HomeMy WebLinkAboutR-90-0911J-90-897
11/08/90
RESOLUTION NO. 9 0 - 9 11
A RESOLUTION, WITH ATTACHMENT, AMENDING A
PREVIOUSLY ISSUED DEVELOPMENT ORDER FOR MIAMI
CENTER I (RESOLUTION 79-396; MAY 24, 1979, AS
AMENDED), A DEVELOPMENT OF REGIONAL IMPACT
PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
BY AMENDING THE DEVELOPMENT ORDER FOR ONE
DUPONT PLAZA (EXHIBIT "B" OF RESOLUTION
86-828, OCTOBER 7, 1986), LOCATED AT
APPROXIMATELY 301-399 S. BISCAYNE BOULEVARD,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY AMENDING CONDITION 29 TO EXTEND
DEADLINES BY THREE MONTHS (EXTENDING THE
LATEST DATE FOR COMMENCEMENT OF CONSTRUCTION
TO FEBRUARY 21, 1990, AND THE DATE OF
EXPIRATION OF THE SUBSEQUENT ONE YEAR STAY TO
FEBRUARY 21, 1991), AND TO REVISE CONDITIONS
17F, 17G, 24 (FIGURE 7) 25F, 25G, AND RELATED
CONDITIONS, ACCORDINGLY; INSTRUCTING THE CITY
CLERK TO TRANSMIT THIS RESOLUTION TO STATE
AND REGIONAL AGENCIES AFFECTED PARTIES AND
THE APPLICANT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 10, 1990, the applicant, Miami Center
Joint Venture, filed an application to amend a previously issued
Development Order for Miami Center I (Resolution 79-396;
May 24, 1979, as amended) a development of regional impact per
Section 380.06, Florida Statutes, by amending the previously
issued Development Order for One DuPont Plaza (Exhibit "B",
Resolution 86-828, October 7, 1986) located at approximately 301-
399 S. Biscayne Boulevard, Miami, Florida, and more particularly
described as the Southerly 3.01 acre part of Tract D, Block 1,
DUPONT PLAZA, according to the plat thereof, as recorded in Plat
Book 50 at Page 11 of the Public Records of Dade County,
Florida; and
WHEREAS, the application does not effect "Miami Center
Existing" which is the First Union National Bank Office Building,
parking garage, podium and the Hotel Intercontinental on the
northerly 5.01 acre tract; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 3, 1990, Item No. 4, following an advertised public
ATTACHMENTS
i CONTAINED
CITY COMM ICM
MEETING OF
NOV 8 IM
hearing, adopted Resolution No. PAB 70-90, by a 8 to 1 vote,
t
RECOMMENDING APPROVAL of amending the Development Order for Miami
Center I, as hereinafter set forth; and
WHEREAS, on November 8, 1990, in public hearing, the City
Commission granted a three month extension to the terms of the
Development Order, and asked that the item be brought back to the
January, 1991, Planning and Zoning meeting; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the Development Order for Miami Center I as hereinafter set
forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Exhibit "B" of Resolution 86-828, dated
October 7, 1986, is hereby amended in the following respects:l/
"THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY
AND SEVERALLY SHALL:
17d. In the event that the current Florida Department of
Transportation approved design for the I-95 Downtown
Distributor Bifurcated Ramp System (Figure 4) is
superseded by the proposed Downtown Development
Authority Alternative (Figure 5), fund a fair share of
the incremental costs or receive a credit for any
incremental savings (See Condition 17g) (See
Attachment 7). If any other viable alternative to the
I-95 Downtown Distributor Bifurcated Ramp System is
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
90- 911
-2-
V
accepted, as deemed by the Miami City Commission, the
Applicant will fund a fair share of the costs, but not
less than $138,000. (See Condition 17g). If the
Applicant's proposed modifications (Figure 6) are
approved, fund the following items:
Applicant
Item
Cost Fair Share
A.
FDOT Plan changes arising
-- 100%
from following three
Applicant modifications
(Figure 6)
B.
Plus the following
additional items:
1)
Conversion of Ramp
$80,000 $80,000
Embankment
2)
Service Road
$55,000 $55,000
3)
Geometric Modifications
$3,000 $3,000
of SE 2nd Avenue/
Biscayne Boulevard Way
Intersection
$138,00+ $138,000+ (but not
less than
the FDOT
bid award)
jIn this event, (i.e. Applicant's three proposed
modifications in Figure 6 are constructed) funds shall be
I
made available in a timely manner, prior to the FDOT bid
I
award for the selected Bifurcated Ramp System; issuance of
any Certificate of Occupancy for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase I, or by ffetnuetry 1,
April 1, 1990, whichever is earliest pursuant to
s. 380.06(15)(e)2._ Florida Statutes.
17f. If a public sector financing package has not been committed
prior to Becentber *:j 19 T March 31, 1992, then prior to
obtaining any building permits for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase 2, fund, bond, or provide a letter of
credit in the amount of $517,000 (1985 dollars) to the FDOT
or, in the alternative, loan said amount to FDOT, if
acceptable to FDOT, as the Applicant's fair share
contribution to the $9,763,000 Brickell Avenue Miami River
-3-
90- 911
Bridge replacement, pursuant to Section 380.06(15)(e)2 F.S.
Applicant shall provide the City a letter of credit in said
amount ($517,000 in 1985 dollars) to be applied to the
construction of the above -described improvement prior to
issuance of any (temporary, partial or permanent)
certificate of occupancy for Phase I, which letter of credit
shall be cancelled if said public sector financing package
has been committed for the improvement or five years from
the issuance of said letter of credit whichever is earlier,
provided however that the letter of credit shall be renewed
for an additional five years if required by the Miami City
Commission.
17g. If a public sector financing package has not been committed
prior to December 31, 1991 March 31, 1991, then prior to
obtaining any building permits for One Dupont Plaza (F/K/A
Biscayne Plaza) Phase 2, fund, bond, or provide a letter of
credit in the amount of $5,027,000 (1985 dollars) to FDOT
or, in the alternative, loan said amount to FDOT, if
acceptable to FDOT, as the Applicant's fair share
contribution to the Downtown Distributor Bifurcated Ramp
System, whose total cost is estimated at $56 million (1986
dollars), pursuant to Section 380.06(15)(e)2, F.S.
Applicant shall provide the city a letter of credit in said
amount ($5,027,000 in 1985 dollars) to be applied to the
construction of the above -described improvement prior to
issuance of any (temporary, partial or permanent)
certificate of occupancy for Phase I, which letter of credit
shall be cancelled if said public sector financing package
has been committed for the improvement or five years from
the issuance of said letter of credit whichever is earlier,
provided however that the letter of credit shall be renewed
for an additional five years if required by the Miami City
Commission.
90-- 911
-4-
24. Hereby incorporate the attached One DuPont Plaza (F/K/A
i
Biscayne Plaza) Phase 1 and 2 timeline (Figure 7), revised
i
September 29, 1990 which timeline will be used by the
Planning Director in monitoring specific conditions of the
Development Order as they relate to city permitting for
specific components or phases; provided, however, that
deviations from the timeline shall not be construed to be
substantial deviations from the terms of this Development
Order.
25f. If a public sector financing package has not been committed
prior to Becemb*sr- 31, 199i March 31, 1992, withhold issuance
of any building permits for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase 2 until the Applicant funds, bonds, or provides
a letter of credit in the amount of $517,000 to FDOT or, in
the alternative, loans said amount to FDOT, if acceptable to
FDOT, pursuant to Condition 17f. The City shall withhold
issuance of any (temporary, partial or permanent)
certificate of occupancy for Phase I, until the Applicant
provides the City a letter of credit in the amount of
($517,000 in 1985 dollars) to be applied to the construction
of the above -described improvements, which letter of credit
shall be cancelled if said public sector financing package
has been committed for the improvement or five years from
the issuance of said letter of credit whichever is earlier,
provided however that the letter of credit shall be renewed
for an additional five years if required by the Miami City
Commission. The City does not guarantee the completion of
this improvement.
25g. If a public sector financing package has not been committed
by December 33:, 1991 March 31, 1992, the City shall withhold
issuance of any building permits for the One DuPont Plaza
(F/K/A Biscayne Plaza) Phase 2 until the Applicant funds
bonds, or provides a letter of credit in the amount of
$5,027,000 to FDOT or, in the alternative, loans said amount
-5- 9 0 -- 911
c
to FDOT, if acceptable FDOT, pursuant to Condition 17g. The
City shall withhold issuance of any (temporary, partial or
permanent) certificate of occupancy for Phase I, until the
Applicant provides the City a letter of credit in the amount
of ($5,027,000 in 1985 dollars) to be applied to the
construction of the above -described improvements, which
letter of credit shall be cancelled if said public sector
financing package has been committed for the improvement or
five years from the issuance of said letter of credit
whichever is earlier, provided however that the letter of
credit shall be renewed for an additional five years if
required by the Miami City Commission. The City does not
guarantee the completion of this improvement.
29. Stay the effectiveness of this Development Order - Exhibit
"B" - if One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 is
not under construction within three (3) years and three (3)
months from the effective date of this Development Order or
by February 21, 1990. "Construction" is defined as the
issuance of a foundation building permit and completion of
construction allowed by the foundation permit; "effective
date" is defined as forty-five (45) days after the issuance
of this Development Order by the Miami City Commission =
November 21, 1986. In such an event no development permits
thereunto shall be granted, until such time as an Amended
ADA, providing updated information, is submitted to the
Council, City, and State and an Amended Development Order
issued. Should the Development Order be stayed pursuant to
this Condition and an amended Application for Development
Approval as herein provided is not submitted within one year
after such stay is imposed or by February 21, 1991, this
Development Order - Exhibit "B" - shall expire and shall
thereafter have no further force or effect. Exhibit "A" of
this Development Order continues to run with the land.
* * * of
-6- 90-- 911
Section 3. The City Clerk is hereby instructed to transmit
this Resolution to: Thomas G. Pelham, Secretary, Florida
Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399; Jack Osterholt, Executive Director,
South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021; Ethan Minsky,
attorney for Miami Center Joint Venture (the applicant), Shea and
Gould, 1428 Brickell Avenue, Miami, Florida 33131; Jeffrey
Bercow, Steel Hector Davis, 4000 Southeast Financial Center, 200
S. Biscayne Boulevard, Miami, Florida 33131; and Miami Center
Owners Association, Lincoln Properties Company, Hotel
Intercontinental, 201 S. Biscayne Boulevard, Miami, Florida
33131.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of N�ember.,=,,. , 1990.
ATT
MAT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
t'-t� r Z1,
tl-OEIL E. MAXW LL
CH EF ASSISTAN CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. ERNANDEZ
CITY ATT NEY
JEM/db/M1789
XAVIER L.
Z,
90-- 911
-7-
CITY ISSUES
DEVELOPMENT ORDER AMENDMENT
-IVE DATE NOV. 21,198
CITY ISSUES
DEVELOPMENT ORDER
AMENDMENT
4 YEARS*
1990
CITY ISSUES
BUILDING PERMIT FOR PHASE I
START OF CONSTRUCTION (PH I)
1 1992
CONDITIONS11,17b, CONDITION 22,
23 23,24
18.19
CONDITIONS 2,3
CONDITION 16 I ' WNOITIONS 1.4.5.6.7.9.10�
12,13.14,15. [To, ITc,25c, 111
25 b,28
DITIONS 20,21
D 1 J I F M A M J J A S O 1 N 1 D
TIME LINE (IN MONTHS)
IS
CONDITIONS 22.23.24
CONDITIONS 4,5,7,25a,25c,25d,25*,251,25q.
CITY ISSUES
CITY ISSUES CERTIFICATE BUILDING PERMIT
OF OCCUPANCY (PH I I (PH 2 )
COMPLETION OF
CONSTRUCTION (PH I)
PUBLIC SECTOR
FINANCING PACKAGE
1993
START OF CONSTRUCTION
(PH 2)
1 CONDITION 29
CON0171ONS 22, 23,24 CONDITION 23 CONDITIONS 22.23.24
CONOtnONS 2,3
CONDITIONS 1,4, 1 CONDITION 7
7,10,11,13,14,lS,ITs,
17f,17q,18,19,23�,
25f, 25q,25h, 28
CONDITIONS ITd,22 CONDITION 8
17f,17q
FIGURE 7 MIAMI CENTER I/ ONE DUPONT PLAZA TIMELINE
CITY ISSUES
CERTIFICATE OF OCCUPANCY (PH 2)
COMPLETION
OF CONSTRUCTION (PH 2)
1995
CONDITIONS 26.27
CONDITIONS 22.23.24
CONDITIONS ITs, 25a
CONDITION 8,25c CONDITION 8
DEVELOPMENT ORDER EXPIRES
DECEMBER 31.1996 OR SOONER
OR AT THE LATEST BY JANUARY I, 2000
NOTE THE TEXT OF THE DEVELOPMENT ORDER GOVERNS
DEVIATIONS FROM THIS TIMELINE ARE NOT
CONSIDERED TO BE SUBSTANTIAL DEVIATIONS,
CITY OF MIAMI PLANNING DEPARTMENT
REV:6/26/86 9/24/90
-- 10/7/86
af .
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SHEA & GOULD
1428 BRICKELL AVENUE
MIAMI, FLORIDA 33131
13031 372.2000
TELECOPIER 13051 372.2058
January 15, 1991
City of Miami Planning
and Zoning Boards
Administration. Department
275 N.W. 2nd Street
Miami, FL 33128
R E C E r`I
I:��I JMN 18 F1.1 ? 3�
CITY CL}=F':
CITY 0,-
Re: City of Miami City Commission Resolution No. 86-828
(the "Resolution")
Application to Amend Development Order (the "Application")
dated September 10, 1990
Gentlemen:
On or about September 10, 1990, the undersigned filed the Application on
behalf of Miami Center Joint Venture, requesting an amendment of the Development
Order contained in the Resolution. Specifically, the Application requested an
extension of the expiration date of the Development Order for a two year period to
November 21, 1992.
On November 8, 1990, the City of Miami City Commission granted Miami Center
Joint Venture a three month extension and tabled the item for further consideration
at its January Public Hearing (January 25, 1991).
Notice is hereby given that the Application is withdrawn and that Miami Center
Joint Venture will not appear at the January 25, 1991 Public Hearing. Please remove
the item from the agenda.
'thank you very much for your cooperation.
Ver
y truly yours,
6
i4
Ethan P. Minsky
cc: Xavier L. Suarez, Mayor
Miller J. Dawkins, Vice Mayor
[)r. Miriam Alonso, Commissioner
Victor H. De Yurre, Commissioner
J. L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
Sergio Rodriguez, Director of City of Miami Planning Department
NEW YORK. NEW YORK WASNINGTON. O.C. LOS ANGELES. CALIFORNIA
ALSANY NEW YORK
IA PARTNCRSNIP INCLUDING PROFCSSIONAL CORPORATIONSI V 9 //
A,
99- 911
SHEA & GOULD
1428 BRIGKELL AVENUE
MIAW, FLORIDA 33131
4305) 372.2000
TELECOPIER (305) 372.2058
January 15, 1991
City of Miami Planning
and Zoning Boards
Administration Department
275 N.W. 2nd Street
Miami, FL 33128
F;ECC i,y; GD`
I .- I JMR 18 R! w 38
"0A I I u t ,
CITY CLr=r;;
CITY 071fIFl.�::
Re: City of Miami City Commission Resolution No. 86-828
(the "Resolution")
Application to Amend Development Order (the "Application")
dated September 10, 1990
Gentlemen:
On or about September 10, 1990, the undersigned filed the Application on
behalf of Miami Center Joint venture, requesting an amendment of the Development
Order contained in the Resolution. Specifically, the Application requested an
extension of the expiration date of the Development Order for a two year period to
November 21, 1992.
On November 8, 1990, the City of Miami City Commission granted Miami Center
Joint Venture a three month extension and tabled the item for further consideration
at its January Public Hearing (January 25, 1991).
Notice is hereby given that the Application is withdrawn and that Miami Center
Joint Venture will not appear at the January 25, 1991 Public Hearing. Please remove
the item from the agenda.
Thank you very much for your cooperation.
Very truly yours,
Ethan P. Minsky
cc: Xavier L. Suarez, Mayor
Miller J. Dawkins, Vice Mayor
nr. Miriam Alonso, Commissioner
Victor H. De Yurre, Commissioner
J. L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
Sergio Rodriguez, Director of City of Miami Planning Department
NEW YORK, NEW YORK WASHINGTON, D C LOS ANGELES. CALIFORNIA ALBANY. NEW YORK
IA PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONSI C � A
` U
90-- 911
SHEA & GOULD
City of Miami Planning
and Zoning Boards
January 17, 1991
Page 2
Joseph W. McManus, Planning Department
(via facsimile - 358-1452)
Jorge L. Fernandez, Esq., City Attorney
Joel E. Maxwell, Esq., Chief Assistant City Attorney
Mr. B. Jack Osterholt, Director of So. Fla. Regional Planning Council
Mr. Alto Thomas, Department of Community Affairs
(via facsimilie - (904) 488-3309)
Mr. Ed Mills, Department of Community Affairs
(via facsimile - (904) 488-3309)
T. Gordon Hendry; Esq.
Mr. Edgar Schumacher, Jr. 40
Ms. Matty Hirai, City Clerk
UrNLt Ut 1 Mt 1.11 T I,LCKK/mercy nanrswu ran American vriveir.v.aux owruoimiarni, nunua 31v-ow3
90- 911
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MATTY HIRAI
City Clerk
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December 6, 1990
Miami Center Owners Association
Lincoln Properties Company
Hotel Intercontinental
201 S. Biscayne Boulevard
Miami, FL 33131
RE: AMENDMENT TO DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
Dear Sirs:
CESAR H. ODIO
City Mandger
Enclosed herein please find a copy of Resolution No. 90-911,
which was passed and adopted by the City of Miami Commission at
its meeting held on November 8, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
V truly yours,
TTY HIRAI
City Clerk
MH:vg
Enc. a/s
Cep-9il
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-WS
90-- 911
itu jorf t2t2ti
,t`i OF
MATTY HIRAI W .'gyp r CESAR H. ODIO
City Clerk City Manager
(} •ce.e c•••n tit
9�f�O.FI�Q`O
December 6, 1990
Jeffrey Bercow, Esq.
Steel Hector Davis
4000 Southeast Financial Center
200 S. Biscayne Boulevard
Miami, FL 33131
RE: AMENDMENT TO DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
Dear Mr. Bercow:
Enclosed herein please find a copy of Resolution No. 90-911,
which was passed and adopted by the City of Miami Commission at
its meeting held on November 8, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
Vex truly yours,
Xi
TTY HIRAI
City Clerk
MH:vg
Enc. a/s
qo—iq 11
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
i
t jorf AtUITIT
0f,y
MATTY HIRAI ;W ..'q� T ��= CESAR H. ODIO
City Clerk ►- City Mandger
e ve
C4O fCO.F��0.`Oa
December 6, 1990
Ethan Minsky, Esq.
Shea and Gould
1428 Brickell Avenue
Miami, FL 33131
RE: AMENDMENT TO DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
Dear Mr. Minsky:
Enclosed herein please find a copy of Resolution No. 90-911,
which was passed and adopted by the City of Miami Commission at
its meeting held on November 8, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
V.etruly yours,
MATTY HIRAI
City Clerk
MH:vg
Enc. a/s
Qo'gII
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
90- 911
0
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El
L�itLt jorf Miami
G, '( 0��
MATTY HIRAI �, ,.�, �r CESAR H. 0010
City Clerk �? s
City Mandger
46
Q Q
December 6, 1990
Mr. Jack Osterholt, Executive Director
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, FL 33021
RE: AMENDMENT TO DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
Dear Mr. Osterholt:
Enclosed herein please find a copy of Resolution No. 90-911,
which was passed and adopted by the City of Miami Commission at
its meeting held on November 8, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
V.pry truly yours,
RATTY HIRAI
City Clerk
MH:vg
Enc. a/s
q0. C? I I
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Boz 330708/Miami, Florida 33233.0708/(305) $79-6065
90- 911
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G��Y OFF
MATTY HIRAI W .,'� �►'� CESAR H. ODIO
City Clerk 31 City Mandger
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t
December 6, 1990
Mr. Thomas G. Pelham, Secretary
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
RE: AMENDMENT TO DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
Dear Mr. Pelham:
Enclosed herein please find a copy of Resolution No. 90-911,
which was passed and adopted by the City of Miami Commission at
its meeting held on November 8, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
Very truly yours,
liMATTY HIRAI
i
City Clerk
MH:vg
! Enc. a/s
qc)�
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330706/Miami, Florida 33233-0705/(305) 579-WS
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PLANNING FACT SHEET
PZW�
APPLICANT Ethan Minsky, Attorney for owners:
Miami Center Joint Venture
September 10, 1990
PETITION 4. APPROXIMATELY 301-399 S. BISCAYNE BOULEVARD
Southerly 3.01 acre part of
Tract D
Block 1
DUPONT PLAZA (50-11) PRDC
Consideration of amending the Miami Center I
Development Order (Resolution 79-396; May 24,
1979, as amended) a development of regional
impact, per Chapter 380 F.S., by amending the
Development Order for One Dupont Plaza (Exhibit
"B" - Resolution 86-828, October 7, 1986)
located at 301-399 S. Biscayne Boulevard, by
amending condition 29 to extend deadlines by two
years (extending the latest date for
commencement of construction to November 21,
1991 and the date of expiration of the one year
stay to November 21, 1992), and to revise
conditions 17f, 17g, 24 (figure 7) 25f, 25g, and
related conditions.
REQUEST To extend the time of commencement for the One
Dupont Plaza project by two years.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
BACKGROUND In 1979, the Commission issued a Development
Order for Miami Center I. "Miami Center
Existing", comprised of the Florida National
Bank office building, podium, garage and Hotel
Intercontinental has since been built in the
northerly 5.45 acres of the site. In 1986, an
amended Development Order was issued by the
Commission for the One Dupont Plaza project for
the vacant southerly 3.01 acres of the site.
Condition 29 of that Development Order provides
for a one year stay, to November 21, 1990, after
which the Development Order expires.
Due to existing conditions in the local
construction market (20-25% office vacancy rate)
and adverse financial considerations nationally,
90- 911
Aft
AlMhk
WPM
ANALYSIS
PLANNING ADVISORY BOARD
the applicant has requested a two year delay in
commencing this project;
The amendments would;
1. (Condition 29) Extend the time of
commencement of construction from three
years (November 21, 1989) to five years
(November 21, 1991). Note the additional
one year grace period -- to November 21,
1992 -- provided by the stay.
2. (Conditions 17f, 17g, 25f, and 25g) Extend
the time for contributing to the bifurcated
ramp system, if a public sector financing
package has not been committed --from
December 31, 1991 to December 31, 1993.
3. (Condition 24-figure 7) Revise the times in
the figure.
At its meeting of October 3, 1990, the Planning
Advisory Board adopted Resolution PAB 70-90, by
a vote of 8-1, recommending approval of the above.
One PROPONENT was present at the hearing.
90- 911
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CHOPIN PLAZA _ L _
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Consideration of Amend
ing the Miami Center 1
GQ' Development Order
C Approx: 301-399 S. Bis
cayne Boulevaz
To extend the time of
commencement for the
One Dupont Plaza Pro-
ject by two years.
PAB 10/3/90
•
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104 r� .
tp
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00,
=^.•. ff s y '`. �% Q .„ rig / � iL cr- , • w;;�` P ., 'fit �..
�.• �'
, - •� ,, ':ram`- 6;. f. ' - ..
ing the Miami Center 1
Development Order
Approx: 301-399 S. BiE
cayne Boulevat
To extend the time of
commencement for the
One Dupont Plaza Pro-
ject by two years.
PAB 10/3/90
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COLL DAVIDSON CARTER SMITH SALTER & BARKETT
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
JANIE L. ANDERSON
JOHN M. BARKETT
FRANCIS L. CARTER
MATTHEW P. COGLIANESE
NORMAN A. COLL
BARRY R. DAVIDSON
YALE J. FISHMAN
J. WILEY HICKS
LAURA M. HICKS
MICHAEL J. HIGER October 2,
JOHN J. MCNALLY
DARRELL W. PAYNE
VANCE E. SALTER
RICHARD C. SMITH
COURTNEY B. WILSON
Hearing Boards Division
Building and Zoning Administration
City of Miami,
275 N.W. 2 Street, Room 226
Miami, Florida 33131
1990
Dept.
3200 MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131-2312
(305) 373. 5200
TELECOPIER (305) 374.7296
PHYLLIS SHAMPANIER
OF COUNSEL
Via Hand Delivery
Re: Approximately 300-399 Biscayne Blvd
Southerly 3.01 acre part of Tract D,
Block 1, DUPONT PLAZA (50-11) PRDC
Amendment to Development Order
Our File No. 5115.2962
Gentlemen:
Please be advised that Inter -Continental Florida Limited
Partnership, the owner of the Hotel unit of the Miami Center
Condominium located on a portion of of Tract D, as above, is
opposed to the above request.
The undersigned will attend the public hearing at 7:00 p.m.
on Wednesday, October 3, 1990 and would appreciate an opportunity
to speak in opposition to the proposed Amendment on behalf of our
above identified client.
Sincerely, ;�-
.';��-I-,.�„�--�.
yll" Shampanier(
PS : mnr
51152962.5
90- 911
5
PML
CITY OF MIAMI
PLANNING AND ZONING BOARDS
ADMINISTRATION DEPARTMENT
275 NW 2 STREET
MIAMI, FLORIDA 33128
APPLICATION TO MEND DEVELOPMENT ORDER
'90 SEP 10 P 5 :08
Section 2806 of Zoning Ordinance 9500, changes in approved Major Use
Special Permit, reads as Follows:
Changes in an approved final application for
major use special permit, or final application
approved with attached modifications, conditions,
or safeguards, may be permitted after application
to the director of the Department of Planning by
the original applicant or successors in interest.
Upon receipt of such an application for change,
the director of the Department of Planning shall
prepare a statement demonstrating whether or not
such changes would meet the same requirements as
for the original approval. The director shall
transmit such statement, together with recommen-
dations on the proposed changes, to the City
Commission. The Commission may take such action
as in appropriate in the matter; provided, if
the Commission has not acted after two (2)
regular meetings of the Commission have been held
following receipt of application for change, the
recommendations of the director of Planning shall
be deemed to have been approved.
Where requests for.changes are made that are
found not to be within the requirements for
original approval, application for such changes
shall be made as for an original application for
major land use special permit.
REQUIREMENTS:
I. Current survey of the property, sketches and/or plans
as required.
2. Affidavit as to current ownership of the property and
application, as well as Disclosure of Ownership form.
3. Certified list of owners of real estate within 375'
radius from the outside boundaries of the subject
parcel.
4. Fee of to apply toward cost of processing.
90- 911
(O
r
DATE September 10, 1990
The under signed, being the owner or the representative of the owner,
of the property located at Approximately 301-399 (S) Biscayne Boulevard
(vacant land) AND MORE PARTICULARLY DESCRIBED AS:
A portion of Tract 0, Block 1, Dupont Plaza, Plat Book 50 at Page 11, as more particularly described on
Exhibit A hereto. (legal aescri pti on
do(es) respectfully request the approval of the City of Miami for the
following amendment(s) to the Development Order for the above -described
property as defined by Florida Statute 380.06:
Delete the words "within one year" from the thirteenth line
of condition 29 of the Exhibit B attached to and made a
part of Resolution Number 86-828 and insert the .following
therefor: "within three years."
SIGNATURE
tLW Ethan P. Minsky, Esq. c/o Shea & Gould
ADDRESS 1428 Brickell Avenue, 6th Floor
CITY, STATE, ZIP Miami, Florida 33131
This application is approved denied
in accord with City Commission on Resolution No.
other
90-- 911
7
A F F T D A V I T
STATE CF FLMMA )
SS.
COUNTY OF DADE )
Before me, the undersigned authority, this day perms= ally
appeared ETHAN PALL 1INSKY Who being by rre first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
Listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the acccmpanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone mmters and
legal descriptions for the real property which he is the owner or legal
representative.
k. The facts 'as represented in the application and documents
submitted :n conjunction with this affidavit are true and correct.
•.Further Affiant sayeth not.
Sworn to and Subscribed before me
i
t'lis d.?y of=2ate^oe. 19 �u
.1 7 P�
Netruy Public:, State of Florida at Large
My Gcnrission Expires:
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: JULY 30, 1993.
eahDE- rH— NOTAHT puisuc ut40Zp WI,1T1rp,.
C�7, n a"?
is ( SEAL)
(Name)
90- 911
OWNER'S LIST
Miami Center point Venture
Owner's ;dame c/o Ethan P. Minskv, Shea b Gould
Nailina Ad tire ss 1.48 erickell =venue, 5th Floor, "iani. FL 33131
'eleonone Number
Legal Descriotion:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address .
Telepnone Number
Legal Description:
305-372-2000
See Exhibit "A"
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
Block Bounded by BE 3 St. b Bisc. Blvd. Way
and BE 2nd & 3rd Ave.
Street Address -
°lock °ounced by SE 3 St.. Sisc. 21vd. '.Lay
BE 3 Ave & Bisc. Blvd.
Street Address
Block Sounded by BE 2nd St, SE 3rd St, SE
2 Avenue d BE 3 Avenue
Leoal Descriotion
Block 2
Dupont Plaza (PB 50, P. 11)
Legal Descri Dti on
Block 3
Dupont Plaza (PS. 50, P. 11)
Legal Description
Block 4
Dupont Plaza (PB. 50, P. 11)
90-- 911
1. Legal description and street address of subject real property:
See attached Exhibit "A" - Legal Description of Subject Property. The subject
property is presently unimproved land and does not have a post office address. If
improved, the post office address would be approximately 301-399 (s) Biscayne Boulevard,
Miami, Florida 33131.
2. (a) Owner(s) of subject real property and percentage of ownership. &I&:
City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or petition to the
City Commission, Accordingly. question #2 requires disclosure of trusts, and/or any other
interested parties. together with their addresses and proportionate interest:
MIAMI CENTER JOINT VENTURE, a Florida joint venture, whose partners are as
follows:
(i) OLYMPIA & YORK FLORIDA EQUITY CORP., a Florida corporation whose
ownership interest is fifty percent (50%); and
percent (50%).
with a copy to:
(ii) THEODORE B. GOULD, an individual, whose ownership interest is fifty
(b) Miami Center Joint Venture's mailing address is:
c/o Olympia & York Florida Equity Corporation
Two First Canadian Place
Toronto, Canada M5X-1B5
ATTN: T.G. Hendry, Esq.. FBIM
Senior Vice President
Ethan P. Minsky, Esq.
Shea & Gould
1428 Brickell Avenue, 6th Floor
Miami, FL 33131
(c) The ownership of Olympia and York Florida Equity Corporation is as
disclosed on Exhibit B hereto.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 32, and (b) located within 375 feet of the subject real property:
MIAMI CENTER JOINT VENTURE owns Blocks 2. 3 and 4 of DuPont Plaza. Plat Book 50 at
Page 11.
I SHEA & GOULD
ATTORNEYS FOR OWNER
3I
By:
_j Ethan Paul Minsky
STATE OF FLORIDA )
SS.
COUNTY OF DADE )
ETHAN P. MINSKY, being duly sworn, deposes and says that he is the Attorney for
— the Owner of the real property described in answer to question fl. above; that he has read the
foregoing answers and that the same are true and complete; and that he has authority to execute
this Disclosure of Ownership form on behalf of the owner. n
ETHAN PAUL MINSKY i
SHEA & GOULD
1428 Brickell Avenue
Miami, Florida 33131
SWORN TO AND SUBSCRIBED
before me this loth day
of September, 1990.
No ry Public.
State of Florida at Large
My Commission Expires: NOTARY PUBIC STATE OF FLORIOA
NY CONNISSION E%P, NOW. 511910
JO-- 911
i
l
/D
DISCUOSURE OF CRRMM
1. Legal description and street address of suoject real property:
Ttie subject re=_1 preoerty is leaally described on Cxhitit "A" hereto, Tie subject _ezl proo2rty i= vacant
land but, if improved, it :jould have a post office-ddress cf ao:)rnxinately 301-399 (South) Biscayne
Boulevard, Miami, Florida 33131.
2. -Owner(s) of subject real property and percentage of ownership.
Note: Citv of Miami Ordinance No. 9419 requires disclosure of all parties
Saving a financial interest, either direct or indirect, in the sucject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
MIAMI CENTER JOINT VENTURE, a Florida joint venture. is the owner of the subject real property.
The partners of Miaru Center Joint venture, each of which owns a fifty percent (50%) interest therein,
are as follows:
(i) Theodore B. Gould
(ii) Olympia 3 York Flcrida Equity Corp., a Florida corporation
All parties having a financial interest, either direct or indirect, in Olympia & York Florida Equity
Corp. are as set forth on Exhibit "B" hereto.
3. LegaL description and street address of any real property. -(a)
owned by any party listed in answer to question #2, and (b) located within ,
375 feet of the subject real property.
(a) Block 2, Dupont Plaza (P.B. 50, P. 11) -- located bet -we -en SE 3rd St., Biscayne Boulevard Way, SE 2nd
Avenue b SE 3rd Avenue
(b) Block 3, Dupont Plaza (P.S. 50, P. 11) -- located between SE 3rd St., Biscayne Boulevard Way, SE 3rd
Avenue & Biscayne Boulevard
(c) Block 4, Dupont Plaza (P.B. SO, P. 11) -- located between SE 2nd St.,. SE 3rd*St., SE 2nd Avenue and
SE 3rd Avenue
STATE OF FLORIDA ) SS:
COVIM CF DADE )
crup�� pan r1T�;SKY
- , being duly sworn, deposes and
says that ne is the (Owner) (Attorney for Owner) of the real property
described in answer to question 41, above; that he has read the foregoing
answers and that the same are true and eceplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
fora on behalf of the owner.
SAAiV TO AM SUESCRMED
before me this 11 th
day of Seote-ber -r9 90..
(r7ame i
Qd'w6'1J .P���
vbb ary Puh ,: c. Scale or
Florida at La.«g6
90--- 911
MY IM FXPIFSs NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: JULY 30. 1093.
RONOED TMRU NOTART PYM1.1C 4"40[RWR1T9R8.
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Being that portion of Tract D, Block 1, "du Pont Plaza", accord-
ing to the plat thereof as recorded in Plat book 50 at Page 11
of the Public Records of Dade'County, Florida, mare particularly
described as follows:
C ..pence at the Northeast corner of said Tract "D" and run South
0 degrees 04 ninutes 07 seconds East, along the East line of said
Tract "D", for 300.00 feet to the point of Beginning of the parcel
hereinafter described; thence continue South 0 degrees 04 minutes
07 seconds East along the East line of said Tract "D" for 52.27
feet to a Point of Curvature; thence Southwesterly along a circular
curve to the right having a radius of 65.16 feet and a central
angle o: 71 degrees 02 minutes 59 seconds for an arc distance
of 80.80 feet to a Point of.Tangency; thence South 70 degrees
58 minutes 52 seconds West for 73.53 feet; thence South 70 degrees
58 minutes 36 seconds 'rest for 625.56 feet; (said last mentioned
five courses being coincident with the boundary lines of said
Tract "D") thence :cosh along the Easterly Right -of -Way line
of Biscayne Boulev-&=2 and its Southerly prolongation for 191.81
feet; Vence Eas: fc= 179.41 feet; thence North for 150.00 feet;
thence cast for 525-36 :eet to the Point of Beginning, lying
and being in the Ci-_yo o+ Miami, Dade County, Florida.
0
El
EXHIBIT B
DISCLOSURE OF OWNERSHIP (QUESTION 2)
Miami Center Joint Venture, a Florida joint venture, is the
fee simple owner of the property described in Exhibit A to this
disclosure of ownership form. Miami Center Joint Venture is
composed of two partners, who are as follows:
Theodore B. Gould, an individual residing in the
Commonwealth of Virginia whose mailing address is
P.O. Box 6279, Charlottesville, VA 22906, whose
ownership interest is fifty percent (50%) and
Olympia & York Florida Equity Corp., a Florida
corporation, whose ownership interest is 50%.
On information and belief, the following is a complete list
of all parties having a financial or ownership interest, either
direct or indirect, in Olympia & York Florida Equity Corporation:
Mr. William Shapiro; Mr. David Shapiro; 0 & Y Southeast
Corp.; Baden Real Estate Corp. of New York, a New York
corporation; Ms. Egosah Reichmann; Ms. Ada Reichmann; Ms. Renee
Reichmann; Mr. Albert Reichmann; Ms. Lee Reichmann; Mr. Paul
Reichmann; Mr. Ralph Reichmann; O & Y Developments, Ltd., a
private company chartered in Ontario, Canada and, finally, O & Y
Equity Corp. of New York, a New York corporation.
go- 911
/3
60
0
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Being that portion of Tract D. Block 1, "du Pont Plata", accord-
ing to the plat thereof as recorded in Plat Book 50 at Page 11
of the Public Records of Dade County, Florida, more particularly
described as follows:
Cozmence at the Northeast corner of said Tract "D" and run South
0 decrees 04 minutes 07 seconds East, along the East line .of said
Tract "D", for 300.00 feet to the Point of Beginning of the parcel
hereinafter described; thence continue South 0 degrees 04 minutes
07 seconds East along the East line of said Tract "D" for 52.27
feet to a Point of Curvature; thence Southwesterly along a circular
curve to the right having a radius of 65.16 feet and a central
angle of 71 degrees 02 minutes 59 seconds for an arc distance
of 80.80 feet to a Point of.Tangency; thence South 70 degrees
58 :ainu:e&_ 52 seconds hest for 73.53 feet; thence South 70 degrees
58 ninu:es 36 seconds *w6st for 625.56 feet; (said last mentioned
five co::=ses being coincident with the boundary lines of said
Tract "D") thence Koih along the Easterly Right -of -Way line
of Biscayne Bosley== and its Southerly prolongation for 191:81
feet; t.':emce East fc= 179.41 feet; thence North for 150.00 feet;
thence East for 523.36 feet to the Point of Beginning, lying
and being in the Cam-_ ► of Miami, Dade County, .Florida.
90- 911
0
61
EXHIBIT B
DISCLOSURE OF OWNERSHIP (QUESTION 2)
Miami Center Joint Venture, a Florida joint venture, is the
fee simple owner of the property described in Exhibit A to this
disclosure of ownership form. Miami Center Joint Venture is
composed of two partners, who are as follows:
Theodore B. Gould, an individual residing in the
Commonwealth of Virginia, whose ownership interest
is fifty percent (50%) and Olympia & York Florida
Equity Corp., a Florida corporation, whose
ownership interest is 50%.
On information and belief, the following is a complete list
of all parties having a financial or ownership interest, either
direct or indirect, in Olympia & York Florida Equity Corporation:
Mr. William Shapiro; Mr. David Shapiro; 0 & Y Southeast
Corp.; Baden Real Estate Corp. of New York, a New York
corporation; Ms. Egosah Reichmann; Ms. Ada Reichmann; Ms. Renee
Reichmann; Mr. Albert Reichmann; Ms. Lee Reichmann; Mr. Paul
Reichmann; Mr. Ralph Reichmann; O & Y Developments, Ltd., a
private company chartered in Ontario, Canada and, finally, 0 & Y
Equity Corp. of New York, a New York corporation.
90 - 911
EXHIBIT "S"
Attached to, and made
a part of Resolution
86-828; October 7, 1986
DEVELOPMENT ORDER
(AS AMENDED OCTOBER 7, 1986)
Let it be known that pursuant to Chapter 380.06 Florida Statutes the Commission
of the C i ty of Miami Florida has considered in public hearing held on May 24,
1979 the issuance of Development Order for Ball Point, a Devel.opment of Regional
Impact to be located in 'the City of Miami, and has considered in public hearing
held on October 7, 1986, the issuance of an amended Development Order for the
Miami Center I project (A/K/A Ball Point Project) a Development of Regional
Impact, located in the City of Miami. Pursuant to Chapter 380.06 Florida
Statutes and after due consideration of the consistency of this proposed
development with pertinent regulations, and the Report and Recommendations of
the South Florida Regional Planning Council dated February 4, 1986, the
Commission took the following action: Approval of this development, as amended,
with the following modifications concerning and limited to that portion of the
development located on the southern (3.01 acres) portion of Tract D, Block 1,
DUPONT PLAZA (50-11) hereinafter referred to as "One DuPont Plaza" (F/K/A
Biscayne Plaza) (Exhibit "F"):
Development
1. Condition 1, as it applies solely to the southern portion known as One
DuPont Plaza (F/K/A Biscayne Plaza), Exhibit A, Resolution 79-396; May 24,
1979 is hereby amended in the following respects:
"One DuPont Plaza
(F/K/A
Biscayne Plaza)
is
limited to a
project
containing not more
than
(See Figures 1,
2
and 3 attached
in the
appendix):
Phase 1
Component Units/Spaces
Office Tower
(722' NGVD + 65' Antenna)
Commercial
Residential
(in office tower)
Parking
Sub -Total
60 units
1,200 spaces
Area (Gross Square Feet)
700,000
160,000
120,000
9809N� -- 911
Note: All language in Exhibit "B" following Condition 1 is new language;
constituting a major amendment to the Development Order. While /
underlining has not been used; all language in Exhibit "B" should be
intervreted as if it were underlined. 1
ko
Phase 2
Office Tower
;884' ";G'd0 y 65' Antenna )
Commercial
Residential
(in office tower)
Sub -Total
90 units
Total (excluding parking)*
*Note: Parking is equivalent to 600,000 square feet
780,000
60,000
180,000
02� ,, 000
2,00_
The project is subject to schematic design drawings (Sheets 1-13) dated
January 21, 1986, as amended by drawings dated May 2, 1986 submitted by
Schleicher -Soper, Architects, wherein 6 floors of residential are shown on the
Phase I tower and 9 floors of residential are shown in the Phase 2 tower.
Office uses may be substituted for these residential uses, at the option of the
Applicant, without such action being considered a substantial deviation, subject
to the approval of the Miami City Commission.
Each Office Tower may include at the option of the Applicant a health club (1
floor); a restaurant (1 floor); an executive club (1 floor); a restaurant and
cabaret on the top of the podium (on the roof or llth floor), and a tower
observation center/skytop cafe, provided that these certain uses are included in
the computation of "Commercial" above.
The rink and roof garden on the podium level are considered open space.
The project has been recommended for approval, in principle, by the Urban
Development Review Board, on January 28, 1986, with the recommendation that at
the tine of issuance of Class C Permit, the project shall again be reviewed by
the Urban Development Review Board.
The project has been exempted from the requirements of the Metro Dade County
Shoreline Development Review Ordinance (Metro Dade County Ordinance 85-14) by
letter of January 17, 1986.
The Atlanta Office, Federal Aviation Administration has no objection, if the
height of the building plus antenna is 899' MSL per letter of February 7, 1986;
the Dade County Aviation Department has no objection if the height of the
building plus antenna is 949' MSL. Therefore, no permit will be issued for
Paae 2 of 19 90 911 17
MIS
buildings and antennae on the site whose neioht aould exceed 899' MSL unless the
Atlanta office of the Federal aviation Aaency states, 'n writing that they have
no objection to a height of 949' 11SL. `n which instance the height of buildings
and antennae on the site are limited to 949' 'ISL.
On dune _, 1986, the tliami _-oning Board granted a variance from the off-street
truck loading bay requirements of Section 2023, coning Ordinance 9500. The
Applicant will supply 3 of 10 required bays 12' x 35' x 15' in size and 4 of 8
required bays 12' x 55.' x 151 in size (of which three (3) are to be built in
Phase I and one is to be built in Phase 2.).
The Applicant proposes to lease 600 parking spaces should a parking structure be
built on an adjacent vacant block in the DuPont Plaza. A grant of special
exception for off-street parking per CBD-1 zoning district, of Zoning Ordinance
9500 from the Miami Zoning Board and a Class C Permit may be necessary, should
such a parking structure be proposed for construction.
Simulataneous with submitting any applications for building permits for One
DuPont Plaza, the Applicant shall furnish to the adjoining property owners of
Miami Center Existing and Southeast Financial Center the following: (a) notice
of its application for a building permit; (b) a copy of such application; (c) a
set of the structural plans for the proposed building; and (d) a copy of the
foundation engineering calculations and reports for such proposed building. The
Applicant will cooperate with such adjoining property owners in order to
:maintain the structural integrity and foundation support of their improvements."
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY AND SEVERALLY SHALL:
Environment
2. Remove all invasive exotic plants from the project site as the site is
cleared, and use only those plant species specified in Attachment 1 in
future project landscaping.
3. Have a professional archaeologist on -site during all earthwork, notify
State and County archaeologists of construction schedules, delay
construction up to three months in any area where potentially significant
historic or archaeological artifacts are uncoveree, and for a reasonable
time and in a manner calculated to minimize any interference with
construction, permit State and local historic preservation officials to
survey and excavate the site.
90-- 911
Page 3 of 19 1F
4. Prior to the issuance of a building permit for Phase 1, provide funds on
deposit or a performance bond in the amount of $500,000, and construct,
using ,ne Applicants' funds, and complete prior to the issuance of a
Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne plaza) Phase
1, the niverwa k ano provide furniture, lighting and landscaping pursuant
to City of Miami Riverwalk and 3aywa1k Guides and Standards (the
Guidelines) in effect at the time of adoption of this Development Order.
�
The Applicant will design the Riverwalk and adjacent private space to
pp 9
allow views and access from private establishments, while fostering
I
1
i
..
appropriate public use of the Riverwalk. Final landscape plans for the
I
Riverwalk are subject to the approval of the Planning Department, in
consultation with the Fire Department, prior to the issuance of a building
I
permit. The Applicant shall incorporate, in Phase 1 of One DuPont Plaza
(F/K/A Biscayne Plaza), a minimum of 20,000 gross square feet of sidewalk
cafes, restaurants and other retail uses in the area immediately adjacent
to the Riverwalk (area already included in area computations of Condition
1). At the onset of Phase II, the City will reinstitute the requirement
of a performance bond in the amount of $500,000 to guarantee that the
Riverwalk, if damaged by construction, will be repaired. (The Riverwalk
easement and perpetual maintenance agreement have been previously required
in Condition 3, Exhibit "A" of the original Development Order dated May
24, 1979 (attached).
5. Prior to the issuance of a building permit for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase 1, provide funds or a performance bond in the amount
of $500,000 and construct, using the Applicants funds, and complete prior
to the issuance of a Certificate of Occupancy for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase 1, a landmark focal point including, for example, a
water feature, significant artwork, landscaping, lighting and furniture
adjacent to the entrance to the project fronting S. Biscayne Boulevard
(extended) subject to the approval of the Planning Department in an amount
approximately but not less than $500,000, it being understood that said
i
landmarK focal point is of direct benefit to the project in ameliorating
r
—
the bulk of the project and providing pedestrian amenities. The Applicant
is to provide perpetual maintenance. (Dedication is required pursuant to
Condition 9, Exhibit "A" of the original Development Order dated May 24,
1979 (attached). S 0_ 911
W I
6. Contribute $1 million to the City toward the improvement of Bayfront Park
prior to the issuance of a building permit for One DuPont Plaza (F/K/A
i Biscayne Plaza) Phase 1; it being understood that said park improvement is
of direct benefit to the project in ameliorating the apparent bulk of the
_
project and to provide pedestrian and open space amenities for the
occupants of the project as well as the public (see Attachment 2).
i
1. Design, construct, and maintain the stormwater management system to meet
( the following standards:
During the construction of One DuPont Plaza (F/K/A Biscayne Plaza),
place rip -rap, temporary berms or other barriers to prevent discharge
of construction -related runoff to the Bay.
Construct permanent berms or barriers, at least one foot above grade,
along the eastern and southern perimeter of the site.
Retain the runoff from a 25-year storm on -site, and construct the
project drainage system in accordance with all representations in the
amended Application for Development Approval.
Route any and all parking area washdowr. water through oil and grease
interceptors to a sanitary sewerline or prohibit any and all washdown
of project parking garages.
Simultaneously with submitting any applications for drainage and water and
sewer approvals for One DuPont Plaza, the Applicant shall furnish to the
adjoining property owners of Miami Center Existing and Southeast Finacial
Center the following: (a) notice of such application; (b) a copy of the
GERM drainage permit application and drainage plans and calculations; and
(c) a copy of the water and sewer permit applications and engineering
plans. The Applicant will cooperate with such adjoining property owners
in order to maintain the integrity of the drainage, water and sewer
systems serving their properties.
8. Incorporate into the development, by restrictive covenant and lease or
sales agreements, hazardous materials accident prevention, mitigation, and
I �
response standards. At a minimum, these standards shall:
Require that areas within buildings where hazardous materials or
hazardous wastes are to be used, generated, or stored shall be
constructed with impervious floors, without drains, to ensure
containment and facilitate cleanup of any spill or leakage.
U 9��
C20
Require that `he loading/unloadina of any hazardous material or
hazaraous waste snail occur in a covered loading/unloading daCk with a
spill containment area not connected to the project drainaqe or sewer
system.
Prohibit any outside storage of hazardous materials or hazardous waste.
Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and to provide to the Dade County Department of Environmental
Resources Management (DERM) copies of one of the following forms of
documentation of proper hazardous waste management practices:
- a hazardous waste manifest;
- proof of shipment to a permitted hazardous waste management
facility; or
- a confirmation of receipt of materials from a recycle or a waste
exchange operation.
Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to Section 403.727, Florida
Statutes.
. Allow reasonable access to records and facilities for monitoring by the
City, the Dade County GERM, and the Florida Department of Environmental
Regulation to assure compliance with this Development Order, and all
applicable laws and regulations.
For the purposes of this Development Order a hazardous waste generator
shall be defined as the Applicant and any tenant of the Applicant that
falls under a SIC code listed in Attachment 3 attached hereto and
incorporated herein by reference, and that uses, stores, or generates
hazardous wastes. Hazardous wastes are defined as ignitable, corrosive,
toxic, --r reactive yastes, including those identified in Attacnment 4;
provided, however, that the uses in Attachment 3 and the wastes in
Attachment 4 shall be simultaneously amended upon the addition_or deletion
of any or all of the listed uses, materials, or wastes by amendment to the
"County and Regional Taste Assessment Guidelines" incorporated by
reference into Rule 17-31.03(21), Florida Administrative Code.
Safety and Securitv
9. Prior to issuance of a building permit for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase I, enter into an agreement with the City to
contribute a fair share for capital facilities required to provide
adequate fire service to the project if required by the City, or, in the '
alternative, oav a fair share contribution pursuant to an adopted City
impact `ee ordinance pertaining to fire service, if such impact `ee
ordinance 4�s adooteo by the City prior -�o obtaining certificate of
occuoancv for more than 980,000 gross souare feet of development or, in
the alternative, if such impact fee is adopted by the City within the next
5 years whichever is earlier (excluding development on Miami Center
existing).
10. Collaborate with the City of Miami Fire Department to ensure that
appropriate fire safety measures are incorporated into the project design
and construction, through the approval of construction documents.by the
Fire Marshal.
11. Collaborate with the City of Miami Police Department to incorporate
adequate security measures and systems into the design and operation of
the project. The Applicant will submit the preliminary drawings prepared
by Schleicher -Soper, Architects, dated January 21, 1986 as amended by
drawings dated May 2, 1986, to the Police Department within 180 days of
the effective date of this Development Order. The Police Department may
request more detailed construction documents and, at their option, may
prepare a safety and security report. The Applicant shall respond to the
Planning Department, in writing, how and to what extent the
recommendations of the Police Department have been incorporated into the
design construction and operation of the project, prior to the issuance of
any building permit.
12. Prior to the issuance of a building permit for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase 1, enter into *an agreement with the Police
Department to contribute a fair share of police capital facilities needed
to resolve City concerns, as determined by the City, or, in the
alternative, pay a fair share contribution pursuant to an adopted City
impact fee ordinance pertaining to police facilities, if such impact fee
ordinance is adopted by the City prior to obtaining certificates of
occupancy for more than 980,000 gross square feet of development
(excluding development on Miami Center existing) or, in the alternative,
if such impact fee is adopted by the City within the next 5 years,
whichever is earlier.
13. Provide interior and roof space on either or both of the towers as
necessary but not to exceed 150
square feet
of area plus
electrical
Page 7
of 19
90...
911
service to the antenna site at no charge to the City, during and as part
of the initial construction of One DuPont Plaza (F/K/A Biscayne Plaza), if
required by the City, for a communications antenna, supporting structure
and equipment for the City's emergency communication system. Said antenna
and appurtenances snali be at City of Miami expense. The Applicant snali
retain the right of architectural, structural and engineering approval and
said antenna shall not exceed the FAA approved height.
Energy Conservation
14. Incorporate the following energy conservation measures into the
development:
a. Maximum flexibility of air conditioning systems to cool only occupied
areas (on a floor -by -floor basis at minimum).
b. Air distribution using variable air volume systems, if feasible.
c. Minimum air conditioning energy efficiencies (EER) of 10.0 in buildings
less than or equal to 250,000 square feet, and 12.0 in buildings over
250,000 square feet.
d. Heat producing areas and equipment (cooking, water heating, etc.)
isolated from air conditioned areas.
e. Computerized elevator control system in all structures over 10 stories.
f. Natural gas or other non -electric energy sources for cooking and water
heating in restaurants, where feasible.
g. Solar water heaters or waste heat recovery units to preheat cooking and
washing hot water in restaurants, etc., where feasible.
h. Hot eater temperatures set at or below 1050F where allowed by health
codes and equipment requirements.
i. Lavatory water `low of 0.8 gallons per minute or less than water
closets that use no more than three and one-half gallons per flush.
j. Tinted glass to reduce the amount of direct sunlight entering air
conditioned areas.
k. Light -reflecting and/or light colored wall and roof surfaces, with
solar absorption coefficients less than or equal to 0.50.
1. Electrical metering on a floor -by -floor basis.
m. Computerized energy management system capable of start/stop
optimization, demand lighting, lighting control, and zonal control.
A statement showing the extent of design compliance with these criteria
from the engineer(s) responsible for the design of the mechanical,
Dace 8 R of ,g yp_ 91,op?3
plumbina and electrical systems shall be filed prior to the issuance of a
bui1dino permit for each phase of One DuPont Plaza (F/K/A Biscayne plaza).
i
Traffic Access and Circulation
15. Incorporate the -:ollowino into the project design and operation to
minimize the cumulative impact oi` project traff`c, and 't, dssuclated'
pollutant emissions, on air quality:
Designate three percent of on -site employee parking spaces, located as
close as possible to elevator and building entrances, for exclusive
carpool or vanpool use.
Actively encouraae and promote car and van pooling by establishing a
car pool information program.
Provide Metrorail, Metrobus, and Metromover route and schedule
information in convenient locations throughout the project.
16. In the event that the Applicant leases parking spaces in a parking garage
to be constructed in any of the three vacant blocks in DuPont Plaza, -and a
parking garage or other building is constructed on the opposite side of
Biscayne Boulevard from the project, then subject to a grant of special
exception by the Miami Zoning Board for the parking garage, the Applicant
shall fund, design and construct an upper level pedestrian connection
across S. Biscayne Boulevard, between the One DuPont Plaza (F/K/A Biscayne
Plaza) project and said parking garage or other building located on the
opposite side of Biscayne Boulevard, subject to the recommendation of the
City of Miami Department of Public Works and subject to the issuance of a
special permit by the Miami City Commission specifying physical clearances
and amounts of public liability insurance to be provided by the Applicant.
The Applicant is responsible for filing a covenant to this effect to be
recorded effective with the effective date of this Development Order.
[See also Condition 6, Exhibit "A" of the original Development Order, as
amended (attached)].
17a. Replat the southern 3.01 acres of Tract D, Block 1, DuPont Plaza (50-11)
prior to obtaining building permits for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase 1, subject to the normal requirements for Subdivision
improvements. The Applicant will dedicate all necessary easements and
rights -of -way which are located on the southern portion of Tract D, Block
1, DuPont Plaza (i.e., the One DuPont Plaza (F/K/A Biscayne Plaza)
Page 9 of 19 go- 911 JY
-rooerty, ,,nicn are fir One DuPont ?laza (=;'{iA Biscayne ?13za) ;no wnich
are reauired by the City, County, or State in order to construct required
transportation improvements ;jade necessary oy 'One DuPont ?laza =/K/A
Biscayne Plaza), including the secona-level :eaestrian system referred to
in Conaition 16 above, if constructed.
17.b. Yitnin ;SO oays of the sate 'Df issuance :.' the Development Order, the
Applicant is to present an traffic analysis demonstrating that the FOOT -
approved Downtown Distributor Bifurcated Ramp System (Figure 4) will
accommodate the projected traffic for Biscayne Plaza, both Phase 1 and 2,
said traffic analysis subject to the approval of FOOT in writing.
(Note: This requirement has been satisfied because of the letter from the
Florida Department of Transportation dated June 24, 1986.)
17c. Prior to obtaining any building permits for One DuPont Plaza (F/K/A
Biscayne Plaza), in the event that construction of the Downtown
Distributor Bifurcated Ramp System has not begun, fund or construct 100
percent of the interim roadway improvements identified as A(1), A(2), A(3)
and A(4) in Attachment 5 (or suitable replacements mutually agreed upon by
the City's Department of Public Works, Applicant, Dade County Department
of Public Works, FOOT, and SFRPC staff), to the City, pursuant to s.
380.06(15)(e)2, Florida Statutes.
17d. In the event that the current Florida Department of Transportation
approved design for the I-95 Downtown Distributor Bifurcated Ramp System
(Figure 4) is superseded by the proposed Downtown Development Authority
Alternative (Figure 5), fund a fair share of the incremental costs or
receive a credit for any incremental savings (See Condition 17g) (See
Attachment 7). If any other viable alternative to the I-95 Downtown
Distributor Bifurcated Ramp System is accepted, as deemed by the Miami
City Commission, the Applicant will fund a fair share of the costs, but
not less than $138,000. (See Condition 17g). If the Applicant's proposed
modifications (Figure 6) are approved, fund the following items:
Applicant
Item Cost Fair Share
A. FOOT =tan changes arisino - 100%
from following three Applicant
modifications (Figure 6)
Page 10 of 19 so- 911 c
B.
Plus the following_ additional
items:
1)
Conversion of Ramo S
80,000
S 80,000
Embankment
2)
Service Road $
55,000
S 55,000
3)
Geometric Modifications S
3,000
S 3,000
of SE 2nd Avenue/
Biscayne Boulevard Way
Intersection
3138,0II0—+
51J8',UUU_+
( but not
less than
the FOOT
bid award)
In this event,(i.e. Applicant's three proposed modifications in Figure 6
are constructed) funds shall be made available in a timely manner, prior
to the FOOT bid award for the selected Bifurcated Ramp System; prior to
issuance of any Certificate of Occupancy for One DuPont Plaza (F/K/A
Biscayne Plaza) Phase I, or by January 1, 1990, whichever is earliest
pursuant to s. 380.06(15)(e)2 Florida Statutes.
17e. Prior to obtaining either a Certificate of Occupancy of any kind for Phase
I or a building permit for Phase 2, fund a fair share of local surface
street improvements identified lei the current FOOT approved design for the
I-95 Downtown Distributor Bifurcated Ramp System (Figure 4) or a) in the
proposed ODA Alternative (Figure 5) or b) the Applicant's proposed
modifications (Figure 6) as and if approved by FOOT pursuant to s.
380.06(15)(e)2 Florida Statutes. The Applicant's fair share shall be
based pro-rata on traffic generated by the existing Miami Center I
project, Southeast Financial Center, traffic attributed to development in
the vacant 3 blocks of DuPont Plaza equivalent to that approved by the
City in the expired Miami Center II Development Order, and One DuPont
Plaza (F/K/A Biscayne Plaza) Phases 1 and 2 separately. No Certificate of
Occupancy will be issued for One DuPont Plaza (F/K/A Biscayne Plaza) Phase
2 unless these fair share funds have been used for surface street
improvements abutting the project and said improvements have been
completed.
i
17f. If a public sector financing package has not been committed prior to
Decemoer 31, 1991, then prior to obtaining any building permits for One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2, fund, bond, or provide a
letter of credit in the amount of $517,000 (1985 dollars) to the FOOT or,
I
in the alternative, loan said amount to FDOT, if acceptable to FDOT, as
9o- 911
Page 1, of .9
the Aoo;';.ant's pair snare contribution t;, the $9,763,000 3rickeil ;venue
Miami River Bridge replacement, pursuant to Section 380.06 (15)(e)2 F.S.
Applicant shall provide the City a letter of credit in said amount
($517,000 in 1985 collars) to be applied to the construction of the
above-aescribed irnorovement prior to issuance of any (temoorary, aartial
or permanent) certificate of occupancy for Phase 1, which letter of credit
shall be cancelled if said public sector financing package has been
committed for the improvement or five years from the issuance of said
letter of credit 4hichever is earlier, provided however that the letter of
credit snall be renewed for an additional five years if required by the
Miami City Commission.
17g. If a public sector financing package has not been committed prior to
December 31, 1991, then prior to obtaining any building permits for One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2, fund, bond, or provide a
letter of credit in the amount of $5,027,000 (1985 dollars) to FOOT or, in
the alternative, loan said amount to FOOT, if acceptable to FOOT, as the
Applicant's fair share contribution to the Downtown Distributor Bifurcated
Ramp System, whose total cost is estimated at $56 million (1985 dollars),
pursuant to Section 380.06(15)(e)2 F.S.
Applicant shall provide the city a letter of credit in said amount
($5,027,000 in 1985 dollars) to be applied to the construction of the
above -described improvement prior to issuance of any (temporary, partial
or permanent) certificate of occupancy for Phase I, which letter of credit
shall be cancelled if said public sector financing package has been.
committed for the improvement or five years from the issuance of said
letter of credit whichever is earlier, provided however that the letter of
credit snall be renewed for an additional five years if required by the
Miami City Commission.
Minoritv Participation
18. Within 6 months of the effective date of this Development Order, prepare a
Minority Construction Contractors/Subcontractors Participation Plan and
submit it for comment only to the City's Minority Procurement Officer, who
will compare it with the objectives of Ordinance 10062, the Minority
Procurement Ordinance.
19. Within 6 months from the effective date of this Development Order prepare
a Minority Participation and Employment Plan and submit it for comment
Page 12 of 19
90- 911
i
I
only to the City's Minority Procurement Officer, Nho will compare it Nith
the objectives of Ordinance 10062, the Minority Procurement Ordinance.
General
i
I 20. Integrate all original and supplemental ADA information into a
consolidatea Application for Development approval (CADA) and suomit two
copies of the CADA to the Council, one copy to the City, and one copy to
the Florida Department of Community Affairs within thirty (30) days of the
effective date of the Development Order. The CADA shall be prepared as
follows:
a. Where new, clarified, or revised information has been prepared
subsequent to submittal of the ADA but prior to issuance of the 00,
i whether in response to a formal statement of information needed or
I
otherwise, the original pages of the ADA will be replaced with revised
pages.
j b. Revised pages will have a "Page Number (R) - Date" notation, with "Page
Number" being the number of the original page, "(R)" indicating that
j the page was revised, and "Date" stating the date of the revision.
c. The letter dated June 18, 1986, executed by the proposed prime
contractor for One DuPont Plaza, Pavarini Construction Co. Inc.,
submitted to the City of Miami Planning Advisory Board at its June 18,
i
e
1986 meeting, shall be incorporated into the consolidated Application
for Development Approval (CADA).
21'. Within 30 days of the effective date of this Development Order, record the
Miami Center I Development Order with the Clerk, Dade County Circuit
Court, pursuant to Section 380.06(14)(d), Florida Statutes (1985)1
specifying that the Development Order Exhibit "A" runs with the entire
site and that Exhibit "B" runs with the southern portion of Tract 0,
OUPONT PLAZA (50-11) (AKA One DuPont Plaza (F/K/A Biscayne'Plaza) Phases 1
and 2) and is binding on Miami Center Joint Venture, its successors,
and/or assigns, jointly or severally.
22. Submit an annual report to the South Florida Regional Planning Council,
City, and Florida Department of Community Affairs on each anniversary of
the effective date of the Development Order, which report shall include,
at a minimum:
a. A complete response to each question in Attachment 6.
90- 911
c
b. Identification ono description of any changes in the plan of
development, 3r in the representations contained in the ADA, or in the
pnasina for the reoortina year ano for the next year.
i
c. A summary comparison of deveiooment activity proposed and actually
conducted for the year.
d. Identification of undeveloped tracts of land, other than individual
single family lots, that have been sold to a separate entity or
developer.
e. Identification and intended use of lands purchased, leased or optioned
by the developer adjacent to the project site since the Development
Order was issued.
f. An assessment of the Applicant's and the local government's compliance
with the conditions of approval contained in the DRI Development Order
and the commitments which are contained in the Application for
j Development Approval.
g. Specification of any amended DRI Application for Development Approval
or requests for a substantial deviation determination that were filed
in the reporting year and to be filed during the next year.
h. An indication of a change, if any, in local government jurisdiction for
any portion of the development since issuance of the Development Order.
i. A list of significant local, state and federal permits which have been
obtained or which are pending by agency, type of permit, permit number,
and purpose of each.
j. A statement that all persons have been sent copies of the annual report
in conformance with subsections 380.0604) and (16), Florida Statutes.
k. A copy of any recorded notice of the adoption of the Development Order
or any subsequent modification that was recorded by the Applicant
pursuant to Subsection 380.06(14)(d), Florida Statutes.
1. Copies of one of the following documentations of appropriate disposal
of all hazardous waste:
a hazardous waste manifest,
bill of 'adina `rpm a bonded hazardous vaste transporter
indicating shipment to a licensed hazardous waste facility, or
a confirmation of receipt of material from a recycler, a waste
exchange operation, or other permitted hazardous waste management
facility. 90-- 911
CITY ISSUES
DEVLOPMENT CITY ISSUES
AMME DMEENTT OWN GUMMING PERMIT FOR PHASE /
EFFECTIVE DATE START OF CONSTRUCTIOr(IPH 11
1986 I1s� 7 1s8e
O N D 1 J I F I Y I A I Y I J 1 J♦ S O N O J F Y♦ M J J ♦ S O IS0
TIME LINE (IN MONTHS)
CONDITIONS
CONDITION 22.
CONDITIONSU.ITa, 23 1 23.24 CONDITIONS 22.23.24
less---
CONDITIONS 2,3
CONDITION 16 CONDITIONS 1,4,5.6.T,9.10 CONDITIONS 4,5.7 259625C.254.234,2ST,23B.
12.13.14.15. ITa, ITC.254. 111
25a.za
CONDITIONS 20 21
I
CITY ISSUES cEpmnCATE CITY ISSUES
EpmlT
OF OCCUPANCY (PH 1) Bf♦LDING PIPN21
COMPLETION OF
CONSTRUCTION (PN 1 1
START OF CONSTRUCTO1
(PH 21
1969 1 1 1990
IMIA IMIJIJIAISIOINIOIJ IF IMIAIMIJIJIAISIGI
CONDITION zs
CONDITIONS M ZL24 CONOOION 23 C.ONOITIONS 22.23.24
CONDITIONS 2.3
CONDITIONS 1,4. CONDITION T
7.10. 01.13.14.13. 17a,
17f,pp,1e.19.25•,
231. 259.23h, 2e
CONDITIONS ITA.v.,a C.OTNtT10N S
FIGURE 7 MIAMI CENTER Il ONE DUPONT PLAZA TIMELINE
CITY ISSUES
CERTIFICATE OF OCCUPANCY (PH 21
COMPLETION
OF CONSTRUCTION (PH 21
PUBLIC SECTOR
FINANCING PACKAGE
I991
A Y J J♦ 5 0 N 0 J F
CONOITIONS 26.2T
CONDITIONS 22.23.24
"rl, --ANT
DEVELOPMENT ORDER EXPIRES
DECEIIBEN 31. p9t OR SOONER
OR AT THE LATEST BY JAWORY 1.2000
NOFE: THE TEXT OF THE WWADPMENT ORDER GOVERNS
DEVIATIONS FNDM THIS TIMELINE ARE ROT
CONSIDERED TO BE SUBSTANTIAL DEWAT'XINS
CITY OF MIAMI iLANNlkG DEPARTMENT
m. For any condition that :annot reasonaoly be monitored as part of the
local permitting and inspection processes, a notarized affidavit
assuring compliance with such Development irder --onditions shall be
included.
n. Any other information required by the Department of Community Affair
(OCA) in accordance with Section 380.06(14 and (16), Florida Statutes
(1985).
THE CITY SHALL
23. Hereby designate the Planning Director to monitor compliance with all
conditions of this Development Order. Specific monitoring procedures
include:
Review and evaluation of the annual report to be submitted by the
Applicant by Condition 22 herein; and
Review of Development Order conditions prior to a recommendation that a
i
building permit or Certificate of Occupancy be issued by the City
pursuant to Condition 28 herein.
a
24. Hereby incorporate the One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 and
2 timeline (Figure 7), which timeline will be used by the Planning
Director in monitoring specific conditions of the Development Order as
1
t
they relate to city permitting for specific components or phases;
provided, however, that deviations from the timeline shall not be
construed to be substantial deviations from the terms of this Development
Order.
25a. Withhold building permits or Certificates of Occupancy, as the case may
be, until the requirements of Conditions 4, 5, 6 and 17a have been met.
25b. Withhold any building permits until the traffic analysis in Condition 17b
is approved by FOOT, in writing. The absence of FOOT approval will
trigger a question of substantial deviation from the terms of this
Development Order.
(Note: This requirement has been satisfied because of the letter from the
Florida Department of Transportation dated June 24, 1986.)
25c. ?ursuant to Section 3210.06(15)(e)2, Florida Statutes. 4ithhold issuance of
Certificates of Occupancy for One DuPont Plaza (F/K/A Biscayne Plaza)
until all interim road improvements identified in Attachment 5 are
constructed as required by Condition 17c.
90- 911
f
25d. 'Withhold any Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase 1, if funds have not been supplied for Applicant's fair share
of the modifications pursuant to Condition 17d if a) the proposed Downtown
Development Authority Alternative (Figure 5) with or without b) the
Applicant's proposed modifications (Figure 6), are accepted.
25e. Withhold any Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase 1 and building permits for Phase 2 if Applicant's fair share
funds for local street improvements, required by Condition 17e have not
been deposited; no Certificate of Occupancy will be issued for One DuPont
Plaza (F/K/A Biscayne Plaza) Phase 2, unless the above -deposited funds
have been applied to construction of the local street improvements
abutting the project and said improvements have been completed. The City
shall apply the Applicant's fair share funds to streets abutting the
project but the City does not guarantee the completion of these
improvements.
25f. If a public sector financing package has not been committed prior to
December 31, 1991, withhold issuance of any building permits for One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds,
bonds, or provides a letter of credit in the amount of $517,000 to FOOT
or, in the alternative, loans said amount to FOOT, if acceptable to FDOT,
pursuant to Condition 17f. The City shall withhold issuance of any
(temporary, partial or permanent) certificate of occupancy for Phase I,
until the Applicant provides the City a letter of credit in the amount of
($517,000 in 1985 dollars) to be applied to the construction of the above
described improvements, which letter of credit shall be cancelled if said
public sector financing package has been committed for the improvement or
five years from the issuance of said letter of credit whichever is
earlier, provided however that the letter of credit shall be renewed for
an additional five years if required by the Miami City commission. The
City does not guarantee the completion of this improvement.
25g. :f a public sector financing package has not been committed by
December 31, 1991, withhold issuance of any building permits for the One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds
bonds, or provides a letter of credit in the amount of $5,027,000 to FOOT
or, in the alternative, loans said amount to FOOT, if acceptable FOOT,
90- 91,
pursuant .o Condition 17g. The City shall withhold issuance of any
(temporary, partial or permanent) certificate of occupancy for Phase 1,
until the Applicant provides the City a letter of credit in the amount of
($5,027,C0O in 1985 dollars) to be applied to the construction of the
above -described improvements, which letter of credit shall be cancelled if
said public sector financing package has been committed for the
improvement or five years from the issuance of said letter of credit
whichever is earlier, provided however that the letter of credit shall be
renewed for an additional five years if required by the Miami City
commission. The City does not guarantee the completion of " this
improvement.
25h. Withhold issuance of any building permits for the One DuPont Plaza (F/K/A
Biscayne Plaza) Phase 2 portion of the project until a) construction has
commenced on (i.e., upon execution of a contract for construction of) the
Downtown Distributor Bifurcated Ramp System and b) the FDOT scheduled
completion date for the Ramp System occurs prior to the scheduled
completion date of Phase 2, provided further that, in the event that if
full funding is neither in place nor if construction has not commenced on
the Downtown Distributor Bifurcated Ramp System at the time the Applicant
applies for a building permit for his Phase 2, then the Applicant may
apply to the Miami City Commission to authorize a Phase 2 building permit
by amending this Development Order.
26. Hereby, stipulate that this project shall be subject to an impact fee
ordinance applicable to the Omni/Downtown/Brickell area, if such ordinance
is adopted by the City within 5 years of the effective date of this
Development Order, to be paid at the time of issuance of any building
permit, provided, however, that funds, (but not loans) required by
conditions of this Development Order shall be off -setting credits against
separate categories of the impact fees, further provided that no refund
will be made if the funds, (but not loans) required by conditions of this
Development Order, cumulatively exceed the amount that would otherwise be
paid unaer the separate categories in the impact fee ordinance-9 0 - 9 11
27. Hereby stipulate that for a 5-year period commencing with the effective
date of this Development Order, no application for rezoning the southernly
3.01 acres of Tract D, Block 1, DuPont Plaza (50-11) will be accepted
administratively which a) further restricts the uses allowed; b) reduces
the amount of development (square foot area) or intensity (Floor Area
(number �� dwelling units
Ratio) or c) reduces the density or parking
spaces) provided in this Development Jrder; 'urtner provided, however,
that upon a findina that substantial :nanaes nave occurrea in the
_ conditions underlying the Development Order; cr that the Development Order
is oasea on substantially inaccurate informat4:n provided by the Applicant
in the amended application for Development Approval, or that a change is
clearly established to be essential to the public health, safety or
welfare, the City may downzone the property, further provided that the
City may otherwise adopt zoning regulations which do not restrict uses, or
reduce density or intensity and other ordinances essential to the public
health, safety and welfare which may affect this property.
28. Hereby stipulate that the following actions considered by the South
Florida Regional Planning Council in their Report and Recommendations
dated February 4, 1986, may be undertaken at the Applicant's option and
_ written notice to the Planning Director with an exception, and will not be
considered to be substantial deviations from the terms of this Development
Order:
Substitution of up to 300,000 square feet of office or use for an
equivalent amount of residential use upon the approval of the Miami
City Commission, or
Relocation or transfer of restaurants, health clubs cabarets and other
retail uses and floor areas described in the ADA among the podium or
towers of Phases 1 and 2 provided all such commercial space
cumulatively does not exceed 220,000 square feet, or
Addition to, or deletion of, up to five (5) percent of the gross floor
area of either Phases 1 or 2, provided that the cumulative totals of
additions and deletions conforms to the parameters in Condition 1.
Deletion of up to ten (10) percent of the gross flbor area of each
Component of either phases 1 or 2, in Condition 1 for Phase 1 or 2; if
the total project is reduced by ten (10) percent such reduction shall
be proportionate among said Components.
Substitution o17 the a) CIDA modification (c*ioure 5) or b) the Applicants
modifications (Figure 6) to the FOOT approved Downtown Distribution
Bifurcated Ramp System (Figure 4), as and if approved by FOOT, subject
to applicable provisions of Conditions 17d and 17g.
�- g
Delays or advances in the timeline specified in Condition 24.
3�
29. Stay the effectiveness of this Development Order - Exhibit "S" - if One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 is not under construction
within tnree (3) years from the effective date of this Development Order.
"Construction" is defined as the issuance of a foundation building permit
and completion of construction allowed by the foundation permit;
"effective date" is defined as forty-five (45) days after issuance of this
Development Order by the Miami City Commission. In such an event no
development permits thereunder shall be granted, until such time as an
Amended ADA, providing updated information, is submitted to the Council,
City, and State and an Amended Development Order issued. Should the
Development Order be stamped pursuant to this Condition and an amended
Application for Development Approval as herein provided is not submitted
within one year after such stay is imposed, this Development Order -
Exhibit "B" - shall expire and shall thereafter have no further force or
effect. Exhibit "A" of this Development Order continues to run with the
land.