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Exhibit C Development Agreement
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE MOST REVERED THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI REGARDING DEVELOPMENT OF THE PROPERTY LOCATED AT 3601, 3667, AND 3675 S MIAMI AVENUE This is a Development Agreement ("Agreement") made this day of , 2022, between The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami ("Wenski" or the "Owner"), and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"), collectively referred to as the "Parties" to this Agreement. RECITALS WHEREAS, Wenski is the fee simple owner of the property in Miami -Dade County, Florida, legally described in Exhibit "A", having street addresses of 3601 S Miami Avenue and 3667 S Miami Avenue, Miami, Florida (the "Main Campus Property"), and the property in Miami - Dade County, Florida legally described in Exhibit "B", having a street address of 3675 S Miami Avenue, Miami, Florida (the "Auxiliary Property"), (collectively, the "Property"); and WHEREAS, Wenski filed a Complaint on April 9, 2013 (amended on July 6, 2016) styled The Most Revered Thomas G. Wenski, as Archbishop of Archdioceses of Miami v. The City of Miami, FL, Miami -Dade County Circuit Court No. 2013-12523 CA 06 (the "Lawsuit") alleging violations by the City of the Bert J. Harris, Jr. Private Property Rights Protection Act as pertains to the Property; and WHEREAS, the City filed its Motion to Dismiss Amended Complaint on July 25, 2016, which Motion to Dismiss remains pending; and WHEREAS, Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Viscaya Museum and Gardens, a National Historic Landmark; and WHEREAS, the Parties have engaged in good faith settlement negotiations in an effort to resolve the Lawsuit; and WHEREAS, Section 70.001(4)(c), Florida Statutes, contemplates and enumerates various settlement mechanisms to resolve claims under the Bert J. Harris, Jr. Private Property Rights Protection Act and further provides that if a settlement offer is accepted, before or after filing an action, the governmental entity may implement the settlement offer by appropriate Development Agreement; and MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 1 WHEREAS, it is found that the relief granted herein protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property; and WHEREAS, the Parties have agreed to enter into this Agreement as part of the Settlement Agreement to resolve all claims asserted among them in the Lawsuit; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby understood and agreed: Section 1. Recitals. The above recitals are true and correct and are incorporated into and made a part of this Agreement. Section 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to all Parties and thus adequate consideration for this Agreement. Section 3. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof', "hereto", and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties agree that this Agreement shall not be more strictly construed against any individual party as all Parties are drafters of this Agreement; and (f) The attached exhibits shall be deemed adopted and incorporated into the Agreement. In the event of a conflict between the attachments and this Agreement, this Agreement shall control. Section 4. Definitions. Capitalized terms that are not specifically defined herein shall have the meaning given in the Zoning Ordinance. "Agreement" means this Development Agreement between the City and the Owner. "Auxiliary Property" means that real property having a street address of 3675 S Miami Avenue, Miami, Florida, as legally described in Exhibit "B". MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 2 "City" means the City of Miami, a municipal corporation of the State of Florida, and all departments, agencies, and instrumentalities subject to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive plan known as the Miami Comprehensive Neighborhood Plan ("MCNP") adopted by the City pursuant to Chapter 163, Florida Statutes, meeting the requirements of Sections 163.3177, 163.3178, and 163.3221(2), Florida Statutes, which is in effect as of the Effective Date of the Agreement. "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, the dividing of land into three (3) or more parcels, and such other activities described in Section 163.3221(4), Florida Statutes. "Effective Date" means the date of recordation of the fully -executed, original version of this Agreement. "Existing Zoning" means the applicable zoning designation and land development regulations of the Zoning Ordinance; the Charter of the City of Miami, Florida, as amended; and the Code of the City of Miami, Florida, as amended in effect as of the time of the Effective Date. "Land" means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. "Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a federal, local or State government affecting the Development of Land. "Lawsuit" means the complaint filed by Wenski on April 9, 2013 (as amended on July 6, 2016) styled The Most Revered Thomas G. Wenski, as Archbishop of Archdioceses ofMiami v. The City of Miami, FL, Miami -Dade County Circuit Court No. 2013-12523 CA 06, alleging violations by the City of Miami of the Bert J. Harris, Jr. Private Property Rights Protection Act as pertains to the Property. "Main Campus Property" means that real property having street addresses of 3601 S Miami Avenue and 3667 S Miami Avenue, Miami, Florida, as legally described in Exhibit "A". "Miami 21" means the City of Miami's zoning code as adopted by Ordinance 13114, also known as the "Zoning Ordinance". MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 3 "Owner" means The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami and includes any successor in interest and assigns, also known as "Wenski". "Parties" means the Owner and the City. "Property" means that real property having street addresses of 3601 S Miami Avenue, 3667 S Miami Avenue, and 3675 S Miami Avenue, Miami, Florida, as legally described in Exhibit "A" and Exhibit "B". "Public Facilities" mean major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational facilities, streets, parking, and health systems and facilities. "Wenski" means The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami and includes any successor in interest and assigns, also known as "Owner". "Zoning Ordinance" means the City of Miami's zoning code as adopted by Ordinance 13114, also known as "Miami 21". Section 5. Purpose. The purpose of this Agreement is for the City to authorize the Owner to redevelop the Property pursuant to the provisions contained herein for purposes of resolving all claims asserted or which could have been asserted between the Parties in the Lawsuit. This Agreement will establish, as of the Effective Date, the land development regulations that will govern the Development of the Property, thereby providing the Parties with additional certainty during the Development process. Section 6. Intent. The Owner and the City intend for this Agreement to be construed and implemented so as to effectuate this Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government Development Agreement Act, Sections 163.3220 - 163.3243, Florida Statutes. Section 7. Applicability. This Agreement only applies to the Property as identified and legally described in Exhibit "A" and Exhibit "B," attached and incorporated. Section 8. Term of Agreement, Effective Date, and Binding Effect; Covenant Running with the Land. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the public records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida Statutes. 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 Owner, its successors, assigns, heirs, grantees, legal representatives, and personal representatives. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium ownership interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM release or amendment for properties in a condominium form of ownership after City approval as discussed herein. Section 9. Zoning and Permitted Development Uses and Density. The Property has a zoning designation of "CIF (Civic Institution) pursuant to the official Zoning Atlas of the City. The Property may be developed with those Uses and Density permitted within the Cl zoning designation pursuant to Table 3, Article 4 of Miami 21 under the Existing Zoning. Section 10. Permitted Development Intensities. Section 5.7.2 of Miami 21 states that within the Cl zoning designation, the "expansion of any existing Civic Institutional Use by less than twenty percent (20%) may be permitted By Right," while other development in the Cl zone is permitted only by Exception. Notwithstanding these provisions, the existing Civic Institutional Uses located on the Main Campus Property may be expanded by up to, and not to exceed, a total of 144,000 square feet beyond the existing floor area on site By Right. This expansion shall not be located within the View Shed Zone identified in Section 3.5.5 of Miami 21. A conceptual site plan demonstrating possible Development and building massing on the Main Campus Property within the 144,000 square -foot limitation is attached as Exhibit "C". This site plan is for demonstrative purposes only, to illustrate theoretical Development on the Main Campus Property. The Owner is in no way obligated to develop the Main Campus Property in accordance with Exhibit "C". The Auxiliary Property shall not be subject to the 144,000 square -foot limitation applicable to the Main Campus Property. Notwithstanding any provisions of the Existing Zoning to the contrary, the Auxiliary Property may be developed as described within this Agreement. The Auxiliary Property may be developed with an 8-story building at a maximum Height of eighty-seven feet (87'), as measured from the Base Flood Elevation plus Freeboard pursuant to Section 3.5.1 of Miami 21. The Auxiliary Property may be developed with an Assisted Living Facility ("ALF") Use, a type of Community Support Facility as defined in Miami 21, only if the Auxiliary Property is developed in substantial compliance with the plans attached and incorporated as Exhibit "D", which contemplate an ALF and ancillary Uses within an 8-story building at a Height of eighty-seven feet (87') with a total of approximately 189,575 square feet of floor area. Minor Modifications to the plans may be approved by the City's Planning Director consistent with Section 7.1.3.5.c. of Miami 21. Any ALF on the Auxiliary Property must also comply with Florida Statutes Section 429.01, et seq. and must be licensed by the Agency for Health Care Administration "AHCA", or its successor. Notwithstanding any provisions to the contrary in Miami 21, any ALF on the Auxiliary Property may be developed by Right and without regard to any minimum distance requirements applicable to ALFs under Miami 21. If the Owner does not develop the Auxiliary Property in substantial compliance with the plans as described in the Section, the Property may only be developed pursuant to Existing Zoning Provisions including but not limited to any requirement for an Exception, except for Height and stories which may be as described in the Section. Section 11. Building Height. Development on the Main Campus Property will comply with all Existing Zoning Height restrictions for the Cl zoning designation, including but not limited to the provisions of Section 5.7.2.4(b) and Section 3.5.5 of Miami 21 under the Existing Zoning. Notwithstanding any provisions to the contrary in Existing Zoning, Development on the Auxiliary Property is permitted to have a maximum Height of eighty-seven (87) feet and a maximum "story" MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 5 height of eight (8) stories, as measured from the Base Flood Elevation plus Freeboard pursuant to Section 3.5.1 of Miami 21. This maximum Height for Development on the Auxiliary Property complies with the provisions of Section 3.5.5 of Miami 21. A diagram of the maximum Height permitted on the Property per Sections 3.5.5(a) and (b) of Miami 21 is contained on the site plan included in Exhibit "C". Section 12. Compliance with Existing Zoning. All Development must comply with the Existing Zoning, except for those explicitly modified in this Agreement. Section 13. Consistency with Comprehensive Plan. The City finds that Development of the Property in conformity with the Existing Zoning and is consistent with the Comprehensive Plan. In the event that the Existing Zoning or the Comprehensive Plan requires Owner to provide additional Public Facilities to accommodate the Development, Owner will provide such Public Facilities, at Owner's sole cost and expense. Section 14. Future Development. Development on the Property is intended to be developed in accordance with the Comprehensive Plan, the Existing Zoning, and this Agreement where Development regulations differ from the underlying zoning regulations of the Existing Zoning. The criteria to be used in determining whether future Development shall be approved are the proposed Development's consistency with the Comprehensive Plan, the Existing Zoning, and this Agreement. The Comprehensive Plan, the Existing Zoning, and this Agreement shall govern Development of the Property for the duration of this Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Property only if the determination(s) required by Section 163.3233(2), Florida Statutes, have been made at a public hearing. Section 15. Local Development Permits. Development on the Property may require additional permits or approvals from the City, County, State, or Federal government and any division thereof. Subject to required legal processes and approvals, the City shall make a good faith effort to take all reasonable steps to cooperate with and aid in facilitating all such City approvals. 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, and SAP Permits; (b) Subdivision plat or waiver of plat approvals; (c) Covenant in Lieu of Unity of Title or Unity of Title acceptance or the release of existing unities or covenants; (d) Building permits; (e) Certificates of use or occupancy; (f) Stormwater Permits; and (g) Any other official action of the City having the effect of permitting development of the Property. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 6 The Owner may make minor modifications to the site plan for the Auxiliary Property attached as Exhibit "D" in order to satisfy comments or conditions provided by the City in the process of obtaining any of the above -referenced approvals. Section 16. Utilities and Easements. The Owner understands and agrees that the utilities presently serving the Property may be insufficient for future Development on the Property. The Owner agrees that it will, at its sole cost and expense, make any and all changes, improvements, alterations, or enhancements to these facilities as necessary or appropriate to provide the required level of service to the Property in order to comply with applicable laws without materially diminishing the service to other properties within the City. The Owner also understands and agrees that no Development will encroach upon any existing easements, including platted easements, unless otherwise permitted by law. Section 17. Compliance With Florida Building Code, Florida Fire Prevention Code, and all Applicable Laws. The Owner shall at all times in the Development of the Property comply with all applicable laws, ordinances, and regulations including but not limited to the Florida Building Code and Florida Fire Prevention Code to ensure the safety of the Development and all City residents and guests. Specifically, and without limitation, the Owner will install and construct all fire safety equipment and water lines required pursuant to all applicable laws. Section 18. Annual Review. (a) Owner shall provide the City on an annual basis a status and annual report of the Development of the Property in order for the City to conduct an annual review of the Development. The annual report shall contain a section by section description of Owner's compliance with its obligations under this Agreement. This annual report requirement shall commence twelve (12) months after the Effective Date of this Agreement. (b) During its annual review, the City may ask for additional information not provided by Owner. Any additional information required of Owner during an annual review shall be limited to that necessary to determine the extent to which Owner is proceeding in good faith to comply with the terms of this Agreement. (c) If the City finds on the basis of competent substantial evidence that Owner has not proceeded in good faith to comply with the terms of the Agreement, the City may terminate or amend this Agreement after providing thirty (30) days written notice to Owner and after two (2) public hearings before the City Commission. Section 19. Notice. All notices, demands, and requests which 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 a Saturday, Sunday, or United States legal holiday shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday, or legal holiday. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 7 To the City: City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Ave., loth Floor Miami, FL 33130 With a copy to: City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 and Planning Director City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 3rd Floor Miami, FL 33130 To the Owner: David Prada AIA, LEED AP Senior Director Building and Properties Office 9401 Biscayne Boulevard Miami Shores, FL 33138 With a copy to: Javier F. Avifi6, Esq. Bilzin Sumberg Baena Price and Axelrod, LLP 1450 Brickell Avenue, 23rd Floor Miami, FL 33131 Any party to this Agreement may change its notification address(es) by providing written notification to the remaining Parties pursuant to the terms and conditions of this Section. Section 20. Multiple Ownership. The Owner shall have the right to develop the Property in phases, to sell or lease portions of the Property to any third party, to condominiumize Developments on the Property (or portions thereof), and/or to enter into joint ventures for Development of the Property with third parties. In the event of multiple ownership subsequent to the approval of the Agreement, each of the subsequent owners, mortgagees, and other successors having interest in the Property (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Agreement as covenants that run with the Property. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM N. Section 21. Modification. The provisions of this Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time only by recorded instrument executed by the Owner and the City after two (2) public hearings before the City Commission in accordance with Florida Statutes, Section 163.3225. Notice shall be provided to all properties within five hundred (500) feet of the Property and any parties registered with the Coconut Grove Neighborhood Enhancement Team (or any successor) by the Owner by certified mail, return receipt requested at the Owner's sole cost. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such instrument described herein for properties in a condominium form of ownership after approval by the City and public hearings before the City Commission. In addition, pursuant to Section 163.3241, Florida Statutes (2017), if State or Federal laws are enacted after the execution of this Agreement which are applicable to and preclude the Parties' compliance with its terms, this Agreement shall be modified or revoked as provided for in this Section as is necessary to comply with the relevant State or Federal laws. Any modification shall be in writing and signed by the Parties. Section 22. Enforcement. The City and the Owner shall have the right to enforce any of the provisions of this Agreement. Enforcement shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, to restrain violation, to recover damages, or all of the above. Each party to any such action shall bear its own attorneys' fees and costs. This enforcement provision shall be in addition to any other remedies available at law, in equity, or both. Additionally, the City may enforce this Agreement by any means allowed by law, including but not limited to injunction or via Chapter 2, Article X of the City Code. Section 23. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. Section 24. Authorization to Withhold Permits and Inspections. In the event the Owner is obligated to make payments or improvements under the terms of this Agreement or to take or refrain from taking any other action under this Agreement and such obligations are not performed prior to the expiration of any applicable notice and/or cure period, in addition to any other remedies available, the City is hereby authorized to withhold any further permits for the Property and refuse any inspections or grant any approvals with regard to any portion of the Property until such time this Agreement is complied with. This remedy shall be in addition to any other remedy provided for in this Agreement. Section 25. Indemnity. Owner agrees to indemnify, defend, and hold harmless the City from and against any and all claims, suits, appeals, demand, liabilities, and causes of action of any nature by or on behalf of any person, firm or corporation, against the City relating to or arising from this Agreement or relating to or arising from any Development on the Property pursuant to this Agreement and from and against all costs, fees, expenses, liabilities, any orders, judgments, or MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM Z decrees which may be entered and from and against all costs for attorneys' fees, expenses, and liabilities incurred in the defense of such claim or in the investigation thereof. In the event that any action or proceeding is brought against the City by reason of a claim, Owner, upon notice from the City, shall, at its expense, defend the action or proceeding by counsel chosen by the City, including the City Attorney's office or outside counsel. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. Section 26. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by all 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 of 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 Owner shall each have the right to specific performance of this Agreement in court. If an action is brought in a court of competent jurisdiction, each Party shall bear its own attorneys' fees. Each Party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial. Section 27. Severability. Invalidation of any of the sections in this Agreement by judgment of court 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. Section 28. Events of Default. (a) The Owner shall be in default under this Agreement if the Owner fails to perform or is in breach of any term, covenant, or condition of this Agreement which is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach. If such breach cannot reasonably be cured within thirty (30) days, then the Owner shall not be in default if it commences to cure such breach within said thirty (30) day period, diligently prosecutes such cure to completion, and notifies the City in writing of its attempt to comply. If such breach cannot be cured within an additional ninety (90) day period, the Owner shall request written consent from the City to extend the cure period beyond the additional ninety (90) days. The City shall provide a written response to said request within ten (10) days of receipt. If the City fails to provide a written response within ten (10) days, the cure period shall be deemed automatically extended for an additional ninety (90) days. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from the Owner MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 10 specifying the nature of such breach. 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, diligently prosecutes such cure to completion, and notifies the Owner in writing of its attempt to comply. If such breach cannot be cured within an additional ninety (90) day period, the City shall request written consent from the Owner to extend the cure period beyond the additional ninety (90) days. The Owner shall provide a written response to said request within ten (10) days of receipt. If the Owner fails to provide a written response within ten (10) days, the cure period shall be deemed automatically extended for an additional ninety (90) days. (c) It shall not be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction after a Development pursuant to this Agreement has been built. All rights and obligations in this Agreement shall survive such bankruptcy of either party. The Parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of the other Party. (d) The default of any Owner, successor, or Owner of any portion of the Owner's rights hereunder shall not be deemed a breach by any other Owner, any other successor, of any portion of the rights of the Owner hereunder or any other successor. Section 29. Remedies Upon Default. (a) Neither party may terminate this Agreement upon the default of the other party, except as specifically provided in this Agreement, but shall have all of the remedies enumerated herein. (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Owner 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. If an action is brought in a court of competent jurisdiction to seek specific performance, each Party shall bear its own attorneys' fees. Section 30. 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 or termination of this Agreement; (iii) the indemnity and defense provision stated herein; and (iv) 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. In no event shall this Agreement terminate early other than for those reasons stated in this Agreement. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 11 Section 31. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the Parties nor its employees, agents, contractors, subsidiaries, divisions, affiliates, or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of the Owner or its subsidiaries, divisions, or affiliates. Section 32. Cooperation. (a) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The City shall use its good faith efforts to expedite the permitting and approval process in an effort to assist the Owner in achieving its Development and construction milestones unless the provisions of Section 21 of this Agreement apply. The City will accommodate requests from the Owner or the Owner's general contractor and subcontractors for review of phased or multiple permitting packages, as allowed by law or as approved by the Building Official in consultation with the Planning Director or any other relevant city officials, consultants or third parties, such as those for excavation, site work and foundations, building shell, core, and interiors. (b) Notwithstanding the foregoing, the City shall not be obligated to issue Development permits to the extent the Owner does not comply with the applicable requirements of the Zoning Ordinance, the Comprehensive Plan, this Agreement, or any applicable codes, laws, statutes, regulations, or orders. Section 33. Recording. This Agreement shall be recorded in the Public Records of Miami - Dade County, Florida by the Owner and at the Owner's sole expense and shall inure to the benefit of the City. Copies of the recorded Agreement shall be provided to the City Manager, Planning Director, City Clerk, and City Attorney within two (2) business days of recording. Section 34. Successor(s), Assigns, Heirs, Grantees, and Designees. The covenants and obligations set forth in this Agreement shall run with the Property and extend to the Owner, its successor(s), heir(s), grantee(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. Section 35. Time. Time shall be of the essence for the performance of all obligations of the Owner and the City under this Agreement. Whenever this Agreement provides for or contemplates a period of time for performance of any obligation, such time period shall be calculated using calendar days, except when such time period is expressly stated to be calculated in business days. Any date in this Agreement which falls upon a Saturday, Sunday, or federal legal holiday shall be deemed to be extended to the next business day. The term "business day" as used in this Agreement means any day that is not a Saturday, Sunday, or federal legal holiday. Section 36. Limitation of Liability. In no event shall any of the officers, directors, shareholders, partners, members, managers, employees, elected officials, attorneys, or agents of MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 12 either party or any subsidiaries or affiliates of either parry ever be personally liable for any judgment against either party under this Agreement. Section 37. Estoppel. The City shall, within thirty (30) days of its receipt of a written request from the Owner, provide the Owner with a written estoppel certificate duly executed stating (a) to the best of the City's knowledge, whether the Owner is in default or violation of this Agreement and setting forth with specificity the default or violation (if any); (b) that this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate; and (c) such other information as may be reasonably requested by Owner or any prospective purchaser or lender. Such estoppel certificate shall be certified to the Owner and any prospective purchaser and/or lender, as applicable. Section 38. 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. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM [SIGNATURE PAGES TO FOLLOW] 13 IN WITNESS WHEREOF, these presents have been executed this day of 52022. Signed, Sealed, and Delivered in the presence THE MOST REVERED THOMAS G. of: WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) By: _ Name: Title: Dated: The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 2022, by , as of The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami. She/He is ( ) personally known to me or ( ) produced a valid driver's license as identification. My Commission Expires: MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM Notary Public: Sign Name:_ Print Name: [NOTARIAL SEAL) 14 IN WITNESS WHEREOF, these presents have been executed this day of 2022. ATTEST: CITY OF MIAMI, a municipal corporation Todd Hannon, City Clerk BY: Arthur Noriega, City Manager APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, City Attorney MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 15 EXHIBIT "A" LEGAL DESCRIPTION (MAIN CAMPUS PROPERTY) Folio 9 01-4114-005-0063 Commence at the most Westerly comer of Tract 4 of "VI7CAYA-JAME5 DEERING E5TATE" according to the Plat thereof recorded in Plat 5ook 34 at Pane 4C of the Public Record5 of Dade County, ILLlorida; thence North 52 degrees .47 minute5 45 5econd5 East. alorig the Northwesterly boundary of the 5a+d Tract 4. fora distance of 40 feet to the Paint of Beginning of the parcel of land herein described; thence South 37 de,3ree5 12 minute5 15 5econd5 Ea5t, }parallel to the 5outhweeterly boundary of the saki Tract 4, for a di5tanrye of 725.00 feet; thence 'Jrr:.n 52 degrees 47 minute5 45 5econJrp Ea5t for a distance of 323.-r�0 feet; thence North 37 degrees 23 -,mutes 57 5econd5 West for a distance of 50.00 feet; thence North 52 degrees 47 minuteS 45 5econr5 Ea5t for a di5tance of 4. 1 2 feet; thence North 37 degrees 12 m ratc5 1.5 5e-conds ~West for a distance of 665.00 feet to a point on the Northwesterly boundary of the 5aid Tra:d, 4; t'nence South 52 degrees 47 minute5 45 Se6oriJ5 West, along the Northwesterly boundary of the 51;i, :art 4, fo- a distance of 327.52 feet to the Point of beginning. Folio # 01-4114-005-0051 A PORTION '.::':T 4, ACCORDING TO THE PLAT Of "VIZCAYA JAME DEERING ESTATE", AS RECORDED IN PLAT BOOK 34 AT PAGE 46, Of TI-E FLBJC RECORD5 Of MIAMI-DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE M05T NORTHERLY CORNER OF TRACT 'A, ACCORDING TO THE PLAT OF "MERCY H05PITAL", AS RECORDED IN PLAT BOOK 148 AT PAGE 5 1, Of THE PUBLIC RECORD5 Of MIAMI-DADS COUNTY, fLORIDA; THENCE SOUTH 37 DEGREE5 12 MINUTES 15 SECOND5 EAST FOR I OG0.00 FEET; THENCE NORTH 07 DEGREE5 47 MINUTES 45 5ECOND5 EA5T FOR 56.57 FEET; THENCE SOUTH 62 DEGREES 12 MINUTES 15 SECONDS EAST FOR 431.34 FEET; THENCE SOUTH 37 DEGREE5 12 MINUTES 15 5ECOND5 EAST FOR 74.2& FEET TO THE POINT Of BEGINNING Of THE FOLLOWING DE5CRJBED PARCEL; SAID LAST DESCRIBED FOUR COUK5E5 BEING COINCIDENT WITH THE NORTHEASTERLY BOUNDARY LINES Of SAID TRACT'A', AS SHOWN ON THE SAID PLAT OF "MERCY H05PITAL"; THENCE NORTH 36 DEGREE5 49 MINUTES 01 5ECOND5 EAST FOR 123,77 FEET; THENCE SOUTH 89 DEGREES 5G MINUTES 17 SECONDS EAST FOR 188.76 FEET TO A POINT Of CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIU5 Of 42.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES I G MINUTES 16 SECONDS FOR AN ARC D15TANCE OF 35.32 FEET TO A POINT Of RfVER5E CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 52.00 FEET AND A CENTRAL ANGLE Of 33 DEGREES 35 MINUTE5 23 5ECOND5 FOR AN ARC DISTANCE OF 30.49 FEET TO A POINT COMPOUND CURVATURE; THENCE 50 UTH EASTERLY, EASTERLY AND NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIU5 OF 3 5. 00 FEET AND A CENTRAL ANGLE OF 5G DEGREES 3G MINUTE5 43 5[CC ND5 FOR AN ARC DISTANCE OF 34.55 FEET TO A POINT OF TANGENCY; THENCE NORTH 52 DEGREE5 07 MINUTE5 55 5ECOND5 EAST FOR 30.35 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LffT, HAVING A RADIUS Of 15.00 FEET AND A CENTRAL ANGLE Of 27 DEGREES 21 MINUTES 09 SECONDS fOR AN ARC D15TANCE Of 7.16 FEET TO A POINT Of COMPOUND CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 44.00 FEET AND A CENTRAL ANGLE Of 16 DEGREE5 55 MINUTES 46 5ECOND5 FOR AN ARC D15TANCE Of 13.00 FEET TO A POINT ON SAID CIRCULAR CURVE; THENCE NORTH 56 DEGREES 16 MINUTE5 27 5ECOND5 EAST FOR 22.98 FEET; THENCE SOUTH 33 DEGREES 34 MINUTE5 35 5ECOND5 EAST FOR 99.89 FEET; THENCE NORTH 65 DEGREES 17 MINUTES 16 5ECOND5 EAST FOR 9.27 FEET; THENCE 50UTH 33 DEGREES 34 MINUTES 35 5ECOND5 EA5T FOR 68.98 FEET: 'HENCE SOUTH 23 DEGREE5 44 MINUTES 4 15ECOND5 WEST PC 7.74 fIfET: THENCE 50UTH 32 DEGREE5 20 MINUTE5 53 SE CON WEST fOR 16.35 fEET: THENCE 50UTH 31 DEGREE5 58 MINUTES 15 5ECOND5 EAST FOR 54.37 FEET; THENCE 50U r' 25 DEGREE5 22 MINUTES 14 5ECOND5 WEST FOR 47.44 FEET; THENCE SOUTH 54 DEGREES 03 MINUTE5 23 5ECOND5 WEST `OR 321,25 FEET; SAID LA5T DE5CRJBED TWO COUK5E5 55NG COINCIDENT WITH THE METROPOLITAN DADE COUNTY BULKHEAD LINE AND UNITED STATES HARBOR LINE, AS SHOWN ON TH . 'AT OF "METROPOLITAN DADE COUNTY. FLORJDA BULKHEAD LINE PART THREE", AS RECORDED IN PLAT 500K 74 AT PAGE 3, Or -If PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLOKIDA; THENCE NORTH 37 DEGREE5 12 MINUTE5 15 SECONDS WEST, ALONG THE NORTHEASTERLY 1OUNDARY LINE Of SAID TRACT "A" AS SHOWN ON THE SAID PLAT Of "MERCY 105PITAL", FOR 427.81 FEET TO THE POINT Of BEGINNING; ALL LYING AND BEING IN SECTION 14, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY Of MIAMI, MIAPJI-DADS COUNTY, FLORIDA. MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM EXHIBIT "B" LEGAL DESCRIPTION (AUXILLARY PROPERTY) Folio # 01-4114-005-0061 A PORRON OF TRACT 4, "l#ZCAYA-JAMES DEERING ESTATE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, AT PAGE 46, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE MOST WESTERLY CORNER OF SAID TRACT 4, OF THE SAID PLA T OF " 7IZCA YA-JAMES DEERING ESTATE THENCE SOUTH 37 DFGREFS 12 MINUTES 15 SECONDS EAST ALONG THE SOUTHWESIERL Y BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VZCAYA-JAMES DEERING ESTATE; FOR 725,00 FEET; IHENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS EAST PARALLEL TO THE NORTHWESTERLY BOUNDARY OF THE' SAID IRACF 4, OF THE SAID PLAT OF "41ZC4YA-JAMES OEERING ISM IF" FOR 4000 FFFT TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST ALONG A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHEASTERL Y OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHWESTERL Y BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "WZCAYA-JAMES DEERING ESTATE; FOR 237224 FEET- THENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS FAST PARALLEL TO THE NORTHWESTFRLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VIZCAYA-JAMES DEERING FSTAV FOR 524.412 FFET,• T14FNCF NORTH 37 DEGREES 23 MINUTES 15 SECONDS WEST FOR 237226 FEET- SAID LAST THRFE DESCRIBED COURSES ALSO BEING ALONG THE BOUNDARY LINES OF IRACTS A" AND C' AS SHOWN ON THE PLAT OF "MERCY HOSPITAL, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 52 DEGREES 47 MINUTES 45 SECONDS WEST PARALLEL TO THE NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAF OF '1I2CAYA-JAMES DEERING ESTATE; FOR 32360 FEET TO THE POINT OF BEGINNING; ALL LMVG AND BEING IN SECTION 14, TOWNSHIP 54 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM EXHIBIT "C" [See following page.] NHAMI 9218929.6 73664/42965 6/16/2022 8:43 AM I��n Ia ' S O. U I H� M I A M I A �' P' V U F. �� I I• I I I I I I I I a � I � i 0 \ e T I � _ o I1 °L•'• �I� ° � AFECT � ; STORY s F O �3 ��o �x av� a `�P�NEA��T k, 25ioR sF. " AREA s F. PHASEIII DEVELOPMENT PROPOSED \\ M cam/ ®� � � �I Z� I a.' � � \, g6� 33 L ✓S� __ _ _ 150 FT. OM 61LD NG B ERM TA MEET NG ROOMS 6000 O. LASSROOMs, BF (3 STORY iAO FT)'' USFF2 STORY, t'1➢FTT s C2 STORY 0 t2 F sF (5 STORY, i60 FT) ( 960 FT 9 - � -- OFT. ROOF TERRACE E. FUTURE CLASSROOM BUILDING 14400 SITE PLAN: TOTAL SCALE: 1"= 100 FT SF (2 STORY, t20 FT) SF `. 2550 FT �aSO FT 2350 FT 2250 FT 2150 FT _ 60 FT. � zs - - - - - oFT. 2050 FT 1950 FT Faso FT 1750 FT 1650 FT 1550 FT , 145 FT DISTANCE FROM 9 �a69 FT. ORIGIN BISCAYNE BAY ELEVATION: SCALE: 1"=100 FT — MAR MUM HEIGHTI=wNE AT a�ANGLE FROM NHL ExISTING cARROLLMANOR ... ExISTAG MERw r,osRl AL T ae9FT.-,1a9FT. - ________----___—__ F r xis wGnnERw r,osRITAL RROFEssIONAL ARTS euiaoiNG,1ao FT o.F uTURE GARAGE , cLAssROMs, RooF TERRACE �o FT. sT. RIERAN MEETING e. FUTURE ERMITA MEEnmGRooMs I9FT. ErlenlvG ERMITA sTnRv,aS FT � ExISTA Ins MA euiaowG asTOR�,a9 FT.IN A. FUTURE aAseRooM eulLowG asTORv aa1FT. pNSH FLOOD ELFVATON OF �aa NGvo. ERM AM c1, (2)As --- _— RooMs,so FT. a IL o� FF o 10 OOPINE ANGLE Z AS ALL w¢ Z U w Q �m U J LEG IT o> aBf LL d i U — w a B e 650 FT 666 FT Q ¢ P _ g w U LIT 750 FT''^^ a V vJ J No <� WTP U F � o O M°A FUTURE o 00 A-101 SITEPLAN ART . secTON 365 EXHIBIT "D" [See following page.] NHAMI 9218929.6 73664/42965 6/16/2022 8:43 AM VILLA WENSKI PRELIMINARY ZONING REVIEW ARCHDIOCESELLANur�tt 3675 SOUTH M IAM I AVENUE, M IAM I , FL 33133-4253 APRIL 29th, 2020 GMPA Project No. 20013.00 ARCHITECT GURRI MATUTE PA 5001 SW 74th Court Suite 208 Miami Florida 33155 305 661 0069 AA 00034541B 0001241 P411,iG l LANDSCAPE ARCHITECT GSLA DESIGN, INC 17670 NW 78th Avenue, Suite 214 Miami, FL 33015 T 305 392 1016 DRAWING INDEX ad° LOCATION SKETCH 7 2 WEST VIEW TO PROPERTY FROM H WEST VIEW TO PROPERTY FROM HALISSSEE ST HALIE ISSSEE ST 3 4 SOUTH VIEWTO PROPERTY FROM 50UTHWESTVIEWTOPROPERTYFROM HALISSSEE ST HALISSSEE ST 5 . 6 EAST VIEW TO PROPERTY FROM EAST VIEW TO PROFESSIONAL MEDICAL PROFESSIONAL MEDICAL BUILDING BUILDING LEGEND ....... .,sr�q Pe:xnM im � c o AINa 1911 sF ► Sla Pwro: vww Dl�no� p Q g Part ateeginrr, o _ I, 2 o S g m g0 � � sariyrs^c Mast Point of Commencement Westerly Cwner, Tract 4, 'v fl-James Deering EstaW Plat Book 34, Page 46 i Fract "C" (T48-51) Southwesterly Line, TToct 4 (P.B. 34, Pg. 46)-1 I DEMOLITION SITE PLAN w r=zo-o° N M �W a— mn wam.eovetc u.+uin Al Q �mxeem� ® m�mr�wx aw ® wre ww w� O^ uar�o-ro wun wn ® Nwuw�� wo..us a ryq 1111 HATIFE IF [IN17 El N IF VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133 4253 EkEo n� DEMOLITION SITE PLAN NEVI-E-1 AT FILE NAME sI.EETD_01 R: 1 - MIAMI 21 ZONING MAP ❑❑❑ ❑❑ la ❑ aoaaafM xxo fxv.e - � � � ❑ _. � V - I I IF- 2 BIRD EYE MEW - - — — — — — — — — ----------- ------ ----- ------------- ---------------- LOTCOVERAGE AND OPEN SPACE 3 - GENERAL SITE INFORMATION P.R AIxgmSsf 4 BUILDING HEIGHT (STORIES) FLOCATION SKETCH .. .... .. . 5 - PROJECT FLOOR CALCULATIONS BY USE IAC 11-11111URIA1111 PPITT BUILDING PLACEMENT IN` PARKING PLACEMENT BUILDING HEIGHT 7 F:: �6-SETBACKS —T —.1. TlIT A.L.— —.1. IT 7 - BUILDING FRONTAGE TI.AII.RII —1— .AIIIRl P—M.—PI—A.—A. A.A.1 P—M.—PI—A.—A. I.. 8 - PARKING DATA CIIILIIPPIITIIEIIEPEIIIIIILEILIITEIINTILE3 11IFTEIPINIFACITTIMHE .QLI— IAILI .1— Qu— PAIKIN.P.EE I EPACE III EFEMITUT IF AITICLETTATLE1 IIIIIII-III EPACEP l�� EPACEP CCEFEILE PIKINI MIN 2-11IPIIIIEI lIC2082 18-- 41PACEI I— AMETITTE IICACCE1502 11 � I APELE 11 � I FILE LI.- 3 EPACEP P—LE I PEI EFAIIII EPACEP AITICLETTATLE1 MlIU-11PIKEF IT PIKEE ITALL II.ENEIINE IPc 11 11— FILE II.EPPINE 11 AITICLE1 T-EI IFT PEITI-IUU IF IN III PEITI-IUU IF rT--�E TF-11� 70,81011-1741PACEI N. 9 - REQUESTED WAIVER'S* A IU.Ilpl.1.111, IU-I —1-I T T.., 1111 IITl I— —1-I I- 1111 All-11111 A,T A1.11.1111%.I�IAT" =A.A'.I=lI 1111 - ��N IPll FIT, 21P mam I o"all", 'llclol'- PIP 1111 1� FEE IN IF I- Mam '1 1 VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE MIAMI IT 33133 4253 O hP ................. . AlITHEIT IF IEIIID VllllloFCamIaP%a2 A P—ECT No MPA2111111 SITE PLAN AND DATA ASSISTED LIVING FACILITY (ALF) P—ECT I— E EPITE I—ED 1112�12121 NI—N El MITI, IEVI-ED El VC E—MD El D. NO E F / III � �u u ap S�pEi°`srom FF LLL JJJ Ell - IA IF 1. 291 IF6 4 o:F 5El— 7 ® ® om ® om I --— F0O" ,r O ii GROUND FLOOR AREA HEIGHT GROUND FLOOR PARKING COUNT ADA PARKING 18,008SF 15'4" 20 3 UNITA(STUDIO) 480-830 SF 70 UNITS UNIT B (ONE BEDROOM) 688 SF 7 UNITS UNIT C ( TWO BEDROOMS) 844 SF 10 UNITS PATIENT ROOMS 227-247 SF 80 UNITS TOTAL UNITS 167 «At. - I l ® — i Ill A— I FIVE N9IF °oF 8 i 9 1 IF i 10 1. of 11 o 12 o. 00 14 15 zm of a3 III IF -' z1' o ,o,-. M.F Ill IF YVA,° II °'sF � •a � I I ELEA l l dj,�2 INMU—IE IFINIELLINEFFIFIE n.�a� aooM �oaa. ll� IF aoITAHIN 919 IF a. _ ---- —� _ � _ ---A _ sEwNOAm FaoNrsE a e ---- —� — g IF A p — wNaP ds ----------- -------------- ------------- ----------------------- I FEE IN NI Mam IT 1, VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, s E IAMI, FL 33133 4253 o Coq ARC �EoO 1EaO10 o"aA, Ill 11— No MIA 2111111 1121 GROUNDEFLOOR PLAN EATEIEEIED DFAIIN El AT 1EVI-ED El VC DEEMNED El D. 0 GROUND FLOOR FILE NAME 1/16 1 0 sties N(@ TA-1U R: 48 a 7o I� 47 Im 71 2 46 RAMP UP 5.5 % 72 FROM SECOND_ 45 TO THI RD 61 73 44 0 62 1 74 43 _ �� 63 75 42 &. 60 0 64 41 0 65 L7811 40 59 0 0 0 66 39 58 0 67 79 38 57 0 0 68 Il u 80 37 56 0 69 81 36 55 35 0 34 54 ,OPEN 33 53 0 13 RAMP UP 1 52 0 5.5 14 FROM 2� - 332 - - - 51 - - GROUND 15F TO 3 -SECOND 30 h 50 0 16 4 29 17= 5 28 h 49 0 0 18_ � �6 I 0 19 7 �I F12 � 0 20 8 I� 0 21 9 24 a 10 23 11 10 22 - 12 — SEW ND LEVEL PARKING o e is 3 IIALFINFHT SECOND FLOOR AREA HEIGHT SECOND FLOOR PARKING COUNT ADA PARKING 31,413SF 9'-6" 81 4 54 74 53 a 75 52 h 76 No� 66 77 67 78 65 68 79 [149 69 80 70 81 64. D 71 82 0 45 63 0 72 83 73 84 0 44 62 0 5 43 I END WALL 0 42 61 0 16 RAMP UP 1 0 41 © 17 2 40 60 0 FROM 18 SECOND 3 _TO THIRD F 39 59 0 19 4 38 58 0 20 5 0 377 57 D 21 6 7 E365622 5523 2 8 25 10 26 11 27 12 0 30 a 13 0 29 1 `4 m 14 10 - 28 15 n THI6DLgV LPARKING o e is 12 THIRDFLOORAREA HEIGHT THIRD FLOOR PARKING COUNT ADAPARKING 31,957SF 9'-6" 84 4 AA 1111 14 [INN' ' E 'TT... DAI` IN NI VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, s E IAMI, FL 33133 4253 AROHITEITOF1Eoo1DD I-EIT No MIA 2111111 2NDE8:3RD LEVEL PARKING DEFINNADF1 D. FILE NAME Ne s�EErA_11.R: C I I I • ICI IF 4 �M TERRACE El �w [El N IJ C El C El �C [El �p �IEl Lj �I El .� �I 88■ I� a e- lFi- •ICI• ��� ---�--� ITH LEVEL FOURTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'-0" 27 �— 10 10 TA 10III IF 10 `grniap Fss IF u hu eF io 522 IF -li IWA 5a2 IF o0 o u A I' IF III IF 11 II 533 IF u 53I SF io 522 IF 511 IF 522 IF 522 IF III IF III IF Stt IF o u 512 IF o 522 IF III IF n III IF 5[[sF I me IF a1sF aea IF ®— eoo IF n 5TH LEVEL U 1/1, 1FIALE IN FEET FIFTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'-0" 30 I I — 10 6TH LEVEL U v1s°=v—o° FIALE IN FEET SIXTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'4" 30 owrvEw I na�r oe A� Pao�ccT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI FL 331334253 I tiP H � cS r�f0 Pia y ARC ORoo 11— No MIA 2111111 4RD, 6TH:& 6TH LEVEL RESIDENTIAL 11—N El AT IEVI-El El IN FILE NAME NE) s�EErA_12.: Q Q Q Q Q Q Q Q - �,d'sF 11 `P'� 7 ` �a 'T T' tlus'T T'a , T'a:F 85� add:m 2 - - - - -IF- 2 - - - - - - -77 J s s nia 3 - - - - - 3 - - - - - «.... 11111 [�72a,A,� IN J ar er a,A,�� 4 - - - - - 4231 - - - - �, Does r aoPPoa, r aoPPoa, . „a d, r r I I I I VILLA WENSKI _ sF 23111 IF 1 231 IF F 231 IF PRELIMINARY ZONING REVIEW 230 IF �, J s 8 �, J s 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133 4253 (` eUPPoar ') !' eUPPoar ') se 716 731 III IF III IF IF -T III IF J rio To mcs:'��o ca3 Ba _ 231H t IF - A u, $ ENniR tie ARCHITECT of RECORoII o - IF o o.. IA 2001100 20 - "\F TI 1P0 T R. _ .... A30 _ L�,YF 330 sF '[fuY BTA aE a AT _ ��oN �- aa,a J L' 'JIII IF L' 'J �. J L' I - -.- -t " 10 I I I I i I I I 7THE& 8TH�LEVEL F III IF III IF 22R22�77`1` 22I77FF TrH �EVE� ®2 H �EVE� ®2 - w 0 v1s°aT=r-o° 11—N El AT IEVI-El El IN SEVENTH FLOOR AREA HEIGHT UNITS PER FLOOR EIGHLTH FLOOR AREA HEIGHT UNITS PER FLOOR 23,849SF 12'-0" 40 23,849SF 12'-0" 40 - Ne 7 A_13 R: ■ossilimmooilusumiisoon ■wwwwwwoi ��iiiii��ii ■i�iiiii�i iiiiiii�ai�r L. IIIII EVE a _HEGHT Roo 98' 6" T 0. PARAPET 90' - 0" ROOF n 86-66" 8TH LEVEL n 74 - 6' L 7TH LEVEL n 62' 6' V _ 6TH LEVEL I� 53 - 0" V _ 5TH LEVEE 43 6' _ 4TH LEVEL n 34 0" THIRD LEVEL PARKING n a' 6 ° SECOND LEVEL PARKING n 1S'-0 GROUND LEVEL n 0' 0FIALE IN FEET HEIGHT ROOF 98'- 6" TO PARAPET ROOF 866' _8TH LEVEL 14'-6 7TH LEVEL 62 _ 6 _6TH LEVEL 53' 0" _5TH LEVEL 43' 6" 4TH LEVEL 34' 0" THIRD LEVEL PARKING 24' 6" SECOND LEVEL _PARKING 15'-0" _ GROUNDLEVEL � 0'-0FIALFINFEET " V MATERIALS SOLARBLUE GLASS v 1� . ASK PRECASTCONCRETE 7 ALUMINUM SCREEN & TRELLIS �4 EXTERIOR METAL WALL PANELS \ A �T T "I III F III Ill IIII [IN17 " E ' ' ""'" VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAML FL 33133 4253 o Coq AL ma's 44.... I EaEo n� Al LITEIT IF 1EII1D 9NE BUILDING ELEVATIONS MORIN El FIRE DEEMNED El D. FILE NAME Ne ..EErA_21.R: o F-IFIEE oDEEDR,EEA�E o �END�D�ARE n TYPICAL PATIENT ROOM HEIGHT ROOF n '! 98'-6" V T 0. PARAPET � ROOF I� �e zse 86' - 6" T III III III 1311 Ill 1113- III 8TH LEVEL ]4' - 6' I r TTH LEVELn 62'-6 V 6TH 0 LEVEL,!� 53 - srH G6 ' VILLA WENSKI ' 36 PRELIMINARY —-HLEVELn ZONING REVIEW 34' 0" THIRRD 3675 SOUTH MIAMI AVENUE 24' 6', PARKINO n MIAMI FL 331334253 - SECOND LEVEL PARK I NO se y¢, GROUND L0 0 y F?Eo Pam' HE GUT ROOF I� A1111HEcr of 1EI11D RO F V T.O. PARAPET vi iD ROOF n 86 6' 8TH LEVEL 7TH LEVELn REvisiorvs 62' 6" V 6TH LEVEL I� 53'- 0" V 5TH LEVEL 43 6" 4TH LEVELn srvEET TT�E' 34'-0" I BUILDING SECTION THIRD LEVEL &CALLOUTS PARMNG n 24 6" SECOND LEVEL PARMNO NEVI-ED II VI GROUND LEVEL n 0'-0" srvEErA_30 R: GURR MAT GUR Mil-i I1712131F55315 Ill Ill AA 1113 [" " " ' L' " VILLA WENSKI PRELIMINARY ZONING REVIEW oo or CONTEXT MR-N El RE REVI-A) El VI FILE NAME w i j"'•�1. !7 r ' VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133 4253 92 s.�f'j I —ACT No MIA 2111111 Fl FILE NAME cSrF?fo.p�S 9NE3D VIEWS s....4 50 R. PLANT LEGEND EYJT/PALM � TOOREM ALMAIV ' L%IST. TI TO 3L IAA.VSPV\VTLU /\ TO BL RLMOVLU T 1 "C' (148-51) \\ - i-S70RY � - N X ---- - �' /'N •` ,a o �{`, e3-1 ���y `a� PROJECT TEAM _ ue, sane z,a _ � _ —PROJECT— VILLA WENSKI _ PRELIMINARY 1 ZONING REVIEW 3675 SOUTH MIAMI AVENUE, © MIM,T FL331331253 l-STUBY C.B.S. STAUCTUBf _ _ I, [SEAL—] hoax zw 5qJ a m • _ -_ �;`` 1`eaREVISIONS: �.Nw•,W Tn 237.2$4` Tt c (148 51)�537%2'15"E snrir rnLr -" (Pdvote eood) Existing Tree " Mercy Road Disposition Plan p ImoV _to 725aa' snr2''15t _ - _ `Point of Com I S,,Ihw..1,fly Line, T..1 4 (PB. 54, Pg. 46)� — — — — — — — — — — — — — — — — — — Mos7 Wes7eAy Comer, T..1 4, Tim wwmE _ 'V;.n —�nmes Be,1ng csinie" EXISTING TREE DISPOSITION PLAN P1o7 Book J4, Poge 46 SHEET NUMBER: o L-1 U IS, U1, ENT E E O' SE COND N. mast rZ 7 T 1. �11. El PROJECT TEAM� Ell T. —PROJECT— _mz, VILLA WENSKI cl PRELIMINARY ❑ El ZONING REVIEW 3675 SOUTH MIAMI AVENUE MIAMI FL 331331253 —SEAL— E�TT 1N1111K�EH1TETT.E2QIv ILI.1- 1111—N. IIIAII1111 �;4zv., —REVISIONS -- ---------------- — ------------oa ----- ------------------ ----------- ---- --- ----------- ------------------------- ----------------- Hardscape Layout Plan -------------------- IEI _�EIEIII KEI GN— ..E HARDSCAPE LAYOUT PLANO F SHEET CMBER= ,� � 11 M1 k 1 ��� �. ��� ,, ���_�� ���, �; ,, %.:., r �� �� � .1_ �- `' �; ,'' � � � Fs+�T"-a �� `x�_ �' .. SIZE. FINISH LEGEND (ME) Miu - �uren� uuMirvuM ISOMETRIC s N07ES M, sE L,0M5N,,oSN NEOE Mn oc MN" Eo " r ¢ Qs,,S2(; �I' I1s �oMwo1 s x 1, as Mi (E11 W,o NI of <s57I' tsos MM1 R o EoM ,� li 2 7Mm aE L'I'"EE"un,es = PERMI OLEINL NE IS s. 'OLLI3ssMgs aRA,o" NIINEI EIIN.N I"ooE7TL Q 1517.-1EIMILo0.EOM NTLO ALUMINUM EDGING DETAIL IlEO IN 71EE �PLAN VIEW ROOT BARRIER INSTALLATION DETAIL PLANTING & BRACING DETAIL UNDER 3 1/2" CALIPER SHRUB SPACING DIAGRAM xew,sww<xumxc.exoe � / s�uwsu¢i rrxwn INSTALLATION I DETAB. SHRUB MULTI-TRUNKED TREE/PALM BRACING DETAIL DETAIL A BATTEN DETAIL B M�EVe�e PLANTING & BRACING DETAIL FOR LEANING/CROOKED PALMS PROJECT TEAM NI DL PROJECT VILLA WENSKI _ PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 331331253 —SEAL mM. D TAIL A >rmw�sov:ao a„w, ..d.w�_,�.........,mz ,»Fwuwrou a,xe u E d v BATTEN DETAIL B v�REVISIONS t ,wexeou,iu xvs,.u.nu,w. we rco.w. I xurove oxcxuw+,n w SHEET TITLE: - PlantingILL Plan - ,w,,w,,. PLANTING &BRACING DETAIL „kmx.,.wx SVm1Me - OVER 3 1/2" CALIPER C .,.,. SHEET VU LR;