HomeMy WebLinkAboutExhibit B - Development Agreement - Draft uploaded 8/19/2022This Instrument Was Prepared By,
Record and Return To:
Iris V. Escarra, Esq.
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Suite 4400
Miami, Florida 33131
(Reserved)
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF MIAMI, FLORIDA AND MIAMI FREEDOM PARK,
LLC, REGARDING APPROVAL OF THE MIAMI
FREEDOM PARK SPECIAL AREA PLAN AND
RELATED DEVELOPMENT
This is a Development Agreement ("Agreement") made this day of ,
2022 by and between Miami Freedom Park, LLC, a Florida limited liability company (the
"Lessee" or "Developer"), and the City of Miami, Florida, a municipal corporation and a
political subdivision of the State of Florida (the "City") (the Developer and the City are
together referred to as the "Parties").
WHEREAS, the City is the fee simple owner of approximately 131 acres of property
in Miami -Dade County, Florida, located between NW 14th Street to the South, NW 42
Avenue to the West, the City jurisdictional boundary on the North, and NW 37th Avenue to
the East, within the City (the "Overall Property"); and
WHEREAS, in November 2018, the electorate of the City approved the referendum
to approve the negotiation of a ground lease and development agreement for the development
of approximately seventy-three (73) acres of the Overall Property as a soccer stadium,
entertainment center including food and beverage venues, offices, retail, hotel and
conference center, public facilities, park space, and other ancillary commercial development
(the "Leased Property") shown and legally described in Exhibit "A"; and
WHEREAS, Developer is a Florida limited liability company which entered into the
lease and easement agreements with the City on governing the Lessee's
use of the Leased Property pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted
April 28, 2022 (the "Lease Agreements") and the Construction Administration Agreement
(the "Construction Administration Agreement"); and
Miami Freedom Park SAP
Development Agreement
WHEREAS, the Overall Property was formerly designated "Parks and Recreation"
on the City's Future Land Use Map, according to the Miami Comprehensive Neighborhood
Plan ("Comprehensive Plan"); and
WHEREAS, the Overall Property was formerly zoned Civic Space ("CS"),
according to the Zoning Ordinance 13114, the Miami 21 Zoning Code ("Miami 21"); and
WHEREAS, portions of the Overall Property were rezoned from CS to Miami
Freedom Park Special Area Plan, containing CS, Civic Institution ("CV), and T6-8 Urban
Core Transect Zones ("76-8"), as described in the Miami Freedom Park Concept Book (the
"Concept Book") attached hereto and incorporated herein as Exhibit `B", in order to
facilitate redevelopment within the Leased Property and to effectuate the Parties' goals and
vision for the community which was approved pursuant to Ordinance adopted on
: and
WHEREAS, the Parties' goals and visions for the Leased Property include the
development of a soccer stadium, entertainment center including food and beverage venues,
offices, retail, hotel and conference center, public facilities, park space, and other ancillary
commercial development; and
WHEREAS, the Leased Property's Comprehensive Plan designation was amended
for aportion of the Overall Property from Parks and Recreation to Major Institutional, Public
Facilities, Transportation, and Utilities, to permit the development of a soccer stadium with
ancillary uses including, but not limited to, retail, food and beverage uses, and from Parks
and Recreation to Restricted Commercial, to permit the hotel and office and other
permissible uses, all as approved by the electorate of the City of Miami (the "Future Land
Use Map Amendment"); which was approved pursuant to Ordinance adopted on
; and
WHEREAS, Miami 21 outlines a process that allows parcels of more than nine (9)
abutting acres to be master planned to allow greater integration of public improvements and
infrastructure, and greater flexibility so as to result in higher or specialized quality building
and streetscape design, this master planning process is known as a "Special Area Plan"
("SAP"), pursuant to Section 3.9 of the Miami 21 Code ("Miami 21"), which section is
deemed as being incorporated by reference herein as if set forth in full; and
WHEREAS, an application for approval of a SAP was filed on June 12, 2020 in
order to develop the Leased Property as a soccer campus consisting of various uses, including
a Major Sports Facility, Lodging, Commercial, and Office uses, along with other related
amenities (the "Project" or "Miami Freedom Park SAP"); and
WHEREAS, the City and the Developer desire for development of the Miami
Freedom Park SAP to proceed in a manner that is consistent with the Comprehensive Plan,
Miami 21, the Florida Building Code, the City Charter, and the City Code; and
WHEREAS, in connection with the approval of the Miami Freedom Park SAP, the
Developer and City must enter into a Development Agreement pursuant to Section 3.9.1(f)
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Development Agreement
of Miami 21; and
WHEREAS, Chapter 163, Florida Statutes (2021), as amended from time to time,
authorizes and provides for local governments to enter into development agreements with
any person or entity having a legal or equitable interest in real property located within its
jurisdiction; and
WHEREAS, assurance to a developer that it may proceed in accordance with
existing laws and policies, subject to the conditions of a development agreement, strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development, encourages
private participation in comprehensive planning, and reduces the economic costs of
development; and
WHEREAS, the City Commission pursuant to Ordinance No.
, adopted , approved and accepted the Miami
Freedom Park Concept Book and Regulating Plan; and
WHEREAS, the City Commission pursuant to Ordinance No.
, adopted , approved the Future Land Use Map
Amendment necessary to effectuate the Miami Freedom Park SAP; and
WHEREAS, the City Commission pursuant to Ordinance No.
, adopted , has authorized the City Manager to
execute this Agreement upon the terms and conditions set forth below, and the Developer
has been duly authorized to execute this Agreement upon the terms and conditions set forth
below.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both
Parties and thus adequate consideration for this Agreement.
2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise
expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms shall
refer to the instant Agreement in its entirety and not to individual sections or
articles;
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Development Agreement
(e) The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or the Developer, as all parties are drafters of this
Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into
the Agreement; provided however, that this Agreement shall be deemed to
control in the event of a conflict between the attachments and this Agreement.
3. Definitions. Capitalized terms which are not specifically defined herein shall have
the meaning given in Miami 21.
"Agreement" means this Development Agreement between the City and the
Developer.
"City" means the City of Miami, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
"City Charter" means the municipal Charter of the City of Miami.
"City Code" or "Code" means the City of Miami Code of Ordinances.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2021), meeting the requirements of Section 163.3177, Florida
Statutes (2021), Section 163.3178, Florida Statutes (2021) and Section
163.3221(2), Florida Statutes (2021), which are in effect as of the Effective Date.
"Concept Book" means the Concept Book prepared by Arquitectonica, dated
_ and attached as Exhibit B.
"Construction Administration Agreement" means that certain Construction
Administration Agreement, dated , 2022, by and between the City of
Miami, Inter Miami Stadium, LLC, and Miami Freedom Park, LLC.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of
land into three (3) or more parcels and such other activities described in Sections
163.3221(4) and 380.04, Florida Statutes (2021).
"Development permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official
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action of local government having the effect of permitting the development of land.
"Effective Date" means the date of recordation of the executed, original version
of this Agreement.
"Existing Zoning" is (a) Miami 21 Code, specifically including the Miami
Freedom Park SAP Regulating Plan (the "Regulating Plan"), attached hereto and
incorporated herein as Exhibit "C", and Concept Book, and related modifications
to the Transect designations of properties within the SAP Area; and (b) the
provisions of the City Charter and Code which regulate development, as amended
through the Effective Date.
"Impact Fees" shall mean a fee imposed by any local government or agency based
upon the new development's proportionate share of the average cost of new
development including impact fees imposed by Miami -Dade County, the City of
Miami, and the Miami -Dade County Public Schools System.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
"Land Development Regulations" shall be as defined in Chapter 62, Section 62-11
of the City Code of Ordinances and includes the City's Comprehensive Plan
regulations and Miami 21, as may be amended and provided herein.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local, state, and/or federal
government affecting the development of land, as applicable.
"Miami 21" also known as the Miami 21 Code means City Ordinance 13114 as
amended, as amended through the Effective Date, which is the Zoning Ordinance of
the City of Miami.
"Phased Project" means a project(s) which, due to its magnitude, is to be
developed in multiple phases. Such phased project may occupy contiguous lands,
separated only by streets or alleys. The project may be developed under a single
building permit or multiple building permits. This definition supersedes the Phased
Project definition as provided in Chapter 55, Section 55-1 of the City Code.
"Property Interest" means any interest or rights in real property or appurtenances
of the Leased Property, including but not limited to, fee simple, leasehold, master
covenants, condominium, transferable development rights or air rights, easements,
and licenses, however acquired, including any interests or rights in real property
acquired through ground lease(s) in an arm's length conveyance, foreclosure, deed
in lieu of foreclosure, or any other realization on a security interest in real property.
"Public Facilities" means major capital improvements, including, but not limited
to, transportation, sanitary sewer, solid waste, drainage, potable water, educational,
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parks and recreational, streets, parking and health systems and facilities.
"Public Park" means the new, approximately fifty-eight (58) acre public park
located within and/or abutting the Overall Property.
"Retail Specialty Center" means the area consisting of all properties within the
CS Zones.
"SAP Area" means the lots and properties which comprise the Miami Freedom
Park SAP as depicted in the Concept Book and Regulating Plan.
"Special Area Plan" or "SAP" refers to the Miami Freedom Park Special Area
Plan, including the Regulating Plan and Concept Book.
"Sports Retail Specialty Center" means the area consisting of all properties
within the Cl Zone.
"Vacation and Closure Notice" means that notice, recorded in the Public Records
of Miami -Dade County by the City upon all conditions precedent being fulfilled by
this Agreement, evidencing the same and providing for the final vacation and
closure of the ROWS, in substantially the attached form as shown in Exhibit "F".
"Zone, CI" refers to that portion of the Leased Property zoned Cl as described in the
Concept Book.
"Zone, CS" refers to that portion of the Leased Property zoned CS as described in
the Concept Book.
"Zone, T6-8" refers to that portion of the Leased Property zoned T6-8 as described
in the Concept Book.
4. Purpose. The purpose of this Agreement is for the City, in its regulatory capacity, to
authorize the Developer to redevelop the Leased Property pursuant to the Miami
Freedom Park SAP. This Agreement will establish, as of the Effective Date, the land
development regulations that will govern the development of the Leased Property,
thereby providing the Developer with additional certainty during the development
process. This Agreement satisfies the requirements of Section 3.9.1(f), Miami 21.
5. Intent. The Developer and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Regulating Plan and Concept
Book, this Development Agreement, the Comprehensive Plan, Miami 21, the City
Charter, the City Code, and the Florida Local Government Development Agreement
Act, Sections 163.3220 - 163.3243, Florida Statutes (2021), all of which are
applicable to this Agreement.
6. Legal Description of Land, Names of Legal Owners, Applicability. This
Agreement only applies to the SAP Area, as identified and legally described in
no
Miami Freedom Park SAP
Development Agreement
Exhibit "A". The City is the equitable owner of the Leased Property. The Leased
Property's legal descriptions is detailed in Exhibit "A".
7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall
have a term of thirty (30) years from the Effective Date and shall be recorded in the
public records of Miami -Dade County and filed with the City Clerk. The term of this
Agreement may be extended by mutual, written consent of the Parties subject to
public hearing(s), pursuant to Section 163.3225, Florida Statutes (2021). The
Developer shall bear the advertising and related noticing costs of such public
hearing(s). This Agreement shall become effective on the Effective Date and shall
constitute a covenant running with the land that shall be binding upon, and inure to
the benefit of the Parties, their successors, assigns, heirs, legal representatives, and
personal representatives. This Agreement serves to establish all conditions, terms,
restrictions, or other requirements determined to be necessary by the City for the
public health, safety, or welfare of its citizens.
8. Zoning Permitted Development Uses, Building Densities and Intensities.
(a) Miami Freedom Park SAP Designation. The City has designated the Overall
Property as "Miami Freedom Park SAP" on the official Zoning Atlas of the
City, pursuant to the applicable procedures in Miami 21. The Regulating Plan
and Concept Book provide for any deviations from the underlying regulations
of Miami 21. In approving the Miami Freedom Park SAP, the City has
determined that the uses, intensities and densities of development permitted
thereunder are consistent with the Comprehensive Plan and the proposed CS /
Cl / T6-8-0 Zoning. Deviations to the regulations in the City Code are
articulated further in this Agreement. Signage shall be approved in accordance
with the Regulating Plan. Where the standards in the Regulating Plan, Concept
Book and/or Development Agreement are silent, the underlying Miami 21
standards and requirements shall apply so long as the standards do not violate
the terms of this Agreement by negatively impacting or downzoning any
portions of the Leased Property.
(b) Density, Intensity, Uses and Building Heights.
As of the Effective Date and pursuant to the Miami Freedom Park
SAP, the population densities and building intensities proposed for
the SAP are permitted by the Existing Zoning and are consistent
with the Comprehensive Plan.
ii. As of the Effective Date and pursuant to the Miami Freedom Park
SAP, the Uses proposed for the SAP are permitted by the Existing
Zoning and are consistent with the Comprehensive Plan.
iii. As of the Effective Date and pursuant to the Miami Freedom Park
SAP, the Heights proposed for the SAP are permitted by the
Existing Zoning and are consistent with Miami 21 and the densities
are consistent with the presently adopted Miami Comprehensive
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Neighborhood Plan (the "Comprehensive Plan").
iv. Nothing herein shall prohibit the Developer from requesting a
change of zoning, pursuant to Article 7 of Miami 21, to increase
the density or intensity of development permitted by the Existing
Zoning.
9. Prohibition on Downzoning.
(a) The Comprehensive Plan, this Agreement, and the Miami Freedom Park SAP
shall govern development of the SAP Area for the duration of the Agreement.
The City's Laws and policies adopted after the Effective Date may be applied
to the SAP Area only if the determinations required by Section 163.3233(2),
Florida Statutes (2021) have been made after thirty (30) days written notice to
the Developer and after a public hearing or as otherwise provided herein.
(b) Pursuant to Section 163.3233(3), Florida Statutes (2021), this prohibition on
downzoning supplements, rather than supplants, any rights that may vest to the
Developer under Florida or Federal law. As a result, the Developer reserves the
right to challenge any subsequently adopted changes to land development
regulations which are in derogation of this Agreement on (a) common law
principles including, but not limited to, equitable estoppel and vested rights, or
(b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes
(2021). The City reserves all of its defenses, immunities and any claims it may
have in response to the right to challenge changes in the land development
regulations.
10. Public Facilities. In the event that the Existing Zoning or the Comprehensive Plan
requires the Developer to provide additional Public Facilities to address any
deficiencies in levels of service at the time of obtaining the required building permits,
the Developer will provide such Public Facilities consistent with the timing
requirements of Section 163.3180, Florida Statutes (2021).
11. Reservation of Land Dedicated for Public Purposes. As proposed in the Concept
Book, a minimum of five percent (5%) of the Leased Property is reserved as land
dedicated for a public purpose as a Civic Space Type as detailed in Section 3.9.1(e)
of Miami 21.
12. Future Development Review. Future development within the SAP Area shall
proceed pursuant to the process established in the Regulating Plan and Concept Book.
The criteria to be used in determining whether future development shall be approved
are consistency with the Comprehensive Plan, Miami 21, and this Agreement, as well
as consistency with the Miami Freedom Park SAP, as applicable.
13. Environmental Resource Review. The City finds that the new tree canopy to be
installed at the Leased Property and Public Park will confer a significant net
improvement upon the publicly accessible tree canopy in the area by providing trees
as depicted in the Concept Book. Notwithstanding the provisions of Chapter 17,
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Section 17-6 of the City Code, due to the known contamination located at the Overall
Property, the City and the Developer agree that no mitigation shall be required for
any onsite trees removed during the environmental remediation of the Overall
Property or trees removed during the construction of any improvements upon the
Overall Property.
(a) Leased Property and Public Park tree installation, maintenance and guarantee.
For all trees placed within the Leased Property and Public Park, the Developer
shall install any needed irrigation and corresponding water meters to support
the growth and viability of trees located within the right-of-way. The Developer
shall agree to water, trim, root, prune, brace, or undertake any other necessary
maintenance as may be required for trees located within the Leased Property in
accordance with the regulations provided by Miami -Dade County Department
of Environmental Resources Management ("DERM") for one (1) year.
(b) Tree installation. The Developer shall install trees opportunistically within the
street corridors as depicted in the Concept Book, subject to approval by the
City's Public Works, Planning and/or Environmental Resources Departments,
and Miami -Dade County DERM.
14. Public Benefits.
(a) The Developer is required to provide those below listed public benefits which are
further detailed in the Lease Agreements and Construction Administration
Agreement. Notwithstanding any language to the contrary, the below listed
public benefits shall be required independently of the Lease Agreements and
Construction Administration Agreement, regardless of any amendments,
waivers, termination, or other modification of the Lease Agreements or
Construction Administration Agreement.
i. Park Fund Contribution: Pursuant to Section 3.5(A) of the
Construction Administration Agreement, Developer will make
certain contributions for the acquisition and improvements to City
parks.
ii. Baywalk Contribution: Pursuant to Section 3.5(B) of the
Construction Administration Agreement, Developer will make
certain contributions for the benefit of the City's Baywalk-Riverwalk
Proj ects.
iii. Public Park Development: Pursuant to Section 2.3 of the
Construction Administration Agreement, Developer will deliver to
the City a public park within the Overall Property with such
improvements as set forth in Exhibit D of the Construction
Administration Agreement.
iv. Living Wage: Pursuant to Article 12 of the Construction
Administration Agreement and Article 27 of the Lease Agreements,
the Developer will provide a living wage for its on -site employees
and establish other programs related thereto.
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V. Responsible Wages: Pursuant to Section 11.2 of the Construction
Administration Agreement, Developer will pay responsible wages
for laborers and mechanics performing work on the Stadium.
vi. Union Labor: Pursuant to Section 12.4 of the Construction
Administration Agreement, Developer will use good faith efforts to
have twenty percent (20%) of the construction labor force, including
electrical workers, comprising of union employees.
vii. Hiring Preferences: Pursuant to Section 11.3 of the Construction
Administration Agreement, Developer will include in its prime
construction contracts requirements providing for hiring preferences
for City residents and, subsequently, Miami -Dade County residents.
viii. Ex -Felon Outreach: Pursuant to Section 26.2 of the Lease
Agreements, Developer will establish programs to promote the
employment of ex -felons within the Project.
ix. District 5 Participation: Pursuant to Section 26.3 of the Lease
Agreements, Developer will establish programs to include
individuals residing within the boundaries of District 5 of the City
Commission within the retail and concession areas located within the
Proj ect.
X. Soccer Programs: Pursuant to Section 2.5 of the Construction
Administration Agreement, Developer will establish programs to
encourage participation of women in soccer and make available the
"Sports Fields" (as defined in the Construction Administration
Agreement) free of charge to residents of the City that are sixteen
(16) years or younger (subject to the limitations set forth therein).
The specific sections referenced in the Lease Agreements and Construction Administration
Agreement are detailed in Exhibit D.
15. Subdivision. Pursuant to Section 55-10(f) of the City Code, a permit may be issued
for the construction by the City, its agent or lessee on City -owned land -- platted or
unplatted -- of a structure or other on -site improvements. In the event that the Leased
Property is required to replat for any reason, a Phased Project, as defined herein, shall
be permitted to obtain a Temporary Certificate of Occupancy (a "TCO") or
Certificate of Occupancy (a "CO") prior to the completion of subdivision
improvements required pursuant to any re -platting of the Leased Property.
16. Street Closure and Vacation. An element to the development of the southern
portion of the SAP Area and the Public Park is the vacation and closure of certain
platted but unimproved rights of way as depicted in the Lejeune Garden Estates
Section 4 Plat (the "Plat") as recorded in Official Plat Book 44 at Page 23 of the
Public Records of Miami -Dade County, Florida. A legal description of the special
rights of way to be closed, vacated, and discontinued from public use (the "ROWs")
is attached as Exhibit E. The ROWS, though depicted on the Plat, are not, and have
never been, improved and the existing golf course currently encroaches over the
entirety of the ROWS.
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(a) Findings Related to the ROWS. Notwithstanding Section 55-15(c) of the City
Code, the City makes the following findings of fact related to the closure,
vacation, and abandonment of the ROWS:
i. It is in the public interest because it will result in the creation of the
Public Park and the ROWS were never improved.
ii. The general public and public service vehicles do not use the
ROWS, as they were never improved, and improved access will be
created by the vacation and closure of the ROWS.
iii. There would be no adverse effect on the ability to provide
emergency services, as the ROWS do not provide any access for
any emergency services.
iv. The vacation and closure of the ROWS will have a beneficial effect
on pedestrian and vehicular circulation because the Public Park
will provide pedestrian and vehicular access that does not currently
exist.
(b) Closure and Vacation. In accordance with Section 54-4(c) of the City Code,
the closure, vacation, and abandonment of the ROWs shall not in any manner
affect utility equipment or services already installed in the ROWs, or the right
to thereafter maintain and operate the equipment and services in the ROWS
during the term of the franchise under which the equipment and services were
installed therein provided that nothing herein shall preclude any of the Parties
from subsequently pursuing removal of equipment, if any, in accordance with
applicable law. The respective Parties, if such satisfactory removal
arrangements are not made with utilities with facilities in the ROWS, shall
convey easements to utilities, prior to the final vacation and closure of the
ROWS, in order to ensure continued use by any utility with facilities therein,
provided however that this shall not be construed as a duty on any party to
remove or relocate utility facilities located on its respective properties.
(c) Vacation and Closure Notice. Within sixty (60) days of the Effective Date,
the City shall execute and record the Vacation and Closure Notice, a template
of which is attached as Exhibit F. Upon recordation of the Vacation and
Closure Notice, the ROWs shall be deemed closed, vacated, and
discontinued, without requiring re -platting by the Parties, at which time the
City shall update its applicable records, including its Municipal Atlas Sheets
kept on file with the Department of Resilience and Public Works evidencing
the same. An easement shall be reserved for the installation, maintenance and
operation of any utility located in or to be located in the ROWS vacated by
this section, including the right of the utility to install, maintain, operate,
repair and replace any poles, wires, pipes, conduits, sewer mains, water
mains, or any other facility or equipment for the maintenance or operation of
any utility. Prior to issuance of a building permit for any portion of the Leased
Property encumbered by an easement where a ROW was vacated, the
Developer must petition the Director of the Resilience and Public Works
Department in writing to request the release of the easement reservation and,
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as part of the petition, submit release letters from the utility companies listed
below stating that said utility company either has no facilities within the
vacated ROWs or releases any interest they may have within the vacated
ROWS.
• Florida Power & Light
• Miami -Dade County Water and Sewer Department
• Comcast Cable Communications, Inc.
• TECO Gas
• AT&T Florida
• Sprint
• Hotwire Communications
Upon verification of the petition and release letters, the Director of the Resilience and
Public Works Department shall release said easement reservation and record a Release of
Reservation of Easement instrument within thirty (30) days.
17. Compliance with Fire/Life Safety Laws. The Developer shall at all times in the
development and operation of the Project comply with all applicable fire and life
safety laws, ordinances and regulations including life safety codes to ensure the
safety of all SAP Area and City residents and guests. Specifically, and without
limitation, the Developer will install and construct all required fire safety equipment
and water lines with flow sufficient to contain all possible fire occurrences within the
Leased Property.
18. Alcoholic Beverage Sales; Retail Specialty Center Designation. Except as
otherwise set forth in or modified by this Section 18, alcoholic beverage sales within
the Leased Property shall be governed by Chapter 4 of the City Code, except as
modified herein. Pursuant to Chapter 4 of the City Code, a retail specialty center is
hereby designated for properties located within the Leased Property as follows:
The Retail Specialty Center
The maximum number of Alcohol Service Establishments (as defined in Miami 21)
permitted within the Retail Specialty Center shall not exceed seven (7)
establishments. Such Alcohol Service Establishments are exclusive of (i) Food
Service Establishments (as defined in Miami 21) where the sale of alcoholic
beverages is entirely incidental to and in conjunction with the principal sale of food
(e.g. bona fide, licensed restaurants or cafes operating with a 2-COP, 4-COP, SFS, or
equivalent license) and (ii) other establishments with an alcoholic beverage license
which are otherwise exempt from distance separation requirements under Section 4-
4 of the City code (e.g. bona fide, licensed hotels operating with a 4-COP S or
equivalent license).
ii. The Sports Specialty Center
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The maximum number of Alcohol Service Establishments (as defined in Miami 21)
permitted within the Sports Specialty Center shall not exceed five (5) establishments.
Such Alcohol Service Establishments are exclusive of (i) Food Service
Establishments (as defined in Miami 21) where the sale of alcoholic beverages is
entirely incidental to and in conjunction with the principal sale of food (e.g. bona
fide, licensed restaurants or cafes operating with a 2-COP, 4-COP, SFS, or equivalent
license) and (ii) other establishments with an alcoholic beverage license which are
otherwise exempt from distance separation requirements under Section 4-4 of the
City code (e.g. bona fide, licensed hotels operating with a 4-COP S or equivalent
license).
Notwithstanding anything to the contrary contained in Chapter 4 of the City Code
(including Sections 4-4 and 4-7 thereof) or in Miami 21, the City and the Developer
hereby acknowledge and agree that, within the SAP Area, (i) Alcohol Service
Establishments, (ii) Food Service Establishments and (iii) other establishments with
an alcoholic beverage license which are not otherwise exempt from distance
separation requirements under Section 4-4 of the City Code shall each be permitted
By Right (as defined in Miami 21), in accordance with Article 4, Table 3 and Article
6, Table 13 of the Regulating Plan, and shall not require any specific administrative
or public hearing approval (i.e., no Warrant or Exception under Miami 21 or Chapter
4 of the City Code) for the commencement or continuation of such establishment or
use. In addition, all restrictions contained in Chapter 4 of the City Code or in Miami
21 relating to the maximum number or location of Alcohol Service Establishments,
including without limitation, required distances from churches, residential districts,
schools and other Alcohol Service Establishments, whether within or outside the SAP
Area, shall not be applicable to any Alcohol Service Establishment within the Leased
Property.
In addition, notwithstanding anything to the contrary contained in Chapter 4 of the
City Code (including Section 4-3 thereof), the City and the Developer hereby further
agree that the permissible operating hours for alcohol sales at Alcohol Service
Establishments and Food Service Establishments within the Leased Property shall be
as follows: (i) for consumption on the premises, Monday - Sunday between the hours
of 11:00 a.m. - 3:00 a.m., but with one (1) Alcohol Service Establishment within the
Retail Specialty Center and one (1) Alcohol Service Establishment within the Sports
Specialty Center are eligible to operate between the hours of 11:00 a.m. - 5:00 a.m.;
provided, however, an extension of operations to 5:00 am for additional Alcohol
Service Establishments may be permitted by Exception granted by the City's
Planning, Zoning and Appeals Board; and (ii) for consumption off the premises,
Monday - Saturday between the hours of 9:00 a.m. - 12:00 a.m. and Sunday between
the hours of 9:00 a.m. - 7:00 p.m.
19. Temporary/Special Events. All temporary events and special events associated with
any ticketed event occurring within the Stadium and related events are permitted by
Right without limitation to the number of events per year or the duration of such
temporary or special events. For all temporary events (as defined at Section 62-521
of the City Code) and special events (as defined at Section 54-1 of the City Code),
13
Miami Freedom Park SAP
Development Agreement
not associated with such ticketed events, the Developer, or its designee, shall submit
a temporary and/or special event application, as applicable, for review to the
appropriate City department and the Neighborhood Service Centers or its
successor/designee servicing the Leased Property no less than ten (10) business days
prior to the date of the event. There shall be no limit on the number of temporary or
special events permitted within the Leased Property. The City hereby agrees to
prioritize, and diligently and in an expedited procedure complete, its review of the
application to ensure coordination of needed City services and avoid possible adverse
impacts of the event.
20. Food Trucks. Food trucks, as defined in Section 31-51 of the City Code, shall be
permitted by Right within the Leased Property, with no limitation on the number of
Food Trucks, subject only to the restrictions contained within Section 31-51(c)(1)(a-
e).
21. Local Development Permits. The Project may require additional permits or
approvals from the City and any division thereof. Subject to required legal process
and approvals, the City shall make a good faith effort to take all reasonable steps to
cooperate with and facilitate all such approvals without waiving its regulatory or
proprietary authority and discretion. Such approvals include, without limitation, the
following approvals and permits and any successor or analogous approvals and
permits:
(a) Waiver(s), Warrant(s), Exception(s), Variances, or SAP Permits;
(b) Subdivision plat and/or waiver of plat approvals;
(c) Public Works approvals;
(d) Stormwater permits;
(e) Street Vacations and Closures;
(f) Covenant or Unity of Title acceptance and the release of any existing Unities,
Covenants or Declarations of Restrictions;
(g) Paving and Drainage Plans and Permits;
(h) Tree Removal and Installation Permits;
(i) Demolition Permits;
0) Environmental Resource Permits;
(k) Miami -Dade (and if applicable, City) Traffic approvals;
(1) Miami -Dade County Water and Sanitary Sewage Agreement(s);
14
Miami Freedom Park SAP
Development Agreement
(m) Miami -Dade County DERM approvals;
(n) Federal Aviation Administration and Miami -Dade Aviation Department
determination(s) and approval(s);
(o) Right of Way Encroachment permits or licenses;
(p) Miami Parking Authority approvals, if applicable;
(q) Building permits, including any associated phased permit;
(r) Certificates of use and/or occupancy;
(s) Sign permits;
(t) Temporary Use and Special Event permits; and
(u) Any other official action of the City, County, or any other government agency
having the effect of permitting /regulating development of the SAP Area.
In the event that the City substantially modifies its land development regulations
regarding site plan approval procedures, authority to approve any site plan for a project
in the Leased Property shall be vested solely in the City Manager, with the prior, written
recommendation of the Planning Director and Zoning Administrator. Any such site
plan shall be approved if it meets the requirements and criteria of the Existing Zoning,
the Comprehensive Plan and the terms of this Agreement, the Lease Agreements, and
the Construction Administration Agreement.
The City Manager is expressly authorized to execute any required Miami -Dade County
Water and Sewer Allocation Agreements and/or Unities of Title, for both the City
and/or Miami -Dade County, for the Project, as may be applicable. For reference,
templates of the Miami -Dade County Water and Sewer Allocation Agreement, City of
Miami Unity of Title, and Miami -Dade County Unity of Title are attached as composite
Exhibit G.
22. Necessity of Complying with Regulations Relative to Development Permits. The
Developer and the City agree that the failure of this Agreement to address a permit,
condition, fee, term, license, or restriction in effect on the Effective Date shall not
relieve the Developer of the necessity of complying with the regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restrictions.
Pursuant to Section 163.3241, Florida Statutes (2021), if state or federal laws are
enacted after the execution of this development agreement which are applicable to
and preclude the parties' compliance with the terms of this development agreement,
this Agreement shall be modified or revoked as is necessary to comply with the
relevant state or federal laws.
15
Miami Freedom Park SAP
Development Agreement
23. Consistency with Comprehensive Plan and Land Development Regulations. The
City finds that development of the SAP Area is in conformity with the Existing
Zoning and is consistent with the Comprehensive Plan and Land Development
Regulations. The City finds that through the companion rezonings and land use
amendments of approximately 25.886 acres of land to CS and Public Parks and
Recreation, the Lessee has satisfied the No Net Loss requirements contained in the
Comprehensive Plan.
24. Phased Development. The Developer and the City agree that the Project may be
developed by multiple parties in multiple phases over the life of the Project and is
designated as a Phased Project, as defined herein.
25. Construction Noise Waiver. Due to the Leased Property's location and other
logistical requirements, the City agrees that the Lessee is granted a construction noise
waiver for the term of this Agreement and is permitted to work between the hours of
6:00 PM and 8:00 AM the following day, on weekdays, or at any time on Sundays or
Holidays.
26. Cooperation, Expedited Permitting and Time is of the Essence. The Parties agree
to cooperate with each other to the full extent practicable pursuant to the terms and
conditions of this Agreement. Exhibit H, attached hereto, establishes the expedited
permitting timelines agreed to by the Parties. The Parties agree that time is of the
essence in all aspects of their respective and mutual responsibilities pursuant to this
Agreement. The City shall reasonably cooperate to expedite the permitting and
approval process in an effort to assist the Developer in achieving its development and
construction milestones. The City will accommodate requests from the Developer's
general contractor and subcontractors for review of phased or multiple permitting
packages, such as those for excavation, site work and foundations, building shell,
core, and interiors. In addition, the City will designate an individual within the City
Manager's office who will have a primary (though not exclusive) duty to serve as the
City's point of contact and liaison with the Developer in order to facilitate expediting
the processing and issuance of all permit and license applications and approvals
across all of the various departments and offices of the City which have the authority
or right to review and approve all applications for such permits and licenses.
Notwithstanding the foregoing, the City shall not be obligated to issue development
permits to the extent the Developer does not comply with the applicable requirements
of the Existing Zoning, the Comprehensive Plan, this Agreement and applicable
building codes.
27. Si2na2e. Consistent with the signage provisions contained in the Lease Agreements,
the Project will need to comply with all applicable Federal, State, County and City
signage codes, rules, laws, orders, regulations, statutes, or ordinances. Permitted
signage will accomplish the following goals: (i) moving pedestrians and vehicle
traffic throughout the Overall Property safely and efficiently; (ii) promoting safe and
efficient pedestrian traffic within the Overall Property; and (iii) properly identifying
the Project through Wayfinding signage. The Signage Program will include, but is
16
Miami Freedom Park SAP
Development Agreement
not limited to, the following sign types: wall, window, projecting, hanging, awning,
monument, menu board, Dynamic, Painted Roof Sign, and/or stadium directional
signs, as provided for in the City Code, Regulating Plan, land development
regulations, as legally authorized and provided herein. To the extent the City adopts
more favorable signage regulations than those currently existing as of the Effective
Date of this Agreement, the Leased Property shall be the beneficiary of the most
favorable applicable signage regulations, provided the same is permissible pursuant
to the Lease Agreements.
a. Pursuant to Article 2, Section 2-779(a), the Leased Property is eligible to
obtain permit(s) for the erection of outdoor advertising signs on a building located on
the City owned Leased Property and operated by the Lessee, subject to the provisions
therein.
b. All banners for temporary events and special events associated with
ticketed events occurring within the Stadium and related events are permitted by
Right and are not subject to the limitations of Chapter 62, Division 8 of the City Code.
C. Pursuant to Chapter 62, Section 62-618.5 of the City Code, the Leased
Property is eligible to receive a relocated digital or static Billboard, subject to the
limiting provisions contained therein.
28. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the Leased Property in accordance with the Existing Zoning
within the SAP, the Comprehensive Plan, Regulating Plan, Concept Book, and
this Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of development
permitted on the Leased Property in a manner consistent with (1) the Existing
Zoning and/or the Comprehensive Plan, (2) any zoning change subsequently
requested or initiated by the Developer in accordance with applicable provisions of
law or (3) any zoning change subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of
vested rights or equitable estoppel, obtained or held by the Developer or its
successors or, assigns to continued development of the Leased Property in
conformity with the Existing Zoning and all prior and subsequent approved
development permits or development orders granted by the City. The City reserves
its immunities, defenses and any claims it has as to vested rights or equitable
estoppel.
29. Annual Review.
(a) The Developer shall provide the City on an annual basis a status of the
Project in order for the City to conduct an annual review of the Development,
including compliance with the Public Benefits as described in Section 14 herein.
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Miami Freedom Park SAP
Development Agreement
This requirement shall commence twelve (12) months after the Effective Date and
shall continue throughout the term.
(b) During its annual review, the City may ask for additional information not
provided by the Developer. Any additional information required of the Developer
during an annual review shall be limited to that reasonably required to determine
the extent to which the Developer is proceeding in good faith to comply with the
terms of this Agreement.
(c) Subject to the applicable terms and provisions of this Agreement, if the City finds
on the basis of competent substantial evidence that the Developer intentionally,
willfully or negligently failed to substantially comply with the terms, obligations,
or conditions of this Agreement, the City may terminate or amend this Agreement
after providing thirty (30) days written notice to the Developer unless cured by the
Developer prior to the expiration of such thirty(30) day period; provided, however,
that if such failure cannot reasonably be cured within thirty (30) days, the
Developer shall not be in default if it measurably commences to cure such breach
within such thirty (30) day period and diligently pursues the cure to completion.
Any termination or modification of this Agreement shall not become effective until
the City Commission approves same after holding two (2) duly noticed public
hearings.
30. Notice. All notices, demands and requests which may or are required to be given
hereunder shall, except as otherwise expressly provided, be in writing and delivered
by personal service or sent by United States Registered or Certified Mail, return
receipt requested, postage prepaid, or by overnight express delivery, such as Federal
Express, to the Parties at the addresses listed below. Any notice given pursuant to
this Agreement shall be deemed given when received. Any actions required to be
taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall
be deemed to be performed timely when taken on the succeeding day thereafter which
shall not be a Saturday, Sunday or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With copies to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Law@miamigov.com
R.
Miami Freedom Park SAP
Development Agreement
Department of Planning
Miami Riverside Center
444 S.W. 2nd Ave., 3rd Floor
Miami, FL 33130
planning@miamigov.com
Department of Resilience and Public Works
Miami Riverside Center
444 S.W. 2nd Ave., 8th Floor
Miami, FL 33130
Internetpublicworks@miamigov.com
To the Developer:
Miami Freedom Park, LLC
c/o Pablo Alvarez, Esq.
800 Douglas Road, 12th Floor
Coral Gables, FL 33134
With copies to:
Greenberg Traurig, P.A.
Attn: Iris V. Escarra, Esq.
333 SE 2nd Avenue, Suite 4400
Miami, FL 33131
Any Party to this Agreement may change its notification address(es) by providing written
notification to the remaining parties pursuant to the terms and conditions of this section.
31. Enforcement. The City, its successor or assigns, and the Developer, its successors
or assigns, shall have the right to enforce the provisions of this Agreement.
Enforcement shall be by action at law or in equity against any parties or persons
violating or attempting to violate any covenants, either to restrain violation or to
recover damages or both. Each party shall bear its own respective attorney's fees.
32. Modification. In accordance with the Concept Book and development plans, the
Project will be developed in multiple phases. This Agreement may be modified,
amended or released as to any phase, or any portion thereof, by a written instrument
executed by the then, owner(s) and/or leaseholder(s) of such phase provided that the
same is also approved by the City Commission at two (2) publicly noticed hearings.
Any application related to a particular phase, or any portion thereof, shall only
require the consent, acknowledgment and/or joinder of the then owner(s) and
mortgagees, if applicable, of such phase. In the event that there is a recorded
homeowner, master, condominium and/or other association covering the property,
any phase or any portion thereof, said association may (in lieu of the signature or
consent of the individual members or owners), on behalf of its members and in
accordance with its articles of incorporation and bylaws, consent to any proposed
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Miami Freedom Park SAP
Development Agreement
modification, amendment, or release by a written instrument executed by the
association. Any consent made pursuant to a vote of an association shall be
evidenced by a written resolution of the association and a certification executed by
the secretary of the association's board of directors affirming that the vote complied
with the articles of incorporation and the bylaws of the association. For purposes of
this Agreement, references to "condominium association" or "association" shall mean
any condominium or other association or entity, including master association, as
applicable, which governs any portion of the Leased Property.
33. Authorization to Withhold Permits and Inspections. In the event the Developer is
obligated to make payments or material improvements under the terms of this
Agreement or to take or refrain from taking any other action under this Agreement
and/or the Lease Agreements, including any financial obligations under the Lease
Agreements, and such obligations are not performed as required, in addition to any
other remedies available, the City is hereby authorized to withhold any further
permits, and refuse any inspections or grant any approvals until such time this
Agreement and/or the Lease Agreements is complied with.
34. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood
and agreed by the parties hereto, that this Agreement shall be governed by the laws
of the State of Florida, and any applicable federal law, both as to interpretation and
performance, and that any action at law, suit in equity or judicial proceedings for the
enforcement of this Agreement or any provision hereof shall be instituted only in the
courts of the State of Florida or federal courts and venue for any such actions shall
lie exclusively in a court of competent jurisdiction in Miami -Dade County. In
addition to any other legal rights, the City and the Developer shall each have the right
to specific performance of this Agreement in court. Each party shall bear its own
attorney's fees. Each party waives any defense, whether asserted by motion or
pleading, that the aforementioned courts are an improper or inconvenient venue.
Moreover, the parties consent to the personal jurisdiction of the aforementioned
courts and irrevocably waive any objections to said jurisdiction. The Parties
irrevocably waive any rights to a jury trial.
35. Severability. Invalidation of any of these covenants, by judgment of court of
competent jurisdiction in any action initiated by a third party, in no way shall affect
any of the other provisions of this Agreement, which shall remain in full force and
effect. The Parties agree that in the event any part of this Agreement is struck down
by judicial proceedings, the Parties shall continue to honor the remaining terms and
conditions of this Agreement to the extent allowed by law. Invalidation, amendment,
or of the Lease Agreements and/or Construction Administration Agreement
36. No Oral Change or Termination. This Agreement and the exhibits and attachments
constitute the entire agreement between the Parties with respect to the components
of the Miami Freedom Park SAP discussed herein. This Agreement supersedes any
prior agreements or understandings between the Parties with respect to the subject
matter hereof. No change, modification, or discharge hereof in whole or in part shall
be effective unless such change, modification, or discharge is in writing and signed
20
Miami Freedom Park SAP
Development Agreement
by the Parry against whom enforcement of the change, modification, or discharge is
sought and after two (2) public hearings before the City Commission. This
Agreement cannot be changed or terminated orally.
37. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the term of this Agreement, the Developer shall comply with
all applicable federal, state, and local laws, rules, regulations, codes, ordinances,
resolutions, administrative orders, permits, policies and procedures, and orders that
govern or relate to the respective Parry's obligations and performance under this
Agreement in all material respects, all as they may be amended from time to time.
38. Representations; Representatives. Each Party represents to the other that this
Agreement has been duly authorized, delivered, and executed by such Parry with the
legal authority to do so and therefore this Agreement constitutes the legal, valid, and
binding obligation of such parry, enforceable in accordance with its terms.
39. No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever
possible, the remedies granted hereunder upon a default of the other Party shall be
cumulative and in addition to all other remedies at law or equity arising from such
event of default (other than any remedy which may be available at law or in equity
which permits the termination of this Agreement), except where otherwise expressly
provided.
40. Events of Default.
(a) The Developer shall be in default under this Agreement if any of the following
events occur and continue beyond the applicable grace period: the Developer fails
to perform or breaches any material term(s), covenant(s), or condition(s) of this
Agreement, which breach is not cured within thirty (30) days after receipt of written
notice from the City specifying the nature of such breach; provided, however, that
if such breach cannot reasonably be cured within thirty (30) days, then the
Developer shall not be in default if it commences to cure such breach within said
thirty (30) day period and diligently prosecutes such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform or
breaches any material term(s), covenant(s), or condition(s) of this Agreement and
such failure is not cured within thirty (30) days after receipt of written notice from
the Developer specifying the nature of such breach; provided, however, that if such
breach cannot reasonably be cured within thirty (30) days, the City shall not be in
default if it commences to cure such breach within said thirty (30) day period and
diligently prosecutes such cure to completion.
(c) It shall not be a default under this Agreement if either parry is declared bankrupt
by a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive such bankruptcy of any party. The Parties hereby forfeit any right to
21
Miami Freedom Park SAP
Development Agreement
terminate this Agreement upon the bankruptcy of the other parry.
(d) Notwithstanding the foregoing or anything contained in this Agreement to the
contrary, following an assignment of this Agreement, (i) a default by any
successor(s) or assignee(s) of the Developer of any portion of this Agreement shall
not be deemed to be a breach by (A) the Developer, or (B) any other successor or
assignee of the Developer; and (ii) a default by the Developer under this Agreement
shall not be deemed to be a breach by any successor(s) or assignee(s) of the
Developer of their respective rights, duties, or obligations under this Agreement.
For purposes of clarity, the Project may be developed by multiple parties in
multiple phases over the next several years. Any actual or alleged default by a
developer of a portion(s) or phase(s) of the Project, including, but not limited to,
the Developer, shall not cause, nor be treated, deemed, or construed as a default by
another developer or Party with respect to any other portion(s), phase(s), or
component(s) of the Project.
41. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other party,
unless otherwise indicated in this Agreement, but shall have all of the remedies
enumerated herein. Nevertheless, upon a material breach of this Agreement by a
Parry, the non -breaching Parry shall have the right to terminate this Agreement
upon a final order from a court of competent jurisdiction finding this Agreement
rescinded or terminated due to a material breach which has not been cured.
(b) Upon the occurrence of a default by a party to this Agreement not cured within the
applicable grace period, the Developer and the City agree that any party may seek
specific performance of this Agreement, and that seeking specific performance
shall not waive any right of such party to also seek monetary damages, injunctive
relief, or any other relief other than termination of this Agreement.
42. Assignment or Transfer. This Agreement shall be binding on the Developer and its
heirs, successors, and assigns, including the successor to or assignee of any Property
Interest. The Developer, at its sole discretion, may assign, in whole or in part, this
Agreement including any of its rights and obligations hereunder, or may extend the
benefits of this Agreement, to any holder of a Property Interest without the prior
written consent or any other approval of the City, as part of an assignment of an
interest in the Lease Agreement pursuant to the terms thereof. The City shall be
notified in writing within thirty (30) days after any assignment or transfer.
43. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful
termination of this Agreement, the following obligations shall survive such
termination and continue in full force and effect until the expiration of a four (4) year
term following the earlier of the effective date of such termination or the expiration
of the Term: (i) the exclusive venue and choice of law provisions contained herein;
(ii) rights of any party arising during or attributable to the period prior to expiration
22
Miami Freedom Park SAP
Development Agreement
or earlier termination of this Agreement; and (iii) any other term or provision herein
which expressly indicates either that it survives the termination or expiration hereof
or is or may be applicable or effective beyond the expiration or permitted early
termination hereof.
44. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and the Developer and neither
the Developer nor its employees, agents, contractors, subsidiaries, divisions,
affiliates or guests shall be deemed agents, instrumentalities, employees, or
contractors of the City for any purpose hereunder, and the City, its contractors,
agents, and employees shall not be deemed contractors, agents, or employees of the
Developer or its subsidiaries, divisions or affiliates.
45. Successor(s), Assigns, and Designees. The covenants and obligations set forth in
this Agreement shall extend to the Developer, its successor(s) and/or assigns.
Nothing contained herein shall be deemed to be a dedication, conveyance or grant to
the public in general nor to any persons or entities except as expressly set forth herein.
46. Third -Party Defense. Developer agrees to indemnify, defend, and hold harmless the
City against and from any and all claims by or on behalf of any person, firm or
corporation, arising, from this Agreement, the SAP approval, and any hazardous
condition of the Property, in accordance with and subject to the indemnification
provisions provided in Section 8.2 of the Lease Agreements. For avoidance of doubt,
the Developer hereby acknowledges that the indemnification obligations of the
Developer set forth in Section 8.2(a) of the Lease Agreements includes any liability,
loss or damage incurred by the City resulting from a challenge to the Development
Agreement or the approval of the Special Area Plan.
47. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of the Developer
and its successors and assigns, and the City in writing. Prior to amending or
terminating this Agreement, the City Commission shall hold two (2) duly noticed
public hearings
48. No Third -Party Beneficiary. No persons or entities other than the Developer and
the City, permitted successors and assigns, shall have any rights whatsoever under
this Agreement.
49. Recording. A fully executed original of this Agreement shall be recorded in the
public records of the County by the Developer, at the Developer's sole cost and
expense, within thirty (30) days after execution by all Parties. This Agreement shall
be recorded in the Public Records of Miami -Dade County, Florida at the Developer's
expense and shall inure to the benefit of the City. A copy of the recorded
Development Agreement shall be provided to the City Clerk, the City Attorney, and
the Planning Department within two (2) weeks of recording.
50. No Conflict of Interest. The Developer agrees to comply with Section 2-612 of the
23
Miami Freedom Park SAP
Development Agreement
City Code as of the Effective Date, with respect to conflicts of interest and with the
State of Florida Ethics Code, and the Miami -Dade County Conflict of Interest and
Code of Ethics Ordinance.
51. Counterparts/Electronic Signature. This Agreement may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original,
and such counterparts shall together constitute but one and the same Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facsimile, PDF or other email transmission), which signature shall be
binding on the party whose name is contained therein. Any party providing an
electronic signature agrees to promptly execute and deliver to the other parties an
original signed Agreement upon request..
52. Estoppel Certificate. Upon request by the Developer, the City or its duly authorized
representative will deliver to the Developer, within thirty (30) days after such request
is made, a certificate in writing certifying (a) that this Agreement is unmodified and
in full force and effect (or if there have been any modifications, a description of such
modifications and confirmation that this Agreement as modified is in full force and
effect); (b) that to the best knowledge, information and belief of such the City, the
Developer is not, at that time, in default under any provision of this Agreement, or,
if in default, the nature thereof in detail; (c) to the best knowledge of the City, whether
Developer has a claim against the City under this Agreement, and, if so, the nature
thereof and the dollar amount of such claim; and (d) such other matters as such
Developer or its lender may reasonably request. Each Party further agrees that such
certificate shall be in a form reasonably acceptable to the City Attorney and may be
relied upon by (1) any prospective purchaser of the fee or mortgage or assignee of
any mortgage on the fee of the Leased Property or any portion thereof.
NOW, WHEREOF, the City and the Developer have caused this Agreement to be duly
executed.
[Execution Pages for the City and the Developer Follow]
24
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Miami Freedom Park SAP
Development Agreement
Miami Freedom Park, LLC., a
Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of 2022, by
Wki
liability company. Personally Known
Type of Identification Produced
of Miami Freedom Park, LLC, a Florida limited
or Produced Identification
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
25
CITY OF MIAMI, FLORIDA
ATTEST:
ME
Miami Freedom Park SAP
Development Agreement
Arthur Noriega V, City Manager
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez, City Attorney
26
Miami Freedom Park SAP
Development Agreement
Exhibit "A"
Legal Descriptions of Property
27
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
N87.24 21 E 392.40'
SCALE: 1 "=500' POINT OF BEGINNING
North Line, NE 114,
Section 32-53-41 Northeast Corner,
Section 32-53-41
S7124'19E 146.44'
N87'24 21 E 609.46' = 20,30' L=177.36'
d=4630'17" , 65.00'
N70104 29E 285.46' d- 0' 0:.8 R=218.52'
50.00' �- N88.49 41 E 251.82' C 6 .6 CH. D.=172.54
NO2'55 37"W 506.92' = 6• CH.B.=S38'18'05 E
N
� S8703 24 "W 4.09'
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,µ CH.8.=N08'39'101W L=641.24' d=640341" Z �
g R=573.52' CH.D.=608.36' N
2 CH.B.=S165854W
L=177.36' d=4630'17"
50.00' f R=218.52' CH.D.=172.54' J •o
N07.5800'WV CH.B.=N38'1805"W L=177.36' d=46'30'17"
19368' L=263.54' d=22755'46" R=218.52' CH.D.=172.54'
R=658.52' CH.D.=261.78' CH.8.=S72'1552 W
CH.B.=N730f 06'W
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I 28 Z I I L___
L---4-----4 1 6 27 I I--- r I Z
1___� 1 6 1 23 16 I I
Z -1-27- I I 6 I 23 1� 7 1 26 I 1--------1"�I 1
1 1 I---- I __ ___ W 5
26 1 1�I 7 4 22 13r 1
1 1 7 _22_ I' 8-- -25 1�I"--- ,
W �-25L=337.81' d=41'1052" 9 24 IQI I I o
.9 2, _ i ___err LeJeune Garden I m
Qo io T 2`R=470.00' CH.0.=330.59'_=10 -+_23_ J-1 Estates Section 4 I W
Q ----CH.B.=N2400 i2"W 11 _ 1 _2_2_ I .r Plat Book 44,
a N� -11� 2- i 1_io- i _19_ i i--_12 T_21_iz� Page 23 I
12 3 13 I'P� -I 11 -T -18- I r 13 1 20
r---gyp-- j j 11 I I I
2I --t-�= 1 4---t--- 12 Ip17
v 14 s 12 _1_17- 1 1 14 I -19- I L--- I L- I
1-19--s? I I r--- T 1 I 13
15 1 18_ ``'_ 1-16_J L 15-+-18_J L--- t
POINT OF N0053'17'WV 59.96' 15 1 1 16 1 17 1 1l 14— I 15 1 �J
COMMENCEMENT ��--�4t�ET - - -
Southwest Corner, — —
T N88 08'18 E 649.34' N00'53'17'W 45.01' o South Line, N.E. 114,
Northeast 114, Section 32-53-41
Section 32-53-41 N
Note: R - Radius
1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line d - Delta Angle
of the Northeast One -Quarter (114) of Section 32, Township 53 South, Range 41 East, Miami -Dade L - Arc Length
County, Florida. Ch.B. - Chord Bearing
2. This sketch is not valid without the signature and the original raised seat of the attesting Rorida Ch.D. - Chord Distance
licensed surveyor and mapper.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
ORDER NO.
214269
DATE: 10/11/2021
SHEET 1 OF 7 SHEET(S)
GOLF COURSE\SKETCH LEGAL
F.B.. N.A.
OCT 2021 \PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 53 SOUTH,
RANGE 41 EAST, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32; THENCE RUN ALONG THE
SOUTH LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32, NORTH 88°08'18" EAST FOR A DISTANCE OF 649.34
FEET TO A POINT; THENCE RUN NORTH 00 53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A POINT ON A LINE 45.00 FEET NORTH
OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (114) OF
SECTION 32; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LEJEUNE ROAD) THE
FOLLOWING FIVE (5) COURSES; (1) THENCE RUN NORTH 00'53'17" WEST FOR A DISTANCE OF 59.96 FEET TO A POINT; (2) THENCE
RUN NORTH 48 58'49 " WEST FOR A DISTANCE OF 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO
THE NORTHEAST, (3) THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00
FEET, A CENTRAL ANGLE OF 41 °10'52" A CHORD LENGTH OF 330.59 FEET ALONG A CHORD BEARING OF NORTH 24'00'32" WEST,
FOR A DISTANCE OF 337.81 FEET TO A POINT OF TANGENCY; (4) THENCE RUN NORTH 0X25'06" WEST FOR A DISTANCE OF 623.61
FEET TO A POINT; (5) THENCE RUN NORTH 07°58'00" WEST FOR A DISTANCE OF 193.68 FEET TO A POINT ON A LINE 50.00 FEET
EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID
SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST
LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32, NORTH 00'5435" WEST FOR A DISTANCE OF 992.21 FEET TO A
POINT; THENCE RUN NORTH 88°49'41 " EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70°04'29" EAST FOR
A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE RUN ALONG THE NORTH LINE OF SAID
SECTION 32, NORTH 8724'21 " EAST FOR A DISTANCE OF 609.46 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
PARCEL OF LAND; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87-24'21 " EAST FOR A DISTANCE OF
392.40 FEET TO A POINT; THENCE RUN SOUTH 7124'19" EAST FOR A DISTANCE OF 146.44 FEET TO A POINT ON A NON -TANGENT
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE
RIGHT HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 1030'38", A CHORD LENGTH OF 120.63 FEET AND A CHORD
BEARING OF SOUTH 664832" EAST, FOR AN ARC DISTANCE OF 120.80 FEET TO A POINT OF COMPOUND CUR VATURE,• THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF
4630'17, A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 3878'05" EAST, FOR AN ARC DISTANCE OF 177.36
FEET TO A POINT OF COMPOUND CUR VA TURF; THENCE RUN SOU THERL Y ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT,
HAVING A RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 64 03'41 ", A CHORD LENGTH OF 608.36 FEET AND A CHORD BEARING OF
SOUTH 165854" WEST, FOR AN ARC DISTANCE OF 641.24 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN WESTERLY
ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HA VING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF 4630'17 , A
CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 7275 52" WEST, FOR AN ARC DISTANCE OF 177.36 FEET TO A
POINT OF COMPOUND CURVATURE; THENCE RUN WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS
OF 658.52 FEET, A CENTRAL ANGLE OF 225546", A CHORD LENGTH OF 261.78 FEET AND A CHORD BEARING OF NORTH 7301'06"
WEST, FOR AN ARC DISTANCE OF 263.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE
ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 218.52 FEET A CENTRAL ANGLE OF 4630'17", A CHORD LENGTH
OF 172.54 FEET AND A CHORD BEARING OF NORTH 3878105" WEST FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF
COMPOUND CUR VA TORE,THENCE RUN NOR THERL Y ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HA VING A RADIUS OF
573.52 FEET, A CENTRAL ANGLE OF 124734", A CHORD LENGTH OF 127.79 FEET AND A CHORD BEARING OF NORTH 0839'10" WEST
FOR AN ARC DISTANCE OF 128.05 FEET TO A POINT; THENCE RUN SOUTH 8703'24" WEST FOR A DISTANCE OF 4.09 FEET TO A
POINT; THENCE RUN NORTH 025537" WEST FOR A DISTANCE OF 508.92 FEET TO THE POINT OF BEGINNING; CONTAINING 547,554
SQUARE FEET MORE OR LESS OR 12.570 ACRES MORE OR LESS.
NOTE.•
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (NORTH 8808'18" EAST) ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE ATTESTING FLORIDA LICENSED
SURVEYOR AND MAPPER.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
ORDER NO.: 214269
DATE: 10/11/2021
SHEET 2 OF 7 SHEET(S)
GOLF COURSE\SKETCH LEGAL
F.B..
N.A.
OCT 2021 \PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SCALE: 1 "=500' POINT OFBEGINNING
N8724 21 E 117.47'
N70104 29 E 285.46'
N88'49'41 E
251.82' p
512'00' 10pW 1164'0,
North Line, NE 114,
N87'2421E Section 32-53-41
491.99' N8724 21 E 351.42'
Poin t ��f� N87.24 21 958.69'
Po/
OFF
S02'55 i7"f BEGINNING
150.97'
L=208.06' A=62'44 26"
R=190.00' CH.0.=197.82'
CH.B.=N38'42'14 E
N07'20 O1 E 167.35'
NO3 0 f 06"W 244.78"
S865854'W 346.60'-
S0152 56E 242.22
Northeast Corner,
Section 32-53-41
c, • a
I
v �oZ�h
N0758 00"W I W
19.. 68'
N.W. 17th STREET--------------_-_--_------- I
�; h --�--- ---- ------�Wr 1 i 32 r' i _2a (7 I --�I 35.00'
I 1 I 32 �4� 1 1 28 1�1 I L_-- I
Z N-+---�?4---T----1zr---t----1 12 27 1 1 2 1 1
11, 2 27 � 2 1 31 1 L--- ---J L-- I
ai 2 I 31--1---J¢I I I I
—.o ¢o �° —t--- �yl 3 1 26 1�r 3 I 30 1 L-3 _J-26—J L3— �I
30---1---��I----T--- 1 1 4 I 25 1_W 4 I
4 T 29 4 1 25 I I 4 _�—�9— 1---a--L--
- ---J31----L---_3r-- 1 L--- I ICI 1
I 28 12r I IZL 5— I 28 J I 5 24
N 5 24 t--- 1---A I z M —T---1 I —�---� 1 6 1_27_ 11 6 1 23 Iron 1
o —1_27— I r g 1 23 1 F--- -1 I 6
Z 1 _2_6_ I I— 1 _7 I _2_6_ IWF--- 4 22 13r 5 I Q
j 7_22—5—�F—�—,---121 7—
y W _25-L=337.81'A=41'1052" 1 24 1¢I I l o
y 9 4 _1___1�t LeJeune Garden 1 m
°i 10 23 R=470.00' CH.0.=330.59' p —+-23_ J%I Estates Section 4 - I
Q J cl 1y. — 2_CH.B.=NS24'OO i2"W ; 1 1 22 43E Plat Book 44, -iN
j 19 I h---T---
12 ,sue; I I----T---, 1 12 -1-21 _ I I -- Page 23
2I 13 I � 11 -i-16 O-I L_13-+-20- I 12 I 17 , �
J --t-- 3 12 17 01 I 14 1 _79_ 11---+_-- 1 L- I
14 1 -19- 6� --1-- I r--- j 13 1 16 1 1 1 I I 1 I
N00537 171V 59.96- 15
1 15 d 1 1 1s I 1B 11 14 1 15 1 � L_
POINT OF a -�_
COMMENCEMENT _ _4th — —
Southwest Come,-"�IV88.08'18E 649.34'
Northeast 114, South Line, N.E. 1 4,
Section 32-53-41 1
N Section 32-53-41
N0053'17"W 45.01'
Note: R —Radius
A — Delta Angle
1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line L — Arc Length
of the Northeast One —Quarter (114) of Section 32, Township 53 South, Range 41 East, Miami —Dade Ch.B. — Chord Bearing
County, Florida. Ch.D. — Chord Distance
2. This sketch is not valid without the signature and the original raised seal of the attesting Rorida
licensed surveyor and mapper.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
ORDER NO.: 214269
DATE: 10/11/2021
SHEET _ OF _ SHEET(S) F,B,:
GOLF COURSE\ SKETCH LEGAL \ REZONING \ DWG \ EXHIBITS OCT 2021 \ PAR
N.A.
EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION.•
A PORTION OF UN- SUBDIWIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 5J SOUTH,
RANGE 41 EAST, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS•
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32; THENCE RUN ALONG THE
SOUTH LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32, NORTH 88°08'18" EAST FOR A DISTANCE OF 649.34
FEET TO A POINT• THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A POINT ON A LINE 45.00 FEET NORTH
OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (114) OF
SECTION 32; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LEJEUNE ROAD) THE
FOLLOWING FIVE (5) COURSES; (1) THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 59.96 FEET TO A POINT; (2) THENCE
RUN NORTH 48 5849 " WEST FOR A DISTANCE OF 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO
THE NORTHEAST,• (3) THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00
FEET A CENTRAL ANGLE OF 41 °10'52" A CHORD LENGTH OF 330.59 FEET ALONG A CHORD BEARING OF NORTH 24'00'32" WEST,
FOR A DISTANCE OF 337.81 FEET TO A POINT OF TANGENCY,• (4) THENCE RUN NORTH OJ'25'06" WEST FOR A DISTANCE OF 623.61
FEET TO A POINT• (5) THENCE RUN NORTH 07°58 00" WEST FOR A DISTANCE OF 193.68 FEET TO A POINT ON A LINE 50.00 FEET
EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID
SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST
LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION 32, NORTH 00 5435" WEST FOR A DISTANCE OF 992.21 FEET TO A
POINT; THENCE RUN NORTH 88°49'41 " EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70'04'29" EAST FOR
A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE RUN ALONG THE NORTH LINE OF SAID
SECTION 32 NORTH 87°24 21 " EAST FOR A DISTANCE OF 117.47 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
PARCEL OF LAND; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 8724 21 " EAST FOR A DISTANCE OF
491.99 FEET TO A POINT HEREINAFTER KNOWN AS POINT "A'; THENCE RUN SOUTH 025537" EAST FOR A DISTANCE OF 150.97 FEET
TO A POINT; THENCE RUN SOUTH 72 00'10" WEST FOR A DISTANCE OF 1164.70 FEET TO A POINT; THENCE RUN NORTH 0720101"
EAST FOR A DISTANCE OF 167.35 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 190.00 FEET, A CENTRAL
ANGLE OF 62 4426 ", A CHORD LENGTH OF 197.82 FEET AND A CHORD BEARING OF NORTH 38 42'14" EAST, FOR AN ARC DISTANCE
OF 208.06 FEET TO A POINT; THENCE RUN NORTH 70 04'27" EAST FOR A DISTANCE OF 492.97 FEET TO THE POINT OF BEGINNING;
CONTAINING 272,515 SQUARE FEET MORE OR LESS OR 6.256 ACRES MORE OR LESS.
TOGETHER WITH.•
COMMENCE AT THE AFOREMENTIONED POINT "A ;• THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87°24'21 " EAST
FOR A DISTANCE OF 958.69 FEET TO THE POINT OF BEGINNING "B" OF THE FOLLOWING DESCRIBED PARCEL OF LAND, THENCE
CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 8724'21 " EAST FOR A DISTANCE OF 351.42 FEET TO A POINT•
THENCE SOUTH 01°5256" EAST FOR A DISTANCE OF 242.22 FEET; THENCE SOUTH 865854" WEST FOR A DISTANCE OF 346.60 FEET
TO A POINT; THENCE NORTH OX01106" WEST FOR A DISTANCE OF 244.78 FEET TO THE POINT OF BEGINNING "B'; CONTAINING
84,978 SQUARE FEET MORE OR LESS OR 1.951 ACRES MORE OR LESS.
NOTE.•
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (NORTH 8808'18" EAST) ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE ATTESTING FLORIDA LICENSED
SURVEYOR AND MAPPER.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET _ OF _ SHEET(S)
GOLF COURSE\SKETCH LEGAL\REZONING\DWG\EXHIBITS OCT 2021
ORDER NO.: 214269
DATE: 10/11/2021
F.B.. N.A.
PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
North Line, L=120.80'd=103038"
N8724 21 'E 117.47' NE 1/4,=658.52' CH.O.=120.63'
Section CH.8.=N66'4832"W
N70'04291E 285.46' 32-53-41 No Corner,
N88.494I "E Ndl24 21 "E 566.28' Section 32-53-41
251.82' - a
4g2.91 N7124'191V 65.
4 21 65.00'
146.44' �' N
50.00' 51 ' E 1164.7p / y
"
. p 10 N87 03 24'E S8658 54 "W
SCALE: 1 "=500'
N
a
a
z
I
50.00 L -►I
�i h co
POINT OF
BEUNNING
y1 W
�\ Q
v 3
POINT OF Z
COMMENCEMENT
Southwest Corner,
Northeast 1/4,
Section 32-53-41
2p
N� � S025537'r< 4.09' 58.97'
r 35795S03'03121E
L=208.06' d=62'44 26" L=177.36' 375.24'
R=190.00' CH.0.=197.82' d=4630'17" L=641.24'
CH.B.=S38'4214W R=218.52' d=64'0341"
i
S0, 01 W 167.35' � CH.D.=172.54' R=573.52'
CH.B.=N38'18'05'W a
L=128.05' d=12'4734" CH. D.=608.36' I \a
/R-573.52' CH.D.=127.79' CH.B.=N163854 E W h
CH.8.=S08'3910'E L=624.30' d=850629" Z I
L=177.36' d=46J0'17" R=420.29' CH.D.=568.47' of
R=218.52' CH. D.=172.54CH. B.=S38'45'05'W o
CH.8.=S38'18'05 £ L=177.36' d=46'30'17" I
L 5 - 5 4 R=218.52' CH.D.=172.54'
CH.8.=N72'15 52 E
z B S -- N.W_17th STREET -------_--_----
32 35.00'
I L=1278.24' d=84 J7'16" 1 'I
27
I- y1 2 7 7 I I 31 , R=865.48' CH. D.=1165.19
-
- 1 --+---1 CH.B.=S412031 "W I
---29--I L4_ I
L=106.97' d=13'02 27" I
1 2B LeJeune Garden s 1 W
Z CH.8.=0 9 6'0.=106.74' 6 _1_27_ Ji Estates Section 4 - 1
CH.B.=N093620"W Ir
_ 7 1 _26 Plat Book 44, I
IQ
3 2sPage 23 7 5 1 12
S86'58 54 "W 739.49 1 1 9 1- 94 1 1 0
-- L=230.84' d=28'0825" I L=159.64' d=8757'O1" j -- h m
- 10 R=470.00' CH.D.=228.52' - R=104.00' CH.D.=144.42' 1 9 1 1 3
1,- 2--ICH.B.=N3031451W-T- CH. B.=S43'0023'W
12 �'- I --- 1 i -�-21- I�i 11 I 18 I�1---7
-1`�� -I I 11 1 -18y I r-1J 1 20 PP�ZF---
/J I--- O1---t---�� 12 I 17 IQL-
14 t-- S 12 -1-17511 1 14 _ I -19_ r1---4--- j. I
1 -19- 6'
--- I I?�,�. 1 16 �I Y 15 I 18 1M1 -13 I 16
15 18 _ 1---J---+---J -- t--- 13�
15
N00'53'17'WY 59.96' 15 1 1 16 !I N.W 4t s4 EET`-�ZJ L- - -
'N88'08'18E 649.34' T o
� South Line, N.E. 1/4,
N0053'17"w N Section 32-53-41
45.01 '
Note.-
1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line R - Radius
of the Northeast One -Quarter (1/4) of Section 32, Township 53 South, Range 41 East, Miami -Dade d - Delta Angle
County, Florida. L - Arc Length
2. This sketch is not valid without the signature and the original raised seal of the attesting Rorida Ch.B. - Chord Bearing
licensed surveyor and mapper. Ch.D. - Chord Distance
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET 5 OF 7 SHEET(S)
GOLF COURSE\SKETCH LEGAL\REZONING\DWG\EXHIBITS OCT 2021
ORDER NO.: 214269
DATE: 10/11/2021
F.B.. N.A.
PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION:
ALL THA T PORTION OF LEJEUNE GARDEN ESTA TES SECTION 4, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T
BOOK 44 AT PAGE 2J, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WITHIN THE BOUNDARY OF THE
FOLLOWING DESCRIBED LANDS, TOGETHER WITH UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (114) OF
SECTION J2, TOWNSHIP 5J SOUTH, RANGE 41 EAST, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION J2; THENCE RUN ALONG
THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION J2, NORTH 88°08'18" EAST FOR A DISTANCE OF
649.J4 FEET TO A POINT• THENCE RUN NORTH 00°5J'17" WEST FOR A DISTANCE OF 45.01 FEET TO A POINT ON A LINE
45.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF THE NORTHEAST
ONE -QUARTER (114) OF SECTION J2; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND
AVENUE (LEJEUNE ROAD) THE FOLLOWING SIX (6) COURSES, (1) THENCE RUN NORTH 005J'17" WEST FOR A DISTANCE OF
59.96 FEET TO A POINT; (2) THENCE RUN NORTH 48 5849 " WEST FOR A DISTANCE OF 562.5J FEET TO A POINT ON THE
NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (J) THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 28°08'25", A CHORD LENGTH OF 228.52
FEET ALONG A CHORD BEARING OF NORTH JO°J145" WEST FOR A DISTANCE OF 2JO.84 FEET TO A POINT ON A CIRCULAR
CURVE CONCAVE TO THE EAST AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; (4) THENCE
CONTINUE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 1J°02'27', A CHORD
LENGTH OF 106.74 FEET ALONG A CHORD BEARING OF NORTH 09 56'20" WEST, FOR A DISTANCE OF 106.97 FEET TO A
POINT OF TANGENCY,• (5) THENCE RUN NORTH OJ'25'06" WEST FOR A DISTANCE OF 62J.61 FEET TO A POINT; (6) THENCE
RUN NORTH 07°58'00" WEST FOR A DISTANCE OF 19J.68 FEET TO A POINT ON A LINE 50.00 FEET EAST OF AND PARALLEL
WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION J2;
THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF THE NORTHEAST ONE -QUARTER (114) OF SAID SECTION J2, NORTH 00°54J5" WEST FOR A DISTANCE OF 992.21 FEET TO
A POINT; THENCE RUN NORTH 88°49'41 " EAST FOR A DISTANCE OF 251.82 FEET TO A POINT• THENCE RUN NORTH 70704'29"
EAST FOR A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION J2; THENCE RUN ALONG THE
NORTH LINE OF SAID SECTION J2, NORTH 87°24'21 " EAST FOR A DISTANCE OF 117.47 FEET TO THE POINT; THENCE RUN
SOUTH 7004'27" WEST FOR A DISTANCE OF 492.97 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO
THE SOUTHEAST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS
OF 190.00 FEET A CENTRAL ANGLE OF 62 44 26 , A CHORD LENGTH OF 197.82 FEET AND A CHORD BEARING OF SOUTH
J8 42'14" WEST FOR AN ARC DISTANCE OF 208.06 FEET TO A POINT; THENCE RUN SOUTH 0720 01 " WEST FOR A DISTANCE
OF 167.J5 FEET TO A POINT• THENCE RUN NORTH 7200'10" EAST FOR A DISTANCE OF 1164.70 FEET TO A POINT; THENCE
RUN SOUTH 0255J7" EAST FOR A DISTANCE OF J57.95 FEET TO A POINT; THENCE RUN NORTH 8710J24" EAST FOR A
DISTANCE OF 4.09 FEET TO A POINT ON A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 57J.52 FEET, A CENTRAL ANGLE
OF 1247J4 , A CHORD LENGTH OF 127.79 FEET AND A CHORD BEARING OF SOUTH 0839'10" EAST, FOR AN ARC DISTANCE
OF 128.05 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CIRCULAR
CURVE TO THE LEFT HAVING A RADIUS OF 218.52 FEET A CENTRAL ANGLE OF 4630'17",
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET 6 OF 7 SHEET(S)
GOLF COURSE\SKETCH LEGAL\REZONING\DWG\EXHIBITS OCT 2021
ORDER NO.: 214269
DATE: 10/11/2021
F.B.. N.A.
ARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 3878'05" EAST, FOR AN ARC DISTANCE OF 177.36 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE RUN EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 225546 , A CHORD LENGTH OF 261.78 FEET AND A CHORD
BEARING OF SOUTH 730106" EAST, FOR AN ARC DISTANCE OF 263.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
RUN EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE
OF 4630'17" A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF NORTH 72°15'52" EAST, FOR AN ARC DISTANCE
OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO
THE LEFT HA VING A RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 64 0341 " A CHORD LENGTH OF 608.36 FEET AND A
CHORD BEARING OF NORTH 165854" EAST, FOR AN ARC DISTANCE OF 641.24 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 218.52 FEET, A
CENTRAL ANGLE OF 4630'17 , A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF NORTH 3878 05" WEST, FOR AN
ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A
CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 1030'38" A CHORD LENGTH OF
120.63 FEET AND A CHORD BEARING OF NORTH 66 4832" WEST, FOR AN ARC DISTANCE OF 120.80 FEET TO A POINT; THENCE
RUN NORTH 7124'19" WEST FOR A DISTANCE OF 146.44 FEET TO A POINT; THENCE RUN ALONG THE NORTH LINE OF SAID
SECTION 32, NORTH 8724 21 " EAST FOR A DISTANCE OF 566.28 FEET TO A POINT; THENCE RUN SOUTH 03°0106" EAST FOR
A DISTANCE OF 244.78 FEET TO A POINT; THENCE RUN SOUTH 865854" WEST FOR A DISTANCE OF 58.97 FEET TO A POINT;
THENCE RUN SOUTH 0303'12" EAST FOR A DISTANCE OF 375.24 FEET TO A POINT ON A NON -TANGENT CIRCULAR CURVE
CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING
A RADIUS OF 420.29 FEET, A CENTRAL ANGLE OF 8506'29", A CHORD LENGTH OF 568.47 FEET AND A CHORD BEARING OF
SOUTH 3845105" WEST FOR AN ARC DISTANCE OF 624.30 FEET TO A POINT ON THE NEXT DESCRIBED NON -TANGENT
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 865.48 FEET, A CENTRAL ANGLE OF 8437'16 , A CHORD LENGTH OF 1165.19 FEET AND A
CHORD BEARING OF SOUTH 4120'31" WEST, FOR AN ARC DISTANCE OF 1278.24 FEET TO A POINT REVERSE CURVATURE;
THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 104.00 FEET, A
CENTRAL ANGLE OF 8757'0l , A CHORD LENGTH OF 144.42 FEET AND A CHORD BEARING OF SOUTH 43°0023" WEST, FOR AN
ARC DISTANCE OF 159.64 FEET TO A POINT; THENCE RUN SOUTH 865854" WEST FOR A DISTANCE OF 739.49 FEET TO THE
POINT OF BEGINNING; CONTAINING 2,242,089 SQUARE FEET MORE OR LESS OR 51.471 ACRES MORE OR LESS.
NOTE.•
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (NORTH 8808'18" EAST) ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE ATTESTING FLORIDA LICENSED
SURVEYOR AND MAPPER.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET _ OF _ SHEET(S)
GOLF COURSE\SKETCH LEGAL\REZONING\DWG\EXHIBITS OCT 2021
ORDER NO.: 214269
DATE: 10/11/2021
F.B.. N.A.
ARCEL EXHIBIT LEGALS 20211011.DWG
Miami Freedom Park SAP
Development Agreement
Exhibit `B"
Miami Freedom Park SAP Concept Book
Miami Freedom Park SAP
Development Agreement
Exhibit "C"
Miami Freedom Park SAP Re2ulatin2 Plan
29
Miami Freedom Park SAP
Development Agreement
EXHIBIT "D"
Public Benefits References
The following provisions are referenced in Section 14 of the Development Agreement and
are hereby incorporated by reference into the Development Agreement, as each provision
may be amended from time -to -time in the manner set forth in the Construction
Administration Agreement.
M
Miami Freedom Park SAP
Development Agreement
Park Fund Contribution: Pursuant to Section 3.5 of the Construction Administration
Agreement, Developer will make certain contributions for the acquisition and improvements
to City parks.
3.5 Community Contributions.
(A) Park Fund Contribution. MFP shall contribute to the City
S20.000,000.t]0 for improvements to public parks or acquisition of public parks within the City of
Miami (the "Park Fund Contribution"). MFP shall contribute fifty percent (50%) of the Park
Fund Contribution upon the date that is eighteen. (1 S) months after the Lease Commencement Date
and the remaining fifty percent (50%) upon the issuance of the building permit for vertical
construction of the Soccer Stadium Development. The City shall hold the Park Fund Contribution
in a separate and segregated account specifically designated for the uses authorized herein. Prior
to disbursement of any funds from such account. the City shall certify to MFP that the proceeds
from such disbursement will be used for the purposes set forth herein and, upon request by MFP,
the City shall provide MFP with a detailed accounting of the use of the proceeds maintained in
such separate account.
31
Miami Freedom Park SAP
Development Agreement
Baywalk Contribution: Pursuant to Section 3.5(B) of the Construction Administration
Agreement, Developer will make certain contributions for the benefit of the City's Baywalk-
Riverwalk Projects.
(B) Sa"alk Contribution. MFP shall pay the City $5,000,000.00 for the
benefit of the Baywalk-Rnerwalk Project (the -Baywalk Contribution"). MFP shall pay fifty
percent (50%) of the Baywalk Contribution upon date that is eighteen ( 18) months after the Lease
Commencement Date and the remaining fifty percent (50%) upon the issuance of the building
permit for the vertical construction of the Soccer Stadium Development. The City shall hold the
Baywalk Contribution in a separate and segregated account specifically designated for the uses
authorized herein.. Prior to disbursement of any funds troin such account. the City shall certify to
MFP that the proceeds from such disbursement will be used for the purposes set forth herein and,
M
upon request by MFP, the City shall provide M.FP with a detailed accounting of the use of the
proceeds maintained in such separate account.
(C) Non -Refundable. The Park Fund Contribution and Baywalk Contribution
shall be deemed earned by the City when made and shall in all events be nonrefundable to MFP,
except for any breach by the City in Section 3.S(A) or Section 3.1,;(B). in which case the Park Fund
Contribution and Baywalk Contribution shall be refundable, or a breach of the Lease Agreements
by the City that results in the termination thereof. In addition to the foregoing, if MFP terminates
the Lease Agreements pursuant to Section 2,2(C) of each respective Lease Agreement, after
making the initial contributions of the Park Fund Contribution and the Baywalk Contribution, but
prior to the date can which MFP achieves SAP Approval, them the City shall reiniburse the amount
contributed by MFP with respect thereto (without interest) within six (6) months of the termination
of the Lease Agreements.
32
Miami Freedom Park SAP
Development Agreement
Public Park Development: Pursuant to Section 2.3 of the Construction Administration
Agreement, Developer will deliver to the City a public park within the Overall Property with
such improvements as set forth in Exhibit D of the Construction Administration Agreement.
2.3 Park Rehabilitation and Environmental Work. MIT shall complete (i) the Park
Site Development on behalf of the City in accordance with the program elements set forth in
Exhibit D (the "Park Project Requirements") and (ii) the Environmental Work in accordance
with the requirements set forth in Exhibil E (the "EBvironmental Project Requirements"). MFP
shall be responsible for the selection, oversight, and management of all porticuls of the Park Site
Development and Environmental Work, including but not limited to, engaging all contractors and
consultants necessary to design, construct and remediate and complete all Environmental Work in
a diligent, competent and professional manner, all in accordance with the provisions of this
Agreement, Envirorunental Laws and Applicable Laws. MFP shall submit the Park Plans within
time frames that will allow MFP to obtain Permits for same reasonably concurrently with the
Permits for the Stadium Project and/or other Projects. MFP shall commence and complete the Park
Site Development so as to ensure completion thereof contemporaneously with the Completion of
Construction of the Stadium Project.
33
Miami Freedom Park SAP
Development Agreement
WV1111ar7• F%
PARK PROJECT REQUIREMENTS
iUAMI FREEDOM PARK
PARR PROJECT REQUIREMENTS
1.ffP will be responsible for the selection- oversi&, .and raanageinent of the Park Site
I]eveloptnennt and for engaging such contractors and consultants necessary' to cowtmct and
complete the Park Site Development in a diligent, competent and professional manner, all in
accordancc with the provisions of this Agreevwnt. Eavironniewal laws and ApphcWc Laws.
Qb "rlu
Upon completion of the Environmental Work to deliver to the City and its residents a park
incorporaling she follQ%wing elcmcats:
• Enli lronmentel Work. Iv FP will complete the Fnv,ironmental W'orkproviding a ininiiuum
of two (12) feet of clean soil, as 4epicted below -
EXISTING CONDITIONS
• Turf,. Erasion, and Planiin.;
PROPOSED CONDITIONS
c. MFP will deliver the Park Site with gmund cover consisting of Zya& GTass sod,
with a grade at 2% slope to drain to prevent erosion.
* Wollnest LooplPathwr.ays:
W
Miami Freedom Park SAP
Development Agreement
o MFP will construct a one (1) mile wellness loop uW the park pathway-, at die
locatiais depicted in the image below:
_Kl
s +rows
.22
aoc�rat.M
—PAM por"Awrt
QW&RA WEVO� WI-W
c. Vhe one (1) tttilz ivellness loop will consist of an asphalt pathway up to fifteen (1 S )
feet in width, but no less than ten (10) feet, Nvith a slight cro,.-.,n to enhance drainage
and direct runoff to lwWwaped areas.
o A min; mum area consisting of two () feet clear shall be provided on each side of
the one (I) mile wellness low aid park- patli,,tiays to culiance safety.
o The park pathways will consist of concrete.
o The one (1) mile wellies loop and park pathways will meet ADA standards
• L*ht%:
o The one (1) mile k%wellness loop and paw pathways will include dusk to dawn LED
walkway lighting for safety and site ttavnitoring.
o The PubLic Park Parcel will be improved to include sufficient Light Poles (ballasts)
to light the Public Park ParceL but in no c;-cart less than d light poles (ballasts) per
acre, subject to compliance with applicable lighting restrictions for properties in
cltrsc pruxim ty to airports.
* Udlllies.
0 NIFP Will install electric, mater, and sewer infrastructure within the Park Site
leaving two {2) points of access to such utilities al locations tv be mutually agreed
to between h FP and the City.
W
Miami Freedom Park SAP
Development Agreement
Living Wage: Pursuant to Article 12 of the Construction Administration Agreement and
Article 27 of the Lease Agreements, the Developer will provide a living wage for its on -site
employees and establish other programs related thereto.
ARTICLE U
UrVriG NVAGE
12.1 Definitions, For purposes of this Agreement, the followin; additional definitions
apply and shall be imorporated as part of the Definitions ii"tided in Section 1 abovrye-
I A i "('o%-er*d Einplover" means any of the follawing Persons' (a) WP, (b)
EMS, or (c) a �jibliceissee: provided, however, that the terra "Covered Employer" shell not include
a Person that has aiinual cansohdated gross revenues that aiv less titan the SinalI Business trap.
lBi "Lhiniz V4'ai:e„ means compemation to a Site Employee of no less than
S1S.73 per hour %vikhoid health b-m fas: or a wap of no less khan Sl .03 an hour with bcalkh
benefits valued at least at $ 3.70 per hour.
(C) "Site Aililliilt" means, Wilectively, all Affiliates of N FP or IMS that
lease, occupy, operate or perform work at the Denxiseai Ptpperty and that have one or inure direct
Site Employees_
{I}) "Site Employee" niknins. wilh respect Io any CmIered Empooyyer, any
natural person who woft at the I} ailsed hopeily and who is employed by. or contracted directly
to wont for, such Covered Eniplo_%r_ inc hiding all employees and independe ti. contractors and
55
Miami Freedom Park SAP
Development Agreement
perwas rimcie available to work for or on behalf of a Covered Employer through the services of a
temporary services, staffing or employment agency or sinnilar entity, that are performing work at
the Demised Property- The terra "Site Employee- shall not include arty taatural persmi who (i)
works on axTerage less than thirty (30) hours in any coasecutive seven (7) day period for a Covered
Employer at the Deln.ised Property, (ii) receives compensation predorn:inately through tips or
commissions. or (iii) receives compensation through wages delwrmined pumant to a collective
bargaining or labor agreement.
(E) "Srlia ll Bu do rs s Cap" weans Three %iillion and Na-100 Dollars
(33,000.00(}.00); provided dam begianueg on, January 1, 2023, and each year thrreaflrr, the Smmll
Business Cap shall be adjusted based on increases to the CPI-
12.2 Lhinar Wage.
(A) If, and for so long as.. MFP or IMS is a Covered Employer. NIFP and rINiS
shall pay each of its Site Employees no less than a Living 'gage- IFP and IMS shall cause each
of its Silt A.ffiliales that is a Covered Employer to pay their respective Site Employees no less than
a Living Wage.
(B) ' FP and LMS skill establish a policy- in the Demised Property providing
for its mgWgeam. to pay a LiV4 Wage to its Sile Employees .
(C) IvfFP and IMS shall provide incentives, -% ich shall be negotiated on a case -
by -case basis, to WAfiWMMnot otherwise meeting the Small Business Cap to encourage them to
provide a Living Wage to their employees..
12.3 Co;' ram lF mpley . Fo1 a Covered Employer to comply v4itlt the requirement to
pay a Living. Wage by choosing to pay the lower wage scale available when a Covered Employer
also provides a standard health benefit platy, such health benefit plan shall consist of a payment of
at least S1.81 per hour toward the provision of health benefits for Site Employees and their
depeapkats- If the Health benefit plate of die Covered Employer requires an initial period of
employaieal for a new Site Employee to be eligible fix health benefits, a Covered Employer may
qualify to pay the $13, L9 per hour wage scale for a term not to exceed the new Site Employee's
eligibility period,, provided the new Site Employee will be paid health benefits upon completion
of the eligibility period, which period shall not exceed 90 days-
12.E LMS, regarding the Stadium Project, and NF'P, regarding the other Major Project
Components, agree to use "good faith efforts," through the prime contractors and their
subcontractors, to have twenty percent (20°sa) of the construction labor force, including electrical
workers, comprising of anion employees. The applicable contracts with M'�, or MFP's prime
contractors will contain provisions requiring such prime contractors and their subcontractors to
use "good faith effom" to have twenty percent (20%) of the construction labor force comprising
of union employees- LMS and N FP have commended negotiations with United Here, local 355,
on a Labor Peace Agreement, If the construction work is phased, the requirements of this Aarricle
12 shall apply individually to each and every please. When cv aluatiag whether LNIS or WT,
through their prince contractors soul their subcontractors, have undertaken "good faith efforts" to
comply wiih the rc€luiremenis set forth lmwin. Ilic• pathos agree• that the evaluation factors (as
misonzLbly modified to address the specific• ciretanslances :scl faille heroine icicicadr.d in Appendix
A to 41J {-YR Part ?b, Guidance C-oncerniog Good I with Efforts, AWL11 f01-111 the basis Of suds
e%-' a143:aI1011.
37
Miami Freedom Park SAP
Development Agreement
Responsible Wages: Pursuant to Section 11.2 of the Construction Administration
Agreement, Developer will pay responsible wages for laborers and mechanics performing
work on the Stadium.
11.2 Responsible W'sises_ LMS shall use connnercially reasonable efforts to ensure that
A In bvrcrs and mocha aks performing work- onsitc Nvilh reaped to the roussruct on of fire Sladimn
are paid wages at rates no less that-i those "responsible wages" as calculated pursuant to Section
18-120 of the City of 1+1 uni Cody: of Ordinances. Tenant shall he responsible: to pay Io the
Landlord all reasonable fees for monitorikiz compliance with the responsible %vgEe requirements
sel forth in Ihis Lcmr.
M
Miami Freedom Park SAP
Development Agreement
Union Labor: Pursuant to Section 12.4 of the Construction Administration Agreement,
Developer will use good faith efforts to have twenty percent (20%) of the construction labor
force, including electrical workers, comprising of union employees.
12A BIS, regarding the Stadium Project, and MR, regarding the other'_4iajor Project
Components, agree to use "good faith efforts," through the prime contractors And their
subcontractors, to have twenty percent (201%) of the construction labor force, including electrical
workers,,comprising mprising of union rrmpirayers, The Applicable contracts ~''ith >, tar NIFP'z prime
contractors v�A contain provisions requiring such prime contractors and their subcontractors to
use "good faith efforts" to have twenty percent (20, o) of file const umon labor force uprising
of union ernployees_ IMS and MFP have commenced negotiations with united Here,. Local 355,
ort a labor Peace Agreenient. If the c nstmetion work is phased, the requireztaaYttits of this Ardde
12 shall apply individually era each and every phase. When uvaluatin$ Whether LMS or WE
through their prune contractors and their subcontractors, have undertaken "good faith efforts" to
comply With that requirements set forth herein, the parties agree that the evaluation factors (as
0
re;i3unably mod ifica to address the sp"ifiic circunnstaaces set forth herein) included in Appendix
A to 49 C FR Part 26, Wdame Cowerning Cood Faith Efforts, shell farm the basis of such
we
Miami Freedom Park SAP
Development Agreement
Hiring Preferences: Pursuant to Section 11.3 of the Construction Administration
Agreement, Developer will include in its prime construction contracts requirements
providing for hiring preferences for City residents and, subsequently, Miami -Dade County
residents.
11,3 11iring Preforpurps. 1MS, regarding the Stadium[ Project. and MFP,, regarding tale
other Major Project Components. shall include in their respective prime construction contracts
provisions that require such comractors to establish pmfereom—s. for hiring iadi❑iduals residing
within the City of Miami and, subsequently, to those individuals in other areas of Miami -Dade
County.
.O
Miami Freedom Park SAP
Development Agreement
Ex -Felon Outreach: Pursuant to Section 26.2 of the Lease Agreements, Developer will
establish programs to promote the employment of ex -felons within the Project.
Pending
41
Miami Freedom Park SAP
Development Agreement
District 5 Participation: Pursuant to Section 26.3 of the Lease Agreements, Developer will
establish programs to include individuals residing within the boundaries of District 5 of the
City Commission within the retail and concession areas located within the Project.
Pending
42
Miami Freedom Park SAP
Development Agreement
Soccer Programs: Pursuant to Section 2.5 of the Construction Administration Agreement,
Developer will establish programs to encourage participation of women in soccer and make
available the "Sports Fields" (as defined in the Construction Administration Agreement) free
of charge to residents of the City that are sixteen (16) years or younger (subject to the
limitations set forth therein).
2,15 Youth `ports f'otunrt tniPik t_ Upon {"4?inpletion of Construction of all Ora portion
of the Sports Fields, INIFP shall establish a public reaisu•ation system is form and substance
preapproved by City in writing, fox the use of the adl[etie fields and courts constructed thereupon,
which v Al permit all registered users that are both residents of the City and sixteen ( l b) years of
age or ycmuger to use such fields and courts n6it#mt charge. subject to such reasonable validation,
access. and use restrictions as established by NIFP From Iime-to-time; provided, ho'svver, that the
lwurs of operation shall never be less than the hours of operations of the Public lark Parcel. No?
shall maintain the Sports Fields at its sole cost and expense in good and safe order and condition.
and make all necessary repairs thereto, in a manner consistent with the sta.adards set forth m
Section 10.1 of the Commercial Lease. All repairs made by NIFP shall be at least substantially
similar in quality and class to the original work- NiFP shall keep and maintain all portions of the
Sports Fields and all improvements therelc in safe and reasonable order and operating condition,
reasonably free of dirt, rubbish and graffiti_
43
Miami Freedom Park SAP
Development Agreement
Exhibit "E"
Legal Description of Rights of Way to be Closed and Vacated
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION:
ALL THOSE PORTIONS OF RIGHTS -OF -WAY DEDICATED PER "LEJEUNE GARDEN ESTATES SECTION 4 , ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 44 AT PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND ALSO THOSE
PORTIONS OF RIGHTS -OF -WA Y DEDICA TED PER 'AMENDED PLA T OF PLA T OF PORTIONS OF N. W. 377H A VE., N. W. 387H A VE., N. W. 11 TH
ST, N. W. 14TH ST., N. W. 20TH ST., N. W. 21ST STREET AND N. W. 26TH STREET' AS RECORDED IN PLA T BOOK 28 A T PAGE 26, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS SUBJECT TO THOSE ORDERS OF CONDEMNATION IN FAVOR OF THE CITY OF
MIAMI, AS RECORDED IN DEED BOOK 2854 AT PAGE 231 AND DEED BOOK 2801 AT PAGE 164, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA. ALL LYING WITHIN THE NORTHEAST ONE -QUARTER (114) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE
41 EAST, AND WITHIN THE BOUNDARY OF THE FOLLOWING DESCRIBED LANDS -
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 114 OF SAID SECTION 32; THENCE N00°5435"W ALONG THE WEST
LINE OF SAID NORTHEAST 114 FOR 45.00 FEET; THENCE EASTERLY ALONG A LINE PARALLEL WITH AND 45 FEET NORTH OF THE
SOUTH LINE OF SAID NORTHEAST 114 N88°08'18"E FOR 649.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE
DESCRIBED; THENCE N00753'17"W ALONG THE RIGHT-OF-WAY OF THE LIMITED ACCESS TO LEJEUNE ROAD (NW 42ND AVENUE)
FOR 59.96 FEET; THENCE RUN ALONG SAID LIMITED ACCESS RIGHT-OF-WAY N48°5849"W FOR 562.53 FEET TO A POINT ON
THE NEXT DESCRIBED CURVE, SAID POINT BEARS S45 24'02"W FROM ITS CENTER; THENCE NORTHWESTERLY ALONG SAID
CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET A CENTRAL ANGLE OF 41 °10 52" FOR AN
ARC DISTANCE OF 337.81 FEET TO A POINT OF TANGENCY; THENCE RUN ALONG SAID RIGHT-OF-WAY NO3°25 06"W FOR 623.61
FEET; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY N07°58'00"W FOR 193.68 FEET TO ITS INTERSECTION WITH A LINE
PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF THE SAID NORTHEAST 114 OF SECTION 32; THENCE RUN ALONG
THE EASTERLY RIGHT-OF-WAY LINE OF LEJEUNE ROAD (NW 42ND AVENUE) N00°54 35"W FOR 992.21 FEET TO A POINT;
THENCE RUN N88°49'41 'E FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN N70°04 29'E FOR A DISTANCE OF
285.46 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF THE SAID NORTHEAST 114 OF SECTION 32; THENCE RUN ALONG
SAID NORTH LINE N87°24'21"E FOR 2019.58 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF NW 377H
AVENUE AS SHOWN ON SHEET 27D TO THE MUNICIPAL ATLAS OF THE CITY OF MIAMI, SAID POINT OF INTERSECTION BEING ON A
CIRCULAR CURVE CONCAVE TO THE EAST AND BEARS N88 23 51 "E TO THE CENTER OF SAID CURVE; THENCE SOUTHERL Y ALONG
SAID CURVE HAVING A RADIUS OF 1463.40 FEET A CENTRAL ANGLE OF 00°1648" FOR AN ARC DISTANCE OF 7.15 FEET;
THENCE ALONG SAID RIGHT-OF-WAY, TANGENT TO THE LAST DESCRIBED CURVE S015257" E FOR 246.61 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE EAST; THENCE SOUTH ALONG SAID RIGHT-OF-WAY AND CURVE HAVING A
RADIUS OF 2871.79 FEET A CENTRAL ANGLE OF 04°48'l3" FOR AN ARC DISTANCE OF 240.77 FEET TO A POINT OF TANGENCY -
THENCE RUN ALONG SAID RIGHT-OF-WAY S06°41'11"E FOR 117.62 FEET TO A CIRCULAR CURVE CONCAVE TO THE WEST;
THENCE ALONG SAID RIGHT-OF-WAY AND CURVE HAVING A RADIUS OF 2864.79 FEET A CENTRAL ANGLE OF 04°48'13" FOR AN
ARC DISTANCE OF 240.19 FEET TO A POINT OF TANGENCY; SAID POINT BEING 35 FEET WEST OF THE EAST LINE OF SAID
NORTHEAST 1/4; THENCE RUN ALONG RIGHT-OF-WAY S015257" E FOR 535.07 FEET TO ITS INTERSECTION WITH A LINE 30.00
FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 114 OF SAID SECTION 32;
THENCE S874627"W ALONG SAID PARALLEL LINE FOR 700.00 FEET TO A POINT 735.00 FEET WEST OF THE EAST LINE OF SAID
NORTHEAST 1/4; THENCE S 01°52'57"E PARALLEL TO SAID EAST LINE FOR 1064.41 FEET; THENCE RUN S88°08'18"W FOR A
DISTANCE OF 80.00 FEET; THENCE RUN S01 °52'57"E FOR A DISTANCE OF 213.00 FEET; THENCE WESTERLY ALONG A LINE
PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 114 OF SAID SECTION 32; THENCE RUN
S88°08'18"W FOR 1236.71 FEET TO THE POINT OF BEGINNING.
Note:
1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line
of the Northeast One -Quarter (114) of Section 32, Township 53 South, Range 41 East, Miami -Dade
County, Florida.
2. This sketch is not valid without the signature and the original raised seal of the attesting Rorida
licensed surveyor and mapper.
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
ORDER NO.:
215336
DATE: 07/25/2022
SHEET 1 OF 3 SHEET(S)
GOLF COURSE\SKETCH LEGAL
F.B.. N.A.
OCT 2021 \PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
N
SCALE: 1 "=500' North Line, NE 114,
Section 32-53-41
Northeast Corner,
Section 32-53-41
65.00,
RIGHTS —OF —WA Y PER P.B. 28, PG. 26, I I I o
® OUTSI
TDE ED OF CONDEMNATION, TO BEVA I I o
RIGHTS —OF —WA Y PER LEJEUNE GARDEN I I o
® ESTATES SECTION 4, P.B. 44 PG. 23
TO BE VA CA TED
FORMER RIGHTS —OF —WAY (FEE SIMPLE
50.00' TITLE VESTED TO CITY OF MIAMI PER I I I Q
C — ] CONDEMNATIONS, D.B. 2854, PG. 231
AND D.B. 2801, PG. 164)
Per Plat Book 44, Page 23 o
N.W. 17th STREET
4i 1 28 I I 32 1 — 1-28— 1— i J5.00'
I 1 I 32 _ 1 -Z 2 27 2 27 j 2 1 31
2 I 31 ---1-----+--- --- T--- --
C 3 1 26 3 1 30 3- 1-26 W 3
v O jl —T-30� --- L--� q T 29 4 1 25 2 4— l
v�u 4 _ _29 4 _2_5 zS---�--- ---1-- -- I
2_B v 5 I 5 1 28 �u 5 1 24 Q 5 I I J
_ 24_—t-- ---1--
——--� 6 —1-27 2 6 I 23 6
1-27 3 E 1 ¢ I
1 26Z — 23Z 7 1 26¢ — —4 22 75 1 ¢ ZN
to —25— —22— 8--( :z —8 1 21 -- I m ai
9 _ 24 8 I 21 91D 11 —24---1--- 8 I n C
---T 1 23� 9
— —— 1 20 --
U .0 10 1 23 9 1 20— ---+------�--- 9
Q v -- --- ---T-- 11 1 22 10
cl 11 1 _2 10 — — 1 19 1 U
— 1 —19— --T--- -- 4--- 10
i-2 11 T 18 12-1-21—
__— I--- 13 1 20
3i 13 T-20— 12 1 17 ---t— 0— 12 1017 — I
v 2 14 1 —19— --1--- 14 — 1 —19—
1 15 1 1B 13 I 16
15 +-18— -- 1-16—---+--- --- F 15 1 I I
16 I 17 14 15 16 1 17 14 I J L _
Southwest Corner, — — 00 n1W. 14th STREET
Northeast 114, South Line, N.E. 114,
Section 32-53-41 Section 32-53-41
Note.-
1. This sketch is not valid without the signature and the original D.B.— DEED BOOK
raised seal of the attesting Florida licensed surveyor and mapper. PG. — PAGE
P.B. — PLAT BOOK
�A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET 3 OF 3 SHEET(S)
ORDER NO.
215336
DATE: 07/25/2022
F.B.. N.A.
K:\325341\MELREESE GOLF COURSE\SKETCH LEGAL
OCT 2021 \PARCEL EXHIBIT LEGALS 20211011.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SCALE: 1 "=500'
N88'49'41 "E 251.82'
N
N
Of
Of
LO
M
Ln
0
O
z
50.00 =-►I
North Line, NE 1/4,
Sar,iinn U-53-41
Northeast Corner,
Section 32-53-41
78' A=4'48'14"
CH.D.=240,71'
B.=SO4'17'04"E w
240.19' A=4'48' 14" o
;79CH.D:=2410.12' i
CH.B.=SO4' 17'04"E
0
M
W
a
n
O
LO
O
S87'46'27"W 700.00' I H
--►I �_J5.00,
� W
o
W �
e ¢
,N O
m
N
I�
i
I
S88'08' 18"W 80.00'
I�
POINT OF � J +-'b-� r�s , v N00'53'17"W 59.96' 14 s 1 1 S01'52'57"E 213.00'
COMMENCEMENT N88'o8'18'r 649.34 5 1 — —
Southwest Corner, — S88'08'18"W 1236.71 — o N.W. 14th srn£Er
Northeast 1/4, N0054'35w 45.oi' POINT OF BEGINNING South Line, N.E. 1/4,
Section 32-53-41 N0053'17 W N Section 32-53-41
45.01 '
Note: R — Radius
1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line A — Delta Angle
of the Northeast One —Quarter (1/4) of Section 32, Township 53 South, Range 41 East, Miami —Dade L — Arc Length
County, Florida. Ch.B. — Chord Bearing
2. This sketch is not valid without the signature and the original raised seal of the attesting Rorida Ch.D. — Chord Distance
licensed surveyor and mapper.
E"A SCHWEBKE S H I S K I N + ASSOCIATES (LB_87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET 3 OF 3 SHEET(S)
ORDER NO.
215336
DATE: 07/25/2022
F.B.. N.A.
K.
1\MELREESE GOLF COURSE\SKETCH LEGAL
OCT 2021 \PARCEL EXHIBIT LEGALS 20211011.DWG
Miami Freedom Park SAP
Development Agreement
Exhibit "F"
Vacation and Closure Notice
This instrument was prepared by:
Victoria Mendez, City Attorney
Office of the City Attorney
444 SW 2nd Avenue, #945
Miami, Florida 33130
NOTICE OF FINAL VACATION AND CLOSURE OF PLATTED RIGHTS OF
WAY
WHEREAS, on , the a
(" ") and the CITY OF MIAMI, FLORIDA, a municipal corporation and political
subdivision of the State of Florida ("City," and together with , collectively, the
"Parties"), entered into a Development Agreement pursuant to Sections 163.3220 through
163.3243, Fla. Stat., recorded on in Official Records Book ,
Page of the Public Records of Miami -Dade County, Florida with said Development
Agreement approved by the Miami City Commission on as Ordinance No.
(the "Development Agreement"); and
WHEREAS, the Development Agreement contemplated, after certain conditions
have been met by the Parties, that certain platted, but unimproved, rights of way within the
Miami Freedom Park SAP Area, as more particularly described in Exhibit "A" are to be
closed, vacated, and discontinued for public use; and
WHEREAS, all conditions precedent in the Development Agreement have been
fulfilled by the Parties.
NOW THEREFORE, the City hereby notifies any interested parties that the platted,
but unimproved, rights of way within the Miami Freedom Park SAP Area are closed and
vacated.
IN WITNESS WHEREOF, the undersigned has caused this Notice of Final Vacation
and Closure of Platted Rights of Way to be duly executed on this day of
20
[SIGNATURE PAGE TO FOLLOW]
45
Miami Freedom Park SAP
Development Agreement
CITY OF MIAMI:
IIn
IN
Victoria Mendez
City Attorney
Art Noriega V.
City Manager
STATE OF FLORIDA — COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of 20 , by Art
Noriega, in his capacity as City Manager of the City of Miami. He is personally known to
me or has produced as identification.
Miami Freedom Park SAP
Development Agreement
Composite Exhibit "G"
Template Miami -Dade County Water and Sewer Allocation Agreement, Miami -Dade
County Unity of Title, and City of Miami Unity of Title
AGREEMENT
FOR
WATER AND SANITARY SEWER FACILITIES
BETWEEN
MIAMI-DADE COUNTY
AND
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
THIS AGREEMENT, made and entered into at Miami -Dade County, Florida,
this day of , 2022, by and between
Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated
as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer
Department, P.O. Box 330316, Miami, Florida 33233-0316, and
nated as
the "DEVELOPER", whose mailing address is:
WITNESSETH:
WHEREAS, the DEVELOPER desires water and sewer service to be rendered to
property owned by the DEVELOPER, and
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter
designated as the "DEPARTMENT", operates the water and sewer systems owned by the
COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed and in consideration of the benefits to accrue
to each of the respective parties, it is covenanted and agreed to as follows:
1. DEVELOPER'S PROPERTY. The DEVELOPER owns a certain tract of land
in Miami -Dade County, Florida, which is legally described in Exhibit "A" attached hereto
and made a part hereof, hereinafter sometimes described as the "DEVELOPER'S
property". The DEVELOPER has requested that the DEPARTMENT render water and
sewer service to the DEVELOPER'S property and the COUNTY agrees to do so subject to
the terms, covenants and conditions contained herein.
2. WAIVER. No delay or failure to exercise a right under this Agreement or any
other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or
indulgence of any breach of this Agreement or series of breaches shall be deemed or
construed as a waiver of any other breach of same or as voiding or altering any other
obligation of the parties under this Agreement or any other Agreement. No order or
directive given by the COUNTY or its agents shall be considered as waiving any portion of
this Agreement unless done in writing by a person having actual authority to grant such
waiver.
3. DEVELOPER ACKNOWLEDGMENT. The DEVELOPER hereby
acknowledges and agrees that any right to connect the DEVELOPER'S property to the
COUNTY'S sewage system is subject to the terms, covenants and conditions set forth in
court orders, judgments, consent orders, consent decrees and the like entered into
between the COUNTY and the United States, the State of Florida and/or any other
governmental entity, including but not limited to, the Consent Decree entered on April 9,
2014, in the United States of America. State of Florida and State of Florida Department of
Environmental Protection v. Miami -Dade County, Case No. 1:12-cv-24400-FAM, as well as
all other current, subsequent or future enforcement and regulatory actions and
proceedings.
Page 2 of 15
4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY
will provide an adequate domestic water supply for the DEVELOPER'S property and will
receive and dispose of sanitary sewage from the DEVELOPER'S property. The
DEVELOPER shall pay water and sewer connection charges for all those units to be
constructed on the DEVELOPER'S property subject to the limitations specified herein. The
DEVELOPER acknowledges that, to the extent that water or sewer service will ultimately
be rendered to the DEVELOPER'S property by a volume customer, the DEVELOPER is a
new retail user provided water or sewer service from a volume customer, and
acknowledges that it is responsible for payment of connection charges; however, in the
event that water or sewer service is provided directly by the COUNTY, the DEVELOPER
acknowledges that it is a new retail customer of the COUNTY and accordingly also liable
for payment of connection charges. The DEVELOPER may be considered both a new
retail customer and a new retail user provided service by a volume customer in the event
that the COUNTY provides water service to the DEVELOPER'S property and a volume
customer provides sewer service, or vice -versa. The connection charges are based on the
average daily gallons for the various building units and/or use as shown on Exhibit "B"
attached hereto and made a part hereof, and as revised by the COUNTY from time to time,
multiplied by the applicable rates established by the COUNTY. The DEVELOPER intends
to construct and connect to the COUNTY'S water and sewer systems
gallons, resulting in combined water and sewer connection cha
in the amount
However, water and sewer connection charges shall be calculated at the
ra es in a ec at the time of actual connection to the COUNTY'S water and sewer systems.
The water and sewer connection charge rates are subject to revision by the Board of
County Commissioners at any time. The DEPARTMENT'S current connection charge rates
are one dollar and thirty-nine cents ($1.39) and five dollars and sixty cents ($5.60) per
gallon per day for water and sewer, respectively. The DEVELOPER shall pay fees and/or
charges specified herein at the time of issuance of Verification Form(s). The
DEPARTMENT shall not, under any circumstances, render water and/or sewer service to
the DEVELOPER'S property until such time as the fees and/or charges specified herein
have been paid in full.
5. OTHER USES ON THE PROPERTY. If the DEVELOPER constructs
buildings other than those outlined in paragraph 4 above, or otherwise changes the use of
structures built such that paragraph 4 is no longer an accurate description of the uses at
the DEVELOPER'S property, the COUNTY shall determine if additional capacity is needed,
as calculated using Exhibit "B" attached hereto and as revised by the COUNTY from time
to time. If additional capacity is required, connection charges, computed at prevailing rates,
capacity allocation, if available, and construction connection charges, if any, shall be
Page 3 of 15
required to be paid by the DEVELOPER. If requested by the DEPARTMENT, the
DEVELOPER shall provide the COUNTY a list of all tenants and building units and/or use
prior to the installation of any water meters and/or rendition of sewer service by the
COUNTY for the DEVELOPER'S property.
6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of
connection to the DEVELOPER based on the project as specified in the AGREEMENT.
The DEVELOPER shall provide plans for the DEPARTMENT'S review based on the points
of connection. Points of connection shall not be changed without prior approval by the
DEPARTMENT.
7, DISCLAIMER FOR ATLASES AND AS-BUILTS: Please be advised that the
Atlases and As-Builts provided by the DEPARTMENT are a part of Miami -Dade County
records, and discrepancies between the existing field conditions and the information shown
on records may exist due to the age of the records and/or changes in the field conditions
that have not been reported. Therefore, the COUNTY will not be held responsible or liable
for any discrepancies and/or any consequences and inconveniences such discrepancies
may cause. It is the DEVELOPER'S responsibility to field verify the information shown on
the records, including the existence of sewer laterals. If the sewer lateral cannot be found
buried in the field, it is the DEVELOPER'S responsibility to install the lateral at its own
expense.
8. BRICKELL BASIN II SANITARY SEWER SPECIAL CONNECTION
CHARGE. The COUNTY hereby represents and the DEVELOPER acknowledges that the
gravity sewer basin that will serve the DEVELOPER'S property, at the present time may
not meet COUNTY criteria for conveying additional flows, including those of the proposed
development within the DEVELOPER'S property as specified in paragraphs 4 and 5
hereinabove. The COUNTY intends to construct the necessary improvements, and has
adopted a special connection charge to pay for the construction of necessary
improvements in accordance with COUNTY Ordinance No. 12-36. The DEVELOPER
acknowledges and agrees that it shall pay to the COUNTY said special connection charge
in the amount of three dollars and ninety cents ($3.90) per average daily gallon, as
specified in paragraphs 4 and 5 hereinabove, to be connected to the COUNTY'S sewer
system, resulting in a total special connection charge of
, due prior to the issuance of a Verification
Form. Said payment shall be a condition precedent to any obligation on the part of the
COUNTY to provide service to the property. Notwithstanding the preceding, nothing
contained herein shall obligate the COUNTY to provide service to the property if said
service is in contravention to any consent order or agreed order to which the COUNTY is a
party, or of any rule or statute. The DEPARTMENT makes no representations as to the
likely date the referenced improvements will be placed into service, and DEVELOPER shall
have no cause of action, at law or equity, against the COUNTY arising out of the
construction of said improvements.
9. DESIGN AND CONSTRUCTION OF FACILITIES. The DEVELOPER at its
own cost and expense shall cause to be designed, constructed and installed all of the
Page 4 of 15
necessary water and/or sewer facilities provided for in this Agreement unless otherwise
specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants,
firelines, service connections, service lines, shutoffs, meter boxes, air release valves,
gravity sewer mains, laterals, manholes, and all appurtenances thereto for a complete
installation. The final design and construction of the facilities shall meet the requirements
set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water
and/or sewer service, shall be in accordance with the latest revision of the
DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall
be subject to approval by the DEPARTMENT.
10. INSPECTION. The COUNTY shall have the fight but not the obligation to
make engineering inspections of all the construction work performed by the DEVELOPER
under the terms of this Agreement including private facilities not to be conveyed to the
COUNTY. Such inspections shall not be construed to constitute any guarantee on the part
of the COUNTY as to the quality and condition of materials and workmanship. Any
inspections by the DEPARTMENT small not relieve the DEVELOPER of any responsibility
for proper construction of said facilities in accordance with approved plans and
specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the
DEVELOPER of responsibility for the quality and condition of materials and workmanship.
11. TESTS. During construction and at the time when various tests are required,
the COUNTY'S engineer or its authorized representative, together with the DEVELOPER'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. The DEVELOPER shall notify the
COUNTY a minimum of twenty-four (24) hours in advance of the tests.
12. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the DEVELOPER'S representatives (Engineer, Project
Manager, Construction Superintendent and others) at a place designated by the COUNTY
with respect to project related matters upon twenty-four (24) hours notice.
13. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the
right, at any time, to bar any subcontractor or consultant employed by the DEVELOPER
from engaging in any sort of work or activity related to this Agreement, if such be in the
interests of the COUNTY. In the event the COUNTY rejects any subcontractor or
consultant, said subcontractor or consultant will immediately cease work on anything
related to this Agreement. The DEVELOPER shall not be entitled to compensation for any
monies previously paid to any subcontractor or consultant if said subcontractor or
consultant is rejected by the COUNTY.
14. COMPLIANCE WITH ALL LAWS. The DEVELOPER, at its own cost and
expense, shall comply with all applicable laws, statutes, rules, and ordinances in carrying
out the activities contemplated herein.
15. APPROVALS AND PERMITS. The DEVELOPER shall be fully responsible
for obtaining all required approvals from all appropriate governmental and regulatory
Page 5 of 15
agencies and all necessary permits for all facilities contemplated in this Agreement.
Notwithstanding anything else contained herein to the contrary, this Agreement shall not
constitute or be interpreted as a waiver of any requirements of any other agency of Miami -
Dade County and/or any requirements of the Code of Miami -Dade County. The
DEVELOPER is responsible for obtaining all permits as may be required for the work
contemplated herein pursuant to the Code of Miami -Dade County.
16. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East
Coast Railroad may require that the COUNTY be named as permittee for certain
construction activities even though the DEVELOPER or the DEVELOPER'S contractor will
actually perform the work. To insure that the COUNTY will incur no costs or liability as a
result of being named permittee on such permits, the DEVELOPER shall provide sufficient
security as acceptable to the COUNTY which shall indemnify and protect the COUNTY
from all claims, actions, judgments, liability, loss, cost and expense, including reasonable
attorney's fees, related to work performed by the DEVELOPER pursuant to such permits.
The security shall be furnished prior to the start of construction and shall be in an amount
equal to the COUNTY'S cost estimate for the permit work. The DEVELOPER shall have
sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall
be entitled to pay said claims from the security. The DEVELOPER shall be liable for all
costs in excess of the security.
17. WATER SERVICE LINES. Any water service lines two (2) inches or less in
diameter that are required for the DEVELOPER'S property which will be directly connected
to existing mains owned by the COUNTY shall be installed by the DEVELOPER'S
Contractor under supervision of a DEPARTMENTAL Water Distribution Licensed Operator
and Donations Inspector. The DEVELOPER hereby agrees to pay to the COUNTY its work
order charges prior to any such installation.
18. OWNERSHIP OF WATER METER. The COUNTY shall own and install the
required water meter as a part of any water service installation. Ownership by the
COUNTY shall terminate at the outlet side of each water meter. The DEVELOPER shall
pay all applicable installation fees.
19. WATER MAIN CONSTRUCTION CONNECTION CHARGES. The
DEVELOPER shall pay water main construction connection charges equal to thirty-five
dollars ($35.00) per front foot of its property which directly abuts a twelve (12) inch water
main, which was installed by other partie . The length of front footage abutting
the water main is hereby agreed to be resulting in
construction connection charges in the amount of
. Per annum simple interest as established and authorized by Section
687.01, Florida Statutes, will accrue on the construction connection charge from August
30, 2016, to the date of payment by the DEVELOPER. The interest rate used shall be the
rate established by Section 687.01, Florida Statutes, at the time of payment by the
DEVELOPER. The DEPARTMENT shall not, under any circumstances, render water
Page 6 of 15
and/or sewer service to the DEVELOPER'S property until such time as the construction
connection charge and interest specified herein have been paid in full.
20. TREATMENT AND TRANSMISSION CAPACITY. In addition to the
covenants and conditions set forth herein, water and sewer service to be rendered by the
COUNTY is subject to the following:
a. Issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the DEVELOPER'S property
which allows additional connections,
b. Sufficient available capacity in the COUNTY'S sewer system and connection
approval, as specified in paragraph 3 herein,
C. Available water by the COUNTY.
However, in no event will the COUNTY be obligated to supply any more water or sewage
treatment capacity in any one year than is called for by the building connection schedule
attached hereto and made a part hereof as Exhibit "C". Any variation from said
connection schedule which results in increased yearly demand on the water resources or
sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit
"C" shall be subject to the written approval and consent of the DEPARTMENT and shall be
dependent on the availability of the water resource and the various restrictions placed on
the supply of water or the disposal of sewage by local, state and federal government
agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If
the DEVELOPER does not utilize the yearly amount of water or sewage treatment facility
allocation specified in Exhibit "C", said amount will be available to the DEVELOPER in the
next calendar year subject to the limitations and provisions specified herein.
21. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional water supply, production and transmission facilities and
regional sanitary sewer system, once the DEVELOPER is granted necessary sewer
allocation, as specified in paragraph 4 hereinabove. However, it is mutually agreed and
understood by the COUNTY and the DEVELOPER that the allocation of capacity by the
COUNTY does not guarantee the ability of the COUNTY to supply water for the
DEVELOPER'S property or the ability to receive and dispose of sewage originating from
the DEVELOPER'S property. Capacity allocation is subject to local, state and federal
agencies and other regulatory bodies having jurisdiction. In connection therewith, the
DEVELOPER agrees that the COUNTY shall not be liable or in any way responsible for any
costs, claims or losses incurred by the DEVELOPER as a result of actions by regulatory
bodies, which are related to capacity allocation.
22. FACILITIES EASEMENTS. If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities, and a fifteen (15) foot wide easement for sewer, both with a twenty-five (25) foot
minimum vertical clearance above the finished grade. The DEPARTMENT shall have
twenty-four (24) hour access to the easement for emergency purposes. If the facilities are
not located in platted easements, then easements shall be granted to the COUNTY by the
DEVELOPER prior to the COUNTY'S installation of a water meter and/or the rendition of
Page 7 of 15
sewer service to the DEVELOPER'S property. The DEVELOPER may not place any
pavers or other structures in an easement area which would prevent the DEPARTMENT, at
its sole discretion, from making full use of the easement, and the DEVELOPER shall
remove same, at the DEVELOPER'S cost, at the direction of the COUNTY. The
DEVELOPER may place pavers or other structures in the easement area if such pavers or
other structures can be removed, with minimal effort by the DEPARTMENT, in the event
that such pavers or other structures need to be removed in order for the DEPARTMENT to
make use of the easement; the DEVELOPER places such pavers or other structures in the
easement area at its own risk, and the DEPARTMENT shall not be liable for any costs
incurred by the DEVELOPER in replacing any such pavers or other structures removed by
the DEPARTMENT.
23. CONNECTION/FRONTAGE BY OTHERS. Parties other than the
DEVELOPER who own property, other than the DEVELOPER'S property, which has
frontage to any water main installed pursuant to this Agreement, may apply to the COUNTY
for connections to said water main. If said parties actually connect and/or abut said
facilities, the COUNTY will impose a construction connection charge equal to thirty-five
dollars ($35.00) for the twelve (12) inch water main, multiplied by the front foot length of the
connecting/abutting property which fronts and/or abuts the water main as measured along
the route of the main. The COUNTY will also impose construction connection charges on
such other parties if said water main is required, in accordance with guidelines and criteria
established by the DEPARTMENT, in order to provide adequate service for the
fronting/abutting property. Said construction connection charges will not be required or
collected from other parties for single-family residences occupied or under construction
prior to the date of this Agreement. The COUNTY shall repay said construction connection
charges to the DEVELOPER within ninety (90) days of receipt of same. However, the
COUNTY'S liability for repayment to the DEVELOPER shall be limited to those amounts
actually collected from others. This provision shall remain in effect for a period of twelve
(12) years from the date of the Absolute Bill of Sale for the water main facilities constructed
by the DEVELOPER. Per annum simple interest as established and authorized by Section
687.01, Florida Statutes, will accrue on all construction connection charges from the date
of the Absolute Bill of Sale for the water main facilities constructed by the DEVELOPER to
the date of payment by the connecting/abutting party. The interest rate used shall be the
rate established by Section 687.01, Florida Statutes, at the time of payment by the
connecting/abutting party. It shall be the DEVELOPER'S responsibility to provide the
COUNTY with current mailing addresses during the twelve (12) year period. In accordance
with the DEPARTMENT'S "Schedule of Water and Wastewater Fees and Charges" the
DEPARTMENT shall retain a "Developer Repayment Fee" currently in the amount of 2.5%
of the gross repayment amount established herein. This fee is subject to revision by the
Board of County Commissioners at any time. The fee percentage used will be the current
rate at the time of the payment.
24. CONVEYANCE OF TITLE. Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the State
of Florida, which states that the DEVELOPER is the owner of the property interest to be
Page 8 of 15
conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the
COUNTY. The opinion shall also state that upon execution by the DEVELOPER, a valid
and enforceable easement will be vested to the COUNTY. The DEVELOPER shall pay for
all recording fees and for all documentary stamps. The details for all conveyances are
specified herein. Failure of the DEVELOPER to provide proper conveyances shall be
cause for the COUNTY to refuse to render service to the DEVELOPER'S property.
25. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of
the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide a conveyance package for execution by the DEVELOPER. The
properly executed documents shall be delivered to and accepted by the COUNTY prior to
the rendition of water and/or sewer service by the COUNTY. The DEVELOPER shall pay
for all recording fees and for all documentary stamps. These conveyances shall be
accompanied by copies of paid bills and lien waivers, releases, or satisfactions from all
persons who performed work on the DEVELOPER'S property and all persons who
incorporate materials into the property, together with a breakdown of the actual cost of said
facilities. Concurrently, the DEVELOPER shall furnish the COUNTY with as -built drawings
which meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules
and Regulations" and shall be in accordance with the latest revision of the
DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall
be subject to approval by the DEPARTMENT. Approval by the COUNTY of all required
documents and drawings shall constitute final acceptance by the COUNTY of said
facilities. After final acceptance, the facilities shall remain at all times the sole, complete,
and exclusive property of the COUNTY and under the exclusive control and operation of
the COUNTY.
26. WARRANTY AND MAINTENANCE BOND. The DEVELOPER warrants that
the public water facilities to be owned by the COUNTY shall be free from defects in
materials and workmanship for a period of one (1) year from final acceptance by the
COUNTY. Simultaneously with the conveyance of the water facilities, the DEVELOPER
shall deliver to the COUNTY an executed maintenance bond or alternate security deposit
acceptable to the DEPARTMENT, which guarantees the warranty. If it becomes necessary
to repair and/or replace any of the facilities during the initial one (1) year period, then the
warranty as to those items repaired and/or replaced shall continue to remain in effect for an
additional period of one (1) year from the date of final acceptance by the COUNTY of those
repairs and/or replacement. The bond shall be in the amount equal to the sum of those
portions of the actual cost of construction of said facilities as follows:
Types of Facilities Percentage of Actual Construction Cost
Water mains 25
The bonds shall have as the surety thereon only such surety company as is acceptable to
the COUNTY and which is authorized to write bonds of such character and amount under
the laws of the State of Florida. A surety company must have a Best's Key Rating Guide
General Policyholder's Rating of "A" or better and a Financial Category of Class "V"
or better or be acceptable to the COUNTY. The attorney -in -fact or other officer who signs a
Page 9 of 15
bond must file with such bonds a certified copy of his power -of -attorney authorizing him to
do so. The Maintenance Bond may be written with the DEVELOPER'S contractor as
"Principal" and the DEVELOPER and the COUNTY as "Co -obligees" or the COUNTY as
sole "Obligee". In the alternative, the DEVELOPER may be named as "Principal" and the
COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year
following the date of final acceptance by the COUNTY of the work done pursuant to this
Agreement to protect the COUNTY against losses resulting from any and all defects in
materials or improper performance of work. If there is no building construction underway
within the DEVELOPER'S property at the time of conveyance, the COUNTY shall have the
right to require that the term of the Maintenance Bond be extended for a period not to
exceed an additional two (2) years. Upon demand by the COUNTY, the DEVELOPER
shall cause to be corrected all such defects which are discovered within the warranty period
or periods as set forth above, failing which the COUNTY shall make such repairs and/or
replacements of defective work and/or materials and the DEVELOPER and/or its Surety
shall be liable to the COUNTY for all costs arising therefrom. The DEVELOPER also
warrants that it shall be solely responsible for the repair of any damages to said facilities
caused by persons in its employment.
27. TERM OF AGREEMENT. Both the DEVELOPER and the COUNTY
recognize that time is of the essence and that this Agreement shall be deemed null and
void and unenforceable if the DEVELOPER fails to comply with any of the following
conditions, where applicable:
a. After execution of this Agreement, work on the water and sewer facilities
shall commence within three hundred sixty-five (365) days from the execution
date. Work shall be considered to have commenced and be in active
progress when engineering drawings are submitted to the DEPARTMENT for
review and approval, and, upon the DEPARTMENT'S issuance of said
approval, a full complement of workmen and equipment is present at the site
to diligently incorporate materials and equipment into the construction of the
water and sewer facilities throughout the day on each full working day,
weather permitting.
b. Once the DEVELOPER commences work on the water and sewer facilities,
said work cannot be suspended, abandoned, or not in active progress for a
period exceeding three hundred sixty-five (365) days.
C. The remedies specified herein are cumulative with and supplemental to any
other rights which the COUNTY may have pursuant to the law or any other
provision of this agreement.
28. INDEMNIFICATION CLAUSE. The DEVELOPER shall indemnify and hold
harmless the COUNTY and its officers, employees, agents and instrumentalities from any
and all liability, losses or damages, including attorney's fees and costs of defense, which
the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the DEVELOPER or
its employees, agents, servants, partners, principals, contractors and/or subcontractors.
The DEVELOPER shall pay all claims and losses in connection therewith and shall
Page 10 of 15
investigate and defend all claims, suits or actions of any kind or nature in the name of the
COUNTY, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. The DEVELOPER expressly
understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the DEVELOPER shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the COUNTY or its officers, employees, agents and
instrumentalities as herein provided. The provisions in this clause shall survive the
termination or expiration of this Agreement.
29. FORCE MAJEURE. Should either party be prevented from performing any
obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God which
includes but is not limited to sudden, unexpected or extraordinary forces of nature such as
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions
or other forces of nature. Inevitable accidents or occurrences shall mean those which are
unpreventable by either party and shall include but not be limited to strikes, lockouts, other
industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots,
federal, state, county and local governmental restraints and restrictions, military action, civil
disturbances, explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of
either party, whether or not specifically enumerated herein.
30. SERVICE CHARGES. The DEVELOPER agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the DEVELOPER'S property as may be applicable until the responsibility for
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
31. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
32. OPINION OF TITLE. With the execution of this Agreement, the
DEVELOPER at its own expense shall deliver to the DEPARTMENT an opinion of title for
the DEVELOPER'S property, issued by a qualified attorney licensed to practice law in the
State of Florida, which states that the DEVELOPER owns fee simple title to the property
referred to herein.
33. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that
prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests
must be performed. It is the responsibility of the DEVELOPER to comply with all such
requirements and to obtain all necessary approvals. In addition, the use of floating meters
for construction purposes is subject to State of Florida requirements and approval by the
COUNTY. The DEVELOPER may request approval for the use of floating meters prior to
Page 11 of 15
actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be
required to execute documents to the Miami -Dade County Department of Regulatory and
Economic Resources (RER) or State of Florida Department of Health (DOH), which state
that the COUNTY has accepted title to the facilities. If the COUNTY is required to execute
such documents, the DEVELOPER agrees to indemnify and hold the COUNTY harmless
from and against all claims, actions, judgments, damages, loss, cost and expense including
reasonable attorney's fees which may be incurred by the COUNTY in connection with the
rendition of water service through the facilities constructed and installed by the
DEVELOPER prior to conveyance of title to the COUNTY, including but not limited to those
that result from failure to properly maintain and repair the water facilities.
34. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage
disposal service commitment provided for in this Agreement shall be transferred, assigned
or otherwise conveyed to any other party without the express written consent of the Director
of the DEPARTMENT or his designee except as noted below. The consent of the
DEPARTMENT shall not be required in connection with the sale, lease or other
conveyance of property or any residential units or commercial establishments to any party
who will be the ultimate user of the property, including but not limited to a bona fide
purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent
of the DEPARTMENT for assignments or transfers of any water and sewage disposal
capacity allocation to any party who holds such property as an investment for resale or who
intends to develop for sale a portion of the DEVELOPER'S property, so that the COUNTY
can adequately determine the demand for water and sewage disposal capacity and plan for
the fair and equitable allocation of water and sewage disposal capacity among the
residents of Miami -Dade County. Consent, when required, shall not unreasonably be
withheld by the DEPARTMENT. If the DEVELOPER'S property is transferred or conveyed,
the DEVELOPER shall remain liable to the COUNTY for all sums of money and all
obligations due hereunder unless released in writing by the COUNTY.
35. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements and representations, whether oral or written, between the DEVELOPER and
the COUNTY, and made with respect to the matters contained herein and when duly
executed constitutes the complete Agreement between the DEVELOPER and the
COUNTY.
36, NOTICE. All notices given pursuant to this Agreement shall be mailed by
United States Postal Service registered or certified mail to the parties at the addresses
specified on page 2 of this Agreement or addresses otherwise properly furnished.
37. RECORDING OF AGREEMENT. This Agreement is being recorded in the
public records of Miami -Dade County, Florida, for the particular purpose of placing all
owners and occupants, their successors and assigns, upon notice of the provisions herein
contained. The DEVELOPER shall pay all recording fees.
38. FLORIDA LAW. This Agreement shall be interpreted under Florida law.
Venue for any litigation relating to this Agreement shall be had in Miami -Dade County,
Page 12 of 15
Florida.
39. SEVERABILITY. If any section, subsection, sentence, clause or provision of
this Agreement is held invalid, the remainder of this Agreement shall not be affected by
such invalidity.
Page 13 of 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials as of the day and year above written.
WITNESSETH:
signature
By:
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY
Brandon Garcia,
New Business Manager
For: Roy Coley, Director
Miami -Dade Water and Sewer Department
The foregoing instrument was acknowledged before me by means of: (check one)
❑ physical presence; or u remote audio-visual means, this day of
2022, by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami -Dade
Water and Sewer Department, who is personally known to me and did not take an oath.
Notary Public
print name
Page 14 of 15
Serial Number
WITNESSETH:
B
signature signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me b means of: check one
IN physical presence; or ❑ remote audio-visual means, this
2022, by , who is personally known to me or has/has not
iiiii
as identification and did/did not take an oath.
i
print name Serial Number
Approved for Legal Sufficiency:
Assistant County Attorney
Page 15 of 15
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
"A" 1 of 1
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
TYPES OF LAND USES GALLONS PER DAY {GPDI
RESIDENTIAL LAND USES
Single Family Residence
210 gpd/unit (under 3,001 sq. ft.)
310 gpolunit (3,001-5,000 sq. ft.)
510 d/unit over 5,000 sq. ft.
Townhouse Residence
165 gpolunit
Apartment
135 gpolunit
Mobile Home Residence/Park
160 gpolunit
Duplex or Twin Home Residence
150 gpolunit_
Residential Facility/institution
75 gpd/bed
100 gpd/unit
10 gpd/100 sq. ft.
150 gpd/person
100 d/ erson
Facility/Institution:
a) Congregate Living Facility (CLF)
b) Apartment Dormitory
c) Fire Station
d) Jail
e Other
COMMERCIAL LAND USES
Airport:
a Common Area/ConcourselRetail
10 d/100 sq. ft.
b Food Service
see restaurant use for allocation
Bank
10 gpd/100 sq. ft.
Banquet Hall (with or without kitchen
10 gpd/100 sq. ft.
Bar, Cocktail Lounge, Nightclub, or Adult Entertainment
20 gpd/100 sq. ft.
Barber Shop
10 d/100 sq. ft.
Beauty Shop
25 gpd/100 sq. ft.
Big Box Retail
2.5 gpd/100 sq. ft.
Bowling Alley
100 gpd/lane
Car Wash:
a) Manual Washing
350 gpolbay
b) Automated Washing
5,500 gpolbay
With recycle system
Based on system design and
evaluation by the Department
Coin Laundry
110 gpd/washer
Country Club with or without kitchen
20 gpd/100 sq. ft.
Dentist's Office
20 gpd/100 sq. ft.
Fitness Center or Gym
10 gpd/100 sq. ft.
Funeral Home
5 gpd/100 sq. ft.
Gas Station/Convenience Store/Mini-Mart:
a Without car wash
450 d/unit
b) With single automated car wash
1,750 gpd/unit
Additional single automated car wash
1,300 gpd/unit
Hospital
250 gpd/bed
Hotel or Motel
i 15 gpd/room
"B" 4 of 2
TYPES OF COMMERCIAL LAND USES (CONTINUED)
House of Worship
10 gpd/100 sq. ft.
Industrial use NOT discharging a process wastewater and
NOT utilizing potable water for an industrial process
(including but not limited to automotive repair, boat repair,
carpentry, factoa, machine shop, welding
4 gpd1100 sq. ft.
Industrial use discharging a process wastewater or utilizing
potable water for an industrial process based on system
design and evaluation by the Department
4 gpd1100 sq. ft.
Kennel
15 gpd1100 sq. ft.
Marina
60 gpd/slip
Nail Salon
30 gpd/100 sq. ft.
Nursing/Convalescent Home
125 gpd/bed
Office Building
5 gpd/100 sq. ft.
Pet Grooming
20 gpd/100 sq. ft.
Physician's Office
20 gpd/100 sq. ft.
Public Park:
a) With toilets only
5 gpd/person
b) With toilets and showers
20 gpolperson
Public Swimming Pool Facility
30 gpolperson
Recreational Vehicle (RV) Park (seasonal use)
150 gpd/space
Restaurant
a) Fast Food
65 gpd/100 sq, ft.
b) Full Service
100 gpd1100 sq. ft.
c Take -Out
100 d1100 sq. ft.
Retail
10 d/100 sq. ft.
School:
a) Day care/Nursery (adults and children)
b Regular school
10 gpd1100 sq. ft.
12 d/100 sq. ft.
Self-service storage units
1.5 d/100 sq. ft.
Shopping Center/Mall
a Shell/Common Area
10 d/100 sq. ft.
Spa
20 d1100 sq. ft.
Sporting Facilities and Auditorium
3 d/seat
Theater
a Indoor
1 d/seat
b Outdoor/Drive-in
5 d/s ace
Veterinarian Office
20 d/100 sq, ft.
Warehouse/Speculation Building
2 d/100 sq. ft.
Wholesale Food Preparation (including but not limited to
meat markets and commissaries
35 gpd/100 sq. ft.
LEGEND:
gpd - gallons per day
sq. ft. - square feet
NOTES:
1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average
daily flow in gallons per day.
2) Condominiums shall berated in accordance with the specific type of use (e.g., apartment,
townhouse, warehouse, etc.).
"B"2of2
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF
GAD BUILDING CONNECTION
"C" 1 of 1
M® MIAMI - DADE WATER AND SEWER DEPARTMENTff ;j'I E31
N
W+E
S
EXHIBIT "A" - 1
LOCATION SKETCH
SCALE: N.T.S
-THIS IS NOT A SURVEY-
, ID#
UNITY OF TITLE
THIS UNITY OF TITLE, made and entered into this day of
2022, by a
company, hereinafter designated as the "OWNER", whose
mailing address is: , to Miami -Dade County, a
political subdivision of the State of Florida, its successors and assigns, hereinafter designated
as the "COUNTY";
WITNESSETH
WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as
the "DEPARTMENT", operates the water and sewer systems owned by the COUNTY, and
WHEREAS, the OWNER holds the fee simple title to the land in Miami -Dade County,
Florida ("County"), described in Exhibit "A," attached hereto and hereinafter called the
"Property;"
WHEREAS, the OWNER desires that it be allowed to operate and maintain private water
and sanitary sewer systems and associated other facilities, including gravity sewer lines, from
which the Property shall be connected to the water system and sanitary sewer system owned
and operated by the COUNTY; and in consideration of providing said services at a substantial
savings to the OWNER by allowing new connection to private facilities within the Property rather
than requiring that the connections be made directly to facilities of the COUNTY within
dedicated rights -of -way or easements, the OWNER agrees to restrict the use of the Property as
described herein; and
WHEREAS, the COUNTY wishes to ensure that a single entity shall be responsible for
operating and maintaining in good working order the private water and sanitary sewer systems
and other associated facilities serving the Property; and.
WHEREAS, the OWNER recognizes and acknowledges that for the public health,
welfare, safety and morale, the herein described property should not be divided into separate
parcels owned by several owners, and in consideration of providing water and sewer services
by the COUNTY to the subject property at a substantial savings to the OWNER by allowing new
connections to private facilities of the OWNER within the property described above rather than
requiring that the connections be made directly to facilities of the COUNTY located within
dedicated rights -of -way, and for other good and valuable considerations, the OWNER hereby
agrees to restrict the use of the subject property in the following manner:
1. The OWNER further agrees that described properties shall be considered as one
plot and parcel of land and that no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety as one plot or parcel of land.
However, the sale of individual condominium units shall not be prohibited.
11-
ID#
2. The OWNER shall be solely responsible for operating and maintaining said
private water and sewer systems in an efficient manner. The OWNER shall prevent said water
and sewer systems from being a nuisance or detrimental to public health or safety. The
OWNER shall ensure that all necessary permits for said system are obtained, and for ensuring
that the requirements of such permits are at all times complied with. Nothing contained herein
shall be construed as waiving the requirement that the OWNER complies with any provision of
the Code of Miami -Dade County, or waiving any such provision with respect to the
development.
3. The OWNER further agrees that this condition, restriction, and limitation shall be
deemed a covenant running with the land and shall remain in full force and effect and be binding
upon the undersigned, its successors and assigns, until such time as the same may be released
in writing by the Director or designee of the DEPARTMENT and by the Division of
Environmental Resources Management (DERM) or successor department, provided,
however, that said release shall only be executed when the Property has connected at no cost
to the COUNTY to additional water and sewer facilities within dedicated rights -of -way or
easements that have been properly constructed, so that all portions of the property can be
served from adjacent and abutting water and sewer facilities of the COUNTY, or if no
development utilizing a private system or facilities was constructed or developed on the property
prior to the expiration or release of an Agreement for Water and/or Sanitary Sewer Services
between the OWNER and Miami -Dade County.
4. This Unity of Title is being recorded in the Public Records of Miami -Dade
County, Florida, for the particular purpose of placing all owners or occupants, their successors
and assigns, upon notice of the provisions herein contained. The OWNER shall pay all
recording fees.
5. The OWNER does hereby fully warrant that it has good title to the above
described property and that it has full power and authority to execute this Unity of Title.
This instrument prepared by:
Christopher Schaffer
New Business Section
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
-2-
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio Nos:
Reserved for Recording
UNITY OF TITLE
WHEREAS, Insert Owner Name. ("Owner") owns the property ("Property") legally
described as:
Legal description and folio number
The address of which is Address., Miami, Florida, 33--and;
Legal description and folio number.
The address of which is Address, Miami Florida, 33--
Which are also described in Exhibit "A".
In consideration of the issuance of permits for the Property from the City of Miami ("City")
and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner hereby agrees to restrict the use of the subject Property in the
following manner:
That the Property shall be considered as one plot and parcel of land and that no portion of
said plot and parcel of land shall be encumbered, mortgaged, sold, transferred, divided,
conveyed, devised or assigned separately, except in its entirety as one plot or parcel of land.
Covenant Running with the Land. This Unity of Title on the part of the Owner shall
constitute a covenant running with the land and will be e-recorded by the City, at the Owner's
expense, in the public records of Miami -Dade County, Florida and shall remain in full force
and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns
until such time as the same is modified, amended, or released.
Folio No. #.
Term. This Unity of Title is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Unity of Title is
recorded, after which time it shall be extended automatically for successive periods of ten
(10) years each, unless an instrument signed by the, then, Owner(s) of the Property has been
recorded agreeing to change the Unity of Title in whole, or in part, and that the Unity of Title
has first been modified, amended, or released in writing by the City as specified herein.
Modification, Amendment, Release. This Unity of Title may only be modified, amended, or
released as to the Property, or any portion thereof, by a written instrument executed by the,
then, owner(s) of the Property, including joinders by all mortgagees, if any, provided that the
same is also approved in writing by the Zoning Administrator and Building Official, or their
respective designees or successors, in a form acceptable to the City Attorney, or his/her
respective designee or successor, upon the determination by the Zoning Administrator and
Building Official that the Unity of Title is no longer necessary and a determination by the
Building Official that the modification, amendment, or release will not cause a violation of
the Florida Building Code.
Authorization for the City to Withhold Permits and Inspections. In the event the terms of
this Unity of Title are not being complied with, in addition to any other remedies available,
the City is hereby authorized to withhold any further permits and refuse to make any
inspections or grant any approvals, until such time as this Unity of Title is complied with.
Inspection and Enforcement. It is understood and agreed that any official inspector of the
City may have the right at any time during normal business hours to enter upon the Property
for the purpose of investigating the use of the Property and for determining whether the
conditions of this Unity of Title are being complied with. Enforcement of this Unity of Title
shall be by action against the parties to this Unity of Title or persons violating or attempting
to violate any covenants herein or the then Owners at the time the violation is committed.
This enforcement provision shall be in addition to any other remedies available at law, in
equity, or both. The violations may also be enforced by City Code, Chapter 2, Article X,
titled Code Enforcement.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to
be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies, or privileges.
Severabilily. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions, which shall remain in full force and effect.
Counterparts/Electronic Signature. This Unity of Title may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Unity of Title. The parties shall
be entitled to sign and transmit an electronic signature of this Declaration (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party
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whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Unity of Title upon
request.
Recording. This Unity of Title will be e-recorded by the City, at the Owner's expense, in the
public records of Miami -Dade County, Florida upon full execution.
[Signature Page to Follow]
This Space Intentionally Left Blank
Rev. 7/2020
Folio No.
Signed, witnessed, executed, and acknowledged on this # day of Month, 20--
WITNESSES:
Click or tap here to enter text.
Print Name
Click or tap here to enter text.
Print Name
Owner Name
Click or tap here to enter text.
[Name of Signatory, Title].
Signature
Signature
(TWO WITNESSES FOR EACH PERSON SIGNING).
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical
presence OR ❑ online notarization, this day of Month, 20--, by
as
Personally Known ❑ OR Produced Identification ❑.
Type of Identification Produced
of
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Notary Public
Print or Stamp Name of Notary Public: ------
Notary Public, State of Click or tap here to enter text.
Commission No.: Click or tap here to enter text.
My Commission Expires:Click or tap here to enter text.
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Rev. 7/2020
Folio No. #.
WITNESS my hand and official seal in the county and state named above this
day of , 20--.
Approved:
Daniel S. Goldberg, Esq.
Zoning Administrator
Approved as to Legal Form and Correctness:
Victoria Mendez, Esq.
City Attorney
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Folio No. #.
Exhibit "A"
[Parcel 1 — Legal description, address and folio]
and
[Parcel 2 — Legal description, address and folio]
Rev. 7/2020
Miami Freedom Park SAP
Development Agreement
Exhibit "H"
Expedited Permitting Timelines
(A) The City Manager, or his/her designee, shall, within 10 business days
following receipt of written request from Developer, or their designees, execute any
applications, forms or petitions necessary to modify, renew, or obtain any Permits, as may
be necessary from time to time, if written consent of the property owner is required by such
application, form or petition. The City shall act reasonably to expedite any application for
Permits requested or required in connection with the permitting and construction of the
Project to allow for the un-delayed completion of the Project.
(B) The City agrees to designate any building permit, Special Area Plan, SAP
Permit, or any other requested entitlement as a High Priority Project, with City review
subject to the timelines) set forth below:
(i) Special Area Plan Permits (SAP Permits)
• The Zoning Administrator shall review each submitted SAP
Permit for compliance with the documents required by the
SAP Permit checklist within seven (7) days of receipt;
• Each discipline required to review the SAP Permit shall
appoint a specified reviewer available to meet with the
Applicant and the City Manager's Office on a bi-weekly basis
to coordinate review and feedback of any SAP Permit review;
• For SAP Permits requiring CRC and UDRB review, the SAP
Permit shall be scheduled for CRC and UDRB for the month
following the submittal of the SAP Permit if determined to be
in substantial compliance by the Zoning Administrator;
• If CRC and UDRB are not required, the Planning Director
shall issue an intended decision on the SAP Permit within
ninety (90) days of submittal of a complete SAP Permit
application
(ii) Warrants and Waivers
• Any required Warrants and/or Waivers shall be reviewed on
the same timeline as the SAP Permits described above, with
an additional thirty (30) days for required notice and fifteen
(15) days for the appeal period;
• Each discipline required to review any Warrants and/or
Waivers shall appoint a specified reviewer available to meet
with the Applicant and the City Manager's Office on a bi-
weekly basis to coordinate review and feedback of any
Warrants and/or Waivers review;
' The timelines contained herein do not include any time the application is with the applicant and not
submitted to the City.
. •
Miami Freedom Park SAP
Development Agreement
(iii) Platting
• Notwithstanding the provision of City Code Section 55-10(f),
in the event the City determines that replatting of the Overall
Property is required, the review of the replatting shall be
subject to the following timeline:
• City Staff shall schedule the tentative plat for review with the
Plat and Street Committee for the month following submittal
of the tentative plat;
• City Staff shall issue the Plat and Street Committee letter with
any required platting conditions within ten (10) working days
of the Plat and Street Committee meeting;
• City Staff shall issue the subdivision improvement
requirements letter within ten (10) working days of approval
of the tentative plat by the Plat and Street Committee,
• City Staff shall review the Subdivision Improvements Plan
within fifteen (15) days of submittal;
• If required, any street/alley vacation shall be submitted for
PZAB review within thirty (30) days of submittal of a
complete application and scheduled for City Commission
review within thirty (30) days of PZAB approval;
• City Staff shall schedule the final plat for City Commission
acceptance within thirty (30) days of submittal of the final
plat;
• Each discipline required to review the Plat shall appoint a
specified reviewer available to meet with the Applicant and
the City Manager's Office on a bi-weekly basis to coordinate
review and feedback of any Plat review.
(iv) General Permits/Entitlements
• Demolition Permits shall be reviewed within ten (10) working
days from submittal;
• Tree Removal/Relocation Permits shall be reviewed within
ten (10) working days from submittal;
• Temporary Use Permits shall be issued within thirty (30) days
of submittal of a completed application;
• Within ten (10) working days of a Certificate of Use
application submittal, the Department of Zoning will issue the
required documents to obtain the required approvals from
Federal, State, County, and City Departments, as applicable.
Certificates of Use shall be issued within three (3) working
days of submittal of documents reflecting all required
approvals;
all
Miami Freedom Park SAP
Development Agreement
• City Staff shall review and approve any required Unity of Title
or Declaration of Restrictive Covenants in Lieu of Unity of
Title within thirty (30) days of submittal of an application.
• Any other permits, entitlements, or approvals required for the
development of the Overall Property not specifically
described above shall be reviewed and approved within thirty
(30) working days of the submittal of a completed package.
(C) The City agrees to review building permits relating to the Stadium
Development in accordance with the schedule set forth below, but the Package Review
Times shall not commence until the City shall have received a completed application form
for the relevant Permit and all plans, reports, information, exhibits or other documents
required to be submitted with such application. Within five (5) business days of receiving
any such Permit application, the City shall cause its building department to provide to
Developer, or its designee, in writing a specific list of any documents or other requirements
that are missing or otherwise required to complete the application. The timelines indicated
below do not include any time that a building permit is reviewed by any other jurisdiction
(i.e. Miami -Dade County DERM) nor time the application is with the applicant.
• Each discipline required to review any submitted building permit shall appoint a
specified reviewer available to meet with the Applicant and the City Manager's
Office on a bi-weekly basis to coordinate review and feedback of any building permit
review;
• Foundation Permit Package
o City Staff shall review and approve any Foundation permits within twenty
(20) working days of submittal of a completed application;
• Superstructure and Roof Permit Package
o City Staff shall review and approve any Superstructure and Roof permits
within twenty (20) working days of submittal of a completed application;
• Enclosures, Interiors, and Finishes Package
o City Staff shall review and approve any Enclosures, Interiors, and Finishes
permits within thirty (30) working days of submittal of a completed
application;
• All Other Building Permits
City Staff shall review and approve all other buildings permits within thirty (30) working
days of submittal of a completed application.
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