florida ('Developer•'], Tend the City oFMiami, Florida. a municipal corporation and a political suhdivision of the State nl' Florida (the "Ci"') (Developer and the City are together referred in as the "Parties"), wi TNESSETH 1 11JEREAS, the City is the mv;ncrof property located at 1105, 1115. 1131. and 1 133 -S 2 Avenue in Miami -Dade County, Florida, identified by the N iani-❑ad Cfllln„-_n AppraiSei• (the " ro erty Appraiser") by Folic Nos. 01-4138-051-0400. 01-1138-051-0410, 01-4138-451- 0390, 01-4138-051-0420, and legally described in Exhibit "A" {collectively. the "Existing Fire Station Parcel"} on which the City currently operates City aF Miami Fire Staton Tin. 4 (tile -Existing Fire Station"): and, WHEREAS. the Developer is the contract purchaser of the property located at 191 SW 12 Street in Mianti-Dade County, Florida_ identified by the Property Appraiser by Folio No. 01-4138- 051-0430 (the "191 SW 12 Street Parcel"1, and le�qlaily tescribed in Exhibit " ' and NVIIEREAS, the Developer is the beneficial owner orthe lot l SW 12 Street Parcel and will Own tilt 191 SW 12 Street Parcel f6llclvving site plan approval fiir the Project and prior to the cnmatlencement ofconWuction: and WHEREAS. Pursuant to City tit' Miami Resolution tits. R-1 7-0 330 adopted by the City 01 )Miami Commission lthe "City Commission"), a trice and correct copy ofwhich is attached hereto as Exhibit C and by this reference made a part hereof the City and Sourhside Place LLC, a Florida limited liability company ("Origitiai Develget r") entered into that certain Public Benefit Agreement Regarding Conslruct ion of the New Fire Station No. 4 dated as of February 16, 018 (the "20IS Public Benefits Agreement'): and WHEREAS, pursuant to tite 2018 Public Benetits Agreement (lie OriginaI Developer agreed to cons tmct the New Fire Station (as he ccinalter deiined) and, upon completion, to convey the New Fire Station to the City Cur no compensation, for the creation oFseparate flit, and 0rigin31 Developer parcels: and NV-HEREAS, by executing this Agreement subject expressly to prior review and approval by the City Conunission. the 2018 Public Benefits Agreement will at sueh time he nu1.1 and void and of no further effect as it will be concurrently replaced and superseded by this Agreement: and WHEREAS, Developer may also elect to acquire all of the right, title and interest or CS BrickelI LI.C. a Delaware limited I iability company. in one or snore contraets for the purchase or the properties located at 145 SW 13 Street. l55 SW 12 Street, and 165 SW 12 Street in Mianii-Dade County- Florida, identified by the Property Appraiser a• Folio Nos. 0 1 -0208-050-1022, 01-0208- 050-1011, and 01-0208-050-1020, as more patYicularly described in Exhibit D attached hereto and by this reference made a pai t hereof (.Collertivcly, the "13'h Streel. Parcels '): and Submitted into the public record for item(s) pZ.4 on gI Ip 202Z, City Clerk CFN: 20200244820 BOOK 31909 PAGE 848 WHEREAS, the Developer will promptly ru'llish to the City Manager and the Director of r1)e Department of Rea Estate and Asset Manage inenr (-0REAMi ) executed copirs ot'purchase and sale agreements for any of these properties fur whicIs it enters into agreements to purchase; and WHEREAS, DCV010per intends to Cause the 191 SW 12 Street Parcel and the Existing Fire Station Parcel (c011c etively, the -TroIcct Site "I anti, ifacquired by Developcv. the 12dk Street Parcels (collectively, the -Expanded Pro'cct Site"; and the Project Site or Fxpaaded Project Site. as applicable. the -Block 85 Assemblage) to be developed as pail of a mixed use developrrtew in stibsLan Iial accordance with the i'roject Plans (as hereinafter defined); and WHEREAS, the City owns die First Miami High School, a CiIN, -des ignated lustoric resource located t Wt (the "First Miami High Schoof-1, as well a, park land located at 140 SW 1 I Street identified by the- Property Appraiser as 01-0208-050- 101 o (the " Southsidc Park" ); aad WHEREAS, puisuam to (i) that certain City of Mianti Resolution No. R-h 13- 18 adopted b% the City Commission on July 13, 2017, a true and correct capy of which is attached hereto as Exhibit E and by this reference made a part hereof, and (ii) that certain Resolution No. 18.66 of the Board of County C'ot imissiotters of'Miami-Dade County (the "Couny!'-) adopted on June 5, 201 R. a true and correct copy of which is attached hereto as Exhibit F and by Utis reference made a part her coL the City and the County authorized the execution of that certain Interlocal Agreement. dated as of .August 2, 2018, a true and cntrect copy cif w1tic11 is attached hereto as Exhibit G and by this reference made a pan hereol'(tlte "Interlocal Aj�reernent"): and WHEREAS, pun;uant to the Interloc:al Agreement. the County's Rapid Transit .Lone (the 'R"I'L) was expanded to include. the Brickell Station Subaono (the "Brickell Station Subzoae"). wluch includes all of the property Iying situate in Nliarni-Dade County fumting parr of Block 85 South Of the N4 AMI HEV-MTS SUBDIVISION. according to the Plat thereof as recorded in Plat Book 5, Pagr 29 of the Public Recoixls of Miami -Dade County, Florida ("Block 85"); and WHEREAS, pursuantto the Interlocal Agreement and Chapter33C of the County', Code of Ord inances (collectively, the -D evelop rnent Re ulations"). as amended, subsequent to the 2018 Public Benefits Agweetnent, the County nuw has exclusive jurisdiction over Block 85 with respect to land use and zoning maners: and WHEREAS. the Brickell Station Subzone is included within a Dawntown Regional Metropolitan Urban Center on the County's Comprehiunsive Development Master Plan ("CDONIP"] Future Land Use Mall (••FI_LIM"); and WHEREAS_ Block 85 is currently underutilized in terms of development rights in that a consists of a park, vacant and underdeveloped lots. and an aging fire station; and WHEREAS, in recent years the Brickell area has become known lior its swecping cityscape, world class architecture. dense population and growing urban environment; and WHEREAS, the Exist -au Fire Station is no longer adequate to meet the needs of its surnrunding community within the City; and Submitted into the public record for item(s) Pi.4 on 0311012022, City Clerk CFN. 20200244620 BOOK 31909 PAGE 849 1N'HFRF..AJS, The Existing Fite Station aril the orhw• Current uses Within Block 85 are inconsistent with the goals and vision of the City and County to provide for joint private and public development opportunities, including essential public amenities, retail seta ices, employment centers, housing and institutional attractions in convenient prrxirnity to rapid transit stations, all as more particularly described in the Interincal Agreement; and WHEREAS. the City has identified a need forthe creation Ora new turn -key, approximately 31,708 square rot, world clacsl first class, state of the ari fire station, with an additional One Hundred Thousand Dolhn's (S100,000) al)owance (part of the Additional NFS Cash Contiibu(ion (as hereinafter defined)) fin FFF (e.g,- ktchen equipment. but will exclude fire- fight ino cquipmenI) with a mezzanine level and a new workout area (the -'New Fire Statlnn") that shall permit the larger rein lure -rescue trucks the City will be obtaining, which New _Fire _StxtiOn_shall by constructed far the exclusive me and benefit of the City's Fire Department and in compliance with the Devclopnw-m Regulations, Florida Building Cade, the National Fire and Protection Agency. and any and all other laves, rules, or regulations appiicable to the terms urthis Agreement ("A beagle Lav's"); and WHEREAS, consistent with the goals of the Interincal Agreement and the Devviopmenl Regulations, the City and Developer have entered into this Agreement for- fnuposes of providing for the rcdevelopment of 13iock 95 with a new, state of the art high density, mixed use. transit -oriented urban development providing much nceded retail uses and amenities for the Brie ke115tation Subzonc .and surrttunciing urban areas fcolle�;tively. the "Pr_ viect"); and NN14ERE AS, subjcct 1,1 the Tenn and conditions Of this Agreement, Developer has agreed to (i) construct the New Fire Station at its expense at an eslimated cost anticipated to be not less than EiRhI Million DoIiars (S8.000,00[)) and (ii) niakz a Two Million and Two Hundred Thousand Dollars 62.200.000) clash contribution Lo be implemented by the City as an additional public benefits corujirution (the "Additional NFS Cash Contribution-'), which Additional NSF- Cash Contribution is anticipated to be expanded as follows: (a) one trillion and one hundred thousand dollars ($1,100.000) of which it is anticipated shall be ulloeatcd fir the phase one (1) ladder truck, one (1) engine truck, two (2) tire -rescue trucks, and two (f) Ford trucks ut connection with the op(tratiun orthe New Fire Station, N One Million Dollars (S1,000.000.00) of wliich it is anticipated shall be allocated to other Fire Department -related expenses; and (c) One Hundred Thousand Dolinns (S 100.000) of which it is anticipated shall be allocated to the purchase of lurnishina. fixtures and equipment ("FFE") fate the New Fire Station. and WHEIREAS, as a condiIion nr the approval of the Project, Developer has agreed that the Project will include thirty five Q5) designated park inaspa ces conveyed to the City in Fee simple and available for exclusive use by the City in cc) nnee tion with the operat;on oftlrc New Fire Station and ninety (90) }larking spaces available to °Miami Parking Authority, at nO cast, for park use (the' NVS Parking Spaces"); and WHEREAS. in order to provide for a development orsufficient scale and with sufficient amenities to satisfy the requirements oFthe Interincal Agreeincm, the City has agreed to transfer certain deve] opincnt density rights associated with the First Miami High School and Southside Park (collectively. Ilse "City _ PrePcrti") to The 131ock 85 Assemhlagc in exc.hangve for the TDR Payment (as bereinarter defined). and Submitted into the public record for item(s) Pz.4 on 03 IH 2Q22 City Clerk CFN 20200244820 BOOK 31909 PAGE 850 WHEREAS. upon completion of the construction of the Now Fire Station and conveyanee ofilie New Fire Station Parcel (as hereinaftcrdefined l to the City, the CiEy shall convey the Existing Fire Station Parcel to Developer or its designee in fee: simple: and WHEREAS, the conveyance of the Existing mire Station parcel to Developer. or Dcveloper s designee. in corinection with the construction of the New Fire Station is excmpt I'mm the competitive bidding process and other recluirernents because the Existing Fie SLation ftre-el is being conveyed to implement projects of ti governmental agency or instrumentality: and NNrHEREAS, the construction of the Project will create certain recurring fiscal benefits fvr the City's tax base as well as much needed temporary and permaocnt jobs and housing: and WHEREAS, the City and Developer wish To provide, For the authoriz:ttiort for the construciion of the Protect in accordance with the requirements of SccEion 33C-11) o f Elie Mianii- Datle County Code of 0rdinatices {the "Co ttn(v Code" ) and the CDMP: and WHEREAS. the execution and delivery of this Agreement on the terns and condiiiom set tordi below has been authorized by sill requisite action of the mernber:s and'or managers of Dc~vclopei-. NOW THEREFORE. in consideration of the mutual eoveriants contained herein, it is hereby understood and agreed-. Section i. recitals: Cousideration. The recitals and findings contained in the Preamble or Whereas Clauses tar this Section are adopted by reference and incorporated as if fully set forth in this Scciion. The Parties hereby ounce that the consideration send o b I igations recited and ptnti ided for under this Agreement constitute substantial benefits to both Paries and thus adequate consideration for this Agreement, seclutn L Rules of Legal Construction. For all puiposes of this A_,recmrni, unless othcm,isc expressly provided: (a) A defined temi has the meaning assigned to a. (b) Words in the singular im�Iade the plural. and words in plural include the singular; (ei A pronoun in one gender includes and applies io other genders as wt:l1: (d) The terms "hereunder", "herein", "hereof•. "hereto' and sual) siinitar terms shall refer io the instant Agreement in its entirety and not to individual smdous w article's. (e) The Parties hereto agree that this Agreement shai l not be inure strictly construed against tither the City or Developer, as all parties are drafters of this Agreement: and (1) Tlie recitals are there and co rect and are incatliorated into and made a part of this Agreement, The attached exhibits ~hall be deemed adopted and incorporated into the Aa-Memesit, provided however, that this Agreement shall be deeined to control in the event of a conflict bet%Areen the anachnlents and this Asreenient. Submitted into the public record for items) pZ.4 on Q3 10 2Q22 City Clerk CFN 20200244820 800K 31909 PAGE 851 5ectiun 3. Definitions. Capital fired terms shall have the meaning as set forth in this Agreement. "County" means Miami -Dade County. u political subdivision ❑)the State of l lodda. "Development Permits " includes any, building pernvit, zoning pernlit. subdivision approval, rezoning, certification, special exception. variance. or any other official action of loca190 zrnmertt having the effect of pertniitin; the development of land. "Final Site Plan Approval" shall mean the final )non -appealable) appro-val of site plans 1bI, the Block 85 Assemblage, substantially in eom1)1iance with the Prajec:t Plans and the Development )regulations. "NFS and Park Improvement Activities" means Developer's construction of the New Fire Station and the improvements to Southside Park pursuant Section 1 ?(I} hereof' "TC0" shall :Wean a Tentporary CeniFcate of (.)ccupancy issued by the Miami -Dade County Deparime nI of Re�_uIatnty and Economic Rmurces 1)epartrnent. Section 4. Purposes- The Parties have entered into this Agreement for purposes of sating forth their agreenients with respect to. (a) the terms and conditions of the agarcements between the City and Developer with respect to [lie construe tio a 0fthe New Fire Station and the N F S Parking Spaces for the City anal the excliangc nl'tlie Existing Fire Station Parcel far the view Fire Station- (b) Ole release of the New Fire Station Parcel from the operation and effect of any ground lease rind any mortgages pkwed upon the privately owned Block 85 Assemblage in connection with the construction of the Project. (c) the casements. covenants. conditions aM restrictions wluch will goy ern the Project which shall be provided For in the Shared Facilities Agreement, (d) certain additional public benctits to he provided by Developor to the City, ineluding without limitation, the payment of the Additional NFS Cash Contribution and agrccmcnt5 to undeliake usher construction obfi,—mtions and exercise commercially reasonable efforts to create additional business and empioyment opp ori uni I ies far residents of the City or Miami anti ll caI businesses involved in the construction industry and (e) the commitments of the City to Developer and the Project, including obligations with respect to the transfer of development density rights assaciared with the City Property and the cooperation ofthe City with Developer in connection with Developer's exceution of its development plait, all inconsideration of the agreements and undertakings of Developer contained in this Agreement. In the event that Developer does not obtain ownership and control al' the 191 SM, 12 Street Parcel within eighteen 118) mci(1ths nI'the effective 1)ate fsu1)ject in all event:; to such exIell sioil of such time as may be required by reason of Force Majeure (as defined below)), this Agreement shall be automatically terminated. Section 5. Affected Property. This Agreement is not intended to affect any property other than the land within Bloxk 95. Section 6. Temn of Agreement, Effective Date and Binding, Effect, Thix Agreement sliali become effective on the slate on which (fie City Manager executes this Agreement with pricer approv'aI from the City Commission t the "Effect€ve Date .) and shall constitute a covenant running with the land that shall be binding upon, and inure to the benetir of. Developer. the City and their Submitted intc) the public record for items) pZ.4 on 11 ].0 ZBZZ City Clerk CFN. 20200244820 80OK 31goo PAGE 852 respective successors, assigns, affiliates and subsidiaries (if any); heirs, legal representatives, and ticrsonaI representatives. This Agrcerneni shall have a terra oi'tliirty (30) years trom the Effective Date ]the "Tertn'l anal shall be recorded in the public records ot'Miami-Dade C'oun(y by Developer and filed with the Cit), Clu•k. The Developer shall Rini ish to the City a certi lard copy of the regarded Agreement within twenty ('fit] ) days of it being recorded. The Tern of this Agreement may only be amerttted or r'eletised by the written agreenient or the Parties, provided dim if the Project, or any portion thereof. is submitted to condominium ownership pursuant to the Florida Condotruniuni Act. Chapter 718. Florida Statutes (2019), then the condominium associationw in which the owners of condominium units shall be inertibers shall be die proper party or pwlies to exceutc any such amendment or release %With respect to any portion of the project submitted to condominium ownership. Any arendment or release roust be in a fonn rcasonably acceptable to the City and g contained in this Section G,in Lire event that the Projcct or any portion thereof is submitted to a condominium forin of ownership, rite City shall lie responsible sotely fOr payment or die C'ir}, Operating Expenses t.as defined licreinj and the City shall have net obitgrtation to pay anv a5sessnaetri5 or contribute any casts other than the City Operating Expenses. Section 7. Site Plan. The Project Site shall be developed substantially in compliance with plans, including, spccilically, conceptual plans prepared by SHOP Architects PC. attached hereto as Exhibit H. The Coregoinu plans shall be collectively referred to in this A Bement as the "Prti'e�t1s" and are described in delail by plans on file with the City Clerk and are deemed to he rncorponued by reference. "Substantialty in twntuliance," for purposes of this Agreement, shall be determined by the County Planning and Zoning Director, or desigmce. in accordance with Section 33-310.1.A. I of the County Code. Section 8. ZoninaPermitted De►Ao meat Uses and Building Intensities. The parties acknowledL,e that Block 85 is lucaled within the Mianii-Dade County Rapid Transit Zone. sptr-^cif icalIy the Brieke ll Station Subxone. and the City has agreed. t'ar purposes and in the conte.xi ofthis Agreement. ti: rant the County excIusivc land use, zoning, alcohol bcverage laNv, and huiIdin_ pentlitting authority with respect to the Project in accordance with the terms and conditions of the tnierlocal Agreement and the Dev'elopmctit Regulations. Accordingly, Developer shall be permitted to ccrostruet up to 500 multil'arnily residential units, per acre of land. Without limiting thr generality nlIII e roregoing, by virtue or i(4 execution of the ImerIocal Agmernent, the City has determined, to the best cif its present knowledge, information and belief, that the uses. intensities. and densities ell' decetopment permitted by the Development Re ulations are Consistent with the City's Climler. Comprehensive Plan, and Zoning Ordinance. Section 9. Futu re Deve] onmey t, t'uLure dcvclop niem uCtlie BIoLL k 83 Asst:mbIugc shall he permitted subject only to conipIian4e with the mquiremen Is o,Fthie Development Regluiations. The criteria to be used by the County is detenninina whether Future development shall Ira approved shall he consistency with the C'DMP, this Abnxnient and the Development Regulations, and the COMP. this Aat'eetnent, and the Development RtVLuIations slim il govern dcvelopnient of the Project for the duration of this Agreement. Any modifications to the ProjeoL Plans or this Agreement ~hall be approved in accordance with the DeN eIopinent Regulations. The Ciry shall support and cooperate with Developer in see Uri ng develOpment apprn%al5 from the County pursuant to Section 33C-11) a the County Codc to effectuate the leans oft liis Agreement and the tr:tnsl'eILofdevelopmctiit donsity dirougi a Covenant in Lieu ol'Gnily of Title. ��CRRyr'L. R� Submitted into the public record for ltem(s) PZ.4 on 2�2)22, City Clerk C+7�►)ik�IrY�IrIiP�i[sY�Irl=I+1+7:[ti�Irkl l [+3��3�R3 Section 10. Construction of New Fire Station Parcel and Mixed -Use Project, and E►rharige of Prorwrties. The provisionsof this Seetion 10 shall go em the obligations of the Parties ID umneetiUn with, the construction of the New Fire Station and the exchange of the Existing Fire Station Parcel for the Nees Fire Station Pare IL (a) Construction nr New Fire Station and Parking Garage. (1) Developer shall construct the New Fire Station in accordance with die .approved NI S flans (as hereinafter defined) and, except as otherwise axpressIv provided herein, at ❑cveloper's sole east and expense, esti -hated at approximately Eight MiILiun DOIlars (S8.000,000). NotwiI hstanding anything to the contrary contained herein, the City shall be solely responsible for payrnenI to the Developer of any increases in the costs of construction far the New Fire Station that result from any (A) Pmposed Plan Changes (as hereinafter defined) to the Approved NFS Plans requested by the City, provided that (i) the amount due font the City in connection with any Proi; cosed Plan Changes shall not exceed the total actual costs charged to the Developer by the general coraractor and (ii) the general eon tractor shall not be pennitted to charge greater than market value for such Proposed Plan Changes ori8) other acts or omissions oFt he City as owner, including N ithou l limitation, any delays by the City in its approval of items that require the City's approval as owne1'. (? ) Developer sltall cause final plans and specifications for the New Fire Station to be developed hasecl on the Projee.r Plans. or as otherwise mutually agreed to by the Parties, Tile final plans fur the New Fire Station shall be subject to the City's prior review and approval, such approval not to be unreasonably withheld, conditioned or delayed, 0ncc such final plans leave been approved, the City and Developer shall each execute a certificate con Firming the approval of such final plans t the '-Approved NFS Plans'-). (3) Developer shall make the Additional NFS Cash Contribution. to he implctncated by the City. which Additional NSF- Cash Contribution is anticipated to he expended as follows: (a) One Million and One Hundred Thousand Dollars (S1.100.000) ol-which it is anticipated shall he a]Iocated for the purchase one ( l ) ladder truck. one ( I ) engine Iruek. two L2) fire -rescue trucks, and two (2) Ford trucks in connection with the operation of file New Fire Station; (b) anc Million Dollars ($1 MUM) of which it is wiricipalcd shall be allocated to other Fire Department -related expenses; and (c) One Hundred Thousand Dalian (S100.000) of which it is anticipated shall be allocated to the purchase of fur-nishittg. fixtures anti equipment ("FFF) for the New Fire Station. The City's Fire Department shall have absolute discretion regarding the uirimate allocation of the Additional NFS Cash Contribution. (b) Parkinp, Gara e_ Submitted into the public record for item(s) RZA on g311o12022, City Clerk CFN! 20200244820 80OK 31909 PAGE 854 (l ) The parking garage ibr the Project {thc *-Parking Garage') shall be constructed by Developer al its sale cost and expense in substantial accordance with the Appro-vcd Parking Garage Pions (as here inn fter Cie frncd). The final plans For the NFS Parking Spaces shall be subject to the Ciry's prior review and approval- (?) The Parking, Garage will include one hundred twenty-five �125) parking spaces7 the previously defined and described NFS Parking Spaces_ available For cxclus;ive use by, the City in connection with the operation of the New Fire Station and for park use. i II Dy3loper_ thall_cauw final plans wd ptwlfii:xlians for tire_NE�S_ Parking Spaces to he developed based on the Pi\-iject Plans, or as otherwise mutually agreed Lo by the Parties. The final plants For the NFS parking Spaces shall be subject Lo the CiLy's prior review and approval. such approval not to be unrcasonahly w•it] IieId, conditioned orrdeIayed, pro viding, however, that this will not preclude safety or design comments and/or comments dealing with the Applicable Lanus and Development Regulations, Once such final plans have been approved. the City and Developer shall each execute a certificate cor,rtnningtlie approval orsuch final plans lihc"A p p roved ParltinU Gars ge Plans"], (c) Proposed Changes. Any inaterial changes. modifications, amendments or sttltstitutiony to the Approved NFS Plans or Approved Parking Garage Plans ("PrnPosed Plan Chnnp-es") may be made from time to dine by written mutual agreement of the parries. Without limiting the generality of the foregoing, the City shall not unreasonably withhold, delay or condition its consem LO any ProposLd Plan Changes requested by Developer providinor, however, that tliis will not preclude safety or de.5ign commments and/or comorenIs dcaIing whit the Applicable Laws. NoiA ithsLand ing anything to the contrary contained herein. design changes expressly required for compliance with the DevaIopment regulations and Applicable Laves shall riot require Lire CiLy's approval and Dcv4lop Cr sliall be permitted Lo make such changes lei the extort that they achieve compliance but not beyond that without the City's consent, (d) Cout mencern enI of Construction, No later than the daie chat is eighteen months (18) from the date of Final Site flan Approval, the De%eloper shall vornmenee construction of the Ncw Fire Station and khali complete construction of• the New Fire Station within thirty-six (36) months of commeneement ol'eonstruction, subject only' Let Force iviajeure. as further clef-ned in Section 441. A TC O to itic iitlxcd-u5c to wet: tc ,Iudili'g' di%` I'urkitig Dal agC) slwII Iiot be iNSUCLI I.rr iL1{ 10 dal IbSUHIICV of the: WO For the New Fire Station. Construction shall comply with all Development Regulations and Applicable Laws, rules and regulations required to be complied with as part of [lie process of building permit issuancx_ Upon the issuance of a building permit for the New Fire Station, the City shall no longer have access to the Curren paitikz area located at 1133 SW ? Avenue idontitied by County Folich No. 0I-4138-051-0 420 Car the Existing Fire Station. The Developer shall provide at its own cost and expense 176r rieurby alternative Lernporary parking for the Existing Fire Station until dcIiv cry of the New Fire Station and the NFS Parkin, Spaces. (e) Tent orary Suagging and Parkin* Areas. During construction, the City sliall make a portion of Southside Park. as City determines in its sole but reaso table discretion, available For Icmpnrar Submitted into the public record far item(s) PI-4 on 9 1 20U, City Clerk CFN. 20200244820 BOOK 31909 PAGE 855 parking and staging for construction activities associated with the Project as a whole. At any time durin, which Developer requires access and use of Southsidc Park and there are no on -going N F S and Park Improvement Aciivities being perfonned by Developer. such access and use of Southside Park for parkin_ and staging shall (a) he subject to a payment of Ten Thousand Dollars (S 10.000) per month and (b) not exceed eighteen (19) months unless Developer is diligently constructing, the Projcci in good FaiIIt, in which case such use shall not exceed fort~° -two (42) months uotless athcnvise agreed to. in w itin& by the City :Manager. This includes providing- (i) alternate parking s}races far City employees of the Existing Fire Station. (ii) parking. for contractors, subcontractors and their employees, anti (iii) space for staging and storage of construction materials and equipment. NotwiLhstandirig the foregoing. the calculation of the eiglhteen (18) months described 'above shall be Lolled anti the S 10.000 per mon[ih paymetit shall not he required duiing any period in which NFS and Park Improvement Acm ities are on -going. Develnperagreeslnnreserve anei n-i nrii9n p_u}hlic srccesc to, and use of both the playground and the grounds surrounding the First Miami High Sehool portions of Soudtside Park throughout the duration of the construction of the Project: provided. Ihov<'ever. that Developer shall have the right to close such portions of Southside Park as may he nt..vessary to facilitate construction of the Project andlor the unprovcmcnts ILI Southsidc Park pursuant to Section 12(0 hereof. The temporary staging and parking areas shall be retained until the completion of the Project, and Developer shall not be required to terminate its use orthe same until a reasonable [iine has passed floIIowinc the: isauance of such TC0 or TC'(Ds as Wray be required fur the occupancy of the entire Projesct, The Developer shall maintain the temporary parking and staging area in a safe and clean condi[ion during the use specified herein and ~hall further he responsible to restore and return Southside Park to a condition that is better than or equal to the original condition prior to Developer's use.. (f) bleat Fire Station PermittinE Fees. The Dev eloper shall be responsibie fur pay tile at or any and all municipal or gov'erruncntal fees from any jurisdiction having authority. including but no; I i m i i e d to City. County. State and Federal, relateei to any permits, certi[icrktions, dcvt:lrip anent orders. inspections and approvals required ror the devclopment of the New Fire Station, including but not limited to r"s for buiIdin+ pentniis, puhlic works approvals. zoning approvais. Cenificmes or Use. Ceililicates of Occupancy, Departmem of Environmental Resource Managemeou approvals and X,liami-Dade County Water anti Seaver Department approvals and agreements to provide water and sewer service:. The Developer shall also be responsible for all other permitting, inuaicipal or governmental fees relateei to constius-tion of the interior finishes and interior build -nut and occupancy oFthe New Fire Station. The foregoing fees shall not he included in the Developer's cost to construci the New Fire Station and the NFS Parking Spaces, (g) Water and Sewer Counectiun Charges and Utilities. The Dcveloper at its sale cost and expense shall (a) pay all water and sewer connection charges and (h) pru4ide and construct all wxte and sewer infrastiucturc required to support the Project- (h) Rights of Access and Inspection. Developer shun have the right err enter upon and inspect the Exist6w fire Station Parcel and otherwise conduct such tests and investigations as Developer deems accmary in connection with the development or the Existing Fire Station Parcel. The foregoinu shall include. without limitation, water and soil sampling and other environmental inspections. obtaining surveys and geotechnical testing. The City shall grant to the Devcloper a general access easement to enter upon the Existing Fire Station Parcel in order io construct the New Fire Station. The Developer shall hav e the right to review and inspect title to the Existing Fir-, Station Parcel in order to determine its statuti, submitted into the public record for items) PZ.4 on D3 1p 1422, City Clerk CFN: 20200244820 BOOK 31909 PAGE 856 ti) Delive.ry of New fire Station. Developer shall cause possession of the New Fire Station to be delivered, and title to the New Fire Station Parcel to be eomveved. to the Citv, on or before the date that is not less than [luny (30) days and not more than ninety (90) [lays after the substantial completion ofthe Ncu, Fire Station [the ` Outside NFS Closin.2Ihtte'"}, Title to the New Fire Station Parcel shall lie conveyed by Developer to the City by Special Warranty Deed, subject only to easements. covenants, conditions and resu•ictimis of record that (a) are common to the Block 85 Assemblage, lbj do not contain any right of rcvcrrcr. rights of rev eIxion. or otherwise render tittle to the Neic Fire, Station Parcel uttinsunable or urunarkcctahle and (e) shall riot interfere with the construction or quiet enjovinent (following the completion ofconstruction of tite Project) or operation of the Ne►v 1•ire Station. In that regard. the Parties acknowledge and agree that the "New Fire Statian Parcel" shall constitute a vertical suhdivision of land u Bich includes the New Fire Station. 0 k Conveyance of Ev6stin_ Fire Station to Developer. The City shall convey the Existing Fire Station Parcel, and deliver possession thereof: to Developer or Developer's designee s imul tancou s I y with [lie Conveyance Of title to the Nnv Fire Station Parcel, and the delivery of possession thereof, from Developer to the City. Except for those restrictions otherwiw specified iu this Agreement and the Interlocal Agreement, as applicable title to tine Existing Firc Station Parcel shall be conveyed by the City to Developer by Spccial Warranty Deed, sulijteI only to easements. cnvenants, conditions and restrictions of record thin (a) arc comm.oln to the Bled[ 85 Assemblage, (b) do not render title to the Existing Fire Station Parcel uninsurabto or unmarketable and (c) shall not intaftre with fliv construction of the Project as contemplated by the Projet:t PMills- sky Closir;gL Frorations and Adlust�ients, an the date til'the closing of the exchange trf the \ew Fire Station Parcel for the E\Js.irtg Fire Station Pare cl and the City, ace eptanee of the NeNv Fire 5ta(ion (the -C'losin2 Dale"p_ (i) Developer shall rake a payment to C ity iit an amount equal sir the Additional NFS Cash Contribution and tii) closing expenses shall be allocate[) bcttreen the Parties and such additional prorations and sdjustments shall In made between the Parities in aM1rdance with local custon (1) Shared Facilities Agreement. Developer shall subject. or cause Developer's designee to subject, title to thv Block 85 Assemblage to a Shared Facilities Aorocnieni that will govern die rights and responsibilities of the Palsies vis-a-vis one another as [he owricn of properties within The Block 95 (the "Shared Facilities kgreeme_n_I'), At the [ime of closing. the City shall execute Fury and all such additional documents as may be rerluired in order to subject the Existing Fire Station Parcel to The Shared Facilities Agreement, subject I the i-easol]able review and ap1)IVva] of the City Manager and City Anorney. (rn) Iadvirmity. The Developer shall inctenutiry, deii:nd (at its uns ii crust Dead expense). dent hold harmless the City and its departincnts, agencies. instrumentalities, officials and employees (collectively refi!r7'ed in as "lndeniuitees"), and each of them from and against all loss, cost& penalties, fines. damages. claims, expenses (including reasonable attorneys' fcefi) or liabilities (col IcctiveIv refanvd to as "Liabilities"'1 by reason of any injury to or deatIt cif any person or darnage 1n or destRic Iion or loss of anY pror01•ty arising out of, resulting from. sir in connection iviIll ( i) the negligent performance or non-performance of the goods, design, labor, construction, materials, equipment. supplies services, or any perf'urmance or non-perftirrnance as conternplateti by thi4 ,Agreement (whether active or passive) of the Dcvclaper or its employees. contractors or subcontractors. consultants or other autliorized agents and representatives of tine Developer (4trllee, i�ely t'ef'vrrett t(s as lire "lndernnitor Parties") or which is caused. in whale or in pail. by any In �pc�urvr CFN. 20200244820 BOOK 31909 PAGE 857 Submitted into the public record for item(s) PZ.4 on P03 10 2022 City Clerk act. omission, delaull or negligence (whedier active or passive or in strict liability) Of tile lndeninitor Parties. or any of tire»', or (ii) the failure of 111e Developer to comply materially with any of die requirements herein, or the failure of the Developer to conform to Applicable Law& statutes. ordinanecs, or other regulations or requirements of any governmental authority. local, federal or slate, in connection with the performance or approval of this Agreement. or f iiij claims for fees or commissions by any real estate sales persons. brokers or agents. lawyers, architects: landscape arcltiteets, engineers, mappers, surWyors, contractors, subcontractors, laborers. suppliers, material persons, lobbyists or any other person or entity retained or hired by the Developer relative to this Project, or (it-) Third Party Claims and Defenses under See Iion 36 herein. The Developer expressly agrees to indemnify. defend acid hold haitrtic.5s the Indemaitees. or any ofthetn, from and against aft liabilities winch may be asserted by un_v employee or Conner cnip Ioyee of the Developer, or any of its contractors Or subcu tractors, as provided above, for which the Dcvclaper's liability to such employee or former employee would otherwise be limited to payimcnis under the stale's Workers` Compensation, Occupational Health and Safety Act, or Similar laws, or (v) Third Party Claims as provided in Section 36 of this At, The Developer further agrees to indemnify, defend and I old harmless the Indemnitees froth and against tit any and all Liabilities unposed on account orthe vialaiion of any Applicable Laws. law, ordinance. order. rule. regulation, condition, or r quirein ent, related directly- to the Developer's ncgliLL-ent performance under tfiis Agreement. compliance witli which is required by this Agreement ortlte Dove oper'in deniiiitor, and (ii) any and ail claims, and;otr suits for labor, etluipmeut, supplies, and materials furnished by the Developer or utilized in the pertiirmancc nl'tliis Agreement or 0thenvise. In the event Thal any third -party asserts a claim against the Developer acid or the Indemnitees for wIli ch the Developer is defending the Indemnitees relating to the sen•ives provided. llie Deveioper shall hate tltr right to select its legal counsel for such defense, Subject its the approval of the City. which approval shall not lrG unreasonably withheld. The Developer's obligations to indemnify, defend and hold hannlcss the Indentnitees shall survive the teivination tar expiration of this Agreement. The Developer understands aad agrees that any and all iiabiIities regarding the use rid' any eontract.or or subconlractor For services related Etc this Agreement shall be borne solely by the Developer throughout the durittion of this Agreement and that this provision shall survive the termination of this Agreement. The Developer further understands that its contractors or subcontractors shall prop I d e Ilit. C i I v witli the very same insurance requirements as those the Develnlit:r slial1 provide the City. The City and the Developer are not joint ventures. associates, partners or ai'fiiiates but rather arc each itrdependem and distinct from one another. Any debis, delaults, promises to pay moneys, Or other coniinitin cat s of the Developer rest solely with the Developer and are nut inip utab lc to the City. (n) Insurance. The: Developer shall Cause its general contractor and subcontractors to obtain and maintain in force for the term of this Agreement. adetluate insurance coverage deemed acceptable by the Developer. The City's requirements far insurance are attached as Exhibit I lie reio. Developer shall inainiairi such insurance coverages as are specified on this Exhibit and they will be required as specified throughout the tctm of this Au'eemcm. (o) Cooperation. Notwithstanding any contrary tern or provision contained herein, the: City agree-, to use its reasonable goad faith efforts to cooperate with Developer to implement the provisions of this rlgre:emcnt. including without limitation this Section 10 and Section 12, in the most tax -efficient manner possible in accordance with Applicable Laws. so long as the City's tax 11 r.D:1Hr�, v �tbtmrrr.c� Submitted into the public record for item(s) PZA on 903 I 0212 City Clerk CFN. 20200244820 BOOK 3W09 PAGE 858 revenue in connection therewith is not diminished nr other'n'ise negatively affected. Such cooperation may include (0 restrucrurine legal or benef irial ownership of she Existing Firc Station Parcel, file Nex Fire Station Parcel, or the New Fire Station via a ground lease, land trust, partnership and/or other legal structure as Developer may request mid the City shall consider and shall not uru•easonabiv refuse its approval. (d) executing sueh customary and stundrard documents that may be reascinah,ly requested by a prospective: lendzr rot• purposes of Financing Developer's acquisition of all or any prntion ofthe Block S5 Assemhlage, (lie cortstruc.tion oft}le New Fire Station and the other >7rniect improvements and the payment of any other obligations of Developer to City required by this Agreement, including but not limited to such documents as Developer's lctlder may require for purposes of'subordinating the rights ofthe Parties under this Agreement to a mortgage securing any such financing, provider[ thug in no event Shall any such subordination agreement require the City to ya sfdevelopment _rights .,Gill..h�reli�.,�'�-i`r5--tart@tEl�n�;•H�C�ta' iI 0WUS unless it receives the public belie bts and other consideration provided for in this Agreement, in a maim at- solely decided, or denied, as applicable in the sole and nbsehne discretion of the City Commission. (iii) agreeing to make consistent reporting with respect to the agreed upon characterization cif the corwey'9tice ai the New Fire Station and the New Fire Station Parcel. as well as the conveyance of the Existing Fire Station and (iv) agreeing to modify certain aspects of the transactions contemplated herein to maintain compliance with all applicable talc rules, or iI' pursuant to the reasonable request of Developer, so icing as such cooperative efforts: (I ) do not materially adversely affect in impede she performance of the obligations of the Parties hereunder, f2) do not reduce or diminish the tax revenue or other revenues other -wise due to the City: anti (3 ) are acceptable in rant/ and substance to the City Attorney and City Manager in their reasonable discretion. Section I I. New Fire Station Onerallon. The Parties hereby agree upon the following with respect to the operation of the New Fire Station: (a) En►ironmcntal Remedialion Subject to the limitations. pixwided fior in Section 76$25, Florida Statutes, it is agreed to by Developer and the City that onee and if the presence of any hazardous matcrials or waste on the Cxistine Firc S[ad on Parcel is conlirned and notice is provided to the City of such, the City and/or Developer shall pursue rem ediat] on. City further agrees, subject to Applicable Laws and at no cost to the City, to cooperate with Developer in connection vvilll all reasonable requests in connection with sue remetliaLion. if applicable. the City shall use reasonable efforts to serve as a co -applicant and reasonably review and consider the Developer's application to designate all nr a Portion ❑f the Block 85 Assemblage as a brow rttield. Nothing herein shall limit Developer's ability to seek recelvery from City as expressly- permitted pursuant to law prvviditag that the parties understand and agree that this Agreement. including; this Section. does not grant, establish, conl'er or provide the Developer with any rights or remedies not already expressly provided by the laws of the State of Florida. I he City expre,sly reserves sovereign immuntly ,is provided by lrrw (subject to Section 769A, Florida Statutes (2019)), find all other dcrenses, immunities, claims, actions and privileges as are provided by law. (b) Occupanr►. Upon receipt of-1he TCO and the City',.; acceptance of the New Tire Station, the City shall be permrudd to take possession orthe New Fire Station, pursuant to the terms ofand corid itions of Sections 10(i) and I ri(_j ). Lc) Nuisatnce. Consistent with the requirements ol•Section 315.271. Florida Statutes. the New f ire Station's set -vice vehicle sirens, whistles and hells "shall not be used except when the vehicle is �rperutcd in response to an emergency call, in which event the driver of the vehicle shall sound the I? S vr�' ca:�q'rr C U � PERM+ � Submitted into the public record for item(s) FZ.4 on q7 1Q 2i722, City Clerk CFN: 24200244B20 BOOK 31909 PAGE 859 siren- whistle. or bell when reasonably necessary to warn pedestrians and other drivers of the approach thcreuf" if the blew Fite: Station's sere ice vehicles are not responding to an einetiency call or warning pedestrians or uthet drivers. then the use of sirens will be prohibited in order to avoid any disturbance and nuisance to residents and neighbors. The City oFMiatn1 Department nl'i--ire- Rescue (the "Eire De p artnicnt") shall adapt and enlitree poIr ties that miniinixe the noise caused by the New Fite: Station and the vehicles used by the New Fire Station. (d) Utilities and Oyera[in% Expenses- Consistent with rite requirementsofthe Shared Facilities Agreement. the: L'ity shall be responsible for payment of expenses directly serving, and solely aiu•ibutablc to the New Fire Station, includinz but not linlited To fit utility expenses such as electricity, cattle, water and sewer service, maintenance costs and other operational expenses. and GO the cast of other servic suel_t as solid waste removal and any costs of shared Facilities within the Project solely allocable to the New Fire Station (collectively. the "City Operating Expenses"J, Developer shall be responsible for installation oC separate meters and:'or connections for elecrrica1, cable. water, and sewer utilities to sc.r•vice the New Fire Station- (e) 'faxes. The Fire Depanntent'y use and ownership of the New Fire Station is solely for the specific. exclusive muni%,ipaI public purpose and essontial public service of prov'id:n1- a Firc-Rescue Station and is not subject to ad valorem taxation. In the cvent the Property Appraiser incotrec.ly assesses ad -valorem taxes against she New Fire Station or the New Fire Station Parcel. Developer will reasonably cooperate with the. City's efforts to ensure that no tares are assessed against the New 1--1ra Station or the New Fire Station Parcel. Do, eloper aad the City shall each be responsible for the payment of any taxes Iirr which its property is assessed after both closings have been cornplcied, each as to Their own respwive: portions of tire Block 85 Assemblage only (the City portion should lie exempt from taxes) and the Shared Facilities Agreement has been entered into by the Pat -tics. Until such time. Developer shall be responsible fbr the payment of any governrnenwl taxes, assessments. charges, impositions and encu i nbran ces assessed against die Ncw Firc StaIioii Parcel, Section 12. Public Benefits. In consideration of the agreements of the City contained herein and, subject to the CiTy's payment and performance or its nbligations Hereunder and the issuance of alI of the required Dtev elL+pment Permits. Developer shall construct the Now Fire: Station and perform the valance; of its obligations under this Agreement. including tine payment of the Additional NITS Cash Cunhibution. in addition, Developer shall comply with the following requimments a$ public benefits to the City. (a) Transfer of Developntent Rights. Developer agrees that it shall make a erne -time payment to the City (the-'TDR Pa►rnent") Which furids the City shall apply for the exclusive and restricted use air prontol}ng anti Cie veloping atTordabIc housirtg and pcu'k pi-QJccis [in+luding laud acquisition) within Disinci 3 in an amount equal to Nine Million Dollars (S9,000.000) (the --TDR Payment Alit ount"1 upon the date as of which (i) the County shall have accepted and recorded the Covenant in Lieu of Unity of Title for Block 85 ON: "Covenant in Lieu") and (ii) the Laity shall have transferred develapment density rights of not less than five hundred (500) residential units and tit) more than nine hundred foity -se ven (947) units from the Ciry Property la ilie Block 85 Ass einhIagc in aceorddnce with the applicable requiretnents. of ilia Development Regulations. The aforeinemioned Covenant in Lieu and transfer of density should occur prior to Final Site Plan Approval and payment of the TDR Payment Amount is due within fifteen { 15) days of the date as tit which the County shall have issued Final Site Plan Approval for the Project. In (he event that the City has exccuILd the Covenant in Lieu and site plan approval for the Project has nazi been achieved 13 Submitted into the public record for item(s) PI.4 on Q3 1Q 2022, City Clerk CFN1 20200244820 BOOK 31909 PAGE 860 by December 31. 2020. the Developer shall tuake a one -tune good faith initial payment of Two Million Dollars (S1,000.U001 Towards the TDR Payment and thereafter only Seven Million Dollars ($7.000,000) shrill be clue at the time of Final Site Plan Approval. The foregoing good Faith deposit May be waived by a majority vote of the fAiami City Conunission. bin only if the District 3 Comniissioner agrees to sponsor and place the request for waiver on the agenda oftlie Miami City Corn inission meetirlQ at which ally such vote is to be taken. Developer I'urtlter agrees ilia the TDR f ayment Amount shall be increased by S13,000 for each additional indiv1du11 residential density unit in excess of 500 residential units transferred From the City Property to the Block 85 Assentbiage by City at Deve Ioper's request.. For example. S 1 i) residential units would require an additional pay ment of S 150,000, (b) Park impi ct Fte Pa s-mi en t Thy! n 51 Dek eloper sha I I pay ihe Citys- Racks and- Recreation Impact Fee, amotmring w FOUr Million One Hundred Thirty -Three Thousand One Hundred Ninety Dollars (54.133.190) or such modified amouns based on the calculation set forth below, but in no event less than Four Mill ion Dol tars ($4,000.040), to the City For the exclusive and restricted use of promoting and developing parts and recreadonai facilities (including land acquisition) throughout District 3 within fifteen (15) days of'the date a% of which the County shall have issued F1nal Site Platt Approval for the Protjcct_ Fier purposes ofthis Agreement, the Parks and Reereation Impact Fee sha11 lie calculated by nitihiplyirnu the number o1'residential. units within the Project Plans by the City's Parks and Recreation impact Fee amount, as published in Section 13-1' of the City's Code of Ordinanccs, as in erect at the time of site plan approval ("Park impact Fee Payment"). 10 Public Senefit Contribution. Developer agrees that ii shall make a one-time payment to the City (--Public Benefit Contributiou") in an amount that when added to the TDR Payment Amount and the Park impact Fee Payment equals Thirteen Million Dollars (S)3.000.000) (the "Public BenelR Ccnrtriburion Amount'j within fifteen (15) days of the slate as of which the Count), shall Iiave issued final Site Pion Approval for the Project, For purposes ot'c.lariFca0oii, in the event that the sum of the TDR Payment and the Purk Impact Fee is greater than or equal to Thirteen Million DoIIars (S13,000,000). then no Public 8enefit Contrbution or Public Contribution Amount shall he payablz pursuant to this section. (d) Arts, Culture and .Entertainment Contribution. Developer agrees that it shall make two contributions to the City of Miami For the exclusive and restricted use of Promoting arls, culture and entertainment throughout District 3, including but not (united to 5outhside Park and general food distribution within the District, each in an amount equal to Two Hundred and Fi fiy Thousand DoIIw-6 ($350,000) ("Arts Culture and Entertainment Contribution"). payable to the Districr 3 Office. The first contribution %hail be du Careen (15) days toIIowiny the Effective Date Li this Agreement. The second contribution shall be due on June 15, 2020. (e) Streetscape Improvements Contribution. Developer shall cithcr 61 contribute Two Hundred Thousand Dollars ($200,000.00) (the "Streetsca a lot iro►einents Contribution Amount'-) to the City upon Developer's application for Development Permits. or (ii) most a surety bund issued by a Florida surely rated AN or better per A.M. Best's Key Rating Guidc, Latest Edition. or an unconditional and irrevocable letter of credit in the amount of'T►S'o Hundred Thousand Dollars S200,000_00f and constt-uct such public streetseape impmvemen(s as specilicd by the City Nisnager Or Public Works Director to S W 2 Avcnuc and S W 12 Strect. ror which the toted cost incurred by Developer {including all soft and hard construction costs and l'eesi shalt dual or exceed llte Sireetscape lmprt►vcmenis Contribution Amount or its otherwise required by the City Code of 14 Submitted into the public record for item(s) PZ4 on PILIP12022, City Clerk Mai",WrPZrIiMERQ11=i0I0I.9 931WI ]9VIelW- I Ordinances. In the event Developer elects to construct the public streetscape improvenicnts pursuant to clause (ii) nl'the preceding sentence. Developer shall work frith the City Lo design and construct such improvements- (1) Southside Park Ion rovements Conn ibution. Developer at its sole discretion, cost and expense shall either Iiy conuihute Three Million oculars (53.000,000.00) Car improvemenis to 5outfiside Park (tile "Southside Park Improvements Contribution Amourtt" 1 to the City upon Developer`s application lilr Development Perinits, or (ie) construct impro4ernenrs estimated at Three NOIion Dollars tS3,000,000) suhsiantialIV in compliance with the concept plans prepared by SIRIP Architects PC, attached hereto as Exhibit 3 ("Southside Park Improvement Plans"), subject to retiiew and approval by the City Manager. the Ci1y's Parks and Reercatian Director. and the District 3 Conunissioner. The City simll-work With die Developer to allocate the Develnnrr's pr = pa Southside Park Improvement; Contribution Amount to develop the Southside Park InhprmerneW Pimis consistent with the intern of the plans. The total cost inC:urt't'.d by Developer (including all soft and hard construction cents and fees) shall equal or exceed the Southside Park [niprov'enients Contribution Amount. In the event. that the total coals and expenses incurred by Developer in completing the 5outliside Park Improvement Plans shall be less than the Southsidc Park linprov'erlients Contribution .Amount. Developer shall make a one-time payment to the City in ilic antounr of the dilierence bs 1'%Veen such total costs and expenses irn.urred and the Soutlhside Park Improvements Contribution Amount for the e►clusA-e and restricted use of promoting and developing attardable housing and parr projects within District 3. (g) Soutliside Park. Southsidc Park shall remain a public park owned by the City and available For use by its residents and visitors. except that the Dcrcloper and the City shall enter into an agreement (o allow ac-uess, tempou-ary parking and construction sLa-ing it) allow for the construction of tile Project (as required pursuant to Section IOle) Herein) and the Southsidc Park Improvement Plans. (11) Developer shall exercise comrercialIv reasonable eITOils to consult and coordinate with t h u City's Careeer5ource South Florida Center located at ilie Lindsey Hopkins TecimicsI Center at 750 NW 20th Street, 41h Floor Miami. Florida 33127. the Youth CorOp, Inc. located at i040 NW 71h Street, Suite 500, Miami, Florida 33126: and state andror County economic developmcnl entities regarding job uaining and job plrueinenr serriccs to the City resident~ seeking employment opportunities with potential employers which will locate or establish businesses within the Noject. Dcvcl(.,rper Hgrccs to use diluent. goad faith efTorrs 10 3ChiCVQ ur tc, cause its gcncrnl cantraetur{s} and subcontractors (ouch, individually, a -Con tractor") to use diligent, stood faith efforts to achieve. as uppl icable. the aspirational goals set Firth in Section t 2t it of this Agreoment. First prefertncc W i I I be given to CiLy residents wwtw have lived wtthin tine City limiLs Lor one or more years. fit Developer shalt eauyc: eac13 C oil tractnr to exercise coIII mcitia]Iy r asonable efforts l❑ cause at least twenty-five percent ofthe ernpinYees for [he Project to be residents of the area comprised. of the 33130, 33128 or 33135 zip codes (the "Immediate Vicinit► '). If. despite commercially reasonable cffirrts. a Contractor shall be unable to procure enough employees from the immediate Vicinity, Developer shall cause sueli Contractor to exercise e.omnlcreiaIIy reasonable efforts to cause at lease twen ty-III ve percent nrthe employees for the Project to be residents of'the Ininiediate ViciaiLy or the area corn by the tivc (5) rip codes with the highest poverty rates in the City {the "City' Targeted Area"). 11, despite commercially reasonable efforts, a Contractor shall be unable to procure elroudh enip Ioycc:s front the [III rt1edi11te Viui11ity and the City Torwetetl Area. Developer shall i7 Submitted into the public record for item(s) RZ.4 on Q3 N ZO2Z City Clerk CFN: 20200244820 BOOK 31909 PAGE B62 cause such Contractor to exercise commercially reasonable efforts to cause at least twenty -live percent of the employees for the Prajeet to be residents of the lmnnedillte Vicinity. the City Targeted Area and any other areas of the City. If. despite commercially reasonable etToas, a Contraaor shall be unable to procure enough employees F•um the lniniodiate Vicinity, the City Targeted area and any other areas of the City. DeN.eloper shall cause such ConteaLLor to exercise coinniercially reasonable efforts to cause at least twenty-S%e percent of'the employees for• the Project to be residents of the lmrnediate Vicinity-. the C ity Targeted Area, any other areas of the City and the area comprised by the lire {5) zip codes Nr'ith the highest POVerty rate in Ilie County f" C'aunty Targeted Arent"). If. despite co nimcrci a 11 y reasonable efriirts, a Contractor shal l he unable to procure enough employees fni+m the Immediate Vicinilv, the City Targeted Area, any tither areas of the City and the County Targeted Area. Developer shall cause such Contractor to exercise commercially reasonable criblu ri;i-iediat" Vicinity, the Cily Targeted Area, airy either areas of Ifie Cily, the Cousin• Tan, cIed Area and any anther area of die County. i . despite commercially reasonable efforts, a Contractor shall be unable to procure enough employees from the hnmediate Vicinity, the City Targeted Area. any other areas of the City, the County Targeted Area and any other areas nr the County (cnlleeLi'or ely. cite " Hirinn Preference Zones"), such Contractor slnalI be perniitted to Hire such workers rtom outside the Hiring Preference Zones as such Contractor shall them appropriaie in the exercise of its sole discretion. 0) Developer shall taunt; each Contractor to exercise commercially reasonable ef€'orts to electronically post joh apportunilies in established job outreach websitts and organi-zations. including, without limitation, Youth Co -Op, lnc.. South Florida Workforce, Florida Department of Econoin ic Opportunity Career Source of South Florida Iocated i i i M ianii, their successors or assigns. and similar programs in order to artract as many eligible minority applicants for such jobs as poNsi hie. 0 in con nccIion tt•ith the «ork pzrtornned by Developer to construct the Project pursuant to this Agreement. Developer shall cause the Contractor to pay a minimum hourly wage rate of twelve dollars and eighty-three cents lS 12.S31 if hcahh henef-as are not provided to employees and eleven dollars and fifty-eight cents (511.58) ifheaIth benefits are provided to cinpioyees. Co"ricticiny' Jill uar v ist, 2022 and liir the duration of the Project t"CPI EscaIatioon Yea r'1, the ftrregoin- hourly rates shall be inareascd on January I st of the applicable calendar year by an amount equal to the percentage increase during the calendar year mrniediatel-y prior to the CP1 Escalation Year in the Consumer price vndc'N t"Index "1, which is tine monthly index published by the Bureau of Labor Statistics of the United States Depanlment of Labor as the C on: umer Price index liar All Items, Miami -Ft. Lauderdale. Florida, Base Year 1997-944 100. The Index adjustment to the minimtun hourly wage rates shall hereinafter he rcfen•ed to as the "CPI Escalation The CP1 Escalation of the minimum hourly wage rates for the CPI Escalations Year shall be equal to the minimum hourly wage naLes in elfee L for the caIend ar year irrunediateIy preceding thy; CPI Escalation Year multiplied by the CPI Percentage (as defined below). The -'CPI Percentage" shall equal the fractioit (i) whose nuinerator equals the monthly Index published immediately prior to the Cf'I Escalation Year (or the nearest reported previous month) and (ii) whose denominator is the same morithly Index published immediately prior to the calendar year that preceded the CPI Escalation Year (or the nearest repoiled previous month). If' the index is discontinued with no successor hider, the City shall sell a commercially rcasonable Comparable index. The Index adjustnent set forth herein shall not result in a reduction oI'thc respcctit e minimum hourly wage rules. R Submitted into the public record for item(s) PZA on qI lU 2oZ2 City Clerk CFH: 20200244820 t300K 31909 PAGE 863 (b] DQ elcsper shall exercise commercially reasonable elibris to require CaCh Contractor to include the same minimum hourly wage Tales in any contracts entered into by such Contractor with its subcontractors for the Project who will stipulaic anti agree that they will pay the same minimum hourly vwarge races, sobjcct to adjustment. as set forth iri this section. fnty Developer shall exercise cornmercially reasonable efforts to provide ten (10) fitll-page weekly adl'eLiisenients in the Dirario do las AweiIce i.s newspaper or another ite %vspaper of general circulation agreed to by the Parties to inform residents o€ job opportututies and ,iob Fairs prier to co1list uctioil commencement. This sltali he in addition to advertisements done through otlier job outreaCh vvebsites, organizations. and etibrts. Dcvelopershall exercise conunercially reasonable eKOM to comply with the fulloWl11g: (1 ) Seven and one half pet -cent (7.5`') of the total contract a nount(s) for professional sera ices agreell mu; For soR costs including. but not limited to. design, engineering, survey, inspection, testing. and likep], shall he awarded to f inns ccriitied by the County as Community Business Enterprise ("CBE"). Community Small Business Enterprise {"CS13E"], and Small Business - Enterprise (" 5SE) tiros at the time each contract is signed; and (2) 'fen percent (10%) nI the total cunta'act aniountgsi IN' ecmtracts For construction and c0nstrurtion- related materials. sup pIics and fixtures shall be awarded to firms certified by the County as CBE. C 5BE, anci SBE firms at the time the comrait is sienui. {oj No later than sixty (60) days prior 10 issuance of n Developmeni Perniit for the constrjctiorn of vertical improvements for the Project, Developer will designate a Eon whoa shall be CBE. C S B E and SBE certified to monitor Developer's compliance with Sections 121(n)(1) and t21 of this Agreerricn i. (.pl Capital Transaction Fee. (1 ) Upon the Final Capital Event. Developer shall pay to the City the Final Capital Transaction Fee. t2) Until such tune as the Final Capital Event occurs, Developer shall pay to the City a Capital Event Fee in connection ■with each Capital Event. Each Capiuil Event Fee that Developer pays to the Cily snail serve as a credit toward the: Final Capital Transaction Fee, required pursuant to Section 12(p)tl j above. upon the occurrence of the Final CapiLaI Event, 0) f-he City reserves the right to examine the Developer's books and records in connexion with dctcrnaining any Capital Event Fee and the Final Capital Transact inn Fee. The Developer additionally agrees to the ap p i i c a bi I i ry 0i the audit. inspection and resolution or contract dispute provisions set Rrrt11 in Sections 18-101, 18-102, and IS-105 of the City Co& as amended winch are deemed as supplemental provisions to this Section and as being incorporated by reference herein. 17 Submitted into the public record for items) PZ.4 on 03/10/2022, City Clerk CM 20200244820 BOOK 31909 PAGE 864 (4) The City'S right to the Final Capita] Transaction Fee shall survive from the Effective Date until paid as to the entire Private DeVclopment, A cc"'enanI or either deed resirietion shall he recorded against the Project Site (or Expanded Project Site.. as applicable) by Developer to memorialize the terms of this Section. and shall only be released at such time that the Final Capital Event has occurred_ and the Final CapiIni Transaction Fee has been paid to the City. (i) As used Herein, the rullowing ternis shall have the following tneatungs- a. "A p p I ica b I e Cross Sale Amount" shall it the portion cif the Gross Sale Amount atuibutable solely to the value of Applicable Portion. b. "applicable Loan Proceeds" shall mean the portion of the Loan Proceeds attributable solely to the Value oFthe AppIieable Portion. e. "Applicable Percentage" shall mm: (a) one percent (1 %) if the Final Capital Event occurs within five (5) years of the Effective Date; (b) oil Anti one halfpercent (1.5V-ro) if the Final Capital Event occurs within years six (6) through ten (10) followiag the Effective DxLe; (c1 two percent ('_'.D %) irthe Fugal Capital Event occurs wiithin years eleven ( 1 I ) through Fifteen (15) fbtlowing the: Effective Date, or (d) three perccnz (3.00°•') if h te Final Capital Event occurs at any palm after year lifieen (15). d. "Apolicable Portion" shall mean the percentage of floor area ot'the Private Dct clopmunt that were associated with the Existing Fire Station Parcel prior to the E(lecti4e Date and acquired by Developer upon the conveyance of the Existing Fite Station Parcel. Based on a total Iloor area of 3,262.500 square feet, the Applicable Portion shall he 49.43% of the Appiicab Ic Loan Proceeds or Applicable Grass Sale. Amount. c, "Capital Event" shall cretin each refinancing of the entire Private Development (excluding any construction loans), t: n"Capital Event Fee" sh4il mean a fee, if any, equal to one p..ent (N) of (i) the Applicable Loan Proceeds less (ii) the Public Benefits Colttribufions. g. "final Capital Event" shall ocean the first Transfer foltow- a the Effective Date. h. "Final Capital Transaction Fee' shall mean a lec, if arty, equal to The Applicable Percentage of the (i) Applicable Gross Sale Amount (ii) less the PubI is Benefits Contributions. i. "Gross Sale Amount" shall mean the gross sale proceeds actually t'ec`eived by the Developer upon the consummation of any Transfer. The Developer shall furnish to the City a copy of a financial staternem, a closing statement, a Transfer document. or other similar documentation i.tt CORnectinn therewith as shall reasonably demunstrate the Gross Sale Amount. IN Submitted into the public record for itern(s) PZA on 03/10/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 865 j. "Loan Proceeds" shall mean the net proceeds available to the Developer ftorn any refinancing after deilic6on of (i) ali third party costs and expenses incurred by the Developer in connection with the refinancing transaction, including,. with0UL limitation. all #fees, casts and expenses imposer! by the Developer's lender and any Ming agencies, as well as title and su -vey costs. escrow fees appraisal costs. consultant costs and anonteys' liras and costs and [ii] all amounts required to repay then -existing debt being refinanced. The Developer shall furnish to the City a copy of a closiq statement or other similar documentation in connection therewith and shall reasonably demonstrate the amount of the Loan Proceeds. k. ` Private Devel9p ntent" shaft mean the private Waxed -use inwer and remaining pi - iv ate development ofthe Project as show n in the conceptual plans prepared by SlicW Architects PC, included as. Exhibit H. The Private Development shall not include the New Fire Station, NFS Parking Spaces, or SoLrtlrsidC Park. 1. 'Public Benefits Contribution" shall mean the stun of amounts actually received by lie City pursuant to and;or in connection with the tenets Ltl`this Agreement (including but 1101 limited W the Pubic Benefit Cuntriblltiort Amount. Arts, Culture and Entertainment Contribution, Streciscape Intprtwermint Cantr ibntlon, and Soutltside Park lmprovemenis Contribution]. M. "Transfer" shall mean the sale, assranment. or transfer of the entire PI ivate De ve I op in en I. to any person other than a Petrrtitted Assignee, Section 13. Construction of encroachments within the Public R12ht-of %Vay. To the extent ut Corth in the Project Plans, the C iLy hereby agrees to eXpCditiOL1S1V sign off on all permits to permit encruacltments within Lie public right-of-way as owner of the City -owned property that are (lie public rights-ol-way and Southside Park, including but not lirmted to Public Work's permit,,. Notwithstandiag the rrou rements of Section ]5-14(cI of the Code of the City oFMinmi, Florida, as amender] (ihc "C'ity C'ndt:'), the City agrees to waive any and ail claims to payment of user fee in connection with the construction of such encroachments within the public rights of --way, Further, this Agreement shall Satisfy the requirements of Section 57-14(d) of the City- Code. inconsideration for authorizing the consirtm ion of the aforementioned encroachments. Developer further covenants to: (a) Provide an insurance policy, in an amount determined by the City's Risk Manager, naming the City a,, additional insured to public IiAiIiLy end propcny damage. The insurance shall re lain in effect ror as long as the ertL roachinent(s) exist abo\,e the City-owtied 1)roperly. SItouid Developer fail to COntinuously providc the insurance coverave- the City shall have the right to suture a sirvilar insurance pol iq in its Warne and place a special assessment lien against the Developers abutting private property 1'nr the total cost oftlie premium. (h l DL.n-eloper shut I Iivld hannIess and indemnify the City, the State ttl' Florida, as applicable. and their mspertive oflicials and employees front any ciailns for damage or loss to property and injury (a r� CCUry�' u Submitted into the public record for items) H-A on 03 JO 2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 666 to persons of any nature whatsoever arising out of the use, construction, and development o! the Project and from and against any claims which rnav arise out of the gr=annoy of permission for the encroachment_~ nr any activity pertin-nied under the ternts of this Agreement. Section 14. Signag , The Project wi11 be required to comply with all applicable Federal, Slate. and County signage rules, laws, orders, regulations, statutes. ar ordinances. Permitted signagc will accomplish the following goals: (i) moving pedestrians and vehicle traffic around Blink 85 safely and efficiently: (ii) promoling safe and efficient pedestrian traffic .,within Block 85. and (iii) prtaperly identifying the Project. The Signage program will include, but is not limited to, titc following sign types, some or all of which may incorporate LCD. LED, or similar electronic technology if approved and legally itulherized: (i) directional signage: (ii) ground signa¢e; (iii) wall ;;cage: fivl monument sip nage; and-Cvllou_e_r_signage. The Signage program shall app� to signrge visible from public rights -of -way but shall not apply to signasie internal iu the Project or not otherwisc visible from the public right-of-way. Signage shall comply vvidi Applicable Laws and related permitting. Section I i. Parkin . Developer intends to establish a uniforni valet system to set -ice the Project. iNatwit list and ing the limitations set RkrIh in Sections 35-305 of the City Code, a maximtan of three (3) valet permits may be issued for the operation or a valet [narking rarnp on the same side of the block where the permit applicant is the operator of the undornt valet syslent. Robotic parking within enclosed parking structures shall alsn he permitted. Section 16. Alcoholic Beverage Sales. Alcoholic beverage snIcs shall be pennitted anywhere within the Project, except for Southside Park_ in accordance with any applicable require vents in Chapter 33C of'the County Code, and any other Applicable Laws. Section 17. Env'irontneataI- The Cite hinds that the Proj eel will Milfer a significant net improvement upon the publicly =txs,ible nYe canopy in the area_ The City and Developer agree: that Developer wiII comply with the intent anti requirements oi'Chapter 24 of the County Cade by pre fbrming tree replacement within the Bneke] I Station Subzon where necessary. Section 18. Release of Existing Agreements. This Agreement repiaces and supersedes the 2018 Public Benetiis Agreement. Section 19. Entire Agreement_ This Agreement sets loath the entire Agreernetn and Linderstandin,, between the Parties with respect to the subject matter contained herein and merges all prior discussions between Developer and the City. Section 20. Cunt 131iance with FirelLife Safety Lavvs The Project shall be- constructed in accordance with the rcquire penis of all Applicable Laws. ordinances and regulations. including Without limitation life safety codes. Section 21. Impact Fees. Developer shall be obligated to pay such impact fees in conneeiion wish the e:onstmctIon of the Project (ether than the New Fire Station) as may be required by the Chaptcr 13 of they City Code as in effect sus of EtTeefrv•e Date- However. special prnrisiuna related to the pitymell t 0f'tlie Park Impact Fee are de:.tie•ibed in Sete:tion 12(b1. This _agreement doe;. not address any County Imyaaat Fees.. as applicable 20 Submitted into the public record for items) Pz,4 on 03 lU 20z2, City Clerk CM 20200244820 BOOK 31909 PAGE 867 Section 22. Necessity of Complying with Regulations Relative to DeFelo nient Permits. 'fhe Pariie5 agree that the failure of this Agreement to address a particular permit. condition, fee, term license or restriction in effect on the Effee i%-c Date shall not relick'c the Developer of the necessity of rornpl. 1 with the regulation ens cminu said pu-mitting requirements, conditions, Fees. terms, licenses, or resinetions. If state or federal laws are enacted after the execution of this Agreement that are applicable to and preclude the: Patties' conhpliance: with the terms of this Agreement. this Agreement shall be modificd or revoked as is necessary to accomplish the Spirit uithis A-rcernent and comply with the relcvant state or federal laws. Section 23TCooperation and Time is of the Essence. The Parties agree to cooperate %Yn h each other to the fullest extent practica5le pursuant to t e terns aNJ conditions of this Agreement. Thy Panics agree [hat time is of the essence in all asp ccts of ilie ir respective and mutual responsibilities pursuant to this Agreement. The Parties agree to cooperate to achieve consinsciion ct7ficiency during construction of the Project, including but 110t Iimiled to, coordination wiIli respect to access, surveys, borings, etn•irorinhenial compliance, and permitting,. The City agrees to use its best efforts to preNern interference with construction of flee Project. including temporarily limiting the occupancy of the New Fire Station while construction of the Project is ongoing. The City shall designate a point of contact within the City to assist Developer iit achieving its devei❑pnuent anti construction milestones. Section 24. Notice. All notices, demands and ruquwts which may or are required to be given thereunder shall, except as otherwise expressly provided, be in writing and delivered b) personal service or sent by United States Registered or Cartilied 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 shai} be deemed given when rcceived. Anv actions required to he taken Ihcreondcr which fall on Saturday, Sunday. of United States legal holidays shall be deemed to be performed timely when taken on the succeeding clay therealler which shall not be a Saturday. Sunday or legal holiday. To the City: City Manager, City of Miami 3501) Pan American Drive Miami. FL 33133 With a copy io: City Attorney, City of Miami Ann! Victoria Mendez, City Artorncy Mtamt Ktverside Center 444 S.IN. tad Ave., 91" Flour Miami, FL 33130 City oi' Miami Dept. of Real Estate and Assct Management Attention, Daniel RotenberL-, Director :lit SW 2" `t Avenue. T4 Floor Miami. FL. 3 3 13 0 To Developer: 191 SW 12 Owner LLC 21 Submitted into the public record for item(s) pz.4 on 03 ZQ 2822, City Clerk c,n JDS t7evelopment Group Arm; Michael Stem 104 5ah Ave. 9th Floor blew York, NY 10011 CFH- 20200244820 BOOK 31909 PAGE 868 Witlt a copy to- Bercow Radell Fernandez Larkin & Tapaues. PLLC Attn: Melissa Tapaues Llahues. Esq. .QUO S. Biscayne Boulevard, Suite 81-0 Miami, FL 33131 Kusnwitr Benson Torres LLP Attn: Albert Delgado. Esq. Miami. FL 33131 Any party to this Agr'eemcnt may change its notification address(es) by providing written noel lic:ation to the ether Party pursuant to the semis and conditions of this s,-vtion, Section 25, Nlulti >'le Ownership. In the event of multiple otvticrship subsequent to the approval of this Agreement, each of the subsequent owners. moriga-ces and other successors in interesr in and to the Block 85 Assemblage (or any portion thereof including condominium unit owners) shall be bound by the terms and provisinns of this Agreement as covenants rhot run with the Black 85 Assemblage. Section 16. Common Area NLaintenaace. A maintenance and indemnilication C-04'enant to run with du land, in a foim approved by the City Attorney, shall be required 116r any non-standard improvements and puhlic amenities located within the public rights -of -way. Said Covenant shall identify a single {person Or single entity as (lie responsible party for all such non-standard improvements and public amenities located in the public right-of-wav included in site: Brickell Station 5ubzone. Developer will create prior to the conveyance of any portion of the Block 85 Assemblage, an association or other entity %vhich shall provide for the maintenance oI all cominon areas, private roadways, cross -case rnerits and other amenities common to the Block 85 Assemhlaac; provided that this requirentcat shall not apply to any conveywice oFthe entire BI(-wk 85 Ass ern blage. This Agreement shall not preclude the okvncrtsj of any portion of the Block 85 Assemblage From maintaining their own buildings or corninon areas not common to the Block 55 Asseinbiagc outside the control of the association. The instrument creating the association or other entity shall be subject to the reasonable approval of the City Attorney - Section 27. Enforcement. 'rhe City, its successor, or assigms, and Developer, its successors or assigns, sltall have the right to enforce the provisions of this Agreement. Enforcement shall 11e by action at law or in equity against any pail ir;s or perv)ns violating or attempting to violate ant' Env en ants. either to restrain violation or to recover damages or both. Each party shalt bear their own respective Attorney's fees. Section 28. Exclusive Venue Choice of LawSpecific Performance. It is mutually 1.111ders100d and agreed by the Parties that this Agmetnent shall be governed by the. laws of the State elf Florida, and any applicable federal law, both as to interpretation and perliarmunce• and that any action at law, suit in equity or judicial proce-clings for the enforcement of this Agreement or any 22 Submitted into the public record for item(s) PZ.4 On p 1Q 2Q22. City Clerk CFN 20200244820 BOCK 31909 PAGE 869 Provision hereof shall be instituted only iti the courts of the State of Florida nr federal courts and venue ror any such actions shall exclusively in a court raf competent jurisdiction in Mianti-Dade County. in Addition to aiiv other legal rinhts, the City and Dev'eloper shall each have die right to specific performance of this Agreement in court. Each party shall bear its own stiorney's fees in connection with any litigation, mediation or arbitration arising Out ol'tftis Agreerent. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or incolivetlient venue. 'Moreover, the panics consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiwian. Tile Parties irrevocably WjiLre any lighE5 to tt JW.V trial. SertiOn A 10111nta1'1 Coin Pliance. Tire Panics agree chat ill the event all or any pan of this Agreement is struck dove n by judicial proceed itngs or preempted by Iegislative action the Pait' ;. to Mims and wriclitions of t is Agres:tncnl It, [lie extent allowed by law: provided that i}•the iiii, a I i d a I i on of such terms anti conditions would have a in atert a I ad4else effect oil the Parries and.'or Parties' ability to perform its obligations under this Agreement, as dctcnnitied in the Paints' reasonable discretion, then the adversely af%ctcd Patty ,hall have the right ick terminate this Agivemeni upon sixty (60) calendar days prior vtritten ratio c it) the ether PfirE>,. Section 30. Events of Default. I a) DeVeJOPct' shall he in default under this A_rrcernenl if Developer fails to perform or breaches Any terni, covenant. or condition L,f ibis Agreement which is not cured within thirty (30) clays after rec:eipL of k riuen notice fi-ont tale City speci Ij inc the nature of such breach; provided. however, that Wsuch breach cannot t'4asonably he cored vvi0tin thirty (30) days, then Developer shall not be in default if it contniences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to compleiinn. (.M Lhe C i t v shall he in default under this Agreement if the City fails to perlarni or breaches a n v term. covenant, or condiLitin oFthis Agreement and such failure is not cured within thirty (30) days abet receipt of written notice from Developer specifying the nature tit' such breach, provided, however, ilia iI'such breach cannot rcasanabIy be cured within thirty (30) days, rile City shall lint be in default it' it commcitc.es to cure such breach within said lhiri3 t30i day period and diligently prosecutes such cure to completion, provideti. however. such additional cure period shall in no event exceed an additional sixty t60) days. (c) tt shall be a default under this Agreement if eirher party is declared bankmpt by a court of competent j Uri sdictiott. Section 31. Remedies L1nan Default. Upon the accunence of a default by a party to this Agrectnent not cured within the applicable grace period, De-veloper and the City agree that either party Peaty tcrinin.Ete this Agreement prior to the issuattcr nPthe Final Site Pian rlppitival or may seek specific performance of this Agreement, and that seek ins either teirnination or specific Periatmance shall not waive any ri��ht of such pat t} to also seek monetary damages. injunctive relief. or a n v other relief. Section 32. dbli rations Survivina Termination Hereof. Notwithstanding any contrary tenn or provision contained heroin, in the event of any lawful termination of this Agreement. the lbl)oming obiigations shall survive such lenninaiion and continue in full foree and effect until the 23 Q�•tip GOIJryry 2,�c�T3 c3 v+ `Zk�ryTV. Submitted into the public record for item(s) PZA on 03/1012OZz, City Clerk CFN 20200244820 BOOK 31909 PAGE 870 expiration of a one (1 ) year term following The earlier of the effective date of such termination or lire expiration of the 'Perm. (i) the exclusive venue and choice of law provisions contained herein. (ii ) rights of either Party arising during or anributsble to the period prior to expiration or earlier temtination of this Agreement, and (iii) any other tenn or pro-ision herein which expressly indicates either that it surtiVcs the termination or expiration hereof or is or may be applicable or effective beyond the expiration or perntltted early terZnination hereof. Section 33. No Oral Change or Termination. This Agrceincnt and the exhibits and appendices attached hereto and incorporated herein by reference, if any, constitute the entire Agreement between the Patties N,ith respeci to the subject matter hereof_ Phis Agreemenf. supersedes any prior agreements or understandings Between the Parties with respect to the subject matter hereof, and no change, modification. or discharge licreaf in whole or itt__pari_shaII be effective unless such change, modification or disclIll q,e is in writing and signed by the Parry again-st whom enfore emeni of the change, modification or dischatgge is sought. This Agreement cannot be changed or terminated orally. V Section 34. Lack of A eno- Relationship. Nothing contained herein shall be construccl as establishing an agency relationship between the City and Developer and neither Developer nor its enipinyees. agents. contractors. subsidiaries_ divisions, affiliates or guests shall be deemed agents. instrumentalities, employees. or contractors of the City for a i i y purpose hereunder, and the City, its OITIcials, contractors, agents, and employees shall not be deemed contractors, agents. or eril-piityees orf Developer or its subsidiaries. diV15i(1115 or affiliates. Section 35, Successorfs),Assigns, and Designees. This Agreement shall be binding upon and inure to tlic benefit of the Parties, their successors and!or assigns, Dan,eloper inay not assign any of its obligations hereunder to any person or entity other than a Pcmitted Assignm (as hereinafter defined) without the prior written approval of the City Manager. in its reasonable discretion. provided that Such approval shall not be unreasonably withheld, conditioned or deirlyed. Developer may assign its rights and obIiQaIions under this Agrecnient to a Pcrmitted Assignee. Far purposes hereof. the ict'tn "Pernrit_ted Assignee ' shall mean i i 1 an afrtliate of Developer, and -or (ii) any entity controlled by Developer_ Nothing* contained Herein shall be deemed to be a dedication, convelance or grant to the public in general nor to any persons or entities except ns expressly set forth herein. Section 36. Third Party Derense. 'File Developer shall, at its own cost and expense, vigorously defend any claims, suits or deniands brought against tltr: Developer and!or the City by third parties challenging the AgreemenI or the Projcct, or objecting to any aspect thereof: including. without limitation, (i I s conslsrency cliallonge pursuant to 3ccliull 1 G3.3' 1.5, Florida $taurtes (2019). (4) a petition for writ of certiorari. (iii ) an action for declaratory judgment. or (iv) any claims for loss, damage, liahiliiy, tir expense (including reasonable attorneys fees). The City and Developer shall promptly give the other written notice of anysuch action, including those that are pending or threatened, and all responses, filings, and pleadings with respect thereto. This shall be arnong the Developers duties to inilemniCy, ]told harmless and defend the C'sty tinder SccIion Im) of ]lie Agreeinent although the Ciry will cooperate with the DcvcIoper in assisting the Des�e[up er urith tltc DeveIoper's delense clf'sueh elaiins on the City's be] Ialf 14 Submitted into the public record for item(s) PZA on 03110/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 871 Section 37. No Third -Par l3enefciar No pe»nns o!• entities tether titan ❑eveinper, the City, their heirs, permitted successors And OsSI-9m. shall have any rights itihafsoevff under this Agreement. Section 38. Recording. This Agreement shall be recorded in the Public Records of Miaiiii-Dade County. Honda at Developer's expense. A copy ol'the retarded Agreement shall be provided to the City' Clerk and the City Atiorney within tw:o (2) weeks of'recordinw, Section 39. Representations-. Representatives. Each Party represents to the other that this Agreement has been duly authorized. delivered. and executed by suuh Party and constitutes the legal, valid. and binding ohiigntion ofsuch Party, enforceable in accordance with its terms. aeet' 49- No Exelutsiic Remedies-ec stun given by any provision in the Agreement shall he deemed exclusive unless expressly so indicated. Wlierever possible_ the remedies granted hereunder upon a default ol'the Usher Party shall be CUM ukstivc and iit addition is A other rrniedies of law or equity arising from such evem of default, except w'liere otherwise expressly provided. Section 41, Counterparts. This Agreement may he executed in two 0or hose cnunteparIs, each of which shall constitute an 0ri9i"aI brit all of wliiclt, ►+hen taken Ioacther. shall constitute one: and the salne nreemeni. Section 42. Estoppel_ The City shall, within thirty- (30) days oI-its receipt of a writre:ti regues] from Developer•. pros id Developer with a wrilie ❑ estoppel cortiiiCate duly exccufed stnIing (a) to the best of die City's k-now Iedge, whether DevelopCr is isl det:iuII cif t'inlation oi'this Agreenhcnt and seitllie forth FvrIII specificity the default or violation of any)', (b) that this A-rcernent is in full Force anti effect and identi!'aing any amendments to the Agreement as of the date of such ccr•tifica[e; and (c) such other inlilnnation is inay be reasonably rcyuesred by Developer or any prnspee[ive purchaser or tender. Such estoppei certificate shall be cenified to Developer and any prospectivQ purchaser and,'cr lender, as applicable. The City may charge a modest regulatory fee [or processing r f each such request. Section 43. Covenant of Good Faith the Parties afiir[ii, agree and represent that they will employ gwid faith and utilize fair &mhngin the conduct all actions. undermkings and pe6ofinance under this Agrecincni. Section43. Ci ''s Ri tots as 5overeiau. Notwithstanding any language to the eontraiy contained in this Agrecmem, the City retains all of its sovereign prerogatives and right_5 as a municipal eciporation under Ficr•ida laws and shall in no way be estopped Froin mithholding or refusing to issue: any approvals of applications for huilding or zoning; from exercising its planning 0r regulatory duties and authnrify, and From requiring der.elop ement under prescnI or fixture Laws and ❑rdinances or%vhatever nature applicable to the tin ign, constntclion and developincnt of the Project provided For in this Agreement, provided that City's exei65e of its sovereign rights shall be in cnmplianec with Applicable Laws ant] shall not be arhitixry qr Capricious, For the avoidance tit' doubt. this Agreement shall not impose any obligation upon tale City in its regulatory capacity, no; shall any penalty or delault under this Agreement be imposed upon the City For actions undertaken in its regulatory capacity. 2; Submitted into the public record for item(s) PZ.4 on RILIQL2o22, City Clerk cFty. zozoazaasza sooK shsas PAGE 872 Section_45. Farce N)aieure. The Parties shall not be liable to the other nor be deenhed to haN•e defauited hereunder. and shall excuse the other from their respecti■•e obligations under this Agreement for any failure or delay in perinnning their respcetive obligation% kt here such failure ol- d e I ay to perform is caused by a Force Majeure c\,ent. A,hich is defiiled herein as any acts of national security, national etnergency. acts of Gut, oar, act or threats orterrorisill, domestic overnment regulatioih , strikes (other than strifes of Developees employees). fire or oilher natural calamity_ disordrr, civil disobedience, curtailment of transportation facilities or sertice, or any other occw-rence which utakes it illegal or impossible (br either of the Parties to perfo in their respective obligttsinrrs under this Agreement. -~either party shall be entitled to claim Force Majeure Cor events caused, directly or indirectly, by the claiming party or individuals Or etllltie$ under its control and Farce Majeure is not intended to include any contract dispute between Developer antl its contactors - NOW, WHEREOF. the City and Developer have: caused this Agreement to he duly executed. [EXrvurion Pages for the City and Dew]oper Followj Zh Submitted into the public record for item(s) pZ,4 Cn 9 iO 2d22 City Cleric A'TTFST: CFN 20200244820 BOOTS 31909 PAGE 873 CITY OF 14IAMI, a municipal corptfiation of the Stme orFlotida Lr- y: l-add B. Hal City Clerk APPROVETrAS T6 LEGAL FORM AND CURRtCTN S: By r S-rATL OF COUXTY i1I ud� r Arthur riega V City Manger , APPROVED AS TO I NCT UQUZ ItEXIE NITS- Ay: Ann -Marie Sharpe Risk Management Director The forezoinp inqltimetu was acknowiedged bciore me this t day of 2020 by. � Jf `� of the City of"Miami, Fonda who is Persona a known to 7& or R j produced a valid drivers license us idetuiircalinn. Notary Public: Sign l+ wue: �,— Print Name: � Wi¢'OWSSIpN N GG 36M T1ru NU.ar� Abic 1� Submitted into the public record for item(s) P2.4 on 03 10/2022, City Clerk CFN: 20200244820 BOOS( 31909 PAGE 874 IN WITNESS WHEREOF, these presents have been exccutcd this day of -020 Witnesses By: //,; v Print Name: J yG tt rowl 4;v� STATE OF �fldr�Jo j )SS C COMITY OF �4l G i�t 191 SN' 12 Owner, H.C, a Delaware limited liability corpar n By, � r Name: Title: The foregoing instrument was acknawI It before nee this day of ►�2020 by p ' Itr•rt of 191 SW 12 ❑�vner, C who is Personally known to me or f produced a valid driver' • nse as identification. i Notary Public: Sign Name: Print Name: LDu't �.� 1'h 41 My Commission Expires 4I 1"m [NOTARLAL SEALJ ❑y,�,�as row ':f W Fl�� gq�j�lNi+a�i Submitted into the public record for item(s) P7,4 °n P3 ZO 2022, City Clerk GM 20200244820 BOOK 31909 PAGE 875 EXHIBITS A Legal Description of Existing Fire. Station Parcel B Legal Description of 191 SW 12 Street Parcel C City of Miami Resolution No. R-17-0330 D Legal Description of 12" Street Parcels E City of Miami Resolution No. R-613-18 v ReSNU60n No,18-66 G Interlocal Agreement H Project Plans I City of Miami Insurance Requirements J Southside Park Improvements Plans Submitted! into the public: record for item(s) pz.4 on 03 ID zo22, City Clerk CFN- 2020024482E BOOK 31909 PAGE 87E Exhibit A: Legal Description of Existing Fire Station Parcel Existing Fire Station (1131, 1105, 1115 & 1133 SW 2°' Avenue) The Land referred to herein below is situated in the County of Miami -Dade. State of Florida, and is described as follows: Parcel I : Lot 8 and Lot 11, less the West I0 feet, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page[s] 29. of the Public Records of Miami -Dade County, Florida. Parcel 2- Lot 9, Block. 85 South of MIAMI HEIGHTS, according tothe Plat thereof as recorded in Plat Bonk 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 3- Lot 10, less the West 10 feet. Block 85 South of MIAMI HEIGHTS, according to the Plas thereo as recorded in Plat Book 5, 'Page(s) 29, of the Public Records of 'Mi ami -Dade County, Florida., Parcel 4- Lot 12 and the North 75 feet of Lot 13 and 112, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5. Page(s) 29. of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) PLA on 03 1 2 2, City Clerk CFN- 20200244820 BOOK 31909 PAGE 877 Exhibit B: Le al Description of 191 SW 12 Street Parcel 191 5W 12 Street: Lot 13. Less the West 10 reef thereof, together with the South 75 feet of Lot 13-112. Bloch 85 South, MIAMT HEIGHTS, according to the map or plat thereof as recorded in Plat Hook 5, at Page 29, of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) QZA on 03 102022, City Clerk CFN. 2020024482C BOOK 31909 PAGE 878 Exhibit C: City of Miami Resolution No. R-17-0330 [Attached] Submitted into the public record for item;,) PZ.4 on 03/1012022, City Clerk File Number: 2341 EXHMrr C CFN 20200244820 BOOK 31909 PAGE 079 City of Miami City Hall Legislation 3500 Pan American drive Miami. FL 33133 M"I miamigov.cam Resolution: R-17-0330 Final Action Date: 7113)2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 ("AGREEMENT'), IN SUBSTANTIALLY THE ATTACHED ClI CCITY") AND SOUTHSIDE PLACE, LLC, A FLORiDA LIMITED LIABILITY COMPANY ("SOUTHSIDE"), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), PROVIDING FOR THE CONVEYANCE OF CITY PROPERTY TO IMPLEMENT THE PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY, WHEREBY SOUTHSIDE SHALL CONVEY TO THE CITY ITS PROPERTY ADJACENT TO THE CITY'S PROPERTY, THE LOCATION OF THE CITY'S DEPARTMENT OF FIRE -RESCUE STATION NO. 4 ("FIRE STATION NO. 4"), FOR THE CONSOLIDATION OF BOTH PROPERTIES INTO ONE, NEW UNIFIED CITY PROPERTY; FURTHER PROVIDING THE VARIOUS FOLLOWING BENEFITS, AT THE SOLE COST AND EXPENSE OF SOUTHSIDE: THE INVESTMENT OF EIGHT MILLION DOLLARS ($8,000,000.00) TOWARDS THE CONSTRUCTION OF A NEW FIRE STATION NO- 4, PURSUANT TO CITY SPECIFICATIONS, CONSISTING OF OVER THIRTY THOUSAND {30,000) SQUARE FEET OF SPACE, TWO (2) FLOORS WITH A MEZZANINE, NEW WORKOUT EQUIPMENT, AND AMPLE SPACE FOR THE DIFFERENT SIZED F1RE-RESCUE TRUCKS THE CITY WILL BE OBTAINING; UPON COMPLETION OF THE NEW FIRE STATION NO. 4, CONSTRUCTION OF A PARKING GARAGE PEDESTAL, ABOVE THE SAME, AND A MIXED -USE TOWER, WITH FIRST FLOOR RETAIL; AFTER ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY, PAYMENT TO THE CITY OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000.0D) RESTRICTED FOR THE PURCHASE OF ONE (1) LADDER TRUCK, ONE (1) ENGINE TRUCK, TWO (2) FIRE -RESCUE TRUCKS, AND TWO I2) FORD TRUCKS; CONVEYANCE TO THE CITY OF FIFTY (50) PARKING SPACES VALUED AT APPROXIMATELY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS t$1.500,000.00] FOR USE BY THE. CITY, WITH MANAGEMENT BY THE MIAMI PARKING AUTHORITY ("MPA"); ANNUAL PAYMENT TO THE CITY OF A PROFIT PARTICIPATION PAYMENT OF FIVE PERCENT (5%) OF ALL PROFITS GENERATED BY THIS PROJECT, WITH THE INITIAL EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) OF THAT AMOUNT PAID IN ADVANCE TO THE CITY, REGARDLESS OF THE ACTUAL PROFITS GENERATED BY SOUTHSIDE; WITH THE PROFITS OF ANY POTENTIAL FUTURE SOUTHSiDE SALE OR LEASE GOING DIRECTLY TOWARDS THE CITY'S DEPARTMENT OF FIRE -RESCUE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGERTO MAKE SUCH REVISIONS AN❑ NON -SUBSTANTIVE AMENDMENTS TO THE City ofA9iami Page 7 of 3 File 10: 2341 (Revisfow A) Printed on: 812v2oig }�4 � C•wryl r��� j� ��'ollnti�.F• CFN. 20200244820 BOOK 31909 PAGE 880 file 10: 2341 Enactment Number. R-17-0330 AGREEMENT AS DEEMED NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS. the City of Miami ("City") is the owner of the Department of Fire -Rescue Station No. 4. located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida ("Fire Station No, 4"); and WHEREAS, Southside Place, LLC, a Florida limited liability company ("Southside'), is the owner of the adjacent property located at 191 Southwest 12th Street, Miami, Florida; and WHEREAS, Southside has offered a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("Agreement") to consolidate its property with the City's, at no compensation, for the creation of two (2) separate parcels, one consisting of an air rights parcel to be owned by ____�niit side fights Pamer -a�the otheir Wnsist+ng of a fee pafee to be owned by the City ("Fee Parcel'); and WHEREAS, Southside shall construct a new, larger, state of the art Fire Station No. 4 for the City on the Fee Parcel, at Southside's sole cost and expense, for eight million dollars ($8,000,000.00). consisting of over thirty thousand (30.000) square feet of space, two (2) floors with a mezzanine, new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtaining; and WHEREAS, Southside intends to construct a mixed -use tower with first floor retail and a parking garage pedestal on the Air Rights Parcel; and WHEREAS, upon issuance of a temporary certificate of occupancy, Southside shall pay the City two million two hundred thousand dollars ($2,200,000.00) restricted for the purchase of one (1 ) ladder truck, one (1) engine truck; two (2) fire -rescue trucks, and two (2) Ford trucks; and WHEREAS, Southside shall convey to the City fifty (50) parking spaces valued at approximately one million five hundred thousand dollars ($1,500,000.00) for use by the City, with management by the Miami Parking Authority (WPA"), and WHEREAS, in furtherance of Southside's construction of the project. Southside shall pay the City an annual Profit Participation Payment of five percent (5%) of all profits generated by this protect. with the initial eight hundred thousand dollars ($800,0DO.00) of that amount paid in advance, regardless of the actual profits generated; and WHEREAS, the profits of any potential sale or lease shall go directly towards the City's Department of Fire -Rescue ("Fire -Rescue") ; and WHEREAS, Section 29-13(c) of the Charter of the City of Miami, Florida, as amended Charter"}, provides for the conveyance of City property to implement projects of any governmental agency or instrumentality; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA, Section 1_ The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Ci[y of Miami Page 2 of 3 FR1e io: 2341 (Revision: A) Printed on: 8122/2019 Submitted into the Public record for item(s) PZ'4 „ � an 03 ,0 2Q22, City Clerk Submitted into the public record for item(s) Pz.4 on 23 O2Q22, City Clerk File 10: 2341 CFN 20200244820 90QK 31909 PAGE 881 Ehadment Number. R-17-0330 Section 2 Pursuant to Section 29-9(c) of the Charter, the City Manager is authorized' and directed to execute the Agreement, in substantially the attached form, between the City and Southside. whereby Southside shall convey to the City its property adjacent to the City's Fire Station No. 4 for the consolidation of the properties into one. new unified City property, providing the various following benefits, at the sole cost and expense of Southside: the investment of eight million dollars (58,000,000.00) towards the construction of a new Fire Station No, 4, pursuant to City specifications, consisting of aver thirty thousand (30,000) square feet of space, two (2) Floors with a mezzanine. new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtaining upon completion of the new Fire Station No. 4, construction of a parking garage pedestal above the same and a mixed -used use tower with first floor retail; upon issuance of a temporary certificate of occupancy, payment to the City of two million two hundred thousand dollars ($2,200.000.00) restricted for the purchase of one (1) ladder truck, one (1) engine truck, two (2) fire -rescue trucks, and two (2) Ford trucks; conveyance to the City of fifty (5n) parking spaces valued at approximately one millipn-five hundred thousand dollars ($1,500,000,00) for use by the City, with management by the MPA: annual payment to the City of a Profit Participation Payment of five percent (5%) of all profits generated by this project, with the initial eight hundred thousand dollars ($8DO, 000.00) of that amount paid in advance., regardless of the actual profits generated by Southside; with the profits of any potential future Southside sale or lease going directly towards Fire -Rescue; with terms and conditions as more particularly described in the Agreement Section 3. The City Manager is further authorized' to make such revisions and non - substantive amendments to the Agreement as deemed necessary, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.= APPROVED AS TO FORM AND CORRECTNESS: r "rildez. itv ttar ey 21941201a 'The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attomey, including but not iimiled to, those prescribed by applicable City Charter and City Code provisions. If the Mayor does not sign this Resolution, it shall became effective at the end of ten calendar days from the date it was passed and adopted. Ifthe Mayor vetoes this Resolution, it shall become effecive immediately upon override of the veto by the City Commission. cityOrAfFami Page 3 of 3 File 1Q: 2347 (Revision: A) Printed on: 8r2VM19 4�C4Uryrr Submitted into the public record for item(s) pz.4 on 83 jp 2Q22, City Clerk CFN 20200244820 BOOK 31909 PAGE 882 Exhibit D: Legal Desgii tion of 12"1 Street Parcels 145-165 SW 12"' Street; Lots 14.15 and 16, Block 85 of MAP OF MTATVI DATE CO. FLA, (CITY OF NAANIT SOUTH), according to the Plat thereof as recorded in Plat Book B. Page(s) 41, of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk CFN: 202OC244820 BOOK 31909 PAGU- 883 Exhibit E: City of Miami Resolution No. R-613-I8 [Attached] O MCE&i ME C Crr CLERK DF Tff OOARD es Cg4.93V CGSTafWJQ E= AA]OSaL¢ CMN-ty, r=agRs Submitted into the public record for item(s) PZA on 03/UO 2022, City Clerk CFN' 20200244820 800K 31909 PAGE 894 MEMORANDUM Amended Agenda Item No. 11(A)(2) TO: IIonorable Chairman Esteban L. BOV03 Jr. DATE: June 5. 2018 and Members, Board of County Commissioners FROM: Abigail Price -Williams SUBJECT: Resolution approving an County Attorney Interlocal Agreement between -fianii-EYade C'bumy and the 'y of Miami in connection with the proposed expansion of the Rapid Transit Zane to include privaie property adjacent to the Brickell Metrorail Station; authorizing the r County Mayor to execute the Agreement in substantially the form attached and to exercise the Provisions contained therein -Resolution No. R-C13-=8 The accompanying resolution ivas prepared and placed on the agenda at the request of Prime Sponsor Chairman Psteban L. Bovo, Jr. APW/smm submitted into the public record for item(s) PZ.4 on 93 1Q 2022, City Clerk CFN: 2 0200244 820 BOOK 31909 PAGE 885 10 MEMORANDUM �ltevise� TO: kiotavrable Chairman Esteban L. Bovo, Jr. and Members, Board of County Commissioners wa!"V �111 M-.,VrA Please note any items checked. DA1 E: .dune 5, 2018 Amended SUBJECT: Agenda Item No, 11 (A) "3-Day Rule" for committees applicable if raised 6 weeks required betweeu first reading and public hearing 4 weeks notification to mnunicipal officials required prior to public hearing Decreases revenues or ineremag expenditures without: balaueing budger Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires derailed (_uunty Ajayor,s report for public hearing No committee review APPlicable legislation requires more than a majority vote CLe., 213's _ , 3I5'v , uluanimtlus ) to approve Current information regarding funding snurec, index rude and available balance, and available capacity (if debt is coutemplatbd) required P-A Submitted into the public record for items) PZ.4 an 03 Zt3 2022 City Clerk CFN 20200244820 BOOK 31909 PAGE 886 Approved Mayor Veto Override RESOLUTIOAt NO. R- b, 3- I E Amended Agenda Item No. I I (A)(2) G-5-IS RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BFTWEEN MIAMI-DARE COUNTY AND THE. CITY OF MIAMI IN' CONNECTION WITH THE PROPOSED EXPANSION OF THE RAPID TRANSI'!' ZONE TO INCLUDE PRIVATE PROPERTY ADJACENT TO THE BRICKELL METRORAIL STATION; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE AGRF MENT IN SUBSTANTIALLY THE FORM ATTACHED AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN WHEREAS, Section I.p 1(A)(17) of the Home Rule Charter authorizes the Count} to enter into a contract with other governmental units for the performance by one unit of government ot; behalf of the other; and WHEREAS, Miami -Dade Couizty and the City of Miami desire to provide coordinated development of property within the City of Mianu and adjacent to the County's Brickeli Metrorail Station; and WHEREAS, the City of Miami desires to transfer to Miami -Dade County all zoning and permitting authority for the development of this property, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOItiERS OF MIAMI-DAD E COUNTY, FLORIDA, that the Agreement by and between Miami -Dade County, Florida, and the City ot'Miaini is hereby approved, and the Board authorizes the County Mayor or County Mayor's designee to execute the agreement in substantiaDy the form attached Hereto and to exercise the provisions contained therein. N Submitted into the public record for item(s) PZ.4 on 03 10 2022 City Cleric CFN 20200244820 BC OK 31909 PAGE 8B7 Amended Agenda Item No. l 1 (A)(2) Page 2 The Prime Sponsor of the foregoing resolution is Chairman Esteban L. Bovo, Jr. It was offered by Commissioner Rebeea Sosa , who moved its adoption. The motion was seconded by Commissioner Esteban L. Bovo, Jr. and upon being put to a vote, the vote watt a rollows: Esteban L. BOW, JT_, ChairMUn Ave Audrey M. Mmnlisan, Vice Chairwoman absent Daniella Levine Cava aye Jose "Pepe Diaz aye Sally A. Heyman aye Barbara J. Jordan aye Joe. A. Martinez absent Jean Monestime aye Dennis C. Moss aye Rebeaa Sosa aye Sen. Javier D. Souto absent Xavier L. Suarez aye � District S - Vacant The Chairperson thereupon declared the resolution drily passed and adopted this 50 day of June, 2018. This resolution shall become effective upon the earlier of(l) 10 days after the date ctf' its adoption unless vetoed by the County Mayor. and if vctocd, shall beeorne effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing Of this approval with the Clerk of the Board. Approved by County Attorney as to fonn and legal sufficiency, 4� Dennis A. Kerbel M1Ai1U-DARE COtNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS I4,RVLY RUVIN. CLERK 13v: Christopher Agrippa Deputy Clerk - -- x P (� N COLfYF'i.FtiR' Submitted into the public record for items) PZ.4 on 23 10 ZOZx, City Cleric, CFN 20200244820 1300K 31909 PAGE 886 INTERLOCAL AGRELWNT FOR DEVELOPAlENT OIL PROPERTY SURROUNDING 13RICKELI.L 14ETRORAIL STATION This Interlocal Agreement ("Agreement") is entered into this day of ,2018, by and between Miami -Dade C;aiwty, apolitical subdivision of the State of Florida ("County"), and the City of _Miami, a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1969, Chapter 163, Section 163-01, Florida Statutes (2012), Section 6.06 of the Miarai-Dade County Home Rule Charter, and Section 33-3 I4(A)(4) of the Code of Miami -Dade County, Florida. WUNTESSETII: WHEREAS, the County has adopted Chapter 33C: of the Cade of Miami -Dade County, Fiorida ("County Code"), which establishes the Rapid Transit Zone ('RTZ") and grants exclusive jurisdiction to the County- for purposes of building and 70ning approvals, water and sewer installations, environmental compliance, street maintenance, and utility regulation for alt property located within the RTZ; and WREREAS, the City and the County have a long history of mutual cooperation with regard to planning for and development in the RTZ-, and WHEREAS, the City, by Resolution No, 78-453, urged the County to provide for join( pivale and public development opportunities, including essential retail services, employment centers, housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding of desired improvements; and 15 Submitted into the public record for items) PZ.4 ono 3 ZU 2t322, City Clerk CFN 20200244820 60OK 31909 PAGE 8K WHEREAS, Chapter 33C provides for municipal participation in the design, review, zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC" ), which includes representation from the municipality in which the Project (as defined below) is located; acid WHEREAS, the Cottnlyis considering the adoption of an ordataucc (Lxhibit "A") which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone") ❑u that certain property located within the County and the City, as depicted in the attached Exhibit "B", and which wouid establish development regulations and a development review and approval process applicable to the Subzone; acid WHEREAS, the SuhzOne is lacttted within the City's "Urban Central Business District" as designated on the City,,,; Future i.,and Use Map and within the Downtown Regional Urban Center as designated an the County's Future Land Ltse Map; and WHEREAS, the expanded boundary of the R17 includes within the Subzone those certain properties depicted in the attached Fxhibit "C" (the '`Property") which are owned by the City of Mi iami and Smithside Place, LLC, its parents: afft]iates, successors anchor assigns ("Owners"), and Owners desire to develop and operate a City of Miami Fire Station, public - private parking garage, and mLxed-use center (the "Project"), integrated with the Miami -Dade County A4etro=dI and Metromnver systems; and WHEREAS, the Project abuts and shall be integrated with existing, County -controlled public transportation facilities, including, the Brickell Metroraii Station and the Metromover system; and ¢ya4COUN rkumn fJ Submitted into the public record for item(s) PZA on 21LIV2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 890 WHEREAS, the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality- of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County, and reducing area traffic congestion and pollution as well as providing iniproved public safety for this area of the City; and WHEREAS, as set forth herein_ the Comity and the City wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority, thereby avoiding duplicative or inconsistent regulations and processes, NOW THEREFORE, in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: 1. Recitals. The County and the City agree that the above recitals are true and correct and are ?ncorporated herein. 2. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the rctiuircmeut that development within the RTZ conform with applicable provisions of Chapter 33C, as amended, remains in full force and effect. The City and the County expressly recognize and authorize the expansion ❑i' the RT7. zone boundaries to include the lands located within the Subzonc, iuctuding the Property. 3, Count Review and Approval of Project. The County and the Cite agree that, upon the adoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade County, Florida, in substantially the form attached hereto as Exhibit "A", the County shall exercise exclusive land use, zoning, and building permitting, jurisdiction over the Suhzone, the F Submitted into the public record for items) z.4 on 03 IPO .2022 City Clerk CFN 20200244820 BOOK 31909 PAGE 891 Property, and the development of the Project and shall, in accordance with its ntles and regulations, perform all regulatory review; relating to the development of the Project, including, without limitation, zoning approvals and construction permitting. 4. Exercise of County Jurisdiction, The County agrees that the County shall exercise its jurisdiction over the Project in a manner that addresses the transportation needs of counties and urban centers throughout the State of Florida and that is consistent w[th, and supports the City's commitment to, principles of urban planning, including responding to the existing conditions of the City, its downtown corridor, and its natural features, infrastructure, and buildings. The City shall continue to provide al I utIveUmunicipal services within the Su'bzone such as, but not limited to, police, fire. parks, solid waste, business licensing, and annual - inspections for fire and elevator safety. it is provided, however, that the City shall be responsible for ensuring that referrals regarding enforcement of land use, zoning, or building code requirements that result from any City fire inspections, emergency responses, or outer City actions are timely transmitted to the Couuty's Building official. Furthermore, the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property owners and tenants of the Project arealso informed, his to these jurisdictional matters. The CitY and the County may memorialize or effectuate these processes by any supplemental instruments that may be deemed necessary, a. Ordinance. The County andthe City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A", shall govern development within the Subaonc and on the Property, as supplemented by this A greement. [1 r CFN- 20200244820 BOOX 31909 PAGE 892 6. Suuthsidc Park, The City -owned Southside Park is located within the boundaries of the Subzone, and County and City agree that 5outhside Park shal l remain as a park at the CiVs sole discretion. 7. RTDIC. The County agrees that the City shall be entitled to appoint up to three partiaipanis to the RTDIC forall meetings ofthe RTDIC related to the Prgjcct, and that the C:ity's appointees shall all be individuals with technical expertise and professional degrees in at least one or the following areas: (i) transportation, (h) architecture, (iii) engineering, or (iv) law. in the event that the City representatives present at an R`rDIC meeting to consider an application for development withir. the Subxone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation err the decisicm shall be for denial. In the event the RTD1C issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board al' County Commissioners slutll be required to override the denial. 8. Allocation of Develattmerrt Fees. The County and the City agree to allocate the payment of development and permitting fees as follows. (a) The County shall collect from the ❑vAier all fees related to regulatory reviews rmd approvals and construction permits; (b) The City shall collect from the Owner all impact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, amooiated with the Project shall be collected from the Owner by the City and the County in accordance with their respective impact fee ordinances. 9. Public HearinZ At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-10 (see Exhibit A), the County shall mail or Submitted into the public _ record for item(s) PZA c TM� on P3110120� City C I e r k CFN 2MO244820 BOOK 31909 PAGE 893 e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney. The conununicatinn to the City shall include the date of the scheduled public hearing. 1t}. Authority to Effectuate this Agreement- 'fa the extent permitted by law and required by this Agreement, the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Ag eement. 11, Term of Agreement. This lAgreement shall remain in effect for 30 years, anti thereafter automatically reucw for successive 10 year terms unless terminated by mutual agreement of the County and the City, as approved by majority vote vrtheir respective governing bodies. U Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and wilh all applicable laws relating tv this Agreement The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 13. Dispute Resolution• Aniplicable Law. The parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance wid, the "Florida Governmental Conflict Resolution ACV', Chapter 164, Florida Statutes, as amended. This Agreement shAl be governed by the laws agthe State of Florida. Venuc in any proceedings shall be in Miami -Dade County, Florida and each party shall be responsible for its own attorneys' fees, 14. 'Entire Agreement; Amendments, This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein, and the parties agree that there are no comrnitments. agreements, F `°`s"r Submitted into the public record for item(s) PZA Or) 03 1Q 2022 City Clerk CFM 20200244820 BOOK 31909 PAGE 894 or understandings coneerning tlse subject matter of tlus agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be Predicated upon any Prior representations or agreements, whetter oral or written, itic• modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties, except that on hehalrorthe City, future amendments may be approved by the City Manager and will not require approval by die City Commission. 15. Joint Preparation. The languageagreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construction, he construed more severely against one of the parties by the Other, 16. Severabili. The provisions ol" this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that fbr any reason any other or others of them may be invalid or unenforceable in whole or in part, except to the extent that such invalidity or uuenforceability causes the agreement to fail of its else-atial purpose. In the event a finding of invalidity or u nenforccabil ity by a court of competent jurisdiction causes the agreement to fail of its essential purpose, either party shall have the right to terminate this Agreement upon written notice to the other. 17. Miscellaneous Provisions. Title and paragraph ]readings are for convenient reference and are not a part of this Agreement. No waiver or breach (11' any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hercaf and no waiver shall he of -ective unless made in writing. Il Submitted into the public H regard for item(s) LZ—A on g; 1l] ZQ22 City Clerk r-FN7 20200244820 BOOK 31909 PAGE 895 18. Notice. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service, or certi red Mail, returtt receipt requested, postage prepaid and received by the addressee. Notices shall he sent to: If to the City. City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, I Oth l loor Miami, Florida 33130 With copies to: City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 3 313 0 �F 10 CUGnry: Mayor Miami-Dadc County 11 I N. W. l st Street 29t1t Floor Miami, Florida 33128 With a copy to: County Attorney Miami -Dade County 1 I 1 N, W, I st Street Ste, 2810 Mi,uni, Florida 33128 19. No Third Party Beneficiaries to this Agreement. Nodding in this Agiecenent, express Or implied, is intended to: (a) confer "pan any entity or persnli other than the parties and their success(rrs Or assigns any iights ❑r remedies raider or by reason of The Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or 0)j authoriae anyone not a party to this Agreement to maintain an action pursuant to or based egaan this Agreement; or (c) be construed as a waiver of sovcrcigjr immunity of the parries hereto udder Section 768,28, Florida Statutes. Submitted into the public N record for item(s) PZA ° •� °'- on 03 10 2022 City Clerk Submitted into the public record for item(5) EZ.4 on 03 10 M022, City Clerk CM 20200244820 BOOK 31909 PAGE 896 IN 'FITNESS WHEREOF, County and City have executed this Agreement, or have caused the same to be executed, as ofthe date and year first above wnifti. A'l7rEST Harvey Ruvin, Clerk M1AMI-DARE COUNTY. FLORIDA, A political subdivision of the State of Florida, By: County Mayor ATTEST CITY QF WA�Ta , a Mo'rdeiparCorpo of the State of Florida Todd H. IIannon, Clerk By; City.Tanager 11;5 Submitted into the public record for item(s) PZ.4 on a3 jog?- City Clerk CFN- 20200244820 BOOK 31909 PAGE 897 Exhibit F: liiami-Dade County Resolution No. 18-66 [Attached] 10:7TC"_I FUA COPY CLERN OF : H.E AiS,�iII Drco��ri co]�slssi8��ac submitted into the public record for itern(s) pZ.4 on o3 10 2o22 City Clerk GFN 20200244820 BOOK 31909 PAGE 896 MEMORANDUM Amended Agenda Item No. T(A) (Second Reading 6-5-18] TO: Honorable Chairman Esteban L. Bono, Jr. DATE: Mareb 20, 2018 and Nfe nbers, Board of County Conuuissiomrs FROM., Abigail Price -Williams SUBJECT: Ordinance relating to the Fixed - County Attorney Guideway Rapid Transit System - Development Zo=; creating . section 33C-14 and axrending sections 33C-2, 33C-3, 33C-4, and 33C-9 of the Cade; providing for expwisioja of the Rapid Transit Zone and creating the Brickell Station Subzone; providing uses, site plan review standards, and procedures for approval of such site plan in the subzone; requiring supermajority votes by the Board in certain circumstances Ordinance No. 18-66 The accompanying ordinance was prepared and placed an the agenda at the request of Prime Sponsor Chairman Esteban L. Bova. Jr. o, . n Nti eadnr7y^ Submitted into the public record for item(s) PZ.4 on 23 1D 2oz2 City Clerk Date: .rune 5, 2018 To: Honorable Chairman Esteban L. Sava, Jr. and Members, Board ❑f G❑ ❑rnmis; From: Carlos A. Gfrnenez Mayor CFN 20200244820 BOOK 31909 PAGE 899 MfAMiOAOc Memorandums ., i=isGal Empact Statement for Ordlna Relating to the Fixed -Guideway Rapid Transit System -Development Zone The implementation of this ordinance will not have a fiscal impact to Miami -Dade County. All' AHH Deputy Mayor F]805418180540 -Submitted into the public record for item(s) p2.4 on U3 1QL2Q22. City Clerk Cate: .tune 5, 2013 To: From: Subject; CPN 20200244820 B0OK 31909 PAGE 9oa MemorandumMMQZW " Honorable Chairman Esteban L. 9 vo, Jr. and Members, Board of count yZomrriissi Carlos A. Gimenez 'Mayor Social Equity Statement for ❑rdinan RelatEng to the Fixed -Guideway Rapid Transit Svstern-DPVP_,lnnma.nt 7nnn The proposed ordir;ance relating to the Fixed -Guideway Rapid Transit System -Development Zone (RTZ) creates Section 33C-10 and amends Seotlons 33C-2, 33C-3, 33C-4 and 33C-9 of :he Cads of Mlarni-trade County (Code) providing for expansion of the rapid transit zone and creating the Brickell Statlon subzone. The proposed ordinance expands the RTZ to lt;clude a block bound by SW 11th Street to the north, SW 12th Street to the south, SW 2nd Avenue to the west, and SW 1 st Avenue/Metrorail Station to the east, within the City of Miami, Under the RTZ, the properties would be deveicped under the same regula#ions that govern the Ali Aboard Florida Brightline site at Government Center, The proposed ordinance establishes the Srickoll Sub -Zone and the reguiatory framework for developments within the sub -zone and aligns with Miami -Dade County's effort of intensifying land uses surrounding mass transit stations and corridors. These amendments to the Code would result in additional development adacent to the rapid transit station, which in turn could result in additional housing and business opportunities. No other specific social equity or benefrt can be detarmired at this time. Pack iterFhloft Deputy Mayor 102540 3 Submitted into the public record for item(s)pZ,4 on 03 1r7 2022 City Clerk CFN 20200244820 BOOK 31909 PAGE so, MEMORANDUM TO: Houorable Chaimaz Esteban L. Sovo, Jr. DATE: June 5, 2018 aud Membrs, Board of Coun y Comxnissiaxf n �� i" �! ��. �. Please note any items checked. Amended. -S' EJ=I : A.gcuda Item No. 7 (A) "3 -Day Rule" for r.omn ttees applicable if raised d weeks required between Eu-st reading and public hearilag 4 weeks notification to municipal of idals required prior to public hearing Decreases revenues or increases expenditares withoutbala dag budget Budget required b'tatemcat of fiscal impact rragv3rcA Statement of social equity xegitired Dxdmance creating a new board requires detailed County Mayor's report for public hearing No co.mnazttee review Applicable legislation requires mare than. a maj ority vote (Le., 2l3's 3J5's _ , zananimous ) to approve Cuxrent information regardbig funding sauxce, index code and avai a6Ie balance, and available capacity (if debt is contemplated.) required **, CCI:N -r � ;ac Y N Submitted into the public record for items) PZ•4 on 03110J20zz. City Clerk Approved Ma or Veto Override 0Ra ANCE NO. 18-66 CFN 2020024482D 80}CK 31909 PAGE 902 Amended Agenda Item No. 7(A) 5-5-19 ORDINANCE RELATING TO THE FIXED -GUIDEWAY RAPID TFt AMR{T SYSTEM -DEVELOPMENT ZONE, CREATING SECTION 33C-10 AND AMENDING SECTIONS 33U-� j3U- 3, 33&4, AND 33C-9 OF THE CODE OF M" DARE COUNTY, FLORTDA; pROVIDINCr FOR EYTANSION OF THE RAPID TRANSIT l?ONE AND CREATING THE BRICKELL s'rATION sti-MONE, PROW DING USES, SITE PLAN REVIEW STANl7ARDS, AND PROCEDURES FOR-APPROV -A-L OF SUCH SITE PLAN II+i 'fI-1E SUBZONE; REQUIRING SU1.3h'RMAJORITY VOTES BY THE 130ARD IN CERTAIN CIRCUMSTANCES; PROVI131NG SEVI=,RABIDITY, INCI,USION IN THE CODE, AND AN EFFEC-MI13 DATE WEfEREAS, the Miami Dade County Hame Rule Charter gram to the County the power to harry on a central metropolitan govenunent and to provide for rail facilities and public transportation systems; and wH'EREAS, The Board of County Commissloners has found that the coordinated review and analysis of mass transit facilities is necessay to carry on a central metropolitan goverrmTnent in Miami -Dade County and the, coordinated review and analysis of the mass transit systetnis nwsi ef(�ctivelu canied on under a u Difon-n plan Of regulation applicable to the County as a wholo;..and WHEREAS, znaximwn coordination of transportation and land use policy decisions is essential to optimize the role of transportation as a potent tool Tor implementing the desired patterns of metropolitan development consistent with the Compzrehewive Development hiabter Plata; and 0 ltr Submitted into the public record for item(s) _i Z.4 CFN' 20200244820 BOOK 31909 PAGE 903 on 23 L0 24ZZ, City Clerk Amended Agenda Item No. 7{A} Page Z WHEREAS, providing for increased density and transit -oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public LTansportation system and further the health: safety, order, convenience, prosperity and welfare of NVHERH AS, the properties surrounding the Frickell Metrorail Station, which this ordinance includes within the Rapid 'Transit Gone, are located within the Downtown Regional Urban Centex identified in the County's Comprehensive Development Master Plan (CD_-W); and WHEREAS, the CDMP calls for the highest level of development density and intensity within the Downtown Regional Urban Center; and WHEREAS, the adoption of uniform regulation to encourage private sector development of market rate, attainable, and workforce housing around the Brickell Metrorail station is in the best interest of the County, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF A ANH DADF COUNTY, FLORIDA- Section I. The foregoing recitals are incorporated into this ordinance and are approved. Section 2. Section 33C-2 of the Code ❑CMiami-Dade County, Florida. is hereby amended as follows: L ,Sec. 33C-2. Rapid Transit Zone. r Words stricken th rough and/or [[double bracketed]] shall be deleted. words underscored and/or »double arrowedcc constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. v �w 3J YTP�QF Submitted into the public record for item(s) PZA on 03/10/2022, City Clerk CEN' 20200244820 BOOK 31909 PAGE SO4 Amended Agenda item No. 7(_A) Page 3 A Desigwtion of- lands included_ The Board of County Commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown ou Extufbits I through 16, bearing the following effect vc dates.. Exhibit 1, July 31, 1998, Exhibits 2 through 9 and Exhibits I 1 through 16, July I3, 1979, Exhibit 10, May 26, 1983, hXtuj)jt Ig, jiusert effective-4 *--I<< certified by the Clerk of the Board as a pardon of this chapter, incorporated hereby by reference, and tranmmitted to the custody of the Department of Regulatory and Economic Resources or its successor Departmeni, as the Rapid Transit Tone for the Stage i Fixed - Guideway Rapid Transit System. The Director of the Department of Regulatory and Economic Resources or its successor Department shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each inutucipality affecte(. [D} Uses No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article. (2) . Other uses, procedures for approval of such uses Within the Rapid Transit Zone, The following additional uses shall be permitted in conformance with The requsrements set forth herein- (e) Process for City ofMiami. » 3[ Bric,kell Station Subzone, Notruithgmding am other proiision - of this code to the contrary whenever uses autliori zed by subparag abs 4L�£PIiH' Submitted into the public record for item(s) Pr.4 on 03 10 2027_, City Clerk CFN- 20200244820 BOCK 31909 PAGE 905 Amended Agenda Iiem No. 7(A) Page 4 D 2 a and 2 above are proposed within the Drickell S on Subrone of the Rapid Transit Lone as deli ated in subsection 33C-10 herein, the procedures and develop2ent standards ado control.<< Sedan. 3, Section 33C-3 of the Code of Miami -Dade County, Florida is hereby amended as follows: See. 33C 3. Rapid Transit Developmental linpact Committee. (a} !here is hereby established a Rapid Transit Developmental Impact Committec Exectrtitie Council composed of the County's Developmental Impact Committee. Executive Council (established by Section 33-303.I, Miami -Dade County Cade) and two (2) representatives from each of the following muzlicipalities: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. It is provided, however, thai for developments located within the Downtown hteamodal District Corridor Subzone established by T[gabsf�oienaa >>scction4C 33C-9 >>and the l3rickell Static i Subz❑m established hy section 33C-10<<, hoNveve:r, the Rapid Transit Developmental Impact Committee shall be composed of the Caunty's Developmental impact. Committee Executive Council. and three (3) representatives from the City of Miami. JD addition, there shall be an IRTDIC Staff Council composed of members of the County Departments identified in Section 33-303.1(A) of this Code and three (3) representatives from the City of Miami. The Rapid 'Transit Developmental Impact Committee shall, subject to the procedures specr_fied in >?section<< 33-303.1, Miami -Dade County Code, perform the duties specified in Section 33C-2 and Section 33C-4 of this chapter._ (b) Except for the Downtown Intermodal District Corridor Subzone established by subsection 33C-9 >> and the Bricltell Station Subzone herein, mailed notice of hearings before the Rapid Transit Submitted into the public record for item(s) PZ.4 on 43 IQ20Z2 City Clerk CFN 20200244820 BOCK 31909 PAGE 906 Amended Agenda item No. 7(A) Page 5 Development. Impact Committee pursuant to Section 33C- 2(D)(2)(d) shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) far the special exceptions expressly enumerated in that subsection. Mailed notice of the hearing shall also be provided simultaneously Applications sbail comply with the procedural requirements of Section 33-304. (c) Notwithstanding any other pravisiGn of this code to the contary, for the. Downtown Intermodal District Corridor subxone established by section 33G9 >>and the Brickell Station Sub one established sectiam 33C-10<t herein, notice of meetings before the Rapid Transit Developmental Impact Committee shall comply with the procedures set forth in 5�:-those respecti e Sections<< U33C Il Sectiou 4. section 33C-4 of the Cade of Miami -Dade County, Florida is hereby amended as follows: Sec. 33C-4. Rapid 'Transit Development Impact Zane_ r.14 (b) &xccpt for the lDowmown Intermodal District Corridor Subzone established by section 33&9 >yaud the IIriAe11 &pion stibwne established by section 33C-1D<< herein, and rotwithstanding.anything to the. contrary herein, mailed notice of hearings before the Rapid Transit Development Impact Cotnraittee pursuant io Section 33-2(D)(2)(e)(1) shall be provided in the same manner as bearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly enumerated in that subsectivti. Mailed notice of hearings shall also be provided simultaneously to the municipality in which the application site is located: Applications shall comply wiT.h the proceduual requirements of Section 33-304. s' r xh' w�, Submitted into the public record for itern(s) PIA on 03 IU 2022, City Clerk CFN: 20200244820 BOOK 31909 PAGE 907 Amended Agenda. Item No. 7(A) Page 5 Section 5. Section 33C-10 of the Code of 1\4iami-Dade County, Florida is hereby caseated as follows: >>,Sec.33C-10. R,rickeil Station Sub -"Lune. Pw vose and Intent. The foltou= developmem =view standards_ and criteria.shall govern anplications for Initial Plan Approval of the general site development plan and applications for Final Site Plan Review for all development to be located within, the boundaries of the S64411 Station Sub -Zane esiaa_1_ished in this section. The standards set forth herein further the uni a Land use chazacteri sties of this as e which lies within. tb-e City of Miami Urban Core. as defined in sec- ian.33-94, and within the Downtown Reeionnal urban CCeutex, as desigpated on floe Land use Plan Map of the Coup s Cqgaprehewive Development Master and are consistent with. and support the CjV's commitment to, principles of urban 13 _ _ . incl_y_ding rmonding to .the existing conditions of tbe_CLty, its downtown corridor, and its natural features. inf_xastxucture,_and buildings,_iznp mobifiy, enhanced pedestrian, environment anal the reduction .of urban_ sprawl. Deryelopmeat in this sub zone also addresses government service and infrastructurc needs f this quiekly growing arm gad therefore =jepj§_ with this sub -zone are enco► r ed to incorporate rliblic service public infx'astructure, or public benefit components, including. but not limited_ to, a police or fire station, re6onal sewer ptunp_*w4on, and affordable housham. B Boun rr ies. The Brickell -Station_ Sub --zone of the Rapid Transit Zone is hereby establisbed the boundaries of the Sub -zone are identified in Exhibit 18 of section 33C-2 Die legal desert lion and a full-scale ma o c boundaries are an Me with the Miami -Dade Coupes Department_ of ReQulatory and Economic Resources or its successor ❑eparimem (the "Department" LQ Permitfed se The following uses shall be ermiM-d in the Brkkel Siation Sub -zone either alone or as mixed uses in horizontal or vertical integration, "Vertical integration" means atty combination of primary uses (such as passeYager transit Vstems or businesses) located on the ground frocsz, and residential and accommodation uses such as hotels on the uma floors. "Horizontal intem bon" means any /d 5ubmltted into the public retard for iternW Px•4 on 03 10 2022 City Uerlc CFN: 20200244920 BOOK 31909 PAGE,9OS Amended Agenda Item No, 7{A} Page 7 cvmbim—ff .on of arcels or buildings and structures with different uses within the same develo meat. m hotel9 ea�enmercia]Iretai offices; bars L4� residential.: and res an s- — L6 rental car facilities: �b7 Parking lots and p=igctures, including commercial wkinF lots and garages that charge fees for Llarldng, 0 pyemmental. 01 con ention halls and showrooms: t0 imtitutwnal I I he-alth care facilities. excehospztals; 12 pNblic iparks and opep s aces and W-A other similar rises, as approved by the DimuoT of the Department. M— &L7qpplicatfon conference- The gVplicant s11a:1 aaticigate in at least one pre- lication conference with the Rapid Transit Develo rnent Impact. Committee TDiC for to filing the application. The apnlicaut_shall provide a general outline of theproposal thrnught schematics and sls etclzplans mcludin narrative infnrmaation sufficieut for the undeastanding of the promo posed devalopment IF Lnitial ReOm {b j0plicatian. Following the pre-applicatiou confere ce,. a Tequest._for .appmval..of a_gepmal site &Vela meiA plan .for &IT—lopment within the Bricke 1 Station Sub -zone. shWl be inade b G1 an application with the RTDIC in atccordame with the provisions of section. 33-3 04. Said application shall be considered a special exce Lion for a roval of a F- eral site development plan to be considered and acted upon dkvcdy by__the Board of County Commissioners pprsuant to the develo went regulations established in this section.Applications shall campix-yvith the procedural requirernenm of section 33-304 of this code. Submitted into the public record for item(s) PZ.4 CFN 2020Q244820 BOOK 31909 PAGE 909 on 03 10 2022, City Clerk Amended Agenda Itein No. 7(A) Page S 1231]IC recommendwion. Within 60 days afteT the ff g of the Ruication_ the RTDIC Staff Council shall review the amlicatigiL and the RTDIC shall i g ue a recomnmeadation on such a location. The reconuaendation shall reflect the cpnsensus of the members Rgesent In the event that the Ci recommendation for approval, the. recommendatlan_ shall ire for denW. The recommendation shall be transmitted to the Berard of CQuqty Commissioners far final action. In the amt of a recommendation of denial by the RTDIC, approval of the apphuation shall mquire the dative vote of 9 members of the Board of C4uniy Commissioners. Phased develo ment. Projects within the sub -zone g as be constructed in bases and the construction of pLhlic buildings and inffiLstms eture to serve future development ma accordingly need to 'be corn Ieted W. phases. Where a phased development is requested the Board of Count- Commissioners_ in a rovin a phased Sib-- 121aal. shall sneer, building faotprinig, heights, density, inie�sity�ana of building as fuhtre dcygo rnent araAmeters. The R1DIC may review and approve specific land uses and design details of said, future develorimneat_in subsa �xent bases ursuant to the Final Review c ' eria C1313merated herein. Drwided that the development parameters app�roy_ed 6y the hoard of County Commissioners in the based site Ian are _ _not exceeded and that the development iegplations set forth herciu are inet. Rgoired exhibits for Initial Development, The following exhibits shall be subuutted with the ppli-cationfnr a general site development plan• U A n native describing the_projeofs scope including but not limited to- i siort statement the project's ransim mcy with the intent and pumuse of these re ons size of project anal._ location, and prominent comnonevts of theedevelopment, has' ofthedeve a went ifnecessary_ scale; relevance to the region, its .C. coxmnecdon to the surraua urban cunt= +I A. ] s - T Submitted into the public record for item(s) PZA on 903 iPZ022 City Clerk M Ue FM EL —al Revieyy.. CFN 20200244820 SOCK 31909 PAGE 910 Amended. Agcuda Item No, 7(A) Page 9 econonvc impact on-- the local economy; design the ra et as a poi way to the community; and any additional information necessary. to exlalain the develapment. Schematic site ptan(s), at a scale of not less prominent structural g2mponenfs of the develo meuvRmAtted land uses-, existin and PIQPoseci streets- ma ❑r pints of epresslinuess of the developmen •public o eSn space locations and area in s uare fee floor area ratio edestriaui circulatio - residentW density; g d squaxe feet of retail. office, institutional, vovemmental. and .other ra _posed land uses n t to exceed the develo went thresholds contained in the admiuistative site pjan developmerit meters included herein. Information an a joining, and ad'ac ent uses_ on a plan at a scale no I= than I inch equals I GID feet. to indicate the mlatinnshi s between the proposed development and adiacent areas ineluding, but not limited to- existin land uses and their inteusities- _dmsities, vehicgilar and _ pedestr.m circulation systems, blocks and lots, and ue simmYcal features_ Pers ectsvg& isometrics, elevadons and other dmwiangg illustratin&prodaased devel mcnt- An additional information s e -ified. by the RTDIC at the re -a lication conference to evaluate the cbaracter and impact o_` the proposed development. [� Final Review for development of the Lrirkell bzom. Fo ow' a roval of e _ SPeeial cxr_G lion final review for all or a portion of the devel qnA includin haled develo menu shall be made and roved administratiIre l b the RTDIC in accordance with the plans and documents approved by the Board of Count Cnawxissioners. = � The RTDIC review shall be xgdecl by dev_ elopmant -Submitted into the public record for items) PZ,4 CFN: 20200244820 BOOK 31909 PAGE 911 on 03 1U 2022 City Clerk Amended Agenda Item No. 7(A) Page 10 standards established in this section. A lh ations to uxodify a site plan approved pursuant to this section including analicatiozls to approve a subsequent phase of a -eviousl -a roved based site plam shall be caasidered and acted won adminiggqvely by the RTDIC without the neces ' of gablic hearin . not coucur with.amroval of the application, the decision of the RTDIC s all be for denial. The affirmative vote of 9 members of the B and of CoiurtyCommissioners shall be reauiredto reverse a decision of denial b the TDIC. 1+Iotice. (al Mailed notices of the RTDIC Executive Council meeting shall be accara Iished b placing in she United States mail a written notice i all o ert vvvnexs of record- a_s reflected on. the 1Vliami Dade County. Pro e A raiser's tax ra11 as dated within 500 fee# of fhe sub ect ry . Such mailed no ces shall contain eemal infomQativn. including, but not limited tothe drite time and lace of the meefiia the xvpgtyls to lion and street address if available and nature of e a Iication shall be sent no sooner than 30 daYs and no laier tbaxi 2D da riox to the nzeetva . fjjj The pro2LU be osted no latex than 20 days i2LiQr. to the meeting in a manner co'n icuous to the oubliczbby a si nor can#a uCwag inform atirm _ including -but- not linyted to. the applied far �nnin a#ion, 3ication number, and the time and lace of the ublic meetin The pm aity owners all be res onsible for ensxiu that the si is maintained ors the site until cnuzQetzon of the public mee m and for =_oval of_ the si�a within ttiva weeks fvllowin com letivn of the public meet d In addition, notice sball be ublished i a a news a er of general circulation in Miami- Dke- al notice. to be uhlisbd nv latex than 20 days and a. earlier than 30 da Y s W for to the me-e ' to ,, t❑u vr. r _ contain the date time and lace of the y U�. n Subt-nitted into the public record for itemts) pZ•4 ❑n U3L�&Z4Z2City Clerk CFM: 20200244820 BOOK 31909 PAGE 912 Amended Agenda Item No. 7(A) Page I 1 ruceta the pro�erL's location and strect address ifavailable. �3} Re aired Exltibi[s_ Tha followin exhibits must be included 'th- an application. It is avidel h wever that the Director o£ the lleparlxnent shall have the authori to waive anv of the items because of the information cannot be furnished at the time of this review. The application shall be deemed- complete if all items in dais subsection ar eluded in the y�ation. (a) Master p I= at a scale of nvt less than 1. inch equal s i0Q feet which shall include the foiiowin� infarmatio ; QLot lines and setbacks. ii.l Pro used fIQor areaof all emxitted uses. Hci * sire sha a and location. of existingand gxo used bail ' s_ iv of=nstreet arkin and routs sha number of arkin Maces reLLuired and vided- Lv} proposed wades if signifcaailx altered. vi Siga a street and loth ming. and street and lot frhmitae. WD Total number of dwe waits wd hoteltooms Ifa licable. vial Location and arnraunt of o esa s ace re[[Euxed and provided. ix) Phase Luesjf a licable. Figures vadic ass and nct acreage_ and areas to be dedicated for ubEc ri ts�-of-wa . Lxj Vehicular dpedestrian cixoulation ste includiu blocks streets. _ma' or points of access into and out of the develonmen edeslujan cross walks, medians and on -street RW"9.- xii Location of ppaggtrian access paints including connections to exis�'ng or 0 osed brad es raadwa or sidewalk areas- Submitted into the public record for item(s) PZ.4 on 03 P- 2022, City Cleric CFN 20200244820 BOOK 31909 PAGE 913 Amended Agenda Item No. 7(A) Page 12 xizi I,ocalio of laadin facslities, waste collection areas, and ether service areas. Flour plans and elevations of all str ctures, includiis grass s uare xootwe of each floor. Sections ofmjaor structures_ devrAgLn end. (e� Landscape_yIan(s) in accordance with C mter 18 —(A). exce t as mo lifed herein. Such other desi data as ma bes ecafied to satisfy a condition of approval of the Initial Review. U Administrative Site RIm Cleyeiopment parameters. Tt�e following develoent re ations sill TPlV to all develanment_ Athnn the sub zone. Parkin+: The table below indicates mmunum ng for eaoh tune of -use. Use Comme eia]fRetail. Rests lras�ts Bars. Convention I-Ialls and. Showrooms Office Government, nstitutio with Care Facilities Residents T Hotels Transit systexns including lylaintenance Facilities Other Uses Minimum Parkin Re usxem - is L9 sva= 11000 5F 0.6 maces 11000 SF 0 spaces per unit 0.3 spaceul room 0.6 soaccs 11-000 %F(excluc latform 50°/o Qf the re hired aarlsin indicated in Section 33-124 La) To mini,Yuze adverse visual effects of the StF[1C S II].15]l1- t0 orlon ara e5 farirn public and private mu., ights-of= wav, andlor public open space shall use screening Ineilaods including. without limitation: liner buildm9gs tazin . buildIn wall. extensions: vexlical planted _ wa'is• berm.&: iandscapin ar Ntectural Submitted into the public record for item(s) PZA on 43 10 Z4Z2 City Clerk CFN. 20200244820 B40K 31909 PAGE 914 Amended Agenda Item No. 7 (A) Page 13 fenestration; sculpture; desi o features, and/or other innovative screening methods. Q? Surface parking lots -fronting streets shall be located a uainimgm of 10-feet from the right of-wav and screened at the 10-foot Line with a wall havino a maximum height of 3 `5".11, hard-svape and landscape elements finished to match the exist]2tg4sidewalk Mech nized -parking shall be allowed and, wheu_vrovided, shad be exempt from the provisions of 5cetion U-122. For thepwp� of this sub Zone, mechanized parking shall be defined as a mechanism- with vertical and horizontal transport capability that provides for automobile story e and retrieval. A mechanized parking space shall be counted toward the parkins requirements of this Section. Mechanized parking may not be vrovided unless a aueuing anal sis is submitted and aymoved during the A 'strative Site Plan Review pracess_ �} R uired off -sircet arlcin for uses located within this Sub -zone may be located within one mile of the boundaries of the sub -zone. An applicant for approval of- development with off site parking -shall execute and record in the public records of this Count;v a declaration of restrictions tuved b e Director of the Departtnent. covenanfing that such development shy cease and _Lcn irate upon the elimination of such park-ing area, and that no development requiring such patll£in� shall be made of such propertt the rwWred varldnR area is available and. ppovid.4 (2} Setbacks, cubic content, and Iot size: La) Due to the unique ebaracteristics associated with the Wgh-dcmtv or hiQb-inter�si mixed -use develpp2 is coampiggd Rr this sub -vane there shall be no minimum setback from streets at grade and above_ the eighth flyar, inteilor/rear property lines ant "y ark ri way. I;7 Submitted into the public record for item(s) PZ.4 on O3 1U 2D22 City Clerk CFN: 20200244820 SGGIt 31909 PAGE 915 Amended Agenda ltenl No. 7(A) Page 14 There shall be no maximum or minimum lindtation on the size -of A loon plate. The minimum lot size re uized to develo RMuau these retz]aticros is 3LQQQ sainare feet. BuildinW and Structures above the ound floor may be btnit above colonnades andlor et'ieroacll untostreet setbacks but shall not extend into the public or priyatebht-af-way unless uemaitied by State law and approved by the 117.t�Dade County T]epsrtm�nt of Trannmlation and Public Works or successor a encv `vTPw" or h other ap,Pncy with authmity over the right- f_wa it isy vide& however, that,_ to the extent pM2tted by, State law and subject to the a royal oi' DTPW ❑r otiFer enc wzth authority over the right-of-way, and fbr the traalst�ort~atian ntupose of �roviding�a connecting_>aedestrin or vehicular corridor the stand may be covered above fte- first floor with ublicly-accessible structures counec:tim build" includin lot Onns fitted with trains and asse wihin areas' ro0fs,upper story tern_ aces pedestrian irzd es and automobile bridp,es between parn des. _ Acleguate clearance for structures above streets shall he maintained 02 Cantilevered - balconies .. a i weather--- rotection elements and s'niijar features with adequate vertical clearance may encroach into ub=t xi hts-of way but shall not Mend closer than six(0 invbes from the curb face. FToar Area Ratio and Ioc cavern e: Tlae floor area rao� lot coverage and max:muln Smuara Footage of buildin s to be devela ed within the sub -zone shall not be livaiird. Q) Buildi . ht: Th(--maarimum buildin het #shall be t#ie maximum allowed by the Miami -Dade AvxaT]on D g1t�)-0 iitS successor 09 Submitted into the public CFN 2020C244820 BOOK 31909 PAGE 916 record for item(s) FZ.4 on 93 1M Z022 City Clerkv Amended Agenda Item No, 7(A) Page 15 agency in accordance with the zoning regulations for Miami Into mational Airportprfl dad in chapter 33, bL� CJpen Space.- The minimum opens ace recuitemeat shall be_15 percent of the gross development area ens ace shall include arks, plazas, balcQnies. paths, rooftop -green spaces above bui] in s and arkin _garages and transit latfarni areas im roved fox pedestrian comfort. 7� Sans: Signs' visible from public ri is -of way or ublkc areas shall camel_Y wifh sec-tzan 33-284 $7 of tl2is Code, except that Mass C si gns may ptMitted in accordance with section 33-107 of this Code The sign a lan submitted with the 9P12fication for fmal site plan review shall contain criteria, locatiaxts and sues of suns_ M Dens�.' Residential density shall not exceed SUS units per pjoss acre. f. Architedural Lxpression: Stdlding facades facing uhlic =d plivate sheet riphts-of-wav or kuLblic o eA space or both shall. be a minimum 40 percent. glazed. Glazing is not rquired for building facades that face the Met orail or Metromover n is-af--way or for above de Parking eara-ae structures tliat face public and private streetrip-h#sQ-wa jpuiaiic o�sen space- however, oweyer;p games shall conform ty tie par]= standards included herein. Blank walls facing public, and privatr, street righfsz f--wav and public open space shall be prohibited unless furnzslied with some type of arti;g, expression, such as sculpt —re, mosme and su nil$r features, LUO Larrdsca rn : LandscapingLandscgping shall conform to the standards set forth in sect_iou 18A-6 Code of Miami. Dade County. as applicable to non-residential development, with the following exceptioms: 1l . A minimum of 30 trees per net acre of open agate shall be provided. Trees may be placed in the lot, or m; Weeng squuares. plazas and s'r}'eet medians within or in closeoroximity to this sub -zone. Lot trees sbaU have a minimum 2-iuch diameter at breast hei t. kcovti-r y yN U U. 4 L DE tz" Submitted into the public record for itern(s) PZ.4 CFN' 20200244820 BOOK 31909 PAGE 917 on 03 14 2d2Z, City Clerk Amended Agenda Item No. 7(A) Page 16 s Street trees shall be planted at_a maximum of 3 Q feet averw on center, with a mhiimum 3 - inch diameter at breast_hei&ht. Stteet_trees shall be placed inside landscaped strips, tree Planters- and in medians in the xi t-of--way or on private property where demonstrated to be nemsary due to obstructions_ as detLrm ed by the Dwaartmcmt of Transportation and Public Works or its successor Department or -other ag=cy with jurisdiction. Service areas and mechanical equipment.- Service areas and fix-iures shall be screened and located so as not t e visible from public and pfivoie n -of- ,rav n= public open space= Mechanical equipment instaUed on goofs shall be screened from Njew by parapets or other architmtural elements_ Fixtures, including but not limited to backflow preyenteas, Rumps, underground ventilationexhausts. and electrical vaults, shall be located within or to the side or rear of bud.diags: such fixtures shall not be located within the street setback area. Bad&w preventers shall be shielded fromyji vv, as required by section 32-157 d . Alcoholic Beverages: Tho restrictions on premises used for the sale of alcoholic beveraizes set forth in chapter 33, article X of this cede regardinghours and dalT of sale distance from other jLiemism used for the_sale of alcoholic bcyerages_anri distance from schooLs or religious facilities shall not Only in this sub -zone. (H) PIan Review &I ndards. Tbe�urpose of the plea review standards is to encourage the cresiiou of development within the Brickell Tub zane tlzat ' consistent with the intent and pm -poses of these regulations, acts as a signalcant gateway_ for and destination to the Brickell area and facilitates its {utuze awfh b desi and ari'an g 1puildin�pu171ic open syace, transit, and sheep circulation in a ma per_ that fosters around -the -clock pedestrian activity serves the local annd regional transit demands of the cammunitY= coarributes to the urban revitalization of the City of Miami. and ! =T encoura egrs public service, infrastructure, ox RI.blicbenefi_t CUIn 4nent5tb address the needs Of a winp, populatlon. 'J " Ca i" e�CJ submitted into the public GFN-. 20200244820 BOOK 31909 PAGE 918 record for item(s) PZA on 03 10 2022, City Clerk Amended Agenda Item No. 7(A) Page 17 . A mix of uses in the design of development projects is encouraged to the maximwn extent possible. Mixed use buildings, including, without limitation= residen ' cammer - ofhce. hotel and restaurants. are hiebly encouraged in combination with transit and other gov=mental facilities. eve p MCtl vehicular connecti ns to the adjacent block and street netwo>�kPedestiian cross-waiks mcviding safe passage £rom adjoining streets and blocks into the development project of the -sub-zone, shall be iustalled at street corners and if praclicabie mid lock locations. Crosswalks --ball be distiu ished from o er street elements b the use of conspicuous materialstexture and -color. Public open Mace in the form of lazas_ squares, dens and landscaped areas shall be inrarporated in the design of all devel meat wco ects at grade or on abrnre-grade surfaces. Tlxublic open aces sbould have a scale that is compatible and CoLnplein=tary with ft i 2jgnsi� t�+ of proposed development. and their design --herald relate to the development`s cony eat. Landscaping ftuuiture, arl paved_pedestsan paths_ d li #in unong other features should be used 19 esahanae the ens es edestrian ex erienm (41 Consideration should be umn to provides landsca iu in a rnazuaer that reduces the beat i land effect of the develo aient on the urban euvixonrnent. All new development shall strive to _ meet certification standards froze Florida Green Build=' Co.a3.ition or a.sin�ilaLor ani.xation.. - . L6) Developments shall be designed with a coordinated outdoor lighting and sigMe system tiaat is an inte aI art of the ro'ect and cant atible and harmonious with existing and proposed development ju the sub zone and with surrounding uses. Si e should clearly indicate locations of and wide destrians aDd vehicles to ro osed arldn areas transit facilities,pennitted uses, and surrounding activities and- uses. Proposed buildig scale should be in harmony with baildinu scales allowed by applicable City of Miami ps, _ =� •�-, regulations for surroundu� xa erties. Boil sand_ their 1 dsc ees shall he built to the sidewalk edge in a a manner that ftam.es the adjacent street to create _ ,21 Submitted into the public retard for item(5) PZ.4 on 0311o12oz2, City Clerk CFty' 2t72t70244$2t? BOOK31909 PAGE 919 Amended Agenda Item No. 7(A) Page 18 pubho space in the street corridor that is comfortable and interestirt es wall as safe for Dede . ans. Arcksiteciural elements of street Level . shall have abundant fenestxatio - windows and doors and desim elements that create interest &I the pedestrian. , „ carer ectians via bride . Baths, sidewalk.. or a conbiaation of suctx features to gacent or nearby Metro rail and Metromover s stems. I� Plawn . Separate arcels located within sub -mire and trade subject to auT)jtY of title or cover�antin liauofwut of title &Mall not be deernrd a suhdivisinrt and shall be exemyt from the glail7n reguiremenis of cha tar 28. Con}iicts. The dvu<;lapmeni review procedures. stan ds s and criteria set forth in this section 33C-10 shall--gnv;"rn in the event of co flirts witU other zonin. suhdivisia& or landscape re uhations of the Miami -Dade C❑ Code yr with the Miami -Dade Cann Public Works Manual. LK Amelic Meets_ Al least ed public iaearin of any amendments to this section 33C-1.0the _Caurt shall mail ore -mach a ro�Y 4f the �rropOSsd ordinance to the Ci Clark aril the Cit Attorner ofthe City of 1_I�ami. The communication to the City shall include the date of the scheduled ui�l.ic hearin .mac 5ecfaant&... Section 33.-314 of the Cade-ofMiami-Dade County, Florida is hereby.amended as follows: Sec. 33-314, Direct applications and appeals to the County Coiximirs3ion. (C) 'The County Commission shall have jurisdiction to directly 1,ear ether applications as follows' K Submitted into the Public record for itemW PZ•4 on 03 1D .0Z2, City Clerk CFN: 207LQ244$2Q BOOK 31909 PAGE 920 Amended Agenda item No. I(A) Page 19 (lo) Upon application for, hew and decide appeals of decisions of the Rapid Transit Developmentai impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(2)(d) and (2)(e) >> s, _ection<< [jet Win]] 33C-9 >> or section 33C-10<< 114-4he Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid; the remainder of this ordinance skull uvtbe affected by such invalidity. ection S. It is the intention of the Board of County Commissioners. and it is hereby ordained that the provisions Of this Ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida, The sections of this ordinance may be renumbered or relettened to accomplish such intention, and the word "ordinance" may be changed to "section," „article," or other appropriate vmrcL Section 9. This ordinance shall become effective ten (10) days after the date of enact -nett un] ess vetoed by the Mayor, and if vetoed, shall become effective Only upon arz override by this Board. PASSED AND ADOPITED: June 5, 2018 Approved, by County Attorney as to form and 1 egal suffi. ciencv: Prepared by Dennis A. Kerbel Prime'sponsor- Chairman Esteban L. Bov o, Jr. MRBIT 18 Brickell Station Subzone NOT TO $CA& C n N CD N 0 CD A k ri N O W ❑ x w CD m G) m 1 Submitted into the public record for item(s) P2.4 on Q3 1� 2022 City Clerk CFNV 20200244820 BOOK 31909 PAGE 922 Exbibit G. Xnterlocal Agreement [Attached} Submitted into the public record for item(s) PZ.4 on 91 lt7 Z022, City Clerk CFN 20200244820 BOOK 31909 PAGE 923 U TERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL _METRORAIL STATION ��_0/ This Interincal Agreement ("Agreement-) is entered into this -day of u� .�2018, by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of MiaraL a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The. Florida Interlocal Cooperation Act of 1969, Chapter 163, Section 163.01. Florida Statutes �2012), Section 6.06 of the Miami -Dade County Home Rule Charter, and Section 33-314(A)(4) of the Code of Miami -Dade County, Florida. M11121I zi:i] WHEREAS, the County has adopted Chapter 33C of the Code of Miami -Bade County, Florida ("County- Code"), which establishes the Rapid Transit Zone ("RTZ") and grants esciusive jurisdiction to the County for purposes of building and zoning approvals: water and sewer installations, environmental compliance. street maintenance, and utility regulation for all property Located within the RTZ; and WHEREAS. the City and the Cou.nt,- have a long history of mutual cooperation with regard to planning for and development in the RTZ, and WWREAS, the City, by Resolution No. 78-45 3, urged the Cottnty to provide for joint private and public development opportunities, including essential retail services, employment centers, housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding of desired improvements-, and L � Submitted into the public record for item(s) N—A on 03 10 Ton, city Clerk CFN: 20200244820 BOOK 31909 PAGE 924 V67-IEREAS, Chapter 33C provides fair municipal participation in the design, revieW. zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC"), which includes representation from the municipality in which the Project (as defined below) is located_ and would extend the boundary of the RTZ to include a Brickell Station Subzone ('`Subzone') on that certain propem, located within the County and the City, as depicted in the attached Exhibit ` 3", and which would establish development regulations and a development review and approval process applicable to the Subzone; and WHEREAS, the Subzone is located within the City's "Urban Central Business DistricT" as designated on the City's Future Land Use Map and within the Downtown Regional Urban Center as designated on the County's Future Land Use Map; and WHEREAS, the expanded boundwy of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit "C" (the "Property") which are owned by the City of Miarni and Southside Place, LLC. its parents, affiliates, successors and/or assigns ("Owners"). and Owners desire to develop and operate a City of _Nliami Fire Station, public - private pail ing garage, and mixed -use center (the "'Project"), integrated with the Miami -Dade County Metrorail and Metromover systems_ and WHEREAS, the Project abuts and shall be integrated with existing. County -controlled public transportation facilities, including the Brickell Metrorail Station and the Metrornover sy-stem; and Submitted into the public record for item(s) PZA on 03110J2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 925 WHEREAS, the Project is of Countywide and regional importance and -will brine substantial public health and safety benefits to the residents of the Cit}r, economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County. and reducing area traffic congestion and pollution as WHEREAS, as set forth herein. the County and the City wish to coordinatc and facilitate the development of the Project in an expedited fashion under a single regulatory authority, thereby avoiding duplicative or inconsistent regulations and processes, NOW THEIIFCRE. in consideration of the inutual covenants expressed herein, and other good and valuable consideration, the suffic ienev of which the parties hereby acknowledge, the County and the City agree as follows: Recitals, The County and the City agree that the above recitals are true and correct and are incorporated herein. 2. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the requirement tlyat development within the R1Z conform with applicable provisions of Chapter 33C, as amended, remains in h:li force and effect. The City and the County, expressly recognize and authorize the expansion of the R7z zone boundaries to include the lands located within the Subzone, including the Property. 3. Count►- Review and Approval of Project. The County and the City agree that. upon the adoption by the Count) of an amendment to Chapter 3 "C of the Code of Miami -Dade Counry. Florida., in substantially the form attached hereto as Exhibit "A", the County shall exercise exclusive land use_ zoning. and building permitting iWisdiction over the Subzone, the DE D Submitted into the public record for item(s) PZA on 03 io 2-022, City Clerk CFN 20200244820 BOOK 31909 PAGE 926 Property, and the development of the Project and shall; in accordance with its rules and regulations, perform all regulatory reviews relating to the d eve lopment o f the Project_ including, ,Aithout limitation, zoning approvals and construction permitting, 4. Exercise of County Jurisdiction. The County agrees that the County sltall counties and urban centers throughout the Mate of Florida and that is consistent with, and supports the City's commitment to. principles of urban planning, including responding to the existing conditions oil the City, its dowmtown corridor, and its natural features, infrastructure. and buildings. The City shall continue to provide all other municipal services within the Subzont such as, but not limited to. police, fire, parks, solid waste. business licensing, and armual inspections for fire and elevator safety, .It is provided, however. that the City shall be responsible for ensuring that referrals regarding enforcement of land use, zoning. or building code requirements that result from any City fire inspections, emergency responses, or other Cin' actions are timely transmitted to the County's Building Official. Furthermore. the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property owners and tenants of the Project are also informed. as to these jurisdictional matters. The City and the County may memorialize or effectuate these processes by any supplemental instrtunents that may be deemed necessary. �. Ordinance. The Counter and the City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A", shall govern development within the Subzone and on the Property, as supplemented by this Agreement. Submitted into the public record for item(s) PZ.4 on 03110/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 927 ta. Sauthside Park. The City -owned Southside Park is located within the boundaries of the Subzone, and County and City agree that Southside Park shall remain as a park at the City's sole discretion. RTDIC. The County agrees that the City shall be entitled to appoint up to three participsnts to the RTDIC for all meetings of the RTDIC related to the Project, and that the Citv', appointees shall all be individuals with technical expertise and professional decrees in at least one of the following areas: tail transportation, (ii) architecture, (iii) engineering, or (iv) law. In the event that the City representatives present at an RTDIC meeting to consider an application for development within the Subzone do not concur with a recommendation for approval or an admir]istrative approval of an application, the recommendation or the decision shall be for denial_ In the event the RTDIC issues a recommendation or a decision for denial, the affnnati-Ve tote of nine members of the Board of County Commissioners shall be required to override the denial. Allocation of ❑ev-elo Prneat Fees. The County- and the City agree to allocate the payment of development and permitting, fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction permits; (b) The City shall collect from the Owner all unpact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, associated with the Project: shall be collected from the Owner by the City and the County in accordance with their respective impact fee ordinances_ 9. Public Hearina. At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-10 esee Exhibit A). the County shall mail or Submitted into the public record for itern(s) PZ•4 on W 10 20Z2 City Clerk CFN 20200244820 BOOK 31909 PAGE 928 e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney-. The communication to the City- shall include the date of the scheduled public hearing. 1 U. Authorit4 to Effectuate this Aareemen#. To the extent permitted by [aw and required by this Agreement. the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. H . Term of Agreement_ This Agreement shall remain in effect for 30 years, and thereafter automatically renew- for successive 10 year terms unless terminated by rrttitual agreement of the County and the Cite, as approved by majority vote of their respective governing bodies_ 12. Compliance with Laws. The parties shall comply with all applicable federal, state and: loca[ laws, codes; ordinances. rules and regulations in performing their respective duties. responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement. The parties shall not unlawfitlly discriminate in the performance of their respective duties tinder this Agreement. 13. Distrute Resolution; Applicable La►►,. The parties shall resolve any disputes_ controversies or claims between them arising out of this Agreement in accordance with the "Florida Goverruuental Conflict Resolution Act". Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida_ Venue in any proceedings shall be in Miami -Dade County, Florida and each parry shall be responsible for its o�vn attorneys? fees. 14- Entire Agreement: Amendments. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein. and the parties agree that there are no commitments, agreements. 4 � y uc.n•rv.t lF Submitted into the public record for item(s) ky.4 on � ].4 2 2 City Clerk CFN: 20200244820 BOOK 31909 PAGE 929 or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation f= orn the turns hereof shall be predicated upon any prior representations or ab eernents. whether oral or written. No modification, amendment or alteration in the terms or conditions contained herein shall be etiective unless contained in a written document Prepared �h the came nr cimi)ar fn, itt as this Agreement and executed by the parties, except that on behalf of the City. forcre amendments ina,• be approved by the City Manager and will not regUise appi-oval by the City Commission. 15. Joint Preparation. The language agreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construction., be construed more severely against one or the parties by the other. 1E 5everabilio:, The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in parr, except to the extent that such invalidity or unenForceability causes the agreement to fail of its essential purpose. In the event a finding of invalidity or unenfarceability by a court of competent jurisdiction causes the agreement to fail ofits essential ptupose, either party shall have the right to terminate this Agreement upon written notice to the other. 17. M iscellanc anus Provisions. 'title and paragraph headings are for convenient reference and are not a part of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provrisian hereof, and no waiver shall be effective unless made in wv+riling. Submitted inro rF: record for it e Public on 03 a n(s) PZ.4 10 20Z2, citClerk CFN. 20200244820 BOOK 31909 PAGE 930 18. !Notice. Any notice proviucAi pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service, or certified mail, return receipt requested_ postage prepaid and received by the addressee. Notices shall be sent to: If to the City; Ciry Manager City of Miami 444 S.W. 2nd Avenue, 10th floor Miami, Florida 33130 With copies to: City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami. Florida a3130 Ifto County: Mayor Miami -)glade County I t I N. W. t st Street 29th Floor Miami, Florida 33128 1N'ith a copy to; County Attorney Miami -Dade County 111 N.W. 1st Street Ste. 2810 '_1+tiamt, Ronda 33128 l9. No Third Part► Beneficiaries to this Agreement. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under er by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this .Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement: or (c) be construed as a waiver of sovereign immunity of the parties hereto under Section 768.28, Florida Statutes. Submitted into the public record for item (.q on gqjW2,,22, , City Clerk CFN 20200244820 BOOK 31909 PAGE 931 IN WITNESS NV-ff REOF, County and City have executed this Agreement, or have caused the same to be executed, as of the date and year fast above written. ATTEST Harvey Ruvw_ Clerk- of Courts ATTEST ry VJ, Todd B. Ha�al� City Clerk APPROVED AS TO FQR- l AND CORRECTNESS,� Victoria' &-Ag!rez City Att T ey MLA-MI-DADE COUNTY, FLORIDA A political subdivision of the State of Florida 44' a , I - ��, Al C ar6f"X7 CTi M-e- n`6A C VO S T E R H 0 LT County Mayor DEPuTy MAY()R MIAMI-DADE CTY. FL CITY OF MIAMI, a Municipal Corporation of the State of Florida Emil T_ Gonzalez CitZanager .kPFROVED'AS TK7RNSURZCE REQ-u Risk 19 Director Submitted into the public record for itern(s) PZ.4 "I D3 1Q20Z2 City Clerk Exhibit H: Project Plans [Attached] CFN 20200244820 BOOK 31909 PAGE 932 Su mitted into the public rec ord far item(s) Pz.4 on O 1Q 2o22, City Clerk Cellar Level 2 - Valet Parking m° c �,q sLKnU OXTv SHOP ARCNITF('TS PC: AI I RFGHTS RFSF.RVF[]. Sulj03 tted into the public reCfor item(s) PZ.4 on I0 2022, City Clerkv A 0 CO 0 JOS FKf S Gf104P T.Q Submitted into the public record for item(s) PZ.4 on OILI 2022, City Cleric Cellar Level 1 - Valet Parking t:7+11'[SISIF' AIn:HIFFC:TS PC AI L RfGH15RFSEWLD. n z N 0 N Q q N 03 W O iQ O u m a co JDS Y} nrv¢I.ovMEHr � ` cllnuP Cn Submitted into the public record for item(s) PZ.4 on 03 10 2022, City Clerk Ground Floor - Fire + Lobbies I ] -•""may"'-- - 13 i L • rt{i �9ttq 5Lt1 'it' I i i pry, • . _ i ,r . ;� ... 0 n* SI1OP ARI"WFOIS fY:, AM MnHr5 a r � d a cp M JD*a Rcruownerrr GROUP ffl Oi Submitted into th record for items; on 03 1O 2U22 C Mezz- Parking Ramp C?G 17 SK)F' NICIM CC TS PC. ALL QIGHiS RFSNW) e public Qz.4 ity Clerk 0J a rTi W [P 0 JD5 OEVCLOpMEkT GRCIIP W V Submitted into the public record for item(s) PZA on 03/1012022, City Clerk Level 02 - Fire + Parking + Micro Units 0 20 11) S 410 P ARCHITFCTS PC All NIGHTS k9t RVF[i 03 H mo c>� Yy� F.?" silo ARGUu CO W m M anaau inaw�rniani u sac 4 rn Q Y 0 07 maal:) Al!: ZZOZ of £o uo F-Zd Mwax! JN paoaaa a!lgnd aqi mui paii!wgnS O101W - CIM35313 SJPOI I Iry '.?d SID.311H.NIV d0H%Otte ? �,s�tSS Yrrl�' J ter• rx = Ffr��bl3 �� - Burled 80 - 20 slan01 6 V W dnau� L�� 50f a cri �aalJ Al!:) `ZZOZ OT £0 uo b'zd (S)W,31! ao; paoaaj ai!gnd ay} Gaut palipgn$ ❑ao3W - 07Ai S-9 SUIOM 77V;M S I J3J IH:AIY d0H S NO?,,M 5UPIJed S L - 60 SIOA01 Level 14 - Service + Mechanical + Wellness u 2010 SE [OP ARC EE1f:CTS N'. Al E pK:lirS RERRVEQ 5ubmitte into the public record fv item(s) pZA on 03 10 2022, City Clerk f I j)PCLek4areq',TOOM r, POO I L I - -•I• .N• i ' j (VEfi.F 1� r¢[�ns W:7hlf+� Y f� +I�ViJrri ,A ENMEW _ I I !II � j ,• E� � � i �N'MNG r f.E r1EwHG � r p `— — — On N CD 0 x 0 w JD5 GFO�.,, S UP EO submitted i record for it on 031in17i Levels 15 Wellness + Office 42010S4aPARCHITFl:TSN; RI! RIGIPISOLSEWCP the public {s} F Z,4 City Clerk W D [0 D fD JI IUDs, navFrT [.nnuv c� A N Submitted into the public record for tem(s) RZA on 03 1D OZ2 City Clerk Levels 17 Wedness + Office *?b0 SHOP ARCI II1[CYS PC Al l MOW' RF SFIIYtO n z R7 0 N 0 0 N A A m N Q a x CD 0 so JD I naA1F3lT f-RIN f Re111P co 41 W submitted into the public record for item(s) p2.4 on 03 10 2022, City Clerk Levels 18 Wellness + Office G I I u f I I (3: a' i! I rn i. K E f I. a5201A %N P ARCI IITECTS PC. ALL WN4TS RESERVED. t7 Z N O 0 0 ry Go N O UD 0 x w (0 0 w cos GROUP rMtia`I-r eleouP (L3 A Levels 19 Wellness + Office L 0 A. 9•I - plip•� i i�. T � C�R,q SLMCci 4�2OW SkIOP ARGHITEC;IS PC.. AU RIGHTS RESERVED. i ELEV LAB6Y I 0FRGE enr+ ti. F a a x {-j ■I K ■• r ■ ■ ■ .. it K � f Submit ed into the public record or item(s) Pz.4 on 031 O 2022, City Clerk n -n z M O RJ 0 N) A a W N O W Q O L.7 CQ O (9 JVD �r S OPM CAf.flP A CTI Levels 20 Wellness + Office 1. ClR C41r aft % PIN 55 �k1 "Yi1,k gy�4� I f, 2019 St K)P ARCBITEC7 S PC. ALL RIGFffS RF..SFWEF) r f LI Lev CO6Br• ' 11. Tir ■ OFFICE w w • ` n..�irif. I r � , r■r y �� Ai�HPri �l submitted int the public record for ite {s) RZ—A an 03 IO 702 , City Clerk n TI z B U n n ry A A NI ID W O 7 W 0 JDS f1Fti i�r-U'• 4_ C Hi�lf f .Q Q] Submitte j into the public record fa item(s) pz,4 on 03 10 2022 City Clerk Levels 21 Wellness + Office ,1e It F! ri !I �� ClRE+Urr� a 5 t n A`�1OA Skx�� O 2019&K)P ARC IIr1 EC tS PC All910 r1S KSFAVf0 W 6 J#]5 sh O FVC1Ai'NILNr GHOup 4j V Levels 22 Kitchen + Office Conference Center A' LL" i c L' I' 11 1 i CERCIffr, N1 N - d�W A �y� o 4 X,19 SW)P ARCHliEC:i4 PG. AG. 91rH(S RESERVED -k!:::: 1;P I �-Ivac r - � i •� ncv Loner: x}rrnrq - firA SF r YFr— ■ ■ _ ■ 4r, ■ �Elllr! El •FFllll•:- iri11 1111� LY1i+ { Submitted into the public record for item(s) PZA an Q3 ID 2D2z, City Clerk 0 r z N 0 N O 0 N A W N O ®R Q W Q Jos f1EVEr-ORIIIiM1 GROUP [A A Level 23 - Events + F&B + Main Pool Deck m 2018 Sf k]P ARCHRFL:TS EY:. ALL kIGHI S PHSHNU) bmitted into the public card for item(s) Py,4 911190022, City Clerk W 0 7z W !D O fP ips Sn"n oa,Rcwr cnnua cfl lD Levels 24 - Fitness + Hotel { �' I �� Tom, ISiMYSN i �6V � �1u1NSH I _ 0 20 W SWXI AWHIIH:IS PC; All lilt1115 RL gl?VE[I. Submitted into te public record for item on 03 Z022{C~4 1p ity Clerk 03 0 W [fl O [D J4ia EEOPM-rr S Gnaur rA V't C7 Levels 26 - 34 Residential + Hotel v M 1 R SI K)P AWI PTU:fS PC Al l WGWS RESERVED Submitted into the public record for item(s) EZ,4 on 3 7.d 2UZ2 City Clerk a Cp v JD,� s aa�rEt.orr.�us [11 Level 35 Mechanical + Resi Amenity 11 I C VP r� d 2ON SHOP MCHMOTS PC. ALL RIGHTS RESERVED Submitted into the public record for item(s) PZA on o3 10 2022, City Clerk I 1AE SF I I , 1�h 1 r I Mgt r wo+7Knm czt et de�u,r,rn ' # s KfCpnNl4rU4ry - - v I i W Q J05 . wl nROUP t}ti ry Levels 36 - 45 Residential 4: •J I IC CPRCU�T s f+ P G I -Tflifl S1Kr 0701851 KJP AAI:FII1Fi:fS Pi: All WI HISRLSERWE6 _ • • J:L • I 3.. , J Submitted into the public record for item(s) PZ.4 on U3 10 z022 City Clerk O [D JDS MPLOOM GRMfc CJi W Submitted into the public record for item(s) PZA on 03/1012022, City Clerk Levels 48 - 58 Residentia I i Cn195>IOPARC 111TLr1SK ALL RIGHTSRESERVED- co 0 JDS OEYWCOOMtgr 6*0PIP [D CSt A Submitted into the public record for item(s) pz.4 on q IQ 2U22, City Clerk Levels 59 - 61 Residential c•7c,19SIInP,ARC HHEt3SPC AGLRi KrSNL:.fWPO C) 6 2 N O N O O N A OD O m 0 [D O tD iDs GIB+ S opalla [C] Ll7 C1'I Submitted into the public record for item(s) PZ.4 on g 10 2422 City Clerk Roof Residential Amenity A- - X. 709 YIM' Mri 11 i[CTS P, Al 1 RIG141S RFSFRVFD w O 0 w 0 �a ��� OiViI.OPliflli C.W+JoA Cn (D 67 Submitted into the public record for item(s) EZ—A on 03 10 2022 City Clerk CFN 20200244820 BOOK 31909 PAGE 957 Exhibit I: Cit yof Miami Insurance Requirements [Attached] Submitted into the public record for item(s) PZ.4 on 03 1Q ZUZZ C+ty Clerk CFN 20200244820 BOOK 31909 PAGE 956 EXHIBIT I ViSURANCE REQUIREIV ENTS FOR A CERTIFICATE OF INSURANCE- P[BLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE -NEW FLRE STATION NO. 4 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S1,000,000 General Aggregate Limit $ 2,00t?,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury S I,000.000 B. Endorsements Required City of Miami listed as an additional insured Continent and Contractual Liability Primary and Non Contributory Clause Endorsement Premises/Operations liability Explosion, Collapse and Underground Hazard Completed Operations covered for a minimum of (3) years following Project completion. II. Business Automobile Liability A. Limits of Liability Bodily Fniury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident 5 1,000,000 B. Endorsements Required City of -Miami listed as an additional insured Submitted into the public record for iterr%W P1•a on 03 10 2D22 city Clerk III Worker's Compensation Limits of Li ability Statutory -State of Florida W ai per of subrogati on Employer's Liability CFN 20200244820 BOOK 31909 PAGE 959 A. Limits of Liability $500-000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence 5 4,000-000 Aggregate S 4,000,000 City of Miami listed as an additional insured Excess Follow Form overall applicable liability policies, V. Owners & Contractor's Protective Each Occurrence S3,000,000 General Aggre�crate S1,000,000 City ofMiarni listed as named insured Vi. payment and Performance Bond S FULL VALUE City of Miami listed as Obligee. Bond must comply with 255.05 FS 4 - n• J i�i Submitted into the public record for item(s) P7.4 on 03 10 2t}Z2 City Clerk VII, Builders' Risk CFtV 20200244820 BOOK 31909 PAGE 960 Ca+sses �f 1 a�.s 11-Risk- pec 4c-Covemg-P—P-rot then Valuation; Replacement Cost Deductible S10,000 All other Perils 5% maximum on Wind City of Miami listed as loss payee A. LimitAfalue at Location or Site S B , Coverage Extensions: As provided by the carrier The above policies shall provide the City of Miami with written nonce of cancellation or material change from the insurer not Iess than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications. shall issue all insurance policies required above: The company must be rated no less that: "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Qldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Submitted into the public record for item(s) PZA on 03j10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 961 Exhibit d: Southside Park Improvements Plans [Attached] 5outhside Park Design principles 4 i y ,'ice: .i�-?�:^'•.i ,.. _ ':. ... ._�. 7.r .7 dr r•fl_... 7, I. S•. . -dill -- vF ri 1 .. •F' ''f� .. '�- 1 CREATE A CONNECTIVE AXIS q I oil .Al A. III P. wvpo� KEEP IT GREEN .pMMF5 L;I IRWR FR:4G I.R FIATlrX7$ ! 133 SW AC ALL f MIAML I ! ,tell' !!eH n•" y. I I.M„i i 'Y7 {jjj� �' ���,. �T cal. - .. - Ei •• 4,, ��3� `k �1F 7 "i11:7 �� '*I'IfSf, 1 • • ! I 1 dL fi�fifjlYill t .�ri:. er -. .. ,r p, I:I r..::. Lae .FO:t . .: 19",1 .9rvlY, .tea+"P REORGANIZE PROGRAMS v f/a�yy 11Lf_{hWLR �fl {f�ij tp N Southsido Park Plan ienL nenwrss Ens:r+n ..Ne LYR ir 'Y un cmx y LAMES i t:tkNER FILIR I kPfPATv JN$ I M.i SW;!NO AA IMIMM, II- SW 1 i7H STREET i.nend 4 scnodhousaFHB plavground I J © lawn wmer feaTam a kiosk ` o dog park 14truss court water fall I J_ 1 0 ewstmg tree trunk I oIcisting tree II .i � new true r � Z l v ] A Sw 12TH STREFF I F � j W P rp n SCALE 1 "=50' 10 '2090 10,01 oI CLMutR nI AR ' hir Submitted into the public record for itern(s) PZ.4 an 03 10 2022, City Clerk Sauthside Park Axon STATE OF FLORIDA, COUNTY 4F MIAMI-DADE wez�uh I,IGS I'1 )AVLIF1 rtc,PE I L R. H45 HERE BY C CRTITY to � l4 fQ �} rC 51:�3 SW jiJi1 RK wAA,, � L i n' i rega'.g rs a hue im correct copy of the ,B r cilginm tTted is this 0m. �.a AC 20�� ,•,�,^ EY a!�nMONA it and County Courts BRUNO #79806 Submitted into the public record for item{sjl PZ.4 EXHIBIT B on d�2p22, City Clerk Exhibit G: Interlocal Agreement [Attached] Submitted into the public record for item(s) pz.4 on 93 D ZOZZ City Clerk INTERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL METRORAIL STATION This Interlocal Agreement (` _Agreement') is entered into this day of ? V , .018. by and between _Miami -Dade County, a political subdivision of the State of - - Florida. ("County "). and the City of Miami. a municipal corporation located within the geographic boundaries of Miami -Dade County-, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1969. Chapter 163. Section 163.41. Florida Statutes (2011). Section 6.06 of the Miami -Dade County Home Rule Charter, and. Section 33-314(A)(4) of the Code of Miami -Dade County_ Florida. WITNESSETIT WHEREAS. the County has adopted Chapter 33C of the Code of Miami -Dade County, Florida ("County Code"). vvluch establishes the Rapid Transit Zone (' RTZ") and grants exclusive jurisdiction to the County for purposes of building and zoning approvals. water and sewer installations, environmental compliance. street maintenance. and utility regulation for all property located within the RT2: and WHEREAS, the City and the County have a long history- of mutual cooperation with regard to planning for and development in the RTZ; and WHEREAS, the City-, by Resolution No. 78-453, urged the County to provide for joint private and public development opportunities, including essential retail services. employment centers. housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the Count in the planning. programming and funding of desired improvements: and Submitted into the public record for item(s) P24 on ol�a 2Q22 . City Clerk WHEREAS. Chapter 33C provides for municipal participation in the design. review. zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC" ). w-hich includes representation from the municipality in which the Project {as defined below) is located: and WHEREAS, the County- is considering the adoption of an ordinance (Exhibit --A'-) which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone") on that certain property located •A-ithin the County and the City. as depicted in the attached Exhibit "B". and which would establish development regulations and a development review and appro%ml process applicable to the Subzone: and WHEREAS- the Subzone is located within the Citv-s ''Urban Central Business District' as designated on the City's Future Land Use Map and within the Downtown Regional Urban Center as designated on the County°'s Future Land Use Map: and V4I-IEREAS. the expanded boundary of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit "C" {the "Property") which are owned by the City- of Miami and Southside Place, LLC. its parents. affiliates, successors andlor assigns {--Owners"). and Owners desire to develop and operate a Cite- of Miami Fire Station. public - private parking garage. and mixed -use center (the "Project"'). integrated with the Miami -Dade County Metrorail and'Metrotnover systems: and WHEREAS. the Project abuts and shall be integrated with existing. County -controlled public transportation facilities, including the Brickell Metrvrail Station and the N7etromm er system. and Submitted into the public record for items) pZ,4 ❑n 03 IO 2OZz, Cite Clerk R'HEREAS. the Project is of County"ide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the Count, and reducing area traffic congestion and pollution as we11 as providing improved public safety for this area of the City: and WHEREAS. as set forth herein, the County and the Cite wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority_ thereby avoiding duplicative or inconsistent regulations and processes. NOW THEREFORE. in consideration of the mutual covenants expressed herein. and other good and valuable consideration. the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: Recitals. The County and the City agree that the alcove recitals are true and correct and are incorporated herein. I. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the requirement that development within the RTZ conform with applicable provisions of Chapter 33C. as amended. remains in full force and effect, The City and the County expressly recognize and authorize the expansion of the RTZ zone boundaries to include the lands located within the Subzone. including the Property, 3. Count- Review and Approval of Project. The County and the City agree that, upon the adoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade County, Florida. in substantially the form attached hereto as Exhibit "A". the County shall exercise exclusive land use. zoning_ and buiIding permitting jurisdiction over the Subzone. the Submitted into the public record for itemW P7.4 on ovioaon ---, City Cierkv Property. and the development of the Project and shall. in accordance with its rules and regulations. perform all regulatory reviews relating to the development of the Project, including. without limitation, zoning approvals and construction permitting. 4. Exercise of County Jurisdiction. The County agrees that the County shall exercise its jurisdiction over the Project in a manner that addresses the transportation needs of counties and urban centers throughout the State of Florida and that is consistent with. and supports the City's commitment to, principles of urban planning. including responding to the existing conditions of the Cite. its downtown corridor, and its natural features. infrastructure. and buildings. The Cite shall continue to provide all other municipal seivices within the Sttbzone such as. but not limited to, police. fire. parks. solid waste, business licensing, and annual inspections for fire and elevator safety. It is provided. however. that the City small be responsible for ensuring that referrals regarding enforcement of land use. zoning. or building code requirements that result from any Cite fire inspections, emergency responses, or other City - actions are timely transmitted to the County's Building Official. Furthermore. the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property owners and tenants of the Project are also informed. as to these jurisdictional n7atters. The City and the County may memorialize or effectuate these processes by any supplemental instruments that may be deemed necessary. 3. Ordinance. The Count-,, and the City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A". shall govern development within the Subzone and on the Pr❑pegy, as supplemented by this Agreement. Submitted into the public record for item(s) PZA on 03 1fl 2o22, City Clerk 5. Southside Park. The City --owned Southside Park is located within the boundaries of the Subzone. and County and City agree that Southside Park shall remain as a park at the City's sole discretion. 7. RTDIC. The County agrees that the Cite shall be entitled to appoint up to three participants to the RTDIC for all meetings of the RTDIC related to the Project. and that the City's appointees shall all be individuals with technical expertise and professional degrees in at least one of the following areas. (i) transportation. (ii) architecture, (Ili) engineering. or (iv) law. In the event that the Cite representatives present at an RTDIC meeting to consider an application for development ,vithin the Subzone do not concur Avith a recommendation for approval or an administrative approval of an application. the recommendation or the decision shall be for denial. In the event the RTDIC issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board of County Commissioners shall be required to override the denial. $, Allocation of Development Fees, The County- and the City agree to allocate the payment of development and permitting fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction pertttits; (b) The City shall collect from the ❑ ,vner all impact fees payable pursuant to Chapter 13 of the City Code and art), fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and M additional impact fees, if any, associated with the Project shall be collected from the Owner by the City and the County in accordance with their respective impact fee ordinances, 9. Public Hearin. At least six weeks prior to the scheduled public hearing of anv amendments to the adopted version of Section 33C-1D Isee Exhibit A). the County shall mail or -Submitted into the public record for item(s) Pz.4 on ti3 10 2o22, City Clerk e-mail a copy of the proposed ordinance to the Cite Clerk and the City Attorney. The commuri'scation to the City shall include the date of the scheduled public hearing. 10. Authority to Effectuate this Agreement. To the extent permitted by law and required by this Agreement_ the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. 1 1. Term of Agreement. This Agreement shall remain in effect for 30 years, and thereafter automatically renew- for successive 10 vear terms unless terminated by mutual atireernent of the County and the City_ as approved by majority vote of their respective governinLy bodies. 121. Compliance with Laws. The parties shall comply N-ith all applicable federal. state and local laws. codes. ordinances. rules and regulations in performing their respective duties. responsibilities. and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement. The patties shall not unla,NN fully discriminate in the performance of their respective duties under this Agreement. 13. Dispute Resolution; Applicable Lai►'. The parties shall resolve any disputes_ controversies or claims between them arising out of this Agreement in accordance with the "Florida Govenunental Conflict Resolution Act", Chapter 154_ Florida Statutes. as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida and each partN shall be responsible for its own attorneys fees. 14. Entire Agreement; Amendments. This document incorporates and includes all prior negotiations. correspondence. conversations, agreements and understandings applicable to the matters contained herein. and the parties agree that there are no commitments, agreements. Submitted into the public record for items) RZA on Q3 1Q 2022, City Clerk or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly. the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. No modification- amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties. except that on behalf ofthe City. future amendments may be approved by the City -Manager and Nvill not require approval by the City Commission. 15. .joint Preparation. The tanRuage agreed to expresses the Mutual intent ofthe parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties by the other. 16. Severability. The provisions of this Agreement are independent of and severable front each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for anv reason anv other or others of there may be invalid or unenforceable in whole or in part. except to the extent that such invalidity or unenforceability causes the a�ireement to fail of its essential purpose. In the event a finding of invalidity or unenfarceability by a court of competent jurisdiction causes the agreement to fail of its essential purpose. either party shall have the right to terminate this Agreement upon written notiee to the other. 17. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. No vvaiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or arts- other provision hereof. and no waiver shall be effective unless made in writina- Submitted into the public record for item(s) PZA on 03LIO 2022, City Clerk 18. Notice. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery sen'ice, or certified mail, return receipt requested. postage prepaid and received by the addressee. Notices shall be sent to: If to the City: City Manager City of Miami Miami Riverside Center A A _7 C.W—.2nd Avenue-. -1 Miami, Florida 33130 With copies to: Citv Attorney Office of the Cite Attornev Citv of Miami Miami Riverside Center 444 S.W. 2nd Avenue. Suite 945 Miami, Florida 33130 If to County: Mayor Miami -Dade County 111 N.W. I st Street 29th FIoor Miami, Florida 33128 With a copy to: County Attorney Miami -Dade County l 1 I N.W. 1st Street Ste, 2810 Miami, Florida 33128 19. No Third Partv Beneficiaries to this Agreement. Nothing in this Agreement_ express or implied_ is intended to: (a) confer upon an}' entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement: or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement; or (c) be construed as a waiver ofsovereign immunity ofthe parties hereto under Section 76$?8. Florida Statutes. Submitted into the public record for item(s) PZ.4 on 03 I Zfl2Z, City Cleric IN WITNESS WHEREOF, County and City have executed this Agreement, or have caused the swine to be executed, as of the date and year first above written. ATTEST Harvey Ruvin Clerk of Courts ATTEST Todd B. Hat City Clerk APPROVED AS TO FORM AND CORRECTNESS I y Victoria eixtl"ezy- City Atto iey I'. MIAMI-DADE COUNTY, FLORIDA A political subdivision of the State of Florida r' Car69'A7.6imenVACMSTERHOLT County Mayor DEPUTY MAYOR MIAMI-DADE CTY. FL CITY OF MIAMI, a Municipal Corporation of the State of Florida Emil T. Gonzalez = Cit f anager r' APPROVEVAS T6/,INSET ICE REQUIROMEN`1"S ' i Ann Ma ' Sha0e Risk Ma ap-em nt Director Submitted into the public t]FFIG ii F31-C CaPF EXHIBIT C record for items) PZ.4 czrXK0F=R0ARt on 03 I —022, City Clerk or COLIN YC[]]itisiS514 4G SUA.%a-P.L01 COL-,TY. E'CMMA. MEMORANDUM Amended Agenda Item No. 7(A) (Second Reading 6-5-18) T0: Honorable Chairman Esteban L. Bovo, Jr. DATE: March 20. 2018 and Members, Board of County Conuuissioners FROM: Abigail Price -Williams SUBTECT: Ordinance relating to the Fixed - County Attorney Guideway Rapid Transit System - Development Zone; creating . section 33C-10 and amending sections 33C-2, 33C-3, 33C-4, and 33C-9 of the Code; providing for expaaision of the Rapid Transit Zone and creating the Brick -ell Station Subzone; providing uses, site plan review standards, and procedures for approval of such site plan in the, subzone; requiring supermajority votes by the Board in certain circumstances Ordinance No. 18-66 The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairman _Fstehan L. Bovo. Jr. APW/smru submitted into the public record for item(s) N- A on 03 10 2072 City Clerk Memorandum i+r, "ADE Date: June 5, 2018 To: Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of Co ❑rnmissioneys From; Carlos A. Gimenez Mayor - SubJect: Fiscal Impact-Staternent-#or-Cr'dIna Relating -to -the -Fixed -Guideway Rapid - System -Development Zone The implementation of this ordinance will not have a fiscal impact to Miami -Dade Caunty. r 1'^� J Alin Hu a Deputy Mayor F1505418 180540 12' Submitted into the public record for item(s) pZ.4 on fl 10 2022 City Cleric MtAMFLiit� Memorandum am Bate; June 5, 2018 To: Honorable Chairman Esteban L. B vo, Jr. and Members, Board of Ccuntyjdmmissi From: Carlos A. Gimenez -` Mayor Subject: Social Equity Statement for Ordinan Refating to the Fixed -Guideway Rapid Transit System -development Zone The proposed ordinance relating to the Fixed -Guideway Rapid Transit System -Development Zone (RTZ) creates Section 33G-10 and amends Sections 33C-2, 33C-3, 33C-4 and 33C-9 of the Code of Miami -bade County (Code) providing for expansion of the rapid transit zone and creating the Brickell Station subzone. The proposed ordinance expands the RTZ to include a block bound by SW 11th Street to the north, SW 12th Street to the south, SW 2nd Avenue to the west, and SW 1 st Aven ue/Metrorai I 5tatlon to the east, within the City of Miami. Under the RTZ, the properties would be develcped under the same regulations that govern the All Aboard Florida Brightline site at Government Center. The proposed ordinance establishes the Brickell Sub -Zone and the regulatory framework for developments within the sub -zone and aligns with Miami -Dade County's effort of intensifying land uses surrounding mass transit stations and corridors. These amendments to the Code would result in additional development adjacent to the rapid transit station, which in turn could result in additional housing and business opportunities. No other specific social equity or benefit can be determined at this time. .hack terholt Deputy Mayor 18C540 Submitted into the public record for items} !y.4 on Q3 x0 2o22, City Clerk J► ■ MORANDEM (Revised) TO: Honorable Clainnan Esteban L_ Bova, Jr_ DATE: ,tune 5, 2018 and Members, Board of County Commissioncrs FROM: Please vote any items checker].. Amended SUBJECT; Agenda. Item No. 7(A) "3-Dap Rule" for committees applicable if raised V` 6 weeks required between fint reading and public hearing 4 weeks notification to municipal officials required prior to public Dearing Decreases revenues or iucreases expenditures without balancing g budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance cresding a new board requires detailed County Mayor's rep ort for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2131s _ 315's , unanimous ) to approve Current information regarding funding source, index code and airailable halance, and availahle capacity (if dent is contemplated) require' R Submitted into the public record for iternjsj pz.4 on 03 ?0 2022, City Clerk Approved Mayor Veto Override ORDINANCE NO_ ! unended Agenda. Item No. ?(A) 6-5-18 ORDINANCE RELATIN G T4 THE FfXED-GUIDEWAY RAPID TRANSIT SYSTEM -DEVELOPMENT ZONE; CREATING SECTION 33C-10 AND AMENDING SECTIONS 33G2, 33C- 3,-33C-4:, -AND- 33C-9 OF Tffff--00DE-0E- MfAM1-DAi�F COUNTY, FLOFJDA; PROVIDING FOR EXPANSION OF THE RAPID TRANSIT ZONE AND CREATING THE BRICRELL STATION SUBZONE; PROVIDING USES, SITE PLAN REVIEW STANDARDS, AND PROCEDURES FOR APPROVAL OF SUCH SITE PLAN IN THE SU-BZONE; REQUIRING SUPERMAJORITY VOTES BY THE BOARD IN CERTAIN CIRCUMSTANCES; PROVIDING SEVERABMIT'Y, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, the Miami -Dade County Ilome Rule Charter grants to the County the power to carry on a central metropolitan government and to provide for rail facilities and public transportation systems; and WHEREAS, the Board of County Commissioners has fbimd that the 000rdsnated review and analysis of mass transit facilities is necessary to carry on a central metropolitan government in Miami -Dade County and that coordinated review and analysis of the mass transit system is most effectively carried on under a uniform plan of regulation applicable to the County as a whole; and WI1tEREAS, maximum coordination of transportation and land use policy decisions is essential to optimize the role of transportation as a potent tool for unplementing the desved patterns of metropolitan development consistent with the Comprehensive Development Master Plan; and 15 Submitted into the public record for itern(s) N_-A on Q3 14 2022, City Clerk Amended Agenda Item No. 7(A) Page 2 WHEREAS, providing for increased density and transit -oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public transportation system and further the health, safety, order, convenience, prosperity and welfare of the present and future citizens of the County; avd WHEREAS, the properties surrounding the Brickell MOaorail Station, which this ordinance includes within the Rapid Transit ;Cane, are located within. the Downtown Regional Urban Center identified in the County's Comprehensive Development Master Plan (CDMP); and WHEREAS, the CDMP calls far the highest level of development density and intensity within the Downtown Regional Urban Center; and WHEREAS, the adoption of uniform regulation to encourage private sector.development of market rate, attainable, and workforce housing around the Brick -ell Metrora.i] station is in the best interest of the County, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF NE AAft-DADE COUNTY, FLORIDA: Section I. The foregoing recitals are incorporated into this ordinance and are approved. Section 2. Section 33C-2 of the Code of Miami -Dade County, Florida is Hereby amended as follows: i See. 33C-2. Rapid Transit Tone. I Words stricken through and/or f f double bracketed]] shall be deleted. Words underscored and/or »double arrowed<< constitute the amendment proposed. Remaining provisions arc now in effect and remain unchanged. R Submitted into the public record for item(s) PZ.4 on 2311t} 2 22, City Clerk Amended Agenda ftem No. 7(A) Page 3 (B) Designation of lands included. The Board of County Commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits I through 16, bearing the following effective dates: Exhibit 1, July 31, 1998, Exhibits 2 through 9 and Exhibits 11 through 16, July 13; 1979, Exhibit 10, May 26, 1983, Exhibit 17, February 13, 2014, >>and Exhibit 18, [insert ectiue -date-R< rerti:fied--by the -Clerk of the- Board -as -a- portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the Department of Regulatory and Economic Resources or its successor Department, as the Rapid Transit Zone for the Stage I Fixed - Guideway Rapid Transit System, The Director of the Department of Regulatory and Economic Resources or its successor Department shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each municipality affected. (D) Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be Hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article. M (2) Other uses, procedures for approval of such uses within the Rapid Transit Tone. The following additional uses shall be permitted in conformance with the requirements set fozili herein: (e) ProcessforCityofAliami. »M Brickell Station Subzone. Notwithstanding 2py _ other provision of this code to the cqaILaV, whenever uses authorized by subparagraph 7 Submitted into the public record for itern(s) P2.4 or+ 03 10 2022 City Clerk Amended Agenda Item No. 7(A) Page 4 (D)(2)Ua]_ and (D)(2) bi above are nroposed within, the Brickell Station Subzone of the Raid Transit Zone as designated in subsection 33C-10 herein the procedures and development _ standards adopted pursuant to subsection 33C-10 shall Section 3. Section 33C-3 of the Code of Miami -Dade County, Florida is hereby amended as follows: See. 33C-3. Rapid Transit Developmental Impact Committee. (a) There is hereby established a Rapid 'Transit Developmental Impact Committee Executive Council composed of the County's Developmental Impact Committee Executive Council (established by Section 33-303.1, Miami -Dade County Code) and two (2) representatives from each of the following municipalities: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. It is provided, however, that for developments located within the Downtown. Intermodal District Corridor Subzone established by [[sabsec4iea]] »section<< 33C-9 »and the Bric.kell Station Subzone established by section 33C-10 however, the Rapid Transit Developmental Impact Committee shall be composed of the County's Developmental Impact Committee Executive Council and three (3) representatives from the City ofMiaini. In addition, there small be an RTDIC Staff Council composed of members of the County Departments identified in Section 33-303.1(A) of this Code and three (3) representatives from the City of Miami. The Rapid Transit Developmental Impact Committee shall, subject to the procedures specified in >�>section<< 33-303.1, Miami -Dade County Code, perform the duties specified in Section 33C-2 and Section 33C-4 of this chapter. (b) Except for the Downtown intermodal District Corridor Subzone established by subsection 33C-9 »and the Brickeli Station Subzone established by section 33C-1Or< herein, hailed notice of hearings before the Rapid Transit rJ Submitted into the public record for item(s) PI.4 on 03 10 2022 City Clerk Amended Agenda Item No. 7(A) Page 5 Development Impact Committee pursuant to Section 33C- 2(D)(2)(d) shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly enumerated in that subsection. Mailed notice of the hearing shall also be provided simultaneously to the municipality in which the application site is located. Applicabonsshall comply*th-the procedural requirements of Section 33-304. (c) Notwithstanding any other provision of this code to the contrary, for the Downtowai Intermodal District Corridor Subzone established by section 33C-9 »and the Brickell Station Subzone established by section 33C-10<< herein, notice of meetings before the Rapid Transit Developmental Impact Committee shall comply with the procedures set forth in »those respective segions« Section 4. Section 33C4 of the Code of Miami -Dade County, Florida is hereby amended as follows: Sec. 33C-4. Rapid Transit Development Impact Zone. (b) Except for the Downtown lntermodal District Corxidor Subzone established by section 33C-9 »and the Brickell SWon Subzone established by section 33C-1Qc< herein, said notwithstanding anything to the contrary herein, mailed notice of hearings before the Rapid Transit Development Impact Conuuittee pursuant to Section. 33-2(D)(2)(e)(1) shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly enumerated in that subsection. Mailed notice of hearings shall also be provided simultaneously to the municipality in which the application site is located Applications shall comply with the procedural requirements of Section 33-304. MO Submitted into the public record for items) PZA on 03 10 2022, City Clerk Amended Agenda Item No. 7(A) Page 6 Section 5. Section 33C-14 of the Code of Miami -Dade County, Florida is hereby created as follows: »See. 33C-1I1. Erickeli Station Sub -Zone. Furpasa and Inierai_ The faIhw ng-lopment_ - view -standards and criteria shall gQvern applications for Initial PIan Approval of the „general site development plan and l cations for Final Site Plan Review for all development to be located within the boundaries of the Briekell Station Sub -Zone estabiished in this section. The standards set forth herein further the unique land use characteristics of this area., which lies within the City of Miami Urban Core, as defined in section 33-84, and _within the Downtown Regional Urban Center, as desi ated on the Land_ Use Plan Map of the Qgun 's Cam ehensi.ve Development Master Plan, and are consistent with, and support the City's_ commitment to, rinci les of urban planning, including responding to the existing aonditions_of the Qy, its downtown corridor, and its natural features, infrastructure, and buildings, improved mobility, enhanced peclestdau eavironment, and the reduction of urban sprawl. Development in this sub__ zone also addresses government service and infrastructure needs of this Quickly growing area= and therefore protects within this sub -zone are encouraged to incorporate public service, public infrastructure, or public benefit egmponents, including, but not limited to, a police or fire statiom regional sewer mmip station d affordable housing. Boundaries. Me Bxickell Station Sub -zone of the Rapid Transit Lone is hereby established; the boundaries of the Sub -zone are identified in Exhibit_ 18_ of_sectinn 33C 2ft. The legal description and a full-scale map of the boundaries are on file with the Miami -Dade Coun Department of RegWatory and Economic Resources or its juccessor Department {the_"Department")- Permitted Uses; The following uses shall be permitted in the Brickell Station Sub -zone either alone or as mixed uses in horizontal or vertical inte tion. "Vertical into ation" means any combination of grimaty uses such as passeugger transit systems or businesses) located on the ground floor, and residential and acconunodation uses such as hates on the upper floors. "Horizontal integration" means any le Submitted into the public record for item(s) PZA on Q31jo1ZQ2x, City Clerk Amended Agenda Item No. 7(A) Page 7 combination of parcels or buildings and str=tures with different Prima uses witbin the same development. hotels, camtnerciallretait. offices: (4) residential: MS bars and restaurants: M nmtal car facilities parking lots and parking structures, including commercial pWdnglots and garages that obarge fees for >aarkinL: W governmental: L9� convention hails and showrooms; JUQ institutional; it i� beatth care facilities exce t hQgpiftals. L,� public parks and open spaces. and. 13 other similar uses, as approved by the Director -of the Depattment. (D) Fre:gMlicanon conference. The applicant sM1 yarGicipate in at least one Mr Mph cation conference with the Rapid Transit Devela pent Impact Committee TDIC prior to filing the upUcation. The applicant shall provide a general outline of the provosal tbrough schematics and sketch plans including, narrative information sufficient for _ the understanding of the gtoposed development. LEI Initial Review. �l]Application. Following the pre-V hcation conferencea request for approval of a general site deveIa mgnt plan for development witbin the Brickell Station Sub -zone shall be made by fili an a licaflon with tine RTDIC in accordance with the provisions of section 33-304. Said Mlication shall be considered a special ekeeption for approval of a general site development plan to be, considered and acted- _upon. direrptly by the Board of County Commissioners pursuant to the_ dyeloprnent regulations established in this section. Applications shall cgmply with the procedural rea! men.ts of section 33-304 of this code. 1/r Submitted into the public record for item(s) PZ.4 on 03 iQ Nall City Clerk 11"] Amended Agenda Item No. 7(A) Page 8 RTDIC recommendation. Witlxin 50 days after the iil of the application, the RTDIC Staff Council shall review the application., and the RTDIC shall issue a recommendation upon such application. The recommendation shall reflect the consensus of the members present. In the event that the Ci#v representatives pmgentdo not concur ith a recon mendatiaxt £or autrrvval. the recenunenElatiorl shall be far denial. The recommendation shall be transmitted to the Board of CoupM Commissioners for final action. In the event of a recommendation of denial by the RTDIC, approval of the suation shall require the _affirmative vote of'9 members of the e Board ofCoun Commissioners. Phrased development_ Projects within the sub -zone may be constructed in phases and the construction of public buildings and infrastructure to_sMe future development pM accordirgly need to be com leted in_phases. Where aphased development is requested. the Board of Counter Commissioners, in approm-9 a leased site plan, shall c A building foot riots heights, density, intensity, and gross square footage of buildings as future development parameters. The RTDIC.may review and approve specific land uses_ and design details of said future development in subsequent phases pursuant to the Final Review criteria enumerated herein rovided that the development parameters improved by the Board of County Commissioners in the phased site plan ate not exceeded and that the development regulations set forth herein are inet~ Required exhibits _far_ Initial Develnpment__Ti�e following exhibits shall be submitted with the application for a general site development an: D A narrative describing the ro'ect's scope, including but not limited to: vision statemen the project's consistency with the intent and p_uroose of these regulations, size of project and location, and prominent components of the development, phasing oftbe development if necessary: scale; relevance to the re-mQn; its connection to flie surroimding urban context 54bmittert into t record for ite I�t+hlic ��n p3 m[$) P �� 022 City �lerls O ue ff) Final Review. Amended Agenda Item 1Vo. 7(A) Page 9 economic impact on the local economy: design Con s ' si Ficance of the pLoject as a -gateway to the comanunity� and anv additional information necessary to gxp n the development. Schematicsite plan(s), at, a scale of not less than I_ inch equals 100 feet indicatingr: rarninent--- s"aund--so nuts- -of-the deyelopmwj Ormitted Iand uses: existing and proposed streets: major points cif e regress of the develnpment; public open sRace locations and area in s uare feet: floor• area ratio: pedestrian circulation: residential dm ity: and square feet of retail, office institutional overnmental and other proposed land uses, not to exceed the development thresholds contained in the administrative site plan development Wa eters included herein. lafbimation an adjoining and adiacent uses, on a Wan at a scale no Ie_ss than. 1 inch equals 100 feet to indicate the relatioushi s between the prooposed development and a face t areas includin but not limited to: existing _ land uses and their intensities; densities,yehiculm and _pedestrian circutation systems, Flocks and lots, ap umique geographical features. Pe ectives isometrics elevations and other dEamingg illustrating proposed development Any additional information specified by the RTDIC at the preplication conference to evaluate the cbg_4qter and impact of the proposed development. Final Review for develo tnent of the Brickell Subzone._ Following_ approval of the special exec tion final review for all or a portion of the vcl went including phased develo men shall be made and WpLoyeAl adminisira#iyely by the RTDIC in accordance with the plans and documents app,roved_bythe Board of CouIIty Commissioner. The RTDIC review shall be guided by development /.-3 Submitted into the public record for item(s) PZ.4 on 03 10 2022 City Clerlt M Amended Agenda Item No. 7{A} Page 10 standards established in this sw ion- Applications to modify a site plan approved pursuant to this section. including Uplicatio_ns to Vprove a subsequent phase of a pLeviouslymna roved based site 1 shall be considered and acted upon administratively by the RTDIC without the neressity'of public hearing. In the event that the City representatives present do nu cancer it .. .1 oval-- Vie —application, the - decision of the RTDIC shall be for denial. The affirmative vote of 9 members of the Board of County Commissioners small be required to reverse a decision of denial by the RTDIC. Notice. Lal Mailed notices of the RTDIC Executive Council meeting shall be accomplished-bY placing in the United States mail a written notice to all property omLers - of ryas reflected on the Miami Dade County Property Appraises tax roll as _ datefL within 500 feet of the subiect_propgty. Such mailed notices shall contain Reneml information including, brit nutIhWted to the date time and place of the meeting, the property's Iocation (and street address, if available) _and nature of the application shall be sent no sooner than 30 days and no later than 24 days prior to the meeting The jprope= shall be posted no later than 20 da s prior to the meetin in a manner el7ns� icuous to the public, by slim or simns containing _informatioa -including,- but not limited to _ the applied for zonbip _action application number, and the time e_and place of the public meeting. The propegy owner shall be responsible for ensuring that the sign is maintained on the site until completion of the public meeting and for removal of the sign within two weeks following m letion of the public meeting. In addition, notice shall be published in a new Qer of -general circulation in-h iami- Dade County, as follows: a full Iegal notice. to be published no later than 20 days and no earlier than 30 days prior to the meeting, to contain the date time and place ❑f the 1144 Submitted into the public record for item(s) pZ.4 on p3LLQLZ0.2z City Clerk Amended Agenda Item No. 7(A) Page 11 bneetir& the property's location and _street address if available. Required Exhibits. The following exhibits included mA an application. It is provided, however, that the Director of the Doartm_ent skull have the authorily to waive an of the items because of the nature or timing of the deyelokarnent ar because the review. The Vpli.cation shall be deemed complete if all items in this subsection are included in tlLe a lia cation, Master plan, at a scale of not less than 1 inch equals 100 feet which shall include the following information: Qi Lot lines and setbacks. ii Proposed floor area of all Lermitted Lases. U Height, size, shape, and location of existing and proposed buildings. iv Location of off-street parldngand layouts showing. umber of parking, spaces required and provided. O Proposed grades if significantly altered. vi - Si a street and lit ligh4w, and street and lot furniture. Total number of dwe&ng units and hotel rooms if a livable Lviiij Location and amount of open space required and provided. ix Phase lines, if applicable. Figures indica ' oss and net acreage, and areas to be dedicated for public -rights -of -way. Vehicular and pe&strian circulation system. including -blocks, streets, major paints of access into and out of the develonxnent _ _ pedestrian crosswalks medians, and parking. xii Location of pedestrian access points, including connections to exis ' or proposed bridges, roadways, or sidewalk areas. Submitted into the public record for items) PZA on 03/10/2022, City Clerk 01 O Oe w Amended Agenda Item No. 7(A) Page 12 xiii Loc@gon of loading facilities, waste collection areas, and other service areas. Floor plans and elevations of all structures, includin ross Muare foolagg of each floor. Sections of major structuTes. Isometrics or }perspectives of the proposed development. - Landscape 121ans)in accordance with Chapter 18 A exc t as modified herein. Such other design data as may he specified to satin a_condition of approval of the Initial Review. administrative Site plan development pgrameters The fallowing development regu shall apply to all development within the sub -zone. Parking: The table below indicates minimum p4ddng for each We of Use. Use Mminium Parking Requirements Commercial/R Wl, Restaurants, Bars, Convention 1.8 spaces 11000 SF Halls and Showrooms Office, Goveinment,_Institutional, ealth Care 0.6 spaws 11000 SF Facilities Residential 0 spaces pez unit Hotels 0.3 spaces 1 mom 0.6 spaces 1 I000 SF excluding Transit systems including Maintenance Facilities latform Udrer Uses 50% of the re uired parking indicated in Section 33-124 La) To minimize adverse visual effects of the shuctumulti-stork+ parking<g_ara�es facing public and private_ streets, ri hg is-of- way�andlor public open space shall use screening methods, including,. without limitation- Iiner buildings,�.ing; building wall extensions-, veTlical Wanted walls, ber= _ landscaping; architectural /� Submitted into the Public record for item(s) PZ.4 03 on IO 2022 CityCie'," Amended Agenda Item No. 7(A ) Page 13 fenestration; scut tore' design features; and/or other innovatiye screening methods. Surface parking lots fronting streets. shall be located a mi 'ntum of 10 feet from the jj&t- pf-way and screened at the 10-foot line with a wall -ha yijn2 a maximum. height of 3'6" The setback shall inca orate a combination of --hard--srap end-4andsome-elements-ftnished- - tomatch the existing sidewalk. Lcj Mechanized Arkin shall be allowed an when provided, shall be exempt from the provisions of Section 33-122. For the purpose of this sub -zone mechanized paxking_shall be defned as a mechanism with vertical and horizontal transport capability that provides for automobile_ storage_ and retrieval. A mechanized parking space shall be counted toward the parki-ag requirements of this Section. Mechanized parking ma_y not be rovided unless a ueuin anal sis is submitted and . approved during the Administrative Site Plan Review rocess. U Required off-street parkine for uses located within this -Sub -zone may be Iocated within one mile of the bouudari of the sub -zone. An, noliennt for woroval of develo ment with off -site Rarking, shall execute and record in the Pubfic records of this Coupa declaration of restrictions, approved by the Director of the De artment. covenanting, that such development sh_aJl cease and tenbinale upon the elimination of such12ark4ig Arta and that no development requidg such part-ingshall be trade of such property until the required parking area is available and rrs oyided. Setbacks, cubic content and lot ,size; Sal Due to the -unique characteristics associated with the bigh density or hipli iintensi� mixed -use devela mints nt m lated for this sub -zone, there _shall be no minim= setback from streets at grade and above the eighth- floor, interior/rear property lines, and park rights -of way. 17 Submitted into the public record for itern(s) PZ.4 on 03 10 2022 City Clerlc Amended Agenda Item No. 7(A) Page 14 (� There shall be no maximum or minimum limitation on the size of a floor plate. The minimum lot size re uired to develop pursuant to these regulations is 32 000 square feet. �3J Encroachments; a _uildings attic sfrufq mes above he grrd floor may be built above colonnades andlor encroach into street setbacks but shall not extend into the ublic or pnvatc fi t-of-wa unless ermitted b State law and a oved the Miami -Dade County_ Department of Transportation and Public Works or successor agency C"DTPW" j_ or by other ggency with authority over the right-of-way_ It is Drovided, however, that, to the extent permitted by State law and subject to the approval of DTPW or other agengy with Lu&ccLty over the right-of-way, and for the trans ortation i2urpose of P-rovi-ding a concocting pedestrian or vehicular corridor, the street may be covered above the first fluor with DubliclY-accessible stmrtures counectm buildings, including: latforms fitted with trains an"as2tager waiting-areas, roofs-, u er sto terraces edestrian bridges, and automobile bridges between paurkinggarages. Adequate clearance for structures above streets shall be maintained: Lbj. Cantilevered balconies awnings, weather protection elements and similar features with adequate vertical clearauc:e may encroacl into, street rights -of -way but shall not extend closer than six 67 inches from the curb face. ; 4 Floor Area Ratio and lot covers e: The floor area ratio, lot coverage, and maximum square footage of buildings to be developed within the sub -zone shall not be limited. Building Ifeight.. The maximmn bui.ldiag�height shall be the maximum allowed by the Miami -Dade Aviation Depariment MAD) or its successor 0 Submitted into the Public record for item(s) PZ.4 on 91119L2022, City Clerk Amended Agenda Item No, AA) Page 15 a enc in accordance with the zo 4w regulations for Miami International Airport provided in chapter 33. �6 -Open ace: The minimum o1jens ace re uirement shall be 15 percent of the gross development area Open sace shall include parks, 'plazas,balconies, terraces co ands axe adcslcolannades edestrian paths, rooftop g=-spaczT-bgye tsuidinzt►L-s md- arldng_garages and transit platform areas improved far pedestrian comfort. �7 SSii,m: Signs visible from public rights-cf-way or ublic areas shall mmz�ply with section 33-284V of this Code, except that Class C signs may bepertnitted in accordance with section 33-107 of thus Code. The signage plan submitted with thegj2plication for final site plan review shall contain criteri locations and sizes of signs. Density: Residentiai_den§V sball not exceed 500 units per grass acre. L99] Architect ml Expression: Building facades W public andarivate streetrights-of--way or public omen space or both shall be a minimum 40 percent glazed. Glazing is not re owed for building facades that face the Metrorail or Metromover rights-v_f-wav ox for above -grade par -_ ara a structures that face lic and pAvate street right -of-mLay or public open apace, however,parking a es shall conform to the Lng standards included herein. Blank walls facing -public and private street rights -of -way and public open space__ shall be prohibited unless fuivishe with some type of artistic ex cession such as sculpture, mosaic and similar features. LIO% LgndscapiMg- Landseging stall conform to the standards set forth in section 18A-5, Code of Kami- Dade County. as a hcable�tn . non residential development, with the following_ exqZtions: O A minimum of 30 trees per net acre of open Mace shall beprovided, Trees may be ]aced in the lot or in ns uaresplazas and street medians within or in close Rroximity to this sub -zone- Lot trees shall have a minimum 2-inch diameter at breast heft. l9 Submitted into the public record for item(s) P-z•'- on 03 xO 2022, City Clerk cul Amended Agenda Item No. 7(A) Page 16 Strut trees shall be planted at a maximum of 3 0 feet average on center, with a minimum 3- inch diameter at breast height. Street trees shall be ,placed inside landscaped strips, tree planters, and- in medians _ in the xight-of-wav or on private prMMM where demonstrated to be necessary due to right-of-wav obstzuciions: -as — det=flned- by the Department of Transportation and Public Works or its successor 17egartrnent or other Ligertcy with jurisdiction. Service areas and mechanical equipment: Service areas and fixtures shall be screened and located so as no� t t, be visible from public and private ri hts-of way or pubhe open space. Mechanical equipment installed on roofs shaU be screemd from view by parapets or other architectural elemgpin §.Fixtures, including but not limited to baekflow preventers, pumps, underground ventilation exhausts, and electrical vaults, shall be located witbiu or to the side or rear of bLa dins: such fixtures shall not be located within the street setback area_ Backflow preventers shall- be shielded from viewas re4uired by section 32-15'7 d . Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in chapter 33, article X of this code re mdin hours and days of sale, distance from other premises used for the sale of alcoholic beyeragesti azxd- distance from schools or religious facilities shall not Qpj3Lin this sub -zone. H Plan Pevww Standards. The maose of the plan review standards is to encourage the creation of development within the Bricke.0 Subzone that is consistent with the intent and u uses of these remiWiona--qqts as a sigafflcant zatewU for and destination to the B_ rickell area and facilitates its Suture xg owth by designing and arranges badin sg_, public open Space, transit, and. street circulation "In a Mariner that fosters around the -clock pedestrian activity, serves the local and regional transit demands of the cornmuni contributes to the urban revitalization of the Qit)! of Miami, and enegigages public service, infrastructure orrpubhc_beneSt components to address the needs of a growing_nopulation. �21� Submitted into the public record for item(s) PZA on 03 1QL2022, City Clerk M 9) M Amended .Agenda Item No. 7(A) Page 17 A mix of uses in the desi of develo ment rpj cG is encouraged to the maximum extent possible. Mixed -use buildings. including, without limitatim residential, commercial. office.ote�, _and restaurants, are highly encouraged in combination with transit and other governmental facilities. Devclo ments shall pLovide direct Wdestrim and vehicular -connections to the ad'acent-$lockaad -- network. Pedestrian crosswalks providing safe sae from adjoining streets and blocks into the development project of the sub -zone shall be installed at street comers andL if pmcticable, midblock locations. Crosswalks shall be distin uished from other street elements by the use of cons icuous materials texture and color. Public open space in the form of plazp Iquares. greens, and landscaped areas shall be incorporated in the design of all development Rrojects at glade or on above grade surfaces. The public open spaces, should have a scale that is compatible and complementary with the intensity of proposed deve opm.ent, and their design should relate to the _developments conce�st Landscaping, furniture aved pedestrian aths and lighting, among other features, should be used to enhance the open spaces pedestrian experience. W Consideration _should be _given to providing, landscaping_in a manner that reduces the heat island effect of the develo ment on the urban environment. Q All new development shall strive to meet certification standards from Florida Green Boding Coalition or a similar organization_ - Develo nients shall be designed with a coordinated outdoor fi h jigg and simage system that is an integral part of the project and compatible and harmonious with existing and proposed development in the sub -zone and with surrounding uses..5i�nage should clearly indicate -lo ations of , and guide pedestrians and vehicles to. proposed parking areas. transit_ facilities ..permitted uses, and smounding activities and uses. M Proposed building scale should be in harmony_with bOding scales allowed by a icable City of Miami regulations for surrounding pmperties_.Buildings and their landscapes shall be built to the sidewalk edge iu a manger_ that frames the adjacent street to_ create ,21 Submitted into the public record for item(s) PZ.4 on 03110L20Z2, City Clerk M Amended Agenda Item No. 7(A) Page 18 public s ace in the street corridor that is comfortable and interesting, as well as safe _for pedestrians. Architectural elements at street level shall have abundant fenestratia windows and doors and desiM- elements that create LAerest for the pedestrian. Proposed deweIgpLuent in the sub-zone_shtill provide r onnections-via -bridges, _paths, sidewalks, or - combination of such features to adcent or nearby Metrorail and Metromover systems. Plcrttr�n� SeSeparate parcels located within the _sub -zone and made subieGt to a uaitof title or covenant in lie ofunity_of title .W not be deemed a subdivision and shall be exem t from the plattinng,Mquir,ments of chanter 28. fn Can icts. The develoLnment review procedures, standards and c iteria set forth in this section 33C-10 shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the Miami -Dade County Code or with the Miami -Dade Co"Public Works Manual. K Amendments. At least six weeks prior to the scheduled ublic hearinr of any amendments to this section 33C-1 0 County shall wail or e-mail a copy of the proposed ordinance to the City Clerk and. the City Attarney of the, City of Miami. The communication to the QiV shall include the date of the scheduled Public hcarin .c< Section C Section 33-314 of the Codc of Miami -Made County, Florida. is bereby amended as follows: Sec. 33-314. Direct applications and appeals to the County Commission. (C) 'Me County Commission shall have jurisdiction to directly hear other applications as follows: Submitted into the public record for itern(s) PZA on 03/10/2022, City Clerk Amended Agenda Item No_ 7(A) Page 19 (10) Upon application for, hear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(2)(d) and (2)(e) 77, section<< [for &ekon]] 33C-9 >>, or section 33C-10« ffef-4& Code of Miami e Gew`fl Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the rmnainder of this ordinance shall not be af%ctod by such invalidity. Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of'this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida, The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be r-banged to "section," "article," or other appropriate word. Section 9. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and ifvetoed, shall become effective only upon an override, by this Board. PASSEL] AND ADOPTED: June 5, 2018 Approved by County Attorney as AN/ to form and legal sufficiency: Prepared by: f*V_ Dennis A. Kerbel Prime Sponsor: Chairman Esteban L. Bovo, Jr. FKA EXMIT 19 Bricked Station Subzone I _SwI f --4 1 I � _L4_— —_— Street —__— T � r I r�r — I I I°i NOT TO SCALE