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Home My WebLink AboutR-89-0302i�89i254 - - 3/23/89 RESOLUTION NO.9""i302 A RESOLUTION, WITH ATTACHMENTS, AMENDING A ORDER PREVIOUSLY APPROVED DEVELOPMENT (RESOLUTION 79-396, MAY 24, 1979, AS AMENDED, _ ATTACHED) FOR THE MIAMI CENTERLOCIs►TEDOJEAT r _ (A/K/A BALL POINT PROJECT) APPROXIMATELY 100 CHOPIN PLAZA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SE CTI STAY. (SUPP. 1988); BY DELETING 'F _ 380.06 FLA. CONDITION 5 OF SAID DEVELOPMENT ORDER PERTAINING TO AN UPPER LEVEL PEDESTRIAN AND CONFIRMING THAT SAID z•, CONNECTION; FINDING CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO SECTION 380.06, FLA. SAID CHANGE PERTAINS STAY. (SUPP. 1988); THAT ONLY TO THE NORTHERLY 5.45 ACRES OF DEVELOPED? PROPERTY AND THAT THESE CHANGES ARE NOT PART MIAMI DEVELOPMENT OF REGIONAL Lei OF THE DOWNTOWN IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87-. _ 1148 AND 1149; DEC EMBER 10, 1987), AND FINDINGS AND CONCLUSIONS ! INCORPORATING SAID OF LAW; DIRECTING THE CITY CLERK TO SEND ' COPIES OF THIS RESOLUTION TO AFFECTED THE DEVELOPER; AND CONTAINING AN t AGENCIES AND EFFECTIVE DATE. t WHEREAS, by Resolution 79-396; May 24, 1979 the Commission 5 Order "Exhibit A" for Miami Center I approved a Development Or Project (AKA. Ball Point), a Development of Regional Impact per n= Chapter 380, Florida Statutes, located at approximately'l00 j #, Chopin Plaza and 200 South Biscayne Boulevard, and legally is I described as Tract D DUPONT PLAZA (50-11)'PRDC; and WHEREAS, the northerly 5.45 acres of Tract D DUPONT PLAZA 0 �I (50-11) PRDC have been developed with the office building hotel �! and related parking; a Certificate of Occupancy having been issued subject to a restrictive Covenant dated February 7, 1986 ®' ial Records Book 12786, Page 658 PRDC)�which addressed the (Offic i M� remaining. out standing conditions of the Development Order; and. j b i WHEREAS, y Resolution86-828 October 7, t•1986f the k Commission amended the Development Order only- as it= p+ertaiiedt-•to the:.undeveloped southerly 3.01 acres of Tract D:DUPONT PLAZA which ro nosed amendment constituted a substantial PRDC • P deviation and, therefore, was subjected to full Development-,r rq�� =Regiona°Imact'neview; ' and TTACHMENTS. F CONam �"A INED -- W;# tEAS, as` a condition of the above -referenced covenant# within of said Covenant either a) an the three years of the da# , amendment to delete Condition 5 - the overhead pedestrian- s connection - would fie sought; b) a judicial detert[titation finding pp SA that the obligation was inoperative would be- sought or c) ) Condition 5 of the original Development Order was to be x satisfied; and WHEREAS, the applicant has filed proper notification of a 5 proposed change to a previously approved Development of Regional to Subsection 380.06(19) Florida Statute, with; Impact pursuant.- ;T appropriate agencies; and ;. WHEREAS, pursuant to said Subsection 380.06(19), Florida - 1� Statutes (Supp. 1988), this change is not presumed to be a 3 substantial deviation; and WHEREAS, the Commission has carefully considered the t eletion of an overhead pedestrian proposed change; finds that d connection and substitution of decorative paving will have only a marginal impact on traffic and transportation, and finds and confirms that said amendment does not constitute a substantial 13 deviation pursuant to Subsection-380.06(19), Florida -Statutes devia p (Sapp. 1988); - NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF`THE°'CITY i- OF MIAMI, FLORIDA: r= Section l.The recitals and findings contained,in the sss, ; preamble to this Resolution pertaining to substantial deviation as Conclusi ons of Law are hereby approved, confirmed and adopted by reference thereto and incorporated herein as if fully set _ e forth` in this 'section. t Bail - ter J . (AKA' P cy c.2.The Develo ment'Order for Setion Miami'Cen • 24, 1979 Is hereby' amended in the Point) Resolution 79-396, May i following respects s� a �3 ra t Words : aind% #gur�es . stricken cken through shal l b deleted. Underacord ;wArl►j��5 and/drs,ff9ures,`-sha'1V be' added The remaining provisions ;are ;ice jn4 eff _ and remain unchanged. Asterisks indicate, omitted and_ unchanged r�i1,. y r f3 _1 PP ! r i - Ali D1 0 Section 3. This amendment does not constitute a substantial deviation pursuant to Chapter 380, Fla. Stat. (Supp. 1988). Section 4. This amendment pertains only to the northerly 5.45 acres of developed property (AKA Miami Center), it being understood that the owner of the southern 3.01 acre undeveloped site is not a party to, and shall not be obligated to perform, pay for or contribute any portion of the cost of, any condition or obligation imposed by this amendment to the Development Order. Section 5. This amendment (and construction project) are not part of and not included in the Downtown Miami Development of Regional Impact Development Orders (Resolutions 87-1148 and 1149; December 10, 1987). Section 6. This Resolution shall be transmitted to Jeffrey Bercow, Attorney, Steel Hector Davis, 4000 Southeast Financial Center, Miami, Florida, 33131-2389; Jack Osterholt, Executive Director, South Florida Regional Planning Council, 3440.Hollywood Boulevard, Suite 140, Hollywood, FL 33021; and Thomas Pelham, Secretary, Florida Department of Community Affairs, 2740 ■ Centerview Drive, Tallahassee, Florida 32399. Section 7. This Resolution shall become effective immediately upon adoption pursuant to law. PASSED AND ADOPTED this 23rd day. of March , 1989. X 3R6 XAVIER L S AREx MAYOR ATTE - T a. .Y✓{a ��'k'�i i'Y Jk, c 1 i t r'� MATS. HIRAI, CITY CLERK w- S kryJ i a y}• j #-i t4 4 ai fray 4x'. JOR L. FE AND " CI TTORN JEM/db/M994 { 'r: r pie�`" . `` up ATTACHMENT TO R?LSO LUTION 89-302_i MARCH 23, 1989 •5117179 , BES0LL' :CN IN A RESOL'v±iON OF THE CITY OF MMAMI COMISSION AUTHORIZING ISSUANCE OF A DEVELOPMIM& ORDER, • APPROVING WITH MODIFICATIONS, THE SALL POMT PROJECT, A DEVELOPMNT OF REGIONAL IMSPACZ, PROPOSED BY HOLVELL CORPORATION', FOR TMACT D. DUPONT PLAZA (50-11) , LOCATED Oil THE NOP.TH BANK AND AT THE MOUTH OF THE MIA= RIVER. AFTER CON- DUCTI:SG A PUBLIC HEARING AS REQUIRED BY CHAPTER 380.06, FLORIDA STATUTES, AND COHSIDERIYG THE REPORT A14D RrCO2''1=MATIONS OF THE SOUTH FLORIDA REGIONAL PLANNN& ING COUNCIL AND THE PLANNING ADVISORY BOARD OF MM CITY OF MIAMI. SUBJECT TO THE CONDITIONS OF THE DEVELOPMnT ORDER ATTACHED HERETO AS EXHIBIT "A THE RECM28MIMATIONS OF THE SOUTH FLORIDA FIGIONAL FLA:r:INZr COUVCIL ATTACHED HERETO AS EY.HIBIT "B"; AND TMI.E APPLICA- TION FOR DEVBLOP:MI T APPPLOVAL INCORIVORATED BY REr:RE::C FI:IDI'.'.G THAT Tr.E DEZ:OPER'S PROPOSED CH.4.MGZQ FROM THAT APPRJ 0MM BY T:?: SOUTH FLORIDA REGIMIAL PLANK G COU.,= L%1VOL.Z NO SUBSTANTIAL DEVIATION; Fn.THER DIRECTING THE& CITY CLrR& TO SEND T. =.' RESOLUTION TO Ar I LCTED AGL.:CIES AND ME DEL LOPER. Wii:. MAS, The Miami Planning Advisory Board, at its meeci :g • held on May 16, 1979, Item ,t1, followling an advertised hearin$, adopted Resolution No. PAB-23-79 by a 7 to 0 vote (1 member recommending approval of the Development Order :or the Ball FoiN: Project, a Development of Regional Impact, as hereinafter sct fort:i and MUDINGS OF FACT WEEeZEAS, Holywell Corporation has proposed the undertaking :.ct the Ball Point Project, a Development* cis. Regional Impacs. as s defined by Chapter 22F-2, Rules of the State of Florida D0 Ar tMan� of Administration, located within tht. City of Miami, on a tract; of y 8.46 acres, at the North bank and at the mouth of the -Miser R Y0x $OS, 400 feet 630 hotel] comprised of square of gross office space; 4 de units in a structure containing 652,400 square.;.feet of Yross�#�oe4 �� -spats; 500 dwelling units; $5,000 square faac of gross s-soati retail use; and 2,365 parking -spaces; and y fi; c d f � xil 1 OA «"etERW. Holywell Corporation his, submittad a coµplete 4 Application for Development Approval for Development of Regi,ac:a.T impact to the South Florida Regional Planning COUz%ci.• pursuant to L Chapter 380.06 Florida Statutes, and did receive a favorable S4' recomstndatian for a proposed development order on May 7, 1979. as set forth in the •Reoart and Recommandations of the South Fla.. Regional Planning Council attached hereto as Exhibit "3" and =ade`a� ta' Part hereof; and k'H'EM;S. the Application for Development Approval, as revie►aed by the South,Flor:da Regional Planning Council, referred to,an.-'o£.c building wit!% 928,200 square feet or gross office 'space; a hotel ` with 550,000 gross square feet, and a paric:r: strcri»e` with 2,560 parking spaces, which does not amount to outs`tanditg change fro= what is now proposed; and - WHO?:,k5; Holywall Corporation has cos:iiad with al the`: y require: aacs set forth in Ordinande Nce 8290 ; and VIMPLEAS. the CLtq Cosa:.§sioa has considered' ahe- Zepc t. and k Reeoendatians of the South` Florida Regional Plarin.N'3` Couaeil i;ttr and each element' rsgssi:ed to be considered b-7 Ciapter 350.06 _ Florida Statutes• and CONCLUSIONS of Late WiR�15, the `Ball Point Project, proposed by sae Holy�.�sll y3 Co. oration cotafllies with the Miami Cotspreheas..ve Piei ....o...00c: P?Laa. 3 is consistatnt with the orderly development and goals of f Miami, and c lies with Local and developzaent` =eguiat.ans bein3 ,Fa amp t.r Comprehensive Zoning, Ordinance No. 6872; Viand' fi - �! >� Lyd + l 1 Ift Wt�EP.EAS; the; proposed=' development does` mot unreasonable;Ar fern with the achievement of the objectives of: he adopted L;�tnd Diveloprsant` Pian apphicable to{ thiBi XS. thi 'proposed-"dav to lent `is coh0.II ��is and Recor erid tior s of the Sough r 0 i a 14.4 giona i4 rla doesioc 'ixnre;Qnablyincefere wh°zany a�;t1N ,end obaarivas as forth: lh Ctpep80s y�.aird��ts —= — 3 _— ate . . z r _< . _#7 c.4.. ..fs. r..:'.. iY. UiI YY Y fi ' /ti V. A A Q A i di, 4 i +� p�ryy ` ua.aj rr w v• i.af ..- :, +�I7, aaftted j �.`,r. •ire i. . :.. w L t 1% w 1: +r: i i a i U. i R • . ', variant* •i r.w .i.G 0� ♦roYfr ..ems Y.i iiiNWr and �r��ia L1Vn�ii Ult- ci , ,approval for parking uses. as .-allowed I. Ordinance No 63)'i. the Comprehensive Toning Ord"Uties for tha C11:7 of Niami; and WERUS, the Cal." i Commission has determined that all recu_rei S. mencs of publication and other legal requirements for the issuanes �- of the proposed Development Order have been complied with; and WHEREAS, the City Co=fission deems 1: advisable and in the best interests of the general welfare of the City of 24iaai to 'issua a Development Order for the Development of Regional Imp ct, as hereinafter set forth; 'jdE WF OEE, 3E .- RESOLVED . BY TriE CO:�tISSIOy OFNOW, ti CITY OF MIA`II. FLORIDA: Sect:zn 1. A Development Order, attached hereto as Exh ibis "�►". app.ovin 3 with-odi!izations , the Ball Poin: Project, a Develop men_ of °.egicnal Impact. pr:posed by Hol.-sell Ccrzaration for 'tract D. ZUPONT PLAZA (50.11), located on the North bank and at the mouth o: the '!_=i River, be and the same is hereby granted and issued. Sect_:n 2. The Report and Recommendations of the South F'sorida .Eegio::al Planning Council dated May 7, 1979, is at_ac.had as �xh�r wr ;Lim "3", and, .pride a part of this Deve10 an Order. .. See=:ca 3. The Application for Development Approval is. , incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380.05.Florida .r Statutes Substantial.compliancs with the representazi_-s cortai:ied' t is t�.e Application _o. Deve�.opaan_ Approval is a coed_,._znfor approval unless waived or modified by agreement amor.3 the parties.;1 Sec__on 4. Pursuant to Section 380.06 (2), Florida Statutes, the Ci=7 Of Miami has reviewed t..e p. oposed changes to the Applies i tion for Development Approval from that a roved . b the 5ouch Florzda °�r P P. PP Y x Regional Planning Council and finds no substantial deviation the* ill "d- from Sectioe ' S. The Ciej Clerk is hereby,suthorizad ard1�*ata;u. -N , to sezld certified copies of this Ei4solution.smaedl,ataly Flozica :Division of Scare plannul" Depart;-ent Rro�m .530, Carlton Buil'ding', Tallattassee�, ::orida �Z0GiQ p - ��ti a z Alm` �. !t t, 12 South Florida Regional Plat :•.�tg Council. quits 429 ;IiasCti. r'lotida: and to Holy -yell Corpora�i0�i. 4 :7. C. Circle, Suite 100, WazhiNgt0n, Y _ ADOPTED this 2b day of rw Ali7 h� fASSEM &,JD A00 - • ZCE A • • ATTEST: � F i 1 i 1. • .. •r•..ii� i x�{i P�?r1 D., A2230L LD BY: ry �r Y � istsst icy.. accaraey � ��° APPROVED AS TO FOMN A9s7 CORRE :..:SS : ; ,F }y . • ., i q actoruey -4 e . t ry �iy - x�+�t'�ar'rW iWa ink 'v UP f - - b X�'1.,F >i4 !`. 1 ;� ".� 4 F:' �•1��Y,"". Y, }th ');'F.. i •-0vi5i� � i ��(• 1. '1� $[ „ f s rc.dt v i. a I � � � �. r i r •"Y' i� ��,,�.�; q . s -- 5 t 9'x c � I x F, ay 3 )•�, �,�r"t"1'� � ,a — Wl c tl. . _ 1,".' ... ... ,. :. ..• - t _.. . t __.E:, _.. R.�-..r7r{.tJ`h'i . _ u AOL • . � •war - M•�. . Y•I.M�f� iiYiN afla.Ma �a.•ii w +r•Y• ,irr::i h er it be knaM that pussnant to Chapter 380.0 Florida Statatss this Cosssission 1 i of the Ci':y of Imiami, Florida has considered in public hearing hold on MMY 197. - the issuance of Deyelont Order for Sall Regi Point a OsysloPumt of onal ZVac. omear to be located in the City of Miami. _ y IIursuaht to Chapter 380.06 Florida Statutes and after due eonsida>;atic6 of the consistency of this proposed development with regulationsand the R:post had¢ Recommendations of the South Florida regional Planning Council, the Comsiss on =i�`. took the foilo++inq .action: Approval of this development with the lollb++sa9 ': 5 codification=. ' t •dw M r . t is limited to a prosect containinq not, more thane 80�.400 The dsv�elopm+en 1. eture`' square feet of gross office spacer 630 hotel waits in a stew reining 658.400 square feet of gross hotel spaces 500 dwelliaQ..ess;f 85.000 square test of gross retail use and 2.365 parking spaces. Y prolect as proposed would eoaprise ao average Fioar Ares Ratio oSO f 6.16 tt�r s the 8.46 'acre site approval having been previously gsantedOF`'a �► •yy limit and COndit�.Rislal use appVsl IioP ` rj""TM frao the 300-L'�t heiqht x: Gx kT J ? °� - - < park"g uses. F�sreher. the foe ca�rerago is.,; , i• x! z t { � y 2 ! ace • s the saolostad p seslaa Qpgss PIP, +� .�F open ep ....r...�• le"l is et apt spec* isd by tlsfa J�#►p ► In } ¢ z, -sxza�'} .e a'x ,;4' }, n !x �, +:.,- 4:N �.�r+-5:,,r �'�`iri �*{.nr �S ',az. tsar �" �%,n-t",tt•s"') "s�.ik�7iTt�T,,_ `'F - - Dewtlsopsa"t Approval and ! � ypreliso asr� d l kdfi ! as tl..'*'i: T2' 'mow L ��yy/�� `—d >ap�snded h�( $�R1{.* daRMir - f;}'.'.iK'Ra-r'�e 4 4131 fs+bW `. i s,� �1,+3v�'#ar�"i - — w.. ' � i�'••w�-�l �•1.� • i�V ••�il��i Ali � : +(. .,.. i . y i ♦ a a y ' r- - .•ia!+• • rf•+1M•aMUMM. YII��w.l�.w�•I.w••ia, a i+M•i•• ) r • • •. •Ili• �� • • •I.i•••w •.��+. •• •�� - �a • •afy.� !•w+wir.�ri• • • I• • 't i•i.•�'•" • �� •••i• +i•wi•1 •rr ••i•i••li��ll�•Miwi:�•.: + ♦ .aiN. N•w • � {i • IYyj��i��11Y•iYl!•IYY�.AYY.i�r MlYlwli•�.ti•+,ti��• • Y• a • •. YjY'.5 - � - .: t11►iMl.��'y `�,ipw i • `�'.'• • yi•N •• � 1• w• • _ ... • 7:. ram • 2. The applicant is aneouraged to address the totlovinq Concerns y about the proposed development: � r a. Activities should be incorporated alonq the Rives Walk in order to_ provide meaningful and contiauots pedestrian experieneas and attractions. b. Attention should be given to the traat:ant of the Biscayne Boulevard facade to ameliorate the apparent bulk Of the strnetvsew C. Attantion should be given within the project to pravidiaq views of the aasi Rives and Biscayne cap as. for example. hY interior t' deign ` of the main !loos level. d. Attentian should be giver to shade and laadseapinq at t`:e podiusi level. These concerns. as shorn in construction documents. are subject to z'Ianniaq Department approral prior to the issuance od a buildiaq pesmtt !or paskiaq amd am enclosed areas. 110CLits for such matters as ftan"tfonssear+all res:ovation - L and site preparation vill be issued, however. upon Proper applications tlure:are► „Ike �- • before such approval is required. � - s3 zyi 3. The applicant will dedicate a pedestrian easement at noh less ,ssi ., , Y . ,. r e a.I t$a'zr',, +t..i''�}°.rq.t�-,�¢�s"5��4 ,�•�`'k��• S°�- to the City of Miami in perpetuity foe M!•asii River aallc; and >faYlsesnt fta�F paspeses, and will conetxvV% the Wa& cad �to+r4.de �Eus�titp�s ash - Al a 7 ,).F• a `�I _i ti<.. 'Y .4. Kiyt £ur ai<r f �� k fii`S7 } e ,� b the Cl o! The esn�F Mi�>rz __ I W�Rrf y '' €' � €-,?.�.t.y 'r i..�,"� 's.� 'P' a • � z��¢Yt F��rk;#��'y F,� - • a"a mad ad j aotat ps vats `spy � Bray► ; � -_ ��.i�. � _ i t �:,;v rtiS .�.Y - tf "W�'� a•�P•'•i`�uy1yr �� :�r#3.� i aid �.x'� aF'c 34 prOef�t gtablihseaRs♦ *►hilt �tsste�eq�1'+astP1�p ^'�:s!a'� I'� , r'.:� c7<yt ':r�iray,; aL-d ,�, "«�.r��i="':�'� %r�•'.��•+�f^ rsF `k��a�i��+�{L }�, �r .tk^ Resi►bilty �oac pestaut :pl< t� ii xFi ..y7ty*�4a4b 'W''•N ' } }Lk F•4... • P. r •• r —*"a Pik i• . .: •.. .+ J ..►ii•r r+• •rf.... .N..+M+.iYrrr •rr •. ",Wft.dF. w4pM rr«•.. s •irMi w. r , r I r. r1l�:.• .: wr.y..�• .` _ .ary r•:.ra. rr s MM Y: • .S S.a • a « �i•...•., ..d-may. •. T• •..'.i. �►1iN+�uM•�r 'L,�I.� ~ti•�'art.�L!H�•4iL••i ... 3— Pesmits for such matters as foundations, seawall renovation .and site prtpar will be issued. however, upon Proper applications therefor before. such approval is required. 4. The Applicant shall.provida Imndscapo trea=ent far the easterly end of ry Chopin ptasa as a means of conneoti.aq the Saylront Walk with BaYtsont Park, at least comparable to the diaansions of the sayfsont Walk,.with maintenance by rise Applicant. Final landscape plans are subject to approval of the PI t and Parks Dapastsent. x- S. subject to.obtaininq AU necessary pesmits and approvals, in. the event'77- z� A. that. a Dwntown People mover station is located at, or in the vicinity Biscayne Boulevard between SE tad sad Ud Avenues , then r2se *►pplica;st psov dt as upper level pedestrian coatsaotioa`to the station. r � .. .6. In the event that the developer is successful in aaquirinq owneYship of least three of the lour blocks in adjacent Dulont Plaza, than the;_Applicant<7 shall consider the provision of an isppor lavel pedestrian eonneetiost frost rim this project to the Applicant's future development in DuPont Plana. t 4 m Tralfte Access and Parkin . ermit, for -- 7. Prior to the issuance of s buildl.tsq p Q�trJdaq a�sd :enelodsd*r (pessits for suet matters. is foundatJ=L seawall seao�►atlOR t '.. . . •<�. r r � vsY £�+. �`�s`i. ",art"x will be Lee"" hewev%r, ugoa . psop�r appll.eatioas ;tl��R# `•t� p �p Ls mi). the AppliO3 at'sbalh. 'usl�q asa►gs�R#eft. � able; to the Dade COMM Dagart�eaat of f=C Soot ylo=ida W�gio�l p3raniAq Co it t"�ane�� - D�eiata dace asld d�eu�at�tlaa ' AlSl,6'miS,tvt��fr td � , r I r. r1l�:.• .: wr.y..�• .` _ .ary r•:.ra. rr s MM Y: • .S S.a • a « �i•...•., ..d-may. •. T• •..'.i. �►1iN+�uM•�r 'L,�I.� ~ti•�'art.�L!H�•4iL••i ... 3— Pesmits for such matters as foundations, seawall renovation .and site prtpar will be issued. however, upon Proper applications therefor before. such approval is required. 4. The Applicant shall.provida Imndscapo trea=ent far the easterly end of ry Chopin ptasa as a means of conneoti.aq the Saylront Walk with BaYtsont Park, at least comparable to the diaansions of the sayfsont Walk,.with maintenance by rise Applicant. Final landscape plans are subject to approval of the PI t and Parks Dapastsent. x- S. subject to.obtaininq AU necessary pesmits and approvals, in. the event'77- z� A. that. a Dwntown People mover station is located at, or in the vicinity Biscayne Boulevard between SE tad sad Ud Avenues , then r2se *►pplica;st psov dt as upper level pedestrian coatsaotioa`to the station. r � .. .6. In the event that the developer is successful in aaquirinq owneYship of least three of the lour blocks in adjacent Dulont Plaza, than the;_Applicant<7 shall consider the provision of an isppor lavel pedestrian eonneetiost frost rim this project to the Applicant's future development in DuPont Plana. t 4 m Tralfte Access and Parkin . ermit, for -- 7. Prior to the issuance of s buildl.tsq p Q�trJdaq a�sd :enelodsd*r (pessits for suet matters. is foundatJ=L seawall seao�►atlOR t '.. . . •<�. r r � vsY £�+. �`�s`i. ",art"x will be Lee"" hewev%r, ugoa . psop�r appll.eatioas ;tl��R# `•t� p �p Ls mi). the AppliO3 at'sbalh. 'usl�q asa►gs�R#eft. � able; to the Dade COMM Dagart�eaat of f=C Soot ylo=ida W�gio�l p3raniAq Co it t"�ane�� - D�eiata dace asld d�eu�at�tlaa ' AlSl,6'miS,tvt��fr td � • r i i •�r'�rw�r�•.iw'rrr.•r.r�..i► ' r ..►rr.�r..rra+. ++�•.Maw, •.rr� a.r.+r ..�+ir.. a�•C: wyr�.. + •••rrM+rY�•+i�a.w��•1�••ry'�•�M1��1M•'1.'I�r�rw O#��i1Nw6iYW'pn ai -- data and documentation shall -also include projections &OMPt*ble to the tatty. to Council and the County establ SMA9 when iaplesri` Y • tation of interim solutions shall be required is whole'or in"past, • r 1 .�— Such projections shall be rev Stu annually after bagiMia9'6! xi ` occupancy and. when appropriate, modified by the City,the`Couneil ! r' °4 , - and the County, TheApplicantshall pay its equitable share Of the cost of impleaentinq the acceptable iatarts impsovemenes P=3or°Le. the aasuance of a` buildinq'permit for pasidag and=enelosid areas . - rx tpesmfts !or aueh':aattars as -foundation.: sea rill tenevaeion `and F4— site preparation will be issued ; horewpe a.'' upon Pror ` appl3eitioeis " t 'therefor before urli approvsl:•is saquirsdl.: l►pplieaiit shall° y, h estimate is s manner acceptable to the City or: 4 _ Ftd T . iyv ••' i is5r 1 • o , ,+ s A i :�, 4 .a rs t � .•_ �, Y. 5 s .r rt , c +, r . i.. <- r `�...c # 1 is r s ` q; J d �q t , �,f +% y Y �� y � f� Fs�y � aa' — r}lhai-Cik''- -�;��,�}}--x r,i�L—.-Gr1f�k ..•..,�a; �`, _ .. .. ,. ... - .,-`.�-��F i, _..r��' b.;.<'- .0 ��'..4Sr. "F•T. .. .. i - •i •••i •• V..�..`•�r•. a• •. •I..�N r. aOwY.•..,rrl►r•rYr .w •!.• ryb•/r.r .. � . - .. r �:5.: i I" .. .•V. • ��...r.d r. r _ . �r • .- .. •r. wriw • w. Y V•VYF�r.ri. aim 400404� —f '•i •.i. .» • :«Oi iMN.�•+fly iiii r.:"�t .i.i. •IY•. ..w•fl t, .;p. 4 ••»`• i • ' .y. .Y•i •..1.1� ..H!: �. i i .r.• W.•..� •i .� • .r.iiiY i thCounty, such equitable shut and bond that amount with the City or the Cc unty• e esmit for eking and enclosed areas (Versus ` prior to the issuance of a building p P for such =attars as foundations, seawall renovation and site preparation will be issued, however, upon proper applications, therefor before such approval is requixsd) the Applicant shall obtain a eomm.ttaat on the part of the City and the Courtty co inplemsnt the acceptable incaria inprovamants by tbm cis indicated by the pra�act== = _ and co=sLtrancs chap be seat to the Coital Copies of doeuaents, data3l snd`iaeor?otact into the Applioadoa for Development Approval- g• The Applicant vill fund the following improvements to Biscayne Boulevasd along t'a J: site which art accessary to aeeomsodata Ba11 Point traffic: provision of four , traffic laaise Moa Biscayne Boulevard from the southernmost site access point' to S8 Zak•' ` ropert, necessary for such i=provaamtse ll- ssmovai of say p Y Strasc and widedicate Strut, rovision of a traffic Signal, at SE 3rd Skraet, sul a� island tau SE 3rd S ? h of } yy t tion of a seeoad left turn lane northbound onto SE tad Street. Zf approved sates tmp es, uadar 7 above, obviate the need for any of these progements. such mprovsmants(s) shall not be required. = i .9. The Applicant will rasssva the land located vest and south of the eastern 's�g�t-of•�++ au and Will dedicate that land eo the appropri of Biscayne Boulevard extended, gover • Ri!• sees meat agency if the land is required for coastruc'ticn of a Miami RSver crossing the event this such construction doss not proceed, wiU dadicats that �aa►d � Ll City of Miami for s public purpose. 17 �;:. • it. vi.ch 'she City off, 1p Applicant Will Associate,an agr y' " Plssa unobs fret by paskinB ; mosarato�C r.on Chopin trsftic l tad rry 1. s rf S .. . �3 .. . _' -0 w1G .^,'`�h..�•'u'�'...+-1� �. -. •'3 '3'rer 3 <'`> 'S �1' S-y ��' With the balatnes of rigbt*o#-+r+sy as Cho#.a Pl� .to the hot" y� � i �i Hf r„rr ,r � t ,t ti ;"' b ::H,.s 4.'',"E.;��. ac'> Ft �j{•rif Pd �A..r�..•,�."' i^i �.�. �a .J�y� �� — River.aay#roa+� Walk pu;aosss end: otlp a. approved ase. Zs►� � � }� " 'y... � _- fir-?,. £k`a', zq.,? �{;"S"D sx I•r . �. �� h'�' 7btx�rk� l k , 5`.�,�" ��,� '�'�#t'`��5�*4 :knOmYtc '• �.. .r�► r= �t�'t A�lL_ . +�f}rlUM1II�tMlt1! T.r..c.r77 .r ,,,+,.-s �'�t •��r5 �}fh YE }t. . Jx�'a ;.�:�.f rL h 4 v i ��•�ja - •.1%y�y .nsa�4w•,yilYYi��i�e �. •4it iywciiri'; ,r kh�r�; i i A'irw. � + a • a , .. -• �r•�••r• rear • .• _ i . L � .. - ar.Y.�11•iii r1i a*! . .+.rrrrr.i.+rr:i.jai:wr...r•�.rr...r.r7w•.�.++�rrrrrr� Q` r�.rrr.�.. .�.��,� wr..r:rri:rw..rrr+r..riA r _ .. .. .•.�// •urn�ir.Nw ••••�.+•'�.'tNR�rrw�.�•r�1�iVnF�wM��YVryaNW• � •.'r.a.�..r.lil�•�N W'Yi ', , . a '�+.�r..r .rr �•irY•Nr�ir•i: ils+yr . / • r r.. t.3• !•r ..rr ox t i • a. i r r i I _ a•, 11. The Applicant will provide at least the equivalent of 'PIS*apneas that would be required by the Cade County Zcninq cc" ,(section 33-1Z4(a�,! for .. :-Oxclusivs use by condominium residents and quests.., The 1►pplieant map; ? provide such parkinq supply through construction of addisioaal null -parking: faeilitiess through facility redesigns through design for and provisioas;,of +. valet parking, or a combination of the above methods. ' { Environmental _ i 120 The Applicant will report to the, South Florida Raqional Planning Comscil t» _ results og its marine comssmsity snsvey before proceeding on ssaaral] reaovatt# Zf visble marine communities are detected, t,'sa Applicant Will'ineosp�otytee. in its Corps of Engineers pesmit application, measures to atiis3mise mpaes psi seawaJ4 reaovatiom on these organisms. �? 13. The Applicant will inform the Dade County Historic survey of the inospeiasr t. • and timing of excavation for the project. 14. The Applicant shall secure a Complex souses permit prior to s!s ineepti0ti o YCC4 on. 1S. This Develvpsant Order shall be nn11 and void ,L! substanttal• d�rs the site has not befum with two ears e! the Y �t'eaosdttd �a1� of�t�t.�< RI 16. Applicant Will iACorpow, a a+ddi tioaa t o y uu ,r •by {i t. �-i r'�•MF �S "; f `{ Dave�l..pe t.' T•`lr.R! a � .. � t + i '• �' r ' J;}ii 'I� ` aRfa,'.� •*'�A3 ^ r ;. otigiA,#►L aHb�.f,saOn Of. the'AlA�i$ for :�.... .. � r •ia � r .. . • • .+YD•++ •�,1YIY a ' . �• iG aA � u .:, -� _ R J"R Ala Ti wit 7'. i p S 7 ' 2 � 1 f�j � x t �i�{"5 t' x � �i •i xF �(' • >a,f, t s c y�1� /s y i1P iF31, r J4j, %, � �{ � as - - { r-4 {. r7 a + F-..'A c s ti•,.R } j� of tAt411,t�t 4 CdAlt N CiC to MATY 1 City Nlt�t�ttr tfty0eikaY _ ur. a ',"VL F 1� Y a� s aryl April#' 20; 1989 a Mr. Thomas Pelham; Secretary S� Florida Department of Community Affairs 2740 Centerview Drive` Tallahassee; FL 32399 a� Dear Mr. Pelham: �r _Y Enclosed herein please find a copy of Resolution No."89-302 which was passed and adopted by the City of Miami Commission at its T meeting.held on March 2301989; and which is self-explanatory. a." On.behalf of the City of Miami; thank you for your attention. Vey truly. yours; Fr? k72 . 7T , y P L tty Hirai City Clerk 75 s; MHsvg r i Enc. a/B f A Y� }' fNo,Nn C. OFFICE OF THE CITY CI.ERK/Chy Hsll/3500 Pan American Driveffl o.6ox 330705/Mlami, Florids �3 1-g70tr/� � S► Q �, f jtTl , x• 1 �.. . ky, � 1 k T � .� �"�' € ? ,' y sx:t'r 1 -:�`, •. at 3°., .,,: z�'T) } h `* a.. �t tazi - f �� {� fit. �� i c '• l Mix 4� � �� r g� i , r f tni MAM HIRAI City Clark "kt c3 ' ,�, f a,��-.17.'} t '�-�! e:T' fF `?� 1k* -�' � � k•i � l .'. -: �' � Yf � ..'{'- � � � .yt-.' P � M -f �' � �:F � ; Y��tt � S I "F C � y. •£ t T k:' i� f��i, r x REQUEST BACKGROUND southerly site, although the pity i nstal,led a to < < Bay�R� verve city's`�easenK'nt. y t ANALYSIS The applicant has requested:''d Condition 5' of -;the} 'original , Oevel of which condition. obligated the a construct an overhead pedestrian.': the project to a Downtdwn ° People if one were to be located. in the, " Biscayne Boulevard, between' S.E. [Streets]. At that time (19 visualized that the station. would opposite the project .on Biscayne`;;ac matter, of fact, .that tatiQ was moved to S.E. 3rd Street and thef Station:was:moved;to a,locet on: t ' This,lettOr stet and Streets, copnectioni i s now , ` the s a sbi u`t fQr rgllef=, 'gplicants reqos tianr '1"� t the apP.l i cant s > p i 1 from °Mery Qade tountYub�,�1 �' d ;claiming 'e need four ov r is 3 connections af7 J � Y BaS5W�t$' T�_ f y { _ y Issued June I`.and'August"2'9,..1988� respectively, the applicant is.-, obligated tO in�piiement construction of the,decorative pav�eg ``do�i ned 1e-Marx thej r''enowned ` riaxi1ian by Roberto Bur.rConission .rri the Artist,.as approved byF Biscayne Boulevard`:.Master, plan�aDevpoment�: commencing in threehyears-i and, ,Fs�bjetYto a comp I tion of ublic riv`atet funding. a mplementation package. `' ' r �` oses .` to :.advance th i s — The appl i cant now; t PAP obl idig1 by ..,future decorative °paving g substituting a new Condition by whc htwould undertake more ., joi*diate = constructioe q� the decorative paving-"'. r, yet', e-NNzk l 2. ENQATION RECOMM 4 rP �a 7. h ndAeCor� ive pa a aent PLANNING `r : APPVe, prov�ded;'that� x _, ?,... artial�l . �NGude the exten$ed to{ p rt, DEPA T treatment4 i� ton 5 RTMEN e' er"Stat^ionf `and n 6ayfront' Metromov. 2 of the ResolutionQ p�nclo.�:t#z t anorovNil Al of a �Met#�o Dade Transnortat'on Aaen�v and fi�.ro DadeDeuartme 1. yd m . t •r 6kM. e .� ..„tr.f i 7 ,� - ','`i%f !'t ttr+,yt ,seeg�rrr51 1` F. '��r<r�� .'"� : y F'Ik '� F ' a>• +9k ""�.,"Myr,'"ta4'ir�w�,� n t`�� t,'�i�,L��'�. -- ^" T -- _ • { 1 • 1 L• is N of 10 IT 10 s1 if wJ 1• f+ fe tY r i— N.li. 2 ST 10 4 • t i j T !J i Ip to I TA r♦ t — y • j0 0 u NE• i ST• ° CD Z so 10Iss ••► I i 11 601 4 31 a Joe W _ 7 g1 1= 1/ 1♦ 1/ 11 IT 1• D / Z j j ; .- 3 EAST f L A G L E I T `j- : A 237 N < N. o� 67 �L} MIAN pL� i >too !ss Age a HIn, P1111dli►Z --� -- 2 ST K = r *a so #;q T 1 f J II •XRK .044 •:':`:•: •' :•'•'r•••:: r...14•.rr:.�yr.,•.• .'• • t 1 t 'r'} 1:• •'• r•'�'�{ ;.:;r, •:•;';'i'.:•r'• .. r r•• t, ub fect '%•ss••'•''•{� • .}.titir}.} �N n• ss f• .•. t- .•• So 6- .:?jr:;:•= :• ;:;•r,.;:;;r•.;f; {r.;:•'r,'.;:r •r.•:: " r• 2 S 3 i . go BISCAYNE SOULEVARO WAY P �►r yki— 00 J� C l4 f v t�r„t'l�;xalt RtC - '- . 41 `., 1 DATE / t ' The under signed, being the owner or the representative of the owner of the property located at 201 S. Biscayne Boulevard and 100 . 1 Chopin -Plaza, Miami AND MORE PARTICULARLY DESCRIBED AS: See Exhibit A attached hereto. "a . escr p on do(es) respectfully..,request the approval. Of the. City of Mi ad for-the'Y —, fallowing aaiendment(s)-to the Development Order for the above -described property as defined by Florida Statute 380.06:_ " 964 jg6ti fication of Pro oaed `Change to a Pre" rr,ously`'Approved Development `of`'Regional ".' Tmoa * (DRI) Subsection:380 06(19), Florida �E —1 ubm tted'`herewithe' -- { ' .. .. .... SIGNI►TURE fJ ✓ �� i� k ; 1 r y rcowr t, NAME Tsaf f rAV Dercow, P.A. ADDRESS st .1 Rector & Davis, 4000 S.E:. FinaacialCanter CITY, STATE. ZIP Miami, Florida 33131-2398 This application is approved denied L f r' in accord with City Comission on Resolution No* w r other s Sow 6t rZ ti ri �y rl7 f" ? t.Xr•�yYh ( r i rA( .'�i,yyi'r�h-�V� kVw. �`� y��F�� '�� ,+ - r � x � ti V � t o-�rr��l`�y��t•7��*I�r"' �4� ,: .. , -.. .. f �. 1. - f . ✓: '., .t... ,.'.'„ �. �-"_! .� .... ...'+.;5• >'�`x.* � {�!�! _`'x�i'.�,.i2�",'%s,14:� �':.. 4 A D- AN tT 00', OF DAM %rcjre me, the undersigned authority, this day PersOTA11Y Ire firm duly swornf appearedJeffrey _ Bercow A. wtO being by upon oath, deposes and says: Rb 1. That he is the owner, or the legal representative of the application for a public heariM as owner, submitting the accompanyingti required by onUmnce No. 9500 of the Code of the city Of Miami. Florida, ity of Miad as described andp rfeming the real prOperty located in the C 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 A to act, in their bekiLU for the,change, full and complete pemdssion for him or modification Of a classification or regulation of zw1ing asset out in the accaq%mYing Petition. That the pages attached hereto and made a part of this . . . . . . . . . . . . . ddres=,beg ases, sand affidavit contain the current rMws adlin legal descriptions for the real propertywhich he is the owner or legal entative. application- and, documents represented In the 4a e fat" as Th submitt ad in conjunction with this affidavit are true and correct. zTatif Further Affiant SaYeth not* rr J. Sworn to, and Subscribed before me this &W, or An) to of. Florida at Large jjt0A - 14ARI FL Vk li"'.' q t'o {1 iii. ! i OWNER'S Owner's Namey Miami Center Hoid-in P�Ai r *55 • _ i Mailing Address - l00 Ghbpih Plazd, . Miami ► Plorida 33131 Telephone Number (305) 577-2945 (Jeffrey Bercow. P.A.), Legal Description: See Exhibit A Owner'a Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address . Telephone Number Legal Description: Any other real estate property owned individually, jointly,.o'r severally (by corporation, partnership or privately) within 375 of the subject site is listed as follows: r Street Address Legal.. Description G F Street Address Legal Description gg t Smi {L s J f r a t ! x yrT ;` p D29CM SM OF CWMHIP 1. Legal description and street address of subject real propertys See Exhibit A 2. Owner(s) of subject real property and percentage of ownership. Notes City of Miami Ordinanca No. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question f2 requires disclosure of all shareholders of corporations, beneficiaries of trustso, and/or any other interested parties, together with their addresses and proportionate interest. City National Bank of Miami, as Tr See under Land Trust No. 5008793 •- ldJ �o The beneficiary under this true is H.C. Holdings Partners which is composed of the corporate entities identified in Exhibit B. �; 'a... �"♦s2G'Wwaf, v: »fir++ ti MCHIBIT A Phase 1 of Miami Center i ' (The northerly, developed 5.45 acres of property subject to the Miami Center I Development order) A portion of Tract D. Block 1, of DUPONT PLAZAaccording to plat thereof as recorded in Plat Hook SO at page 11. of the Public ; Records of Dade -County, Florida, being more particularly described as follows: in at Northeast corner -of said Tract D " and,: run :West` along the North line of. TractD -for 645.94 feet to a Point of Curvature: r thenceSouthwesterly along a circular. curve t Z to `the left having a radius of 25.,00 feet and 'a, -:central angle of 61 degrees 26 minutes d0 seconds for, _an arc distance of .26.81. feet to zFxt� a Point of Compound Curvature;: thence . southerly. along. a circular curve to the left a a central r t having a radius.of 300.00. feet:. and, r r angle. of" 28 degrees 34 minutes OO seconds for tta an, arc. distance., of, 149.feet .to ;Point Tangency:` 'thence" south for .293.50 feet:. (said last mentioned :four courses being coincideatr� - with the bow asy Tines ' of said Tract'D); } t. thence East:'for`179.41 feet; hence -Mort or 1t0:00' feeet;" thence East _for 525.36. feet: thence North:. 0.degrees 04 �,; minutes 07 seconds f; } West along ,.the East- line "of said Tract: D 3Q0 00 f est' to "-;the Point of Beginning:; ;:yinct and. bei' - in the City of Miami, Dade County, "' 3 4 Florida. js r ,1 rgr • 4 3 ♦.� R t > .' A �5 J 'F' ., T r : k1v Fi �4 )'K-�'i�''r'}.} 7- r 0 j i 1 1 12 1) Bruce Rappaport 5 Queai Du Hont Blanc Geneva Switzerland (Indirect beneficial* owner of 2,000,000 share';'. - representing six percent (6%) ownership.) 21 Eoployee Stock Ownership Plan of The Bank of New York Coupany, The Bank of New York, as Trustee 48 hall; Street { New York, New York 10015 —1- (Indirect of 1,718,Q18 shares:,,:representing .'owner five and two/tenths percent (5.2) ownership.1 jut _ .. XN 1 - 5 i I Lf: J� �rY•r t � t F wt F°•t ,4'db. I 57 �}�, y,5 r� S. r _ t z.S � c,� A f j � S.k � v� y�,h�r, �•. �� v at iFi� �]' i d:..i . r 1 ... ., .fl�S _, f A ,' ., ..�. .. .,. ... .. .. ...i r5-_.rl.. `... ik$3�"-f `R4.^�'✓�}?� :��?'�i�� i t S H.D. LIQUIDATIONS, INC. One Nall Street, 16th floor New York, New York 10015 1. Officers: H. F. Dietz President J. B. Baldwin Vice President f N. R. Kimball Vice!President J. B. Schreier Secretary la B: K. Finneran Treasurer a 4p V 2. Ownerships H. ``D. Liquidatis on, ' Inc: is' a wholly i oanerl `' �a�# subsidiary oft ~* A Irving Trust Co®pany Pt ', 5 l�v ifli One Nall Street x, New York, NeM York 10015` ' Ti N B. Principal Officers: J. Carter Bacot 'Chairman` Samuel E. Chevalier Vice: Chairman David M. Mace Presiders �.' Jacqueline HcSwiggan`°; secretary,. Anthony R.-Burrieaci General'°Compsroller C. Ownership: Irving,'Trust Company is a wholly ownod ' Subsidiary ofs4 1) Irving Bank Corporation''* One Wall 'Street New York, New York 10015 4 2), Principal' Officerss' r ) T /gt' til r + wAA♦ /y }� j w J• canter BaCV Y�: c>"ti�►i�c�an 1. Seiue '1': Ch4v►1.earrea�i� iRM �Ff Jacqueline He13w 9,94tf ' + Alvin �.•, �+�g�.eiter �,�a��C~�. r"` ��`` - ? 0wnexship 3 �ViAq eNk CQrPQ, 4 , QVb.a.idJ,ar7.:'-Y.-� .. _ ... .... ...y?r._..+.C>. G,..t`dS'•�ta"s.+.`lFw..t?a_..•.. i -�F•t.+tGLii}. M..3+. 1V.Ab Hry,y,Cgd/f6; �� P } 1 i ' b) Officers: J. Carter Bacot Chairman 1" p%ter Herrick President Deno D. `Papageorge Sr. Exec. V. President'; Richard D. rield ExecutiveV.President,; Newton P.S. Merrill ExecutiveV.Presi'dent Robert E. Keilman Comptroller Charles E. Rappold Secretary. c) Ownership:. The Bank of New York Company, is a publicly held corporation listed and. _trad ed on 'the Nea`York Stock Exchange. Based on the 1987 lOK Report, _ dated-, Fie brary . 26 'the total number of ;outstanding hares of coa ', man stocks `totals 33,112, 578,, with the follow- . ing owning 5� or more of Outstanding shares: i. Bruce -:Rappaport tt } 5=Queai Du lioiit`Hsnc { Geneva Switzerland` r (Indir`ect ` beneficial owner: of '2 r 008 r OQ M} sha're' Frepresanting' six percent ownership. i ii, �'' Eeployee Stock Ownership. Plan of The..Bank of New York Coigpany� she. Hank of lieu York, ' as Trustee 48 Nall Street"r sue. —` i1eN York, 8eM 'Yo=k' 3 (Indirect; owner of 1, 718,O'8{sharee p; rt representing five''and'`two % ten ths psreat :'s r.. (5.2$) ownership } J a3 - g y y � � `F"` ^5 .€`€T G ifJ .f.. \ + d x �.f€.,�•3h �Qt 3. a J t'-. � Y4'E.I'r,r, �'4 Jt�i�f� xxE 3) Ownership: American Security Corporation is 100t —➢ owned by: a) H N C Financial 10 Light Street Baltimore, Haryland 21203 b) Principal Officers: Alan P. Hoblitzell, Jr. Chairman _ Daniel J. Callahan, III President William H.,, Vice ,Chairman DiigerJr. Harry E. Wri ht;` Jr. Exec. Vice.P.res. g,.. . Michael C.` Middleton B,xec.. Vi+ce:Pree.'. ,. John P. Nickles Exec. Vice P�cea. ` 5 . Vice.," Presdent', Edward J.3taxk Secretary ` Vice,,P,reaident' David J. Spilman H�r c ) ` Ownership s e A publicly hi�ldw Corporation 'listed, and traded' °on" the; t;eN' ¢Y*'tC Stock ;Euchange,,, There are, no shar'eholdeis 'owninig five pa;�tcent or,more', of tihe stock of M N C Financi'ahy r r li, 1 } x k x {.. ; W W r" .YY 4T 1v F e.{ �,> , } i N l y(. ''. J3 .. l•Kq i 'ar 1 4 SJ. Cr ..+i ff '' ' x'� _ __ � 7 A K Sh,FG- ,c s1 � �^. �. . { n ` • 2) Due to the large size of the organization, offilcer-�":. -, names are not provided, however, key management lsv Robert:H. Smith President George H. Bender, Jr. Vice Chairman Jerry A. Grundhofer Vice Chairman David R. Lovejoy Vice Chairman John P. Singleton Vice Chairman E. Lowe - Executive Vice President president Irving ing Hargol Executive Vice V ownerships .. Security.Pacific National Bank_ is owned bys a) Security Pacific Corporation, 333 South Hope Street Los - Angeles;-, California 90060, Due _to kthe. :-lAr ge size of. ;the organization,.,f office 'provided;: however,: keY�i r names. 'are not Tffrs...... management'iss Richard Chairman," George..Hoo 'Presi Robert R. -Smith - �/ce�:Chairma William F. R obert C.,CoFtew4Ly.I ViceC a rman JohnP. Kooken Chiii David R�. z� Love I oY vildil; 44 *L X :_John P.; Singleton VideCha Corporation 4 Secgr ity -, Pacific c,) Ownership: -.aded.� on t StOak listed a Exchange withC e V!k,, Ca.. o., Depository Trust Company, Sevenre� Hanover� York 10004,; owns-A' : five ;.percent of'.the stock F j,pj.Lc*fic:Corporati Lder j' with LT i K�RAO i AT Own i4, Yr' ¢¢hh1 Cam" 4, C.K.H.B. CORPORATION 1271 Avenue of the Americas New York, New York 10020 21 1. Officers: Yamaguchi President ?' G• Jagendorf, Vice President.,' k J. Incandela Treasurer R. Hand Secretary,:.,:, 2. 0`+nership: C.K.H.B...Corp.oration..is, a wholly owned subsidinry of: A. THE BANK OP,,,TOKYO TRUST;COKPAEY l0O Broadway gaw York, New:York 10020 8 Ofticerst �� H. Hayashi President = i Preaide+nt r �, H. Clifton Whitexe } f.<:Ecutive.Vice e Peai,d E`Seiki "Exec utive Vient T. Eujino Executive=:Vice "President ' R. Hand Secretary x. fA q Ownership: The.;QAnk_ of Toyko Truat Company irs <"a Wholi�t" MW C. owned d subsidiary of: TOKYp LTD. 1) THE .BANK OF < ; .t> 3-2; Ni#sotbashi'Hon90 xucho <,s yx F' , 1 chops:, Chuo-ku,. Tokyo; Japam . w 2EAE 2) Principal Officers: xh ," H.Inouya President t$� f�a _ T Miyazeiki' De�xY 8reid¢At t ? �tF. a} Y,`z • _ Q ii4e :��Oputy Prelsde'At:�t fir;°'"�'rt' t Mntumatq DeptY T.dka4ak nd 4 �WVV WRL r s. HOTEL TOWER e ' OFFICE TOWER : S° - WV RI v. SITE PLAN �-�- •�� NO; SCALE vi t s SITE:' PLAN NO SCALE �v GARAGE�s p PHASE M iz RUSSE-LL`' gARTERHIP INC. HIBIT "�� • ; iREVISEOf M"ASTM .DEVELOP'MENT PLAN } ROOF PLAN 1 r � •%'` � Aq'MlCIIIr �� i _#`i ]�2` So„Mws Twr�faAt 8r"! Mrnp ftv+u. pU5 PffiF -t� �. _ an' .'t',..:...�. $ a , ..:,'„cfi �. :, ..., '£^._ ..• d..,."`ir.. ,:C - �;'_',�". <,. .,-. `}. ..,.. , f _ ..q f+�`llt .. , .. .. ._ _ .. ... , .... ,rc..�.. 7 � T 3 L . �l17l7� . Rt ESOLUT20t NO. 79-396 , A RESOLUTION OF THE CITY OF MIAMI CO''0iZSSZON AUTIiORYZItiC IS5UAj4CE OF A DEVELOP:'IENT ORDER, APPROVING WITH 1101)IFICATIONS , THE BALL POI:ZT PROJECT, A DEVELOPM .nT OF REGIONAL IMPACt. PROPOSED BY. HOLVELL CORPORATIOL'PN', FOR TRACT D, DOVT PLAZA (50-11), LOCATED ON. THE NORTH BANK v AND AT THE 11OUTH OF THE MIX31 RIVER, Alt : ER CO:t- DUCTZ:IG APUBLIC HEARING. AS REQUIRED BY CHAPTER 380.06, FLORIDA STATUTES, AND CONSIDERING THE ` REPORT 94D RECOXMXDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE PLANNING ADVISORY BOARD OF THE CITY OF H THE CONDITIONS ' OF THE DL• cJELOP'.*I'T ORDER FATTACHED To HEJECT RETO AS E.�IB IT "A" S THE RECO:�YDATION,a OF , THE SOUTH FLORIDA FEGIONAL COUNCIL ATTACHED HERETO AS EFriIBIT "B"; AND THE APPLICA r r , TION FOR DEVELOP2D:NT APPROVAL I�'COP..904ATED BY REFTREL'1 CE; FI:DI,TC CTHAo T?LCH4NG' SOUTHPRPOSED.S 04 ,.AAv"TOBY REGIONAL PLA:vvIN: COU::CiL INVOL ,NO SUBSTANTIAL DEVIATION; FURTHE3 DIRECTZNG THE. —CITY CLERK TO SEND THE RESOLUTE N TO AFzCTED AG'c:,CIES An DEVELOPER, r WIiE_S , Tha. Miami Planning Advisory Board., at its neati-t =: 8 held on may lb, 1979, Item n I,, following .ras advert:.s:d.'.:zsirisig, f adopted Resolution No. PAB-23-7.9 by a 7 to .0 vote' (l:memoer �+bses recommending approval of the Development; Order. fo,r'. the„'Ball Project, a Development of Regional Impact, as hereinaftar-sct foil• and t� FIDIDINGS OF FACT ,,. — =s WHEREAS. Holyc,,ell Corporation has . proposed the: undertak.ng the Ball Point Project, a Development - of.. Regional Impact, defined by Chapter 22F-2, Rules of the State .of Florida , -De per' of Administration, located within the :City of Miami, on a.:trig Qf `� vat 8.46 acres. at the North bank.. and at the,. h of the, Mu' ama{ comprised of 805 400 s uare feet, of gross o Qffice } { ~ e �spatca.} units in a structure oncaiain40Q, Y . 65a cB . square fe�e�9.oE Bro; space; 500 dwelling unties 8S' 000:; r,r rT retail use, Wand 2,365 Parkin + ♦ p king spades ; aad x 4 }.�n u3k, yr �t i { I ' lI I WHEREAS, HolyWell Corporation has submitted a co1'ete -z- ( Application for Development Approval for Development of Ragionatl Impadt to that South Florida Regional Planning Council• pyrsuant to I' Chapter 380.06 Florida Statutes, and did receive a favatabie 4 1 ! recommendation for a proposed development order on May 7 , ' '197.9 I u ;. as set forth in the -Report and Recommendations of the South Florida, 6sional Planning Council attached hereto as Exhibit`'B" and made j, part hereof; 'and w'HERZAS, the Application for Development Approval, :�s rest eae" d� j by the South Florida Regional Planning Council,referred to tn`+3ffi. building with 928,200 square feet or gross office sp4c i &"hotel, str�sct::ra with 550,000 gross sgrare feet, and a parkin& st:uccurs `with 2,560 parking spaces, which does not amount to outstanding change from what is now proposed; and WFi . ZAS,-- Holywell Corporationi has cotplisd `with a21 the s requi- eWeats sot'.forth in Ordinance :.to:�8290 , and WdE. S, the City Commissim'-tas eoasidored.�-the R i t anc Recc=andations of .:the' South Florida Regional- larut P'ina Counoil t` and each', element required to be -considered "b f Chapter ". 80'. Florida Statute's;- and V CO ?CLUSIONS OF U14 ' WK %W the Ball Point''Projsct ' proposed byte `Holy►.�el1 Corporation complies with -the Miami Comprehensive: Nei'ghb'or:ood' PIa is ' consistent with the -orderly development ,':and goals of -the Ci` y of Miami, and complies with Iocal .and :developmen ,�.regulatinris}, Comprehensive Zoning :Ordinance 'No'.,- 6871; 'and X' rt, Wi�EP.EAS, th'e proposed developmentss mot unreasota#�a31 00 or with the achieveoent of the objettiaas of the &doped, * # ad eve opm,«s -; enz` Fla sm applieabI tcmthe L.sal C�•�9��i��, ` , proposd ,°davelQpsn tyYs o�ts e f y`''�7'afid` Ricoamtendati{on`s •of> rh°e So�t#� �o�r�da iit`��n�'-'`� � t aid' do�ep Yno �sne�ts'at�abl�r i0►ta�f�twi11+iy+ h r: eeti s het p pn "n i s. • fix . r • t.n:adeAS , ..:on. i663 =e g nte+d a var.ance f:cw tae 300 root 4eig::: li::zzt and granted Coodit;koa,+se aporoval for pariazg uses. as .allowed in Ordinance ';o. 6871. the A; Comprehensive Zoning Or3:.natace for the City of Miami; and WHEREAS. the City Cormission has determined that all require= vents of publication and other legal requtrements for the issuance of the proposed Development Order have been complied with; and WHEREAS. the City Commission deems it advis.able and in the i; best interests of the general wel.are of the City off' Miami to rt f t • r (tti- -� 'issue a Development Order for the.Develop-ant of Regional Imfl:ct. as hereinafter set forth; NOW. THEREFORE, BE IT Rt• SOLVED , BY THE Co tISSION OF 'r?E CITY OF MIA.%II. FLORIDA: Section 1. A Development Order, attached hereto as ExhibiC "A"= i approving with modi=ications, the Ball Point Project, a Develoz er.: o: Regional hpact, proposed by Hal,.ryell Cor=oratioa for Tract D, DUPONT PLAZA (30-11) , located on the North ;rank and at the mouth.;o... the aiami River, be and the same is hereby granted and .issued. Section 2. Tolle "&part and Recot:mendations of the South t- Florida Regional Planning Council dated May 7, 1979, is attached as- _:chi bit: � "B••, and made a part o£ this ' Develo-ant Order. Section 3. The Application for Development App. oval .is incorporated herein by reference and relied upon by the parties., in discharging their statutory duties under Chapter.380.06 Florida Statutes;. Substantial' compliance with the rapresentatiOns contained 't , — in thw Application for Development Approval is a.conditicn for approval unless waived or modified by agreement among the pa:pies: is Section 4. -Pursuant-to Section 380.06 (2), Florida Stato.ttes. the City of Miami has reviewed the proposed changes to.tha- Applica- �.• tion for Development Approval from that approved by the South; Fla=zoo Tfi Regional Planning Council, and finds no subs cantiai deviaciostz thee� tram• - Section 5 The City: Clerk is hereby iuthori�ed` etc¢ di,�+�� to; send' esrti.ed copies of this Resolution immIRdf�ata.)r, Florida Div#sign of State Planning, Departm dt Qf. A,d.z,`M _ R r f Room 330, Carlton Buildiog,,`Tallahas'see, 'Florida, 3g34 k`r,t�pfh ..r.,r• .r•rn: •.ter' •r a •.�..rr..wra..rr+.►.�...•• .w�+rw� r...«. �r�. ri.r.i.:.rwr•i:•• r ..Lrt3�•.r --7�a�;•�' . y��•r,�„�a, �'� .+wM �� •_ '++�w.rwrrSar•�:ia ilY�riartc r....�..rwlMP• ..•.ta.••ra �►•.• rn r'.�M...d.br11�� - II - - •fir•• .• • •ram• N.••.i• '•Wit YiAi/�. Y*low � WMIBrT A i ii DZV=PI ENT ORDER i Let it be known that pursuant to Chapter 380.0 Florida Statutes the 0 W of the City of !Miami Florida has considered in public hearing hold on May 24, � j the issuance of Development Order for Ball Point• a Development of Regional 10i to be located in the City of Miami. Pursuant to Ciapter 380.06 Florida Statutes and after due consideration of'ths_' consistency of this proposed development -with requlations, and the Report mad ,a Recommendations of the South Florida Regional Planning Council, he.Cos�mis�oa took the following actionsdevelopment;» ? •, . , q Approval of this with the following modifications. Development 1-, M 1. The development is limited to a project containing not mote than: 803. 0� square feet of gross office spacer 630 hotel units• in a•strueture S Y taini.nq 658,400 square feet of gross hotel spacer 560 dwe3.linq isi•tt 85,000 squaw feet of gross retail use meld 2,165 parking apaces* Z'hc project as proposed would comprise an average Floor Area patio":`of 6.36,E . f Ya r�A' .. �.... .. ., ;.' J `.- +.. "✓E t. �,-YAK Nc•4R �' �WMI�i'� the 8.46 acre site, approval having been previously granted for # vashilt� . J' I'd t t• ,t- , from the 300-foot Might limit and conditional use J,=rwal��Q� peeking uses. huseheri the lot cttrage �s,c�k �,, r �.+�a.. S F �.f Yivym: .a. •i yC`: rif; iriN/tiff ab� •`•34 open spear.: is ,,,,....� r thie enalased ped�e.aa op�sn s Hive is pewlopp"t . royal and the pre ialeas�[ deel� Tr ti J k�TL 1`d tint .fie lt, 4 t4,,'v4':. Jt•�xA' ..'C .F�`i.- 4 ,.5•'hYr .•4 plamaat ids t6d Mz.. *.� z A } _ ji iii� • W is IiW • ♦ C7y•. abw*. a • • +ti a •. i • . , k w # •y. ;:` j( - `rYri�iiii •IbfUiYrY6ii.�7itiY1 +11'j �''jV ysu 1t � i _ . .. t •.• :.Lw rill•.. , ... lk WAIL AD .•: o••. ter•.+.•••.wMrr.!'�i!ii.M•+R.•s.ri•tO•-4. .» - ', ••r .a �•♦• - ice.+i Y - jV 2. The applicant is aneouraged to address the lollowinq coumma about the proposed developsent: —i a. Activities should be incorporated alonq the River Walk in of#' I; rdeie:•to j provide insaaingful and continuous pedestrian experiences and +` attractions. • (� b. Attention should be given to the treatment of thi 8iseayne Boulevard facade to ' ameliorate the apparent bulk of the ststictisre c. Attention should be given within the project to psovid"g, Vii r o! the Mimi ldver and BiscayneT:ah Bay as, !or exaarpla R by y iritesior design of the taain'floor 'level . • d. Attention should is given to shade and landseapingrat the podiusi `�- level. r � u These concerns, as shown in construction.documents, are subjecttoPlauaq fi F.¢� N . Dspartaent approval prior to flit instance of a building permit for Pax* q nay enclosed are" Pssmits for such matters as foundations`. seawall restovatioa}� and site pesparation will be issued. however, prgper, pplieati'ons the lore. before such revel is required. y sr a" _ 3. Tlt" applicant 'will' dedicate a pedestrian easement o! not less tly2D ,las�,s{ Y• .. ": _.. - � S F�.$ .. t = b 7-. ,, Y9/•v"x�,�JjY 5h�n>yi to,the City of Mia�ti in pespatuity for Mia" a Wa3k #lid Bar, B Rive r +�s�+za�}. _ ' purposes • and will COnatrtiQt . the Walk cad provide fas�flsurte s '"{ y +. .l c . •� , 1 viF $t 3`-`. y "o >+ _'r § t �,• +t{ 3 f 31 i& w.1. 4, dessied aaaessaa7 by the City ;o! aPP11ee�1t � l 4 - . c7e£°' y,�s. "�u. i,? ,t ym� 1'S•i, a ,a�+a er.i ', ACY4 'w1'��3,f' •a�gvti•,y}�v"'9,'��'2H��: '.. stem• area ai►d ' add aesst psr+lvaee sp#eo to � allaM �� id�-�#� �. _- ;+ Z `#rotY �! f 5� •; ':..5. '' § ('u#j`Y {k+Y.F'•"l^' 3 .r ,¢h�9`y.,-._- ! ' ✓ � C' i�' PacoRot establish ts� Mlfile, #"VIA : epp op r �� .5'k7•; tl 1 �j ':Yr i ,'t' � 2 } 7w3'_4 �' -',•� Y N ?}rn � ?+�C �d�t?w�/�� /��«�j��,�;,f.k�+ i],ity for ift*'cYY it?� �1✓8 r r T ,;sue r - il�e wild be ##�1ed � �. dots s'-�� . a •• i .N�Y�' JM. �Ir♦ • • .�.�.. �. .� n/r��r i.. •• iM. WMN�Y�•�11.MY�M�i1M�l ♦iM�r i.��r�� • • ' • . •• r ..«.�•�Iw+:..}�..•«��.rr....t�1«hU�?��1�•�w��•�•fr«anw �i.iiPlM/�pYi+.�. ,-,. ,i data and "documentation shall also'iacluds projections aoeeptable' to the City. the Coureil and the County, establishing when i*Lftlfth tation of interim solutions shall be required in whole or`in'part.Y` such projections shall 14 rsviewd annually after bbgirtia9 of oecupiney and, when appropriate, modified by the City, the VOuiii1l �.z ` and the County. The Applicant shall pay its equitable share of. the. cost of iapleasnttnq the acceptable iaCsis ispzovsmin Prier`to tKe.issvanee o! bmiadiaq pssmit-fOr park q and enelosid arras `permits for each isattery as ' lounim on; -s a++ali renovation and " • i .. S. E •i i t " � ' r J site preparation, illper v'be issnod ho+rsws; upon proapplications thesefor` More such` appsoval is siquisedY•` the Applicant"sba11 estimate in' a` manner'aeesptable to the City or PV � r e f r c a i 1 t ,.`e}1�dp'Fsii4R�' x • E � r 4,� ti>• • 3 '.+' i4•E s• iE - [ tt[ ) .a 2•-z r %''t it''F 4� r � a ..i Z y. a h r__5 ,✓i .` gin(, lyy. '4', e#h i'�`}•M-3 tt'ak4.at T , t -r • atA.lYY � + � q. y, ;F" �+r� '«i }, E "� $rr � -,�`;t c ytd rL �3• ,al.,, i.t ,rr.,�x'F � ,�r'� ��'d�. �"^_- � �St.�f f — s �ik>til�!�► J►y1 F, 4 t .j ♦ 1 '• -k • the COMM such eq .,.. ..•..... are. truer KaO+r . $. L � y.•Y.a .a.��,�,j� _ ,,'�.�Y��3 r3v � .,.a i,.yc;}t.a�� _. � _ aim N• «w.rb... -06 r { bond amount pith the City or the County. ,i", :ble share and -that for such matters as foundations, seawall renovation and site preparation vili,be issued, however, upon proper applications, therefor before such appraval'is sequi�ed)M� the Applicant shall obtain a commitment on the part of the City and thi County to implement the acceptable intarim improvements by the timi indieatad'by the pro s Copies of documeacs, data and commitments chall be seat to the Couiscil. ind iaetiraoratf into the Application for Development Approval. } 8. The Applicant vifund tha-following improvements iiseayne'Boulevar al d a ug..-hI sits which are necessary to aceommodati Ball Point traffic: provision of fear } traffic lanes an Biscayne Boulevard from the southernmost rice access point to S iou4$ Strew and vill'dedicate any property useissasy for such mproven�uits: removal of`•* a r cY -�r ?airy, island Hens SE 3rd Street, provision of 'a traffic` signal: at $E 3rd `$tseot, an .. '. .•: .' -;.' - "'.. .. ..'."-�. .. :e .. 5 •. .. .. I •".'L±'t 4},}'�" vim• • .. "„. tion of a second left turn lams northbound onto SE tad Stzsec. Zf approved uteri v: 1 improvements, under 7 above, obviata the need for any of thaw improvsimeats, such'; 1 improyemanps s) shall not be required. 5, i9. The Applicant vill, reserve the land locaced.west and south of the"eastis 5.4 right -a "`wa ss . of Biscayne Boulevard extended, and will dedicate that land to the approP O ' ' ,. ,. -. ". ,. ,, ,• -, ..., :.G t 1� f r. mid yv B ,�Sq yr'"�' } meat agency if the lead is required for construction of a Miami Rivs'r crossing s� in the event that such construction does not proceed, vill dedicate that lasd`to F City of Pil,ast for a public purposs. Ott i•' , _, .,.' •......_ -. :;r .. _ ,' . '-fi�C� Y Oft iAki►�� 1��h•T�1il��+a e 10. 2hs Applicant vill.aepotiata ao afire smear with' ty traffic lanes on Cbopia Plana-unobstsuatad by paskiagr j��, 7T+4.'4Mj' ,y-..''�f�to *m hotel, with the balance of right-of-va)r x�'WtoAn Cttop#aar P!x; t'r¢! S a to�s uses ekt vet nayg;oac Waitc purposes. mad Debts#pp - r �+ _ }. .. - :• k.. ad fy foe the Olf�Stto69 Psrklai Auchoritq ►bass a� Y„ Q�. R,,,, ` �g�t�,,,, x� ,'�'�` ea�i�-z.:r -sr dy'7� ��: �rK ;?; e�wSt>r��'. +`�C �N.�,?�� ,}.; ti �i. yd •, • ' .' . •+r.r.ri.rrr: L.�...i:.rr�.• •••�+»� ' .n {•rr`•r.+�.r .r �+r• r•i�i� .-�r:ir�:•-+w. r•r r'ir k ,; 't�i�'•r� R�fMV+M� 1:�W �,s lit r+.+Yfi .�I1Wi� iY -} .r. .� t • {.. '.t.• {Ls.b {y'r ••n ..} .w •�•.•'y.+».•• ♦ice...+;.Y is i t' • if •� 11. The Applicant will provide at least the equivalent of the spaces that would be required by the Cade County Zoning Code (section 33-124(4) fot tp exclusive use by condominium residents and quests. The Applicant mad i( provide such parking supply through construction of additional self-parkj faeilitiess through facility redesigns through design for and peoviiims-, val'at parking, or a combination of the above methods. Environmental 12. The Applicant will report to the south Florida Regional Plas�isig777 Gil 3 x results of its marins eommity survey before psocsedinq oa seawall rena Zf viable marine eoMinities are detested, the Applicant will iaeor rat in its Corps of Engineers permit application, measures to!minia�iseb seawall renovation on these orgaaisas. ®; ti 13% The Applicant will info= the Dade County Historic Survey of the incept#; • '' and timing of excavation for the project. 14. The Applicant shall secure a complex source Permit prior to t'te ince ptia y 13. This Oevrlopsment Order shall be null and vaid it snbstant al1devN► I P the site has not befun within two yeses!daCe�t4 r � r c ycpa 3��'"••B ,� g 16. Tieplicant wA 4no4s0o#�e yam'. A 'r '•_�J' - - a Fa , o �'S' ;6� r f tNwe3+O�SmsnC M�}. �f�'•' �II1wA! �� S J 7Pf P ��' l ^> mmtigiAi• s�i�sson �►! the Applloa►4 7��' y� a ,r •. • . N . .� ,�� ..Y�Il;.rar. ...� : r� : .�. rtl.� . i. rr� N'!�ii��A.r •.: i 4 Aba .. . .r ... + • _ .. fir... t �.o Ls a condition for approval Mess waived or modified biss9zeenent among i• the parties. F i� j) S 4 , n It f 1 � i t —rl•1.t.` ! � .. 1' f v; • .0 i � K"M�h p 'J�f "6"dplfl'�e! �� `z qie � 4� , � Z: _ '� .:h . i-;• t?-el m T.;.. t:tr : it .i. by g...}• ..'�,. ,�4,'tl' ,� ill i n 41 � - ..a:w 4 ;:' :v�+..t-ems -�.7• 5-a'.$.:: „",,"At .� iL. 1 �'` "�A. .F MIN i 'rtires',.-r".,i`T"'t,,'''T'r1+cxsa;..-ice. `C` _ 0 4„ di �b I I�, i .. s...e� ;ac-,x -••c.n bx.xl. .;1 i, ,,.,r - T: . _'�• .:..c a ..r ,_:.,r*f F .r.: .. '' ! ,51. i��',' ,a il '�' I f4„ w t 51•P 4f.$r7 47 S tVny f •rSjS..e. .. '•Hi)TEL'TONt,ER.. OFFICE¢ TOWER v EXTENT OF 9URLE-1� X ' .PI AZA v � r t+r=' PHASE i o r {` SITE PLAN tv b NUO SCALE amAGE . s - -- m.1v EL L L PARTNERSHIF.:I1 C. U SS _ SCHEDULE 1 Trt E ... MASTER pEVELOPMENT PLAN - (REVISED) ROOF PLAN � Sao—" ir-M-Fa.r• �.d w�+.'it�• �+as � � MIAIJII GENER 1-PHASE 1 J r DE XERT20. 1980 r -7we r • • � Sit ,., "hu . • r _ r_ —.r Y VELEM PEOPLE &M J� c J w I m f{� i i -1 i Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be — 1 deleted or added as an amendment to the development ►' order. This language should address and quantify: ' a.. All proposed specific changes to the nature, —� phasing, and build —out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage` attributable to each described proposed change of land use,: open, space, areas for preservation, green-belts;,'to structures or.:- i to other improvements including �tlocations squat"e footage, number of units; and other major characteris— tics or components of the proposed'. -change.. r - Applicant seeks to modify the' -DO by deleting the following paragraph of City of Miami Resolution` 79-396: 5. Subject to obtaining all necessary eri<aits and a royals, in the ;event that a'. =, Downtown People Mover station is located at; ... t k or in the vicinity of, Biscayne Boulevard between SE 2nd 'and [Streets] then:the yyy sr.;- Applicant shall provide an -upper level t� pedestrian connection to the station. Subject to the deletion of DQ:paragraph 5, Applicant ^X seeks to add the following language'.to its DO q� obligations: tr: Within one hundred and eighty (180)'days from the later of (a) the effective date of t ,R this resolution, or (b)the completion of under improvement project currently:. y5 .the r r construction at Phase i anci. acceptance, 1 t 3b of same ;by thq Miami -fade Water and .Sewer{F Authority. Applicant shall commen' tx r T iF A: NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT,(DRI), SUBSECTION 380.06(19), FLORIDA STATUTES MIAMI CENTER I (BALL POINT). MIAMI, FLORIDA - - Prepared by: - Jeffrey Bercow, P.A. STEEL HECTOR & DAVIS 4000 Southeast Financial Center Miami, Florida 33131-2398 �i John Lundsten - KARSTEN REALTY ADVISORS Principal, and Executive Vice_ President= r s: Suite 310 201 S. Biscayne Boulevard rn W.ami, Florida 33131 , a Submitted into: the; public record in co Z eaticn with i'S. 3 •1 item' on 3 3�g a Matty Hirai City Clerk r ' e; • • H �j YI . L� NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY ' APPROVED DEVELOPMENT OF REGIONAL IMPACT,(DRI). SUBSECTION 380.06(19), FLORIDA STATUTES MIAMI CENTER I (BALL POINT) ,4h MIAMI, FLORIDA „F 3� Prepared by: - Jeffrey Bercow,-P.A. STEEL HECTOR & DAVIS' 4000 Southeast Financial Center .z Miami, Florida 33131-2398 John Lundsten KARSTW REALTY ADVISORS _ Principal- and--Executive:Vice ,K J^ President Suite 310 201 S. Biscayne Boulevard,- M4.ami, Florida 33131 Submitted into the--,Public record in conn with ` ,rticn .. item �� r on33 3►Q , Matty Hirai City Clerk 897-342 J a F !x{ i 3 Fry tir NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes (1985) requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form. 1. I, John Lundsten, the undersigned authorized representative of the owners of Phase 1 of Miami Center I (see legal description attached as Exhibit A) hereby gives notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes (1985). In support thereof, I submit the following information concerning the Miami Center I (Ball Point) Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the City of Miami, to the South Florida Regional Planning Council (SFRPC), and to the Bureau of Resource and Management, Department of Community Affairs. January 17, 1989 Date d • C - - - flv� J n Lundsten Karsten Realty Advisors Principal and Executive Vice President Suite 310 201 S. Biscayne Boulevard Miami, Florida 33131 Submitted into the public record in connection with L-71 2. Applioant- (time, address, phone) : M.C. Holdinga Partners c/o lohn'Lundsten Principal and Executive Vice President Karsten Realty Advisors Suite 310 201 S. Biscayne Boulevard Miami, Florida 33131 Telephone: (305) 374-8989 Submitted into the public record in connection with item 2' on -1/2 3/9%. Matty Hirai City Clerk RV 3 Aut'horized Agent (name* addrests 'phofle) Jeffrey Bercow, P.A. Stool Lector & Davris 4000 Southeast Financial Center - - Miami, F16rida 33131-2398 Telephone (305) 577-2945 . Submitted into the public — record in connection vtdili item •�.Z on - Matty Hai rcd City Clerk c .. _J� r .. 4. Location (City► County, Township/Range/Section) of approved DRi and proposed change. Location: City of Miami. The approved DRI which is the subject of this application is located on Tract D, Block 1 of DuPont Plaza, according to the plat thereof as recorded in Plat Book 50 at page 11, of the Public Records of Dade County, Florida. However, the proposed changes only relate to the northerly, developed 5.45 acres of the Miami Center I property, as more particularly described on Exhibit A attached hereto (hereinafter, "Phase 1"). Phase 1 is located in the City of Miami, Dade County, Section 6, Township 54 South, Range 42 East. Proposed Change: As more particularly set forth in the response to question 10a below, Applicant proposes a minor amendment to the Development Order (DO), a copy of which is attached hereto and incorporated herein as Exhibit B, by deleting the requirement set forth in paragraph 5 of the DO. This paragraph requires the construction of an upper level pedestrian connection to a nearby Downtown People Mover (DPM) station. This condition does not mitigate project impacts on, or otherwise affect, regional facilities or services. Subject to the deletion of DO paragraph 5, Applicant also proposes an additional DO obligation which requires - prompt implementation of the Roberto Burle Marx Biscayne Boulevard Plan within Phase 1's Biscayne Boulevard frontage and within a portion of its Chopin Plaza frontage. See response to question 10a, below. Submitted into the public record in connection with Matty M rai City Clerk - 4 r { J. -4 897302 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or in the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department to clarify the nature of the change or the resulting impacts. mBackground. Miami Center is situated at a unique U location in Downtown Miami. It is the location where a a .� number of distinct and unique features within the Miami b d L;'cityscape all converge: Biscayne Bay, Bayfront Park, M 4 Biscayne Boulevard, the DPM system, and DuPont Plaza. +r Since the adoption of the DO in 1979, a number of o q o events have taken place within this general area which 0 were not anticipated at the time of original DO .q 0 .� issuance. Because of these intervening circumstances, d5- q ► compliance with one of the outstanding DO obligations N has been rendered unnecessary, infeasible and � undesirable. o o Co m Accordingly, Applicant is proposing the deletion of paragraph 5 of the DO. This change is specifically described in question 10a herein. It involves the elimination of D0 paragraph 5 requirement that +� Applicant provide an "upper level pedestrian connection" to a certain DPM station. DO Paragraph 5. Paragraph 5 of the DO states as follows: Subject to obtaining all necessary permits and approvals, in the event that.a Downtown People Mover station is located at, or in -. the vicinity of BiscayneBoulevard between SE.2nd and 3rd [Streets], then the Applicant shall provide an upper level pedestrian connection to the station. The condition precedent to Applicant's compliance with paragraph 5 has not occurred. At the time the DO was adopted, both.Miami Center and Southeast Financial • Center - located on opposite sides of Biscayne Boulevard from each other - were in various stages of td r i46 the planning process, as was the route and location of stations in the DPM system. Planners for all three projects, as well as city and regional staff, concurred that a DPM station should be located in the median of Biscayne Boulevard, between Miami Center and Southeast Financial Center. With a DPM station at this location, an upper level pedestrian bridge made sense on a design, aesthetic and engineering basis. Both Miami Center and the Southeast -' Financial Center could have provided upper level pedestrian connections directly across Biscayne - Boulevard to a station located immediately between the . •�,W two buildings. In fact, both buildings were designed for this upper level pedestrian connection. The Phase 4 A � U 1 office building was constructed"knockout" service and retail space, corridor areas and knockout panels on a b the second floor plaza level for access to the DPM ° ° tr1 U station via the upper level pedestrian connection. Similarly, the Southeast Financial Center office + p q o building is also designed for this upper level q pedestrian connection, with the main public space and elevator lobbies being located on the plaza level, and _� ° •q H not on the ground floor. 'd Q If the DPM station had been built as originally ° contemplated when the DO was issued, and as contemplated ° m by paragraph 5 of the DO, it would have been located - Cn between S.E. 2nd Street and S.E. 3rd Street. However, the DPM station contemplated by this condition was relocated approximately 450 feet to the North and 60 feet to the West of its original location. Therefore, do compliance with this condition is no longer necessary because the condition precedent has not occurred -- there is no DPM station located"at, or in the vicinity of, Biscayne Boulevard between S.E. 2nd and 3rd [Streets]". Furthermore, compliance with DO paragraph 5 is no - longer technically or economically feasible because of the relocated DPM. Today, an upper level pedestrian.---, connection to the DPM station would require an extended upper level construction crossing Biscayne Boulevard at an unsightly diagonal angle, rather than a short' direct link to the DPM station originally contemplated by paragraph 5 of the DO. Unlike the upper level pedestrian connection contemplated by the DO, an upper level bridge from Phase 1 of Miami Center to the Bayfront DPM station would not make aesthetic, design ■ or engineering sense. 0 -6 8973& 2 alx,' j It should be recognized that, as contemplated by the _ DO, the upper level pedestrian connection was to serve as a benefit to the project, since it would provide a direct link to the DPM station to be located immediately west of Phase 1. In addition, as part of a network of similar upper level connections to be located in the area, the upper level pedestrian connection contemplated j by DO paragraph 5 would also indirectly benefit other commercial development in the area. The relocation of * the DPM station to its present location has inflicted -� an economic hardship on Phase 1 of Miami Center, since the corridor space and rental areas located on the v 'H second floor plaza level no longer serve their intended purposes. These significant amounts of rental space U were originally designed for retail and service users paying premium rents for a location with direct access o M ' U to a DPM station. Instead, this service and retail space has not proved rentable on an economic basis. b oA number of other events subsequent to the DO adoption v raise serious questions regarding the utility, value, 0 r � and precedential nature of requiring an upper level pedestrian connection at this location. These include - -� 'r► �. the redevelopment of Bayfront Park; the creation of the vChallenger Memorial at the northeast corner of Chopin j 0) Plaza and Biscayne Boulevard, immediately across Chopin Plaza from Phase 1; and the adoption of the Roberto Burle Marx Biscayne Boulevard plan. Furthermore, the manner in which the Bayfront DPM station has been - constructed will not accommodate an upper level pedestrian bridge connection. An upper level pedestrian connection from Phase 1 to the Bayfront DPM station would create a negative visual - impact on the park and on the Challenger Memorial in particular, and may endanger traffic circulation by interfering with vehicular views of the traffic signals located on Biscayne Boulevard at its intersections with Chopin Plaza and S.E. 1st Street. In addition, a direct connection from the Phase 1 office building to the Bayfront DPM station would raise serious questions regarding the fairness and precedent involved in permitting the use of public right-of-way, airspace, and scenic views in a matter which creates a particular -V� advantage for the Phase 1 project. Dade County, which has responsibility for the DPM system, has recognized that events subsequent to issuance of the DO have eliminated the underlying purposes for paragraph 5 of the DO. It has indicated • that this DO requirement is no longer operative and that Applicant should be released of the obligation to N V7 S 0 0 Conclusion. The deletion of this Do requirement will not create any additional regional transportation impacts, nor will it create any regional transportation impacts not previously reviewed. The sole issue involved is one of local access to the DPM station. Since the proposed change will not adversely impact any government services or other regional resources, and will not create any likelihood of new or additional regional impact, the proposed changed does not constitute a substantial deviation. Submitted into the public record in connection w tlh item on Matty Hirai City Clerk -e- 89--3t�2 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e6 any information not already addressed in the Substantial Deviation Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? A. City of Miami Resolution No. 79-396 (May 24, 1979) - DO. H. City of Miami Resolution No. 80-707 (September 25, 1980) - changed the words "building permits" I in paragraph 7 of the DO to "certificate of occupancy." C. City of Miami Resolution No. 86-828 (October 7, 1986) - change of land use for southern 3.01 acres (Phase 2) from 500 condominium units to a multi -use project consisting of 1,700,000 gross 'S square feet of commercial and office uses, and 150 dwelling units. There has been no change in local government jurisdiction for any portion of Phase 1 since the issuance of the DO. Submitted into the public record in connection with item f ?' la -on 3 2 Matty Hirai City Clerk is A 4,1 S. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, and intended use on.a.project master site plan or other map. I Applicant has not purchased or optioned any lands A within one mile of the original DRI site subsequent to the issuance of the DO. ILI RK2 Submitted into the public record in connection with item %on A&54&j. Matty Hirai City Clerk 110 -111- SUBSTANTIAL DEVIATION DETERMINATION If the proposed change to the previously approved DRI or development order condition does not meet or exceed any of the criteria listed in the D91 development order or in Subsection 380.06(19)(b), Florida Statutes, then the local government having jurisdiction over the development must hold a hearing and make a determination as to whether such proposed changes constitute a substantial deviation and will cause the development to be subject to further development -of -regional - impact review. if the local government determines that the proposed change does not require further development -of -regional - impact review and is otherwise approved, the local government must issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change, subject to the appeal provisions of Subsection 380.06(19)(f), F.S., and Section 380.07, F.S. The proposed changes do not meet or exceed any of the substantial deviation criteria listed in the DO or in Subsection 380.06(19)(b), Florida Statutes. Submitted into the public record in connection with item Z • / X on 3 3 f- " Matty Hirai City Clerk -12- 89-30 Provide the following for incorporation into the amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.25, Florida Administrative Code! 9. An updated master site plan of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. I The Master Development Plan (ground floor plan) contained in the ADA (map 11 H 1), previously filed with the Department of Community Affairs and the SFRPC, is the current development plan for Phase 1 of Miami 7 Center 1. The proposed changes do not affect Phase 1 land uses or this ground floor plan in any way. The Master Development Plan (roof plan) contained in the ADA (map 11 H 2) shows a "Future Bridge from People Mover" connecting from the west side of the Phase 1 office building. As indicated by the discussion in section 12C of the ADA (pp. 12-17), this bridge was to be located at the plaza level, in order to connect to the DPM station to be located directly west of the Phase 1 office building. Applicant proposes to eliminate this "Future Bridge." See Exhibit D, attached. Submitted into the public s ow LJ 6� 10. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteris- tics or components of the proposed change. Applicant seeks to modify the DO by deleting the following paragraph of City of Miami Resolution No. 79-396: 5. Subject to obtaining all necessary permits and approvals, in the event that a Downtown People Mover station is located at, or in the vicinity of, Biscayne Boulevard between SE 2nd and 3rd [Streets], then the Applicant shall provide an upper level pedestrian connection to the station. Subject to the deletion of DO paragraph 5, Applicant seeks to add the following language to its DO obligations: v .� 'N Within one hundred and eighty (180) days � x .0 from the later of (a) the effective date of - n1 U this resolution, or (b) the completion of p, p the sewer improvement project currently 4 ,o d - under construction at Phase 1 and acceptance U of same by the Miami -Dade Water and.Sewer Authority, Applicant shall commence the •� o implementation of the Roberto Burle Marx •p u C6 Biscayne Boulevard Plan for the Miami .Center - ro Phase 1 Biscayne Boulevard Frontage, and for .� •� a portion of its Chopin Plaza frontage, as tf more particularly identified on the plan o drawing attached to this Resolution as N N Schedule 1. Applicant shall complete such work within one hundred and eighty (180) days from its commencement. -14- 89--302 lob. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date to which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for _ the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. If the proposed change meets or exceeds substantial deviation criteria listed in the DRI development order, or in the criteria listed in Subsection 380.06(19)(b), F.S., then the proposed change is a substantial deviation and shall be subject to further DRI review without the necessity for a public hearing r and determination by the local government. Applicant only proposes changes to DO conditions as described in question 10a, above. Development of Phase 1 is substantially complete, and no changes to the development plan are presently contemplated. Therefore it is not necessary or appropriate to amend the DO to address or quantify any of the matters described in questions lob through 10f above. Submitted into the public record in connectio wit item .? - /a on 3 Matty Hirai City Clerk I MWIBIT A Phase 1 of Miami Center I (The northerly, developed 5.45 acres of property subject to the Miami Center I Development order). A portion of Tract D, Block 1, of DUPONT PLAZA according to plat thereof as recorded in Plat Book 50 at page 11, of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Tract D and run West along the North line of Tract D for 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet to a Point of Compound Curvature; thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 28 degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of Tangency; thence South for 293.50 feet (said last mentioned four courses being coincident with the boundary lines of said Tract D); thence East for 179.41 feet; thence North for 150.00 feet; thence East for 525.36 feet; thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, lying and being in the City of Miami, Dade County, Florida. Y, Submitted into the public -.16- Submitted i the = record in connection with .w�/ft s item'" one Matty Hirai City Clerk RESOLUTIw NO. A RESOLUTION OF THE CITY OF `!tAMt C"tSSION AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER, APPROVING WITH MODtftCATIO01S. THE BALL P014T PROJECT. A DEJELOPMENT OF REGIONAL IMPACT. PROPOSED BY HOLYVELL CORPORATION. FOR TRACT 0. DUP03T PLAZA (30-11). LOCATED ON THE NORTH BANK A:4D AT THE 1l0UTH OF THE `4IAPI RIVER. AFTER COA- DUCTtYG A PUBLIC HEARING AS REQUIRED BY CHAPTER 330.06. FLORIDA STATUTES. AND C04SIDERIIG THE ` REPORT AND RECO:t%VDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING 000CIL AND THE PLANNING ADVISORY BOARD 0r THE CITY OF MIAMI. SUBJECT TO THE CONDITIONS OF THE DrVF.LOP`4ENT ORDER ATTACHED HERETO AS EXHIBIT "A"; THE RECO`MNDATIONS OF THE SOL"fH FLORIDA REGIONAL CLAN'1I1V COCNCIL ATTACHED HERETO AS EXHIBIT "B"; AND HE APPLICA- TIOV FOR DEVELOP?TCNT APPROVAL INCOPPORATED BY ' REFERENCE; FINDI3G THAT THE DEVELOPER'S PROPOSED CHANGES FROM THAT APPROVED BY THE SOUTH FLORIDA REGIONAL PLANNING COtr;CIL INVOLVE NO SUBSTANTIAL DEVIATION; FURTHER DIRECTIt10 THE CITY CLERK TO SEND THE RESOLUTION TO AFrECTED AGENCIES A.VD THE DEVELOPER. "DOCUMEN INDEX ITEM N WHEREAS. The Miami Planning Advisory Board. at its Heating held on May 16, 1979. Iton ('1. following an advertised hearing. adopted Resolution No. PAB-23-79 by a 7 to 0 vote (1 member absent). low recommending approval of the Development Order for the Sall Point Project. a Development of Regional Impact. as hereinafter set forth$ I and FIND'INCS OF FACT 'WHEREAS. Holywell Corporation has proposed the undertakinR of j tit.• -cell Paint Protect. a Development of Regional Impact. as defined by Chapter 22F-2. Rules of the State of Florida juvartment of administration. located within the City of Miami. on a tract of 3.46 acres. at the 4orth hank and at the mouth of the yt=L River. comprised of 805.400 square feet of gross office space; 630 hotel units in a structure containing 658.400 square feet of gross hotel s _ spsce; 500 dwelling units; $5.000 square feet of gross space for retail user and 2.165 parking spaces; and 89"a�oi� �. cm OO�OM W wr= 4 44 qw ' into -the ub4c ��llbmitted . . record in connection with item i ' ' Ian- on 3 kAl— r Matty Hirai City Clerk LIHEREAS. Hoiwell Corporation has submitted a complete Application for Development Approval for a Development of Regional impact to the South Florida Regional Planning Council pursuant to Chapter 350.06 Florida Statutes. and did receive a favorable j recocemendation for a proposed development order on May 7. 1979. jas not forth in the Report and Recommendations of the South Florida M Regional Planning Council attached hereto as Exhibit "D" and made a part hereof: and s l WHEREAS, the Application for f)evelo!ment Approval. as reviewed { by the South Florida Regional Planning Council. referred to an office building with 928.200 square feet or gross office space: a hotel structure with 550,000 gross square feet, and a parking structure with 2.560 parking spaces. which does not amount to outstanding change from what to now pronosedt and WHEREAS. Holywell Corporation has complied with all the requirements set forth is Ordinance Mo. 8290s and .:. WHIMS. the City Cosioiseion has considered the Report and Roe- --ndations of the South Florida Regional Planning Conseil -t and each slemsnt required to be considered by Chapter 300.06 w Florida Statutes: and Cowu—S OIa OF LAW wmmzA8. the sail Point Project. prop— by the llslywell Corporation complies with the Miami Cosiprehosrine to S Me% Mas. I to consistent with the orderly developmsmt and foals of the City of j 9 Mimi. and corplies with local "d development regulations. Winn Comprehensive Znninp Ordinance No. 6871; and {=' ! WHEREAS. the proposed develop doee not unseasonable later- r? O fore with the achievenont of the objectives of the adopted Rate Land Development Plan applicable to the City of Minis and WIMIMS, the proposed dewlopmeae is consistent with the I Ip i t ' and eecamemndations of the South Florida Refianal Plaamins C►nssefl '► 0 and does not unreasonably interfere with may of the considerations and objectives set fortis in Chapter IN. Florida Rotates& and 1 89-302 the Mimi -'cads dear:. on ftv 23. � Vaatiwi a Wariasee frm the 30o foot height lWt Md gtaatad Conditional wee 2,010 for Parking uses as allowed in Ordinance No. N7t. the ' i.• Comprehensive zoning Ordinance for the City of hiss-$ and WHEREAS. the City Cosmiasion has determined that all require- went• of publication and other legal reauirewsnto for the issuance of the proposed Development Order have been complied with% and WHEREAS, the City Commission deems it advisable and in the beat interests of the general welfare of the City of Miami to issue a Development Order for the Develoonens of Regional Impact. sf — r _ as hereinafter set forth; VOW. THEREFORE. 6E IT RESOLVED SY THE COtPttSSION OF THE — CITY OF MIA.yI. FLORIDA: Section 1. A Development Order. attached hereto as Exhibit "A", approving with modifications. the Ball Point Project. a Development of Regional Impact. proposed by Holywell Corporation for Tract O. - DUM. T PLAZA (50-11). located on the North bank and at the mouth of —_ the Miami River. he and the some is hereby granted and issued. Section 2. The Report and Recommendations of the south r k Florida Regional Planning Council dated May 7. 1979, is attached _ as Exhibit "6 and made a part of this Development Order. _ Section 3. The Application for Dewlopwsot A}*tonal is _ incorporated herein by reference sad relied upw by the parties in discharging their statutory duties under Chapter 390.06 Fleridm 1U., statutes. Substantial compliamee with the NOW osmtatiems osatalasd in the Application for Develops a Apprevet is a cesditiam foe approval unless waived or modified by asseemsnt asem$ tbs parties. . az Section 4. Pursuant to Section 380.06 (2), Florida statutes. the Citv of Miami has reviewed tho proposed changes to the Applies 3 tion for Development Aporoval from that approved by the Satth Tlotida ram' d - Regional Planning Council. and finds no substantial deviat Los tbwe- from. Section S. The City Clerk is Mteby mtborised amd dirseted to send certified copies of this RResolatiem immrdiately to dw , :• Florida Divisiam of State Flaanimg, Departasmt of Admltmiatratism. h � — Roos 530. Carlton guildisg. Tallalwsee. Florida 32Mt to dW Submitted into the public 89-302 record in connection with e' item Matty Hiral.. •; �wh . �ar 'f�:'-:1y i w . - Citv_Clerk (a` a• 1.; South norida ISiaaat Flafti h Cou"Ll, 1515 N.V. 167th Serae, Suite 429. 141461* ttoridaj and to Ibtyualt Corporation, 2 Dup"t Circte. suite 100. Vashinatoo. n. C• PASS90 AND ADOPM this _ 2a __ _ ._day of - fir 1979* PREPARED AND APPROVED BY: i; MI NATUOUDS f;• . u Istantulty Attorney M1. APPROVED AD TO TOM AND CORRECTMS: s. Submitted into the public record in connectiop with item on 3 Matty Hirai `. City Clerk x' 897-302 . h ,h - t ' rc,r w.' Y•r.tT �'c�S fid ��iat mil'! M 1: • �t rt �yyriY�.. t•: um It be ten "w* "dwasa is t 1tt.0 rr "Ab �++� fife ct "aft it Yr tfltr et tmm rlwt& W* is rat "ww MLi sm ** lei. 1"0 t" issomms, st ""boom Ori m i* ftu toms. a ""Wawast 'mW Mmt ag to to W0404 im tam tier of ft". rrrrstas is Cmoter I"." r&atrt Item*" semi attme tee Imm"amrs ure st tln 60e1 wooly of title ON@@. e" development with t"rietuae. so Rite frost as nsaameaaaatiNO et the !meth ►lariia 1M1u41 f1wtM CwMi1. the CarMtaism tact am teilari" satire, arlrrval of this deselapmat with 06 fellwint meii tieatieM. L. !M d Issment is limited to a rr►ieas semtainiM not mmr thaw WS#400 !.� fMt of qlMm Office 111060111 630 IOWA& ralta 1" a rtrretrrs OOW" tauww Gloom slaws feet of "am hem erase/ we drelus! raitrt ISOM wqmws fset of !='see M%ml rem aM t.7N gene e1140110- rsNart see raer�a awld aaapeies M awrw rlew Area Maus es 6.36 fee an s.46 mere site, angs, mI d*iM seem rift JOWAAS tee • ~arias !teat tin M-fast heiva Ludt ad awditiwl wMPPWWML f PaetiM mew. ri-awwo the Let sawrw tm...U-11 t!n Ims" reads apse A ...iy_t� tin ammles am rsiamtsIM mrere" at "in flow lees! is t as rreeiew by we Amumist Is as IWusatidm foe OaylaLs�mmte "Vessel a" as "Gumimerr trite Asanamts rt Womb 32, MMO M amwAM by S"Pu comet datsa aL!7!. ' Submitted into the public . record in connection with item Z !- on J301 ►, Malty Hirai City Clerk 89-302 ' ,. �.^M •e;•.�iNiir:� r.e?ie� .. ,r( •'� .•N'M;.rAFy M71{I�'.fFr�`'5.1""i,! •� r JC �Y 1. tti �� Ci aswggal�to M aidteaia rw irilsgiM egstsaar atoo the Mewed dnolsposts .. aesiatties w.t� w faaeOWG%@a &gory w illvss 04h V WOO w r ' pravidg trrgiNfat as aenti"M "+Mori+ 4,00etiOesge I a ateraatiaae. s. Attawtlaw swuld ba lived to the trootse" at the ""Wee sauleverd tseada to ameliorats the apparent both of eve struataes. e. Attestlan ahsuld be tows within th* prolaet to peW"DO viaioo of the Miami River aaA sisegaa tray as. for example, tY interior dadgn of the sin flees level. d. Attention should be 900s to Mass and IanAreMPing at the P*UM level. Ito" onnearae. w ebors in osestreetian doommmmtel are emblaet to plaseiq Ogpertsiaat approval Price to the issuasos of a beild " ponlit for oaeltiN 04 any essleoed arras. farsito tee euea s�gttars as toratieae• seamen resevtusma ad sits prepenties will be tumde hsrewr. eMw MMse aAlieatiw Wrelees. before soot, affeevai is Tswana, 1. !Aa apuaase will dsdteeta a psdwtdm ossesam% of set leis VMS 30 trsa to gas City of ""Mi In puI @Wdtp far "Ma fuvee BM ad M&" am peeps . ono wu semou at tam tbla Od /awids fries r Ltradae+tM dag.od .aaeeaaey by the City so are fw appuems MAU d=W as some agog ergs and amesems privas open, to alias? VA w also aesaf+s w Ns preloat estudomm". white bsaslM af�s�sisr /i1oM cgs of *A W&DOW. aa nnpeasibility for Per"teml aafatesasae so all essuen of ere New by as Appiieast will be s echoed is the censers dsesaest. flsal lasdssere plans era eralest a gas aypaowl co ear pIMMMY a" !r tie efaates lnfpis, to toe issugsse of a perch IWe tw N&M& aver Iwo am tiglfwsa M06 Submitted into the public t record in connection with item on �- ._: Matty Hirai City Clerk s9-302 ?. gumbo tw sub sea"" of famm aliewr Sammu youbm"sa ails site pecadma"M vtli be les.er• bonwN o %as ""or appl/awltair WOW he & WOOD a01b •. the Appuaw a dall pafrirf Was"" a s mst Sur the eeatarlt as of OWMA plate ff s WOODS of aanaostist US, M►N&VIDt 0160 With sspftaat �. patho at teat o0upwrable to No disomiume of too awfloet Nalhwith astatesasee by w awisast. rioal landscape plow are •daft to the m"eaal of the Agri" oapaelwt ad parho apeetsast. S. idyeft to ebtaintay all aseessaa peadto and appeo+sla• Is the wrtlt that a aentero resple Nom Station is leeatod atp or to ohs rtewty atip eteeayneasalwaed betnea eat bN aai Sad Aww m them, the Appuemat sun prssif se upper level peaeetrtas eeawstifs to the atauss. so to the eve" that the developer is seeeSesfei to aoteirtnp sumerahlp of a least thee of who Now bloats In a jaeeaa oepesa plaeat thes the npplteat emu feasider the p!' "OR of M upper legal pfwftrisb efenesum from this paejess r ate Appusfm,t's feeaes dfwlspaest is moms place. � ltafflf Aeaaea asr�aehiaa psis, to as tpoaaseo se a wLiilp remit, M peas" far ferlmeer Dow aft"ta her feet Sat"" r ffaeistloso samm4l aommmu4 m, PDA site peepma"m : a; Bill be Issue. Lwaar, apes Vesper appiisssiase thaoetwo pe%N saes �pwr Is raNiwrl0 the epplieaet shall• .w anu pumme No Immo Wr feheer rx a►L to the Daft ouastt apeeteeet of lomme as 11 VMS Y� eefeh rlwmm wsienal Dlar►W oefesil t'roeeemuol. Mwam of Oda" 40"■ rr priate data ate dermoss aalfs efflesau elp fa the fetiffaoum of the city of rust "lie Meets aad pWlolop Departsesq !'aw) ssr go cousty asfaptato tstatia isp�ate to sum rasisps to apses" M !awls at saeetfa afegsable to um, alp es/ w gallop Im go iL tilt p.L poet ftnW' :' , L, .. w.mof eta feepAlatlfe of elm& leolw irpww. "*, � s '��• She . `,. '.: Submitted ubmitt into the public r. ..record in connection with item ?; - _ Matty Hirai `'ate =:f City Clerk 89 l ,' �i�:1• }j 1 ;,[' t yT 1. M, 1 t t 7 •' •' �t 4r4. =4 0000*Miia *All ilM 1e411060 a tMe lt�i tMa Oa ll aiil Ni ts�r�' "AalllablM Am isilsaas* tstlas so lete"a ss/tittiaee shill be nods,& Is Ado at is vote 9061 pribisstlaas shill be aMPirrsi 000111 ~ it 000$WW ad* eys as P Is", matiM by the Mtl. do �seaii ash tm os altg. !Mi Mi/saet MMill MI its sgsitrlt da" Of as asat of japlasaVsM the sweptabl+ iners isorw ww". Mae to tM issuers of a bet"W" tsasit for P801" me Malawi sriw "Mesh ess som setteae as hswstissiv ssswil tasswUss ad aiM tau Will M issssAO Mswwf• WPM fNMr Mtuse"we thnow MlMes ari l is 2"Wou" t as MU M emu anise" is a g ew arse w" as dr el" 4w oil OEM Submitted into the public in connection with ,r ® record Q. 3 iteme-7 on Matty Hirai City Clerk .,. • ' •. .,. ;r': �. i«{pint' ^� a to flow No 4400" Ok "i tr" am err wtr ear aw 4w a* fir. ftbr r as asama.a► 4e a bAlift Pewit four pasi aaalssM ON* ft"NAM hr moult 012" stt as foaukwwmS, wrsti WOMP sloe wd Sala Peowe"M tau 1a ;. iwd, iawwrr• � pSmpmr S�plleat/wS, el~patMh Mfaes scour apptwt a t�nlaieatl• the Applaw dolt ait ft a aw atarat eM *a pmrt of as City and *a Va to to a�plwiwrt do a.wtrlo l *ww lopmmsmeft by oho tie inatestad by oho Projea"awo Omplaa Mt OMMUMM. dw and ewitwa thrall be lest to the O MM and ineetporatad i loft ram AwleMtian Sir Otwlep■ et pppeoval. L tat♦ AW4 Mt vill tend oho following is+eoremests to siseag" saalso along as dte thleh an seesssaey to accommodate call Mist traftiet prwisies of tear Warta law as Ussayne tealewrd tram the southernmost site access point to R tad street and will dedicate any proparty oscSSeary for Such improvesentat "Weal of the t lmissd new ss and Street, provision of a traffic sip" at Ss 3rd street, am admi- ties of a seaead left teen lave merabonsd onto ss 20d !treat, tf aptowd lstarin •� Impmorsomts, umisr 7 above, obviate tbo need for my of these imprwomsma, saeh lmptossmsatM(s) shall mot he r"aired. So AppUasmt will reserve the land located want and south or the enstars r%bt-mf-wtp I r of siaMayve soaleve" estamded, and Will. de"cato that land to the apprsprLate smsarw e. = mass agesmy it the land is required for csmstrwcties or a Mind Aiwr crssetas w, to the eedet ass smelt cesstrectios does we proceed, vial dodissts eft food b tars Cats of hail rot a !ilia purpose. a ~sE tlta.Antaaamt rill aesmtiate • 86COMMtt with am City d Mimi, PM141 is for tars . f, Watfaa, few es Ospis *lass emotettumtsd 1y !scums sawMM" foe a&"wste =a "- ., '. 4s ter went with as halo e! mete-of-wty M mop" plans Mwtmdl to psalt+e.: :i=r Mt IrWaL.ltewt won"won"a purposes M* now appewsed memo the appliaattt admit +c isdoinnify as Oft-stmet hetin dsthaetty fir OW lass so meet" gamily ap"M attributable to providing adequate aces" to the hotel. .4t•ss� Submitted into the public record in connection with item ? on 3bL rti Matty Hirai `- City Clerk 006 U. a. "Pusm stu pedoo as unt "a grawaft go as ONN 0" ON" be MAIN& bw 1010 Iftft ftftw a"" 60110 oftam wwaid) aw swUM. . bp ON&MA&W MASON NO IMIW- "IS 100116104 00 pmda waft 06004 WWII W 10 enow"Ame 4* 0"00" ""a9lo" """am a www, w a SINUMUM " aw aw" 0"W6, "It VWIM t. w saes rleeiia Mp1Mi1 pLtwtM cow"I am maws " Its ftwift COMMI" 0 --0" wft" W0900414 oris ww"I """"404 It idd" swum momitift am doUftede the VAIM0 wilt ILSOMWIDWe in ift oft@" 40 "Unft "fall amu"UMI, 00aaee00 venevatim to 000 6991AMM- 1% toque" Stu Laftes Wo Do" OWN" "OUNIO sVeego of t" "Sew" puejes IN Appusat dau s"We a QMW4W MWIM PINSUA PdW 19 00 last UM Of the a&N, ww No I f Vitus am I"= at am ninefte 40a se as Ift %guens VAU Inewpoin" au SIKUWA "dwoutfies gapes" IV Mvnlqpmt Qvdw wS mWWdow adwLSIMA by 08 IMpUent adwavlawk Is, WI~ awwisfum or an AMUGNSAR ow ftwelamawk "pawn, INGS 4 gap plete doeVawat wad will pMWidft 00ift is a tIWIft SWAM fa dw asew necub ?"Leval Plusun cwamdlo city of Made Do" Govar ad %ft at&@* TT' Submitted into the public record in connection with item QL on Matty Hirai CRY Clerk. 17. "0 A"Ilaauft rw Oaral"Oftt woo m io i"WPwatri Me " M ORMW maw am"" la0 "ooiio nmetM• ioloto U41 SOPUMat with the r"WasaatattaM 690"Aaai /s t" AAtiaatioo ba MMIG MO Aww"1 to a oaartttoo tk MOPMMi VAN* wlwi of se"t M M svvw�t 4�9 w o Paettao. Submitted into the public record in connection with item 'fie% on Vo�a)8%4? Matty Hirai City Clerk 89-302:. � ,., PueuC WitMlt s� lot �AlliNii.-Ail }ft& 'AillF�W1� 141 {? 1 {Y , October 17, 1988 's Mr. Sergio Rodriguez Submitted into the public Director c Departmentrecord in connectionwith } �A 275 N.W. 2nd Street item �`on 3A�3 Miami, Florida 33128 Matty Hirai } Dear Mr. Rodriguez: City Clerk Pursuant to the October 11, 1988 meeting with City, County and Department of Transportation, . staff,_ , we have reviewed, the Downtown . People ;;Mover Station locations and the City development order provision for an ;upper level pedestrian coRntiection.. We have determined that a station ";wag `not constructed in the vicinity of Biscayne Boulevard between S.E. 2 Street ;.ORN and S.E. 3 Street as stipulated in Section 5, Page A-19 of Miami:Ceuter; Y i We have . also determined - that the Comty will not construct a station at the above mentioned, location and; therefore, the" commitment_can 'never`.: became a reality and may be withdrawn. 4 t �^ very �Y 8, E �. Walter A. ilesitdon J ' Director :. WAH:saw r` _ F z i 1 ( }} Equal Opportunit /Handicap Employsnwc Ssrea 1•. omw ow ci TE PEOPLE U OR SE ci > m w GAR CE, ,ER PLAZA SITE PLAN NO SCALE PHASE 11 k to EXHIBIT MASTE R DEVEL MIAMI CENTER DECEMBER 20, 1 981 Uo Nkm IWER PLAZA -,-----7pHASE I ....... . . . . . . . . . . . SITE PLAN NO SCALE 4r PHASE 11 PMENT-'PLAN.- (REVISED) ROOF PLAN PHASE 1: 'J A -i U-3 al, OR wv11w 464 �l [ .HOTEL TOWER Submitted into the ublic record in co 'on item on -9b-34w, Matty HirQi City Clerk ArcMeOum PWmV kWww De*r t.Faunh Street Mant Fkxids 33145 Cal no 'tw 1'' . ........ .. ....... > :y M ER !1:,LAZk �-PRASE f- SITE PLAN .......... NO SCALE'.: c. 24 PHASE 7- )MENT -PLAN- (REVISED) ROOD RLAN 7� 7, .......... ... HOTEL TOWER k. Submitted into e public record * nnection with on Q!2 Matty Hirai City Clerk SELL PARTNERSHIP INC. a Ltd+ � er } a' k >ryw � 5x sx wWK r: t O"ARC T i 57;t; i T. V(TENT OF BURLE-MAF X m QW U M m d U co GARAGE I'11.41' s "CHEDULE MASTER DEVELOI 1►AIAMI CENTER I - PI flECEMBER 20.1988 PP C, f MR k f 'q t } • j je Y. January 11, 1989 INO nNe OA a k BY NAND DELIMi oil �� ti A Sergio Rodrigues, Director ve $o City of Miami -Planning Department 275 N.W. 2nd Street Miami, Florida 33128 _- Re. Notification Proposed Change MiamiCenter . If Development Order CO r Dear Sergio: ' Thins law firm represents the owners of Phase.l of_Miami Center 1, otherwise known as the northerly, developed 5.45 acres of property subject to the Miami Center I Development order `" (hereinafter "Phase 1"). On behalf of our clients, we are submitting herewith the complete required application form to amend the existing Miami Center I development order, the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact ("DRI")." This' application requires some background and explanation in order to put the request in its proper context. The Miami Center I (Ball Point) project originally was approved Q on May 24, 1979, by City of Miami Resolution`No. 79-396 the .'DO"). The originaY"developer, Holywell Corporation', thereafter commenced development of the project and eventually:'constructed' Phase'i, consisting of the completed -'structures now located on Phase 1-property The'original developer and°affiliated°`entities r filed voluntary Chapter ll petitions'in the bankruptcy courtoa August =, * 1984 . �On October 10, '1985, the',present .. owners p urchased Phase I'from the Liquidatinq`Trustee in the bankruptcy µ matter: At the ime the``present owners' acqu red 'Phase k' there= . were a number _ of . outstanding DO `concerns. - Ia fact;` at ,the ,times$ of such,: acquisition; there was no final .certificate ;of occupancy ; �y for.; any' of:'the Phase ' 1' . Th improvementse new owners of `Phase.: i :executed a Covenant--to-Run with the Land, recorded n`OR9 12786;. r .at pagW.658 in the.Publid Records'of Dide"County; Florida.(the - Covenant" ),< in order to`; obtain final 'eertifidates ofoccupancy .for�the Phase i improvements. A copy of the Covenant 18 enclosed. 8 302 MWN OMN 516 Nam FWW WO 440 Pdm W4Y 1200 Nam Fsftnl Hiahwo 310 Wag Cahp� AYWW 4000 9w*md Ft�ecid CWW 1200 NOrNX * COON 1 Pin BM A FL 33400 Bub 40 TIirMIMR !3 3 It• i4a FL (004) 22Q•41ii< �,� MWK FL =131.2= WiW Palm Bonk R. 3SM •4307 (407) ti60.= Boo. Pak n. 9313Z OM 5"-2000 (40'0 On0.7200 in 304.8m, 44/0 we pox 3n8•1418 FWC N07) W44Wr x} , a slit ►e re is t+ eoto3� a Sergio Rodriguez, Director January Ili 1980 item - IX an Page I, Nlatty Hircli Aft When the Covenant was executed, there VOW* r44ajor con6arns relating to the DO: 1. Smoke evacuation system for podium retail area. 2. Landscaping for the Bayfront Walk. 3. Traffic signal to be located at. S.E. 3rd St. and Biscayne Boulevard. 4. Upper level pedestrian connection to the Bayfront Downtown People Mover ("DPM") station. 5. Landscaping for east end of Chopin Plaza. The owners of Phase 1, along with Karsten Realty Advisors, their on -site representatives, have been working diligently during:the; past two years in order to address and resolve these Do concerns. The following discussion addresses the status of each of these issues. 1. Smoke Evacuation System. According to the September 13, 1985 memorandum from K. E. McCullough to Walter" -' Pierce, .a copy of which is attached to the Covenant, the fire department established on August 22, 1985 that the smoke evacuation system for Phase 1 was satisfactory with respect to all areas of the Podium except the retail area on_the first. , ! floor. Accordingly, final certificates of occupancy for the.:, office Building and -the Hotel -Podium were issued, subject to"the condition -that no: further retail space on.the first floor of .the.: i; Podium would be' occupied until a certificate- of .use.. -,for each,"such ". reta l space was.issued. The memorandum from Chief McCullough further required that such :retail space be serviced :by a;smoke, evacuation;.system;;meeting ,.the. -requirements .of the relevant -f.ire , and building codes. L Since acquiring Phase 1, the new owners have spent over y5 $400,000 in order:;to. meet..,the. requirements: set:.forth in Chief McCullough's.September�13, 1985:memorandum. On.November�:3,,1988,. the -smoke_ evacuation- system for the retail; APT'' on the :Podium ry `! was successfully tested and .the; ;City, :, issued--Certif icates Occupancy Nos., 29208 and 29209 ,against-1BuildinqPermit.,Nos , the retail u - _ 88-1972- and. 88-1973 for the: construction; ;of � -:smoke a evacuation system... Copies. of_ the, Certificates,.of;Occupancyrand •, permit cards showing final inspectiono.approved by,the,Building ., Department are enclosed. - ■ i on ii ..3t32 t, Mk 1- Subd Sergio Rodrigues, Director in conn0. ection Vvith January lit 1989 , Page 3 2tern "` i on a . Landsca in of Ba front walk. Natty Hir Paragratie DO requited dedication of a pedestrian easement of not es 20 feet to the City of Miami in perpetuity for the Bayfront Walk. This paragraph further required the original developer to construct the Bayfront Walk and provide furniture and landscaping subject to City of Miami approval. At the time the present owners acquired Phase 1,.the Bayfront Walk had been dedicated and -constructed. The present owners retained Sasaki Associates, Inc. to prepare landscaping and furniture.plans for the Bayfront Walk. The City's Planning and Fire Departments reviewed these plans and submitted their comments. The present owners subsequently retained Albert Perez Associates in order to revise the previous plans in a manner which would be consistent with the owners' overall improvement program for Phase 1. The revised plans prepared by Mr. Perez and dated October 26, 1988, have been submitted to the City's Planning and Fire Departments. At a meeting with Miami Center representatives on December 13, 1988, Jack Luft indicated that he would recommend that the Planning Department approve those revised plans. Work will begin on the revised plans immediately -after staff approval, preparation of design documents, and completion of the bidding process. 3. Traffic Signal. Paragraph 8 of the DO requires installation of a traffic s-ignal at S.E. 3rd Street and Biscayne Boulevard. Paragraph 3 of the Covenant contains the commitment of Phase i to provide this traffic signal when and if it is required by the City. The owners of Phase 1 intend to install this traffic signal when traffic conditions -so warrant in a manner'which will control Biscayne Boulevard traffic in order to permit safe and orderly access -to and from the Miami Center Office Building - parking garage. The owners of Phase 1 recognize and affirm that this requirement is a continuing obligation of Phase 1. 4 People -Mover Connection, Paragraph S of the DO required the Developer to provide an upper -level pedestrian connection from the project to the DPM station to be located "at, or in the vicinity of, Biscayne Boulevard between=Southeast 2nd and 3rd [Streets]." As indicated in the response to Question S'.of the enclosed Notification of Proposed Change, it is our `position� that since the necessary condition precedent to'this obligation has not occurred, compliance with this DO -obligation is no longer necessary.Furthermore, as more specifically described in response to Question s of the Notification of Proposed Change, compliance with this condition is no longer feasible or desirable. Sergio Rodrigues, Director January 17, 1959 Page 4 „k �Matt_yHirai Accordingly, we are requesting that Paragraph 5 of t i9IYD3I%r8"k eliminated. 5. East End of Cho in Plaza. Paragraph 4 of the Do - required the original developer to provide landscape treatment for — the easterly end of Chopin Plaza. The owners of Phase 1 have maintained that a number of intervening circumstances have occurred - since adoption of the Do which should render compliance with this paragraph unnecessary and infeasible. For example, a design for redevelopment of Bayfront Park has been prepared. The Army Corps of Engineers has installed a seawall, riprap and water taxi dock — "' facilities on the bay side of the east end of Chopin Plaza. A sidewalk and underground utilities have been installed at this _ location which preclude at -grade landscaping. — _ Miami Center Phase 1 representatives have expressed this = view to staff on a number of occasions, and have recently met,with Jack Luft of the Planning Department in order to discuss this - issue. We continue to believe that the above described subsequent events have rendered the Do requirement for the originally - contemplated landscaping to be inappropriate and infeasible, since such landscaping would block access to the water taxi docks. The owners of Phase i are willing, at present, to install above -grade landscaping in the east end of Chopin Plaza, and have instructed. their landscape architect, Albert Perez, to work with staff to - arrive at an acceptable solution to this issue. S f Burle Marx Plan. At present, the owners of Phase 1 are conditionally obligated to implement the Roberto Burle Marx Biscayne Boulevard Plan along the Biscayne Boulevard frontage of Phase 1 of Miami Center. The obligation is contingent upon the r City's implementing a funding mechanism for all of the Burle-Marx Plan, and may not require compliance until approximately June 1991, at the earliest.- ` As indicated in the response to Question 10 in the K enclosed Notification of Proposed Change, we are willing to accelerate implementation of the Burle Marx Planal`ong,the'Phase 1 °x SiscayneBoulevard frontage, and for a portion of the Phase;'1 Chopin Plaza _frontage, within a short time after the'* outstaiiding `` �, DO issues have been clarified. Since Miami Center Phase 1>:is the.. 4- flagship property at the southern terminus of Biscayne Boulevard,' ;= the implementation of the Burle Marx Plan at this location at a cost to Phase i owners of approximately $300,000 - will provide F: value to the city, since it will 'serve as an impetus for other property owners to follow suit and similarly implement this pioneering plan for the redesign of Biscayne Boulevard. This r offer to accelerate the Burle Marx Plan, like our recent offer to clean up and resod the south end of Bayfront Park, is an`example �'' 897-302 1 j `;. gum n9I""&DVb Sergio Rodrigues► director January 17, 1989 Page 5 of the Phase 1 owners' willingness to cooperate with the City in order to achieve public interest goals. Partial Release. We anticipate that, by the time the City Comm ss on considers this request, all issues relating to the - ,� east end of Chopin Plaza and the Bayfront Walk will be resolved and the landscaping of both of these areas will be substantially complete. Accordingly, since the Covenant acts as an encumbrance on the Phase i property, we are requesting that the City execute, simultaneously with issuance of the requested DO amendment, a _- Partial Release of Covenant which indicates that DO issues no. 1 (smoke evacuation), no. 2 (Bayfront Walk), and no. S (east end of Chopin Plaza) described above have been satisfied; that the Do obligation relating to the traffic signal (issue no. 3 above) is a - _ continuing obligation of the project; and that issue no. 4 relating to the upper level pedestrian bridge is no longer an - obligation of the project. Such a Partial Release will facilitate future financing and conveyancing of the project. We have enclosed a proposed form of Partial Release for your review and approval., - . Finally, y, we are requesting an expedited hearing of this matter, to the extent permitted by Section 380.06(19)(f), Florida Statutes. Such expedited hearing will permit our client to commence implementation of the Burle Marx Plan, as more particularly described in the Notification of Proposed Change, as _ soon as possible. We look forward to your favo able consideration of these requests. Si c r y , J re o P.A. cc: Guillermo Olmedillo, Deputy D r t r Joseph McManus, Assistant Dir c or Gloria Fox, Hearing Boards Submitted into t1�e Jack Osterholt, SFC ; RP Tim Allen, DCA record in connection with John Lundsten - Iv Rob Dawson item :j • Z on G. H. Denniston, Jr. Steven Ring Mafty Hirai Enclosures: City Clerk - Notification of Proposed Change - Covenant Certificates of Occupancy - Proposed Partial Release - City of Miami Application to Amend Development Order 17638 i y< e% Owl a MIS 6 TO: :k RLTURN Jeff" II&CO* ttee, F Awwh- Miss% F101do 33131-23" COVENANT ft" *M VMW T ft THIS COVENANT Is made and executed this day of February, 1996, by CITY NATIONAL BANK Of MIAMI, AS TRUSTEE UNDER LAW TRUST NO. 5008793 ("COVENANTOR") in favor of THE CITY or MIAMI, FLORIDA, a municipal corporation of the State of Florida, in the County of bade ("CITY"), WHEREAS, COVENANTOR in the owner of a portion of Tract D, Block I of "DUPONT PLAZA" according to the plot thereof, as recorded in Plat Book SO at Page 11 of the Public Records of Dade County, Florida, described in Exhibit A attached hereto and made a part hereof (the "PREMISES"); and WHEREAS, COVENANTOR has agreed to certain matters set forth herein with respect to the Development Order affecting the PREMISES issued by the CITY as authorized by Resolution No. 79-396 adopted by the Commission of the City at a meeting hold on May 24, 1979, as amended by Resolution No. 80-707, dated September 25, 1980 h "Development Order"): and WHEREAS, COVENANTOR ham requested the CITY to issue a Final Certificate of Occupancy for the "Hotel -Podium" and the Edward Sall Building located on the Premises, and CITY has agreed to do to the this so subject execution of covenant and the matters set forth in the September 13, 1985 memorandum from K.E. McCullough to Walter Pierce, a copy of which is attached hereto as Exhibit B, in order to assure compliance with applicable c building and fire codes as well as the Development Order; 0 0) WHEREAS, this Covenant to Run With the Land is being executed in order to assure that the matters set forth herein will be accomplished. 0 NOW, THEREFORE, in consideration of the covenants herein 0 contained, the parties hereto agree as follows: ra (1) 1. COVENANTOR hereby covenants and agrees that it .0.6 .5 will provide landscape treatment for the easterly end of Chopin A Plaza as a means of connecting the Bayfront Walk with Bayfront 0 Park and maintain same as required under paragraph 4 of the Development Order promptly upon completion of the Bayfront Park U2 seawall by the CITY and Corps of Engineers. 2. The Downtown People Mover Station which paragraph 5 of the Development Order contemplated has been relocated approximately 450 feet to the North and 60 feet to the West of its original location. It is COVENANTOR'S position that compliance with paragraph 5 of the Development Order (a) is no longer necessary or feasible because there is no Downtown People Mover Station located "at, or in the vicinity of, Biscayne Boulevard between S.E. 2nd and 3rd (Streets)", and (b) should be the neighboring landowner's responsibility, either solely or jointly with COVENANTOR. Accordingly, COVENANTOR hereby covenants and agrees that it will, within three (3) years from the date of this Covenant, (x) obtain an amendment of the U Development Order to delete paragraph 5 of the Development t Order, and/or (y) obtain a final judicial determination that such paragraph 5 is no longer operative and binding upon, COVENANTOR: provided, however, that such three (3) year time limitation shall be automatically extended for the period..1 necessary to complete such administrative and/or judicial proceedings so long an either of such proceedings is pending and is being diligently pursued by COVENANTOR. If paragraph 5 of the Development Order is not removed either by amendment or final judicial determination as provided in the foregoing sentence, then COVENANTOR will comply with the provisions of said paragraph 5 if required by the CITY. 3. COVENANTOR hereby covenants and agrees that it will provide a traffic signal at S.E. 3rd Street and Biscayne is Boulevard if such traffic signal is required by the CITY under the provisions of paragraph 8 of the Development Order. 302ar . . . . . . . . . . n n n 4. It is COVE14AMM-19 f iitt0t that -ihothH4 tet forth herein shall amend, limit, vitiate, modify or otherwise affect (a) the rights or responsibilities of other owners of land subject to the Development Order; (b) COVENANTOR'S right to require such other owners to perform all or a portion of the matters set forth in this Covenant; (c) COVENANTOR'S right to require such other owners to contribute payment for performance of all or a portion of the matters set forth in this Covenant; or (d) any of the rights, privileges, benefits, obligations or responsibilities set forth in that certain Grant of Easements and Declaration of Restrictions dated May 14, 1981 and recorded in Official Records Book 11102 at page 2247 of the Public Records of Dade County, Florida. Nevertheless, COVENANTOR agrees to remain solely responsible to the CITY for fulfillment of this Covenant, although COVENANTOR may seek contributions from other parties as stated in this paragraph. S. It is expressly understood and agreed that the covenants set forth herein shall run with the land and this instrument shall be binding upon COVENANTOR and its successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to the PREMISES or any portion thereof. 6. In the event of any litigation regarding the enforcement of the provisions of this instrument, the prevailing party shall be entitled to payment from the other party of all court costs and reasonable attorneys fees incurred in the litigation, including any appellate proceedings. 7. In the event that COVENANTOR shall have complied with the terms of this instrument, then the City Manager or any other authorized official of the CITY shall execute and deliver to the COVENANTOR such documents as may be reasonably requested by the COVENANTOR to indicate full compliance with the obligations of COVENANTOR and to release this instrument of record. IN WITNESS WHEREOF, COVENANTOR and the CITY have caused these presents to be executed as of the day and year first above written. Witnesses: �f ONAL BANK OF MIAMI, e under Land Trust ,`�O0 Trus Qf ider and Vice President �[' t ALL r i E ^► J SE&t �. r STATE OF FLORIDA ) COUNTY OF DADE ) The execu ion of the foregoing instrument was acknowledged before me this i day of February, 1986, by Trust Officer and Vice President of City National Bank of Miami, as Trustee under Land Trust No. 5008793. <<tua�:•:,,,• My Lk commission expires: irr - Notary Public, Sta*Li fT£ orida 5887E N. ,.. -2- 4 ry^ ^^AA iiii ,,✓✓ YP '•K - AN r sit 1 F► portion of Tract D, Block 1, of DUPONT PLAZA according to plat thereof as recorded in Plat took 50 at page _ 11, of the Public Records of Dade County, Florida, being more particularly described as followae Begin at the Northeast corner of said Tract b and run West along the North line of Tract b for 645.04 feet to a< Point of Curvature; thence Southwesterly along a circular curve -to the left having a radius of 25.00 feet and a central angle of 61 n degrees 26 minutes 00 seconds for an arc distance of 26.61 feet x to a Point of Compound Curvature; thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 28 degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of Tangency; thence South for 293.50 feet (said last mentioned four courses being coincident g` with the boundary lines of said Tract D; thence East for 179.41 x feet; thence North for 150.00 feet; thence East for 5:.5.36 feet;: thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, } lying and being in the City of Miami, Dade County, Florida. Submitted into the public record in connection with item 1.12- on 3 / F Q, j - Matty Hirai 4' r City Clerk VIK i_ d-- q Ir> tr J� �t. b s R. E, Meculloughr Chief,, Director of Fire, Rescue and Inspection Services VICLOf V Rtsl 100 thopin Plata Miami Center/Pha Final Certificat This is in reference to the letter dated August 23,.1985, R�r._Robert C. Sommerville, P.A. to you, in regards to the Final Certificate of Occupancy of the Miami Center/Phase I project. The smoke evacuation test in the public corridor of the Podium tondutted by this Department on August 22, 1985, established that the smoke evacuation system Was satisfactory with respect to all areas of the Podium except the retail area on the first floor of the Podium. This Department will iuthorize the issuance of the Final Certificate of Octu panty for the Edvard Ball Building and a Final Certificate of Occupancy for the Hotel -Podium, with the condition that the Hotel -Podium Final Certificate of Occupancy provide that no further retail space on the first floor of, the Podium may be occupied until a Certificate of Use for such retail space to be occupied is issued; and, such retail space be serviced by a smoke evacuation system which has been tested by this Department and found to comply with the requirements of the South Florida Building Code. Thus, the Hotel -Podium Certificate of Occupancy itself will contain the requirements that the retail space satisfy the smoke evacuation requirements prior to occupancy of same. - Mr. Theodore B. Could and Mr. Robert Sommerville. P.A., were advised to contact you in regards to the outstanding approval by Planning and Public Mork Depart- ments. and as soon as we receive these approvals the Final Certificate of Occupancies will be issued. Submitted into the public xEN/erj cc: S. Jorge -Ventura, A.I.A. record in connection with . D. H. Teems J. A. Cenuardi item on 3 k= 'L. M. Jimenez' V. Martinet Matty Hirai.. Readingfile Services file Clt Clerk - aseem A on= Itntm Uft ` IF MR WWI. FMIS. Novo 'OBQ, t[CBARDP.bR.F.V ,#, 4 CLUX CIAMIT CO AI { i 9.p i 1� Exhibit BPT _i �f a IIIIIII�®SIlIIIIIIII I i i � a i 41 11UILDING CERTIFICATE OF OCCUPANCY BUILDING AND ZONING DEPARTMENT tO. CITY OF MIAMIrq , FLORIDA ♦y. �.:. Owner _ har5ten, Realty Advisor,', _.;. Permit Holder _ Morse/Wesel, Inc. Legal: Lot.... TRll_ _ Block 1 Subdtvlslon . Addressl;kza _ Eh1clrleN OK _-- _-- ---- Use..-_. _ .epgnt Fp.!jce Ground Floor BP# 88-12� This Certificate of Occupancy is issued to the above -named permit holder for the building and premises at the above - described location, and certifies that the work has been completed in accoance with Ordinance 6145 and ordinances' applicable thereto. �R October 25, 1988 Data FOIW 1018 REV. F.. BUILDING CERTIFICATE OF OCCUPANCYNIS BUILDING AND ZONING DEPARTMENT CITY OF MIAMI. FLORIDA No. o r k Owner Miami Center. Holding:' Partners Peraslt Holder Morse/Diesel. Inc.. ' r - 0 k Lapel , Lo/_ TO Block 1 Subdivision Dupont Plaza _ - - — rp " • f Atikfrefs 100 Choyin Plaza ENcbkd OK►•- r Usti Tt,nant Spak a Ground r This Cortitit atd'uf Occupant:y is issued,10 tho above•rtamed permll holder for the buwin t and ronu..r ►lit the .ttatw ! p =� 41 rived lurattan, alit) coftilias (hat the work` has, bow complotod In Ice rdance wgh`tittiliu en, GWri, mitt oftb1 .ltn,'E• "t t lit ti►htIII slit 1111.111161 ilAta Ili f�tl�1 .It�= (1plTOR StH♦fiFrlOtAR ' T PS. {„,..,.�.x,. ':.. .4 ..1,. w.� '' � ..r, .,y:,.. 1 t. <. i ` u• A. . .K., ... x.'':� y, xr.. , .. � ._. .. .=;i ,. .. .CONTRACTOR ? ''� %•' t: �' .�C ?i�5`.2 ..�..'[ �.I ram: L L4 f=''"yC�� a... RUIWI rfllpeCt101Ir ' ;'� .. ``r s FOR ',:� •: C:�!!. "'Odectrfcalinspectlolu a �a.<: �'• T96l, •'• Z, r ��,�-�, 11 a r:. �'Ai Fir.3Impeittians .. �•,, 37 ii �I PROM 9 4 •1!schar►:ul Inspection = �.'�0-MIG *LLO':s"NG WORKDAY 'WHERE1�0$5161:':4,: THE PERMIT HOLDLR V :; it = ACE%T £I -;A -1 NX:FY --'E F!'1E, AESOVE. AN6 INSPECTION Saimcsi �1 .,♦111L`r_ r RECEIVE INSPECTICN APPPO' r . F::rc- : :Cr Ft.'.v' ut.t ONO THE AEOWRED INSPECTION#Tj10� • i t'/_R fXZTA,RY EXCAVATIONS. HAVE'®L'�N ADE.�.f,G `EAfCT>rC•:� FOUAfDATION iNSAECTlDN: "+, t = C: - :. , AcLNFORC1.11G STc'EL ?LAG .r �,: t'A- = j F:;'hS:.rocrED. :r, . .;.•`.. - :� P/LE WSPECTION: TO BE M-411 :n r`4"llr3 OF T+IE PILES AND AF: ER ALL PILES ARE DRIVEN AND PORA13 Ai1'.7 REINFORCING ST"EL Ar IN r�L. :F...'►g ';i::. aUi�ciFG# : PLAC;&a ANY CONCRETE. A CERj!f/Eq�1L� !— SUBMITTED i0 THE BUILD'rw 'rC,AL I!Y THE SUPE=V;SlVG•ENGINEER. ? =:` �1EIIiE1011C010 INSPECTION: MZ =S, CO_ IV.- S. SEAMS. ETC...' T"E (WADE AFTER FORA/SAIo*Tl1ECTEa- w STEEL ACCURATELY PLACED A'.3 TIED A?:> A` ! TO RECEIVE CONCRETE, CLEANED AND CLEANOUTS +V REQUIRED. ALL PIPING AND ru'C'S!." .= » • cArC•Fr.'�EWECt;NCRETESMALLBEINSPECTED AND APrROYEDIr7i�E = INSPECTORHAVIN5, JURi=J G-,!`!: ! •.'C: ': :.. . .0!NG IPtSPECTIOIL FRAME INSPECT.'ON: TO b ' %. i C Jv► _::£: r•rrD AFT:irk ALL FRAMING, FIRE BLOCKING, FURRINIL• AA': — BRAC/Nt3A.R_ 1NfLfi:.t: a.":L "�••• `:: i'G.�' `= `:'' c -C -ILL i:; =!!APR'JL%v'N.EDIN. LATHANDPLASTERWORKYAYNOi STARTED UNT/L ALL ROUGH FL:: A&;) E76— IV -CAL IN.STALLATICNS ARE INSPECTED ANDAPPAOVE:: BY THE DIVISION INSPECTONS. LATH RJWCTION: 1. AIDE AFTEFr •:Jt EEA:,I+F F: ASTEAINO. DRY -WALL INSPECTION: MADE A,FTE? .:� R?'-I:'ALL IS E':C'ED. BUT BEFORE NAILS OR FASTENERS ARE COVERED. CURTAIN -WALL, WfNC ONr, SLIDING -GLASS DOOR INSPECTIONS: TO BE MADE AT EACH FLOOR LEVEL AFTER UNITS_ APE INSTALLED, BUT BEFORE ATTACHMENT AND CONNECTORS TO THE BUILDING FRAME ARE CONCEALEDi= INS&hArj" ffjWCTiOft TO BE MADE AFTER INSTALLATION OF INSULATING MATERIALS AND.PR/QR TO itIE/A�tfNA ' OTHEAINWCTIONB: TO BE MADE AS THE OW1tlERORCONTRACTORORBUILDING OFFICIAL MAY REASONAst1'REGIkST FINAL INSPECTION: TO ar A:_,":::' i::i ; NE Yh'•'-PK 'S ^N?LETEU !•':D THE STRUCTURE IS 'READY FOR OCCUPANC'. SUBMIT A LIST OF SUBCONTF•ACTO RS. - SPECIAL INSIECTION: TO BE MADE OF ALL MECHAAfJC4L vvSTALLATIONS, SIGNS, AND AWNINGS IMMEDIA40 UPGy COMPLETION AND AT SUCH !NTE.RVALS DURING 'P�_ PRO -F=SS OF THE WORK AS THE BUILDING OFFICIAL OF TI+E CODE MAY REQUIRE. - wo-• tCS _ THIS BUILDING MUST BE F111AL-:n'SPFCTEP AND A ; E0'i1rICa7E OF ACCUPANCY ISSUED BEFORE I? -IS OCCUPIED. 7716::S PEPMIT DOSS NOT COVER f!tiSTA-'L ', IC.N OF ELECTA,;;AL, PLUMBING. ROOFING, BOILER, ELEVATOR, OR AIECHAN;C:: WORK. SEPARATE PERMITS MUST SE SECURED FAC-m THE PROPER CIVISIONS BEFORE ANY WORK INVOLVING THESE INSTALLATIONS IS DEGUN. NO INSPvCT:CN-T :S;L_ : _ '.:Ai _ UNLESS THE APPROVED PLANS ARE ON THE JOB. . PRESERVE THIS M%;ORD Of YOUR BUILDING INSPECTIONS ^ • This card must to oasted in a ccrspicucs Fi?ra e? c- ar,!nr T_tn entrance to the new building, addition or alteration C,:r:- a founda:ica and ftarn;ray :::,AS::.;::.�:i ZA.:; p.+:... _ d :_. _ :oi insaactictt by designated City Official • When the budding is framed :n:s CvJ rr.ay a: re e• :..•ia meter serv.ce box or the garage, and must always be avai:at e ® the budding in9l:eGtor• - _tc. _ . _ - • (in-•ss apecif.ca+lr :J�••,t•�' ••+ a �• :� -'r� • ' �e:, -: "=''=.ru�nc': c} a huiidEng permit does not authorize ti+e inx3 :.• ; - O' Word: such as fG�} ^J ;�'-r h;nr. Cc'f.L''�_ •�:'� 1: ^� ... CC^:j`ticning End retrigrratio�f tt 1..� ss^tc Lanks.:,c:cFrs. _..u•e .c'3�uls. v . - .. :vttures, i^s::lletion of signs, aw-Tfi'Ic.;•+►t!ti:n:puJ�� C srpara'e permits. re[+[�f • Building p?rmits 0zll exa+ro 18B 1 cr.ys trorr• c.: c•' +ss. a^-e :! !%e work permitted thereurna"o��e%nQ ii.: Wlth permit :a:' :- E!G~ pe-Init i.^. suspended arabitndoned fora per.:.d of wo1R commences cr from Cate of IGrt c.:SF t::.,. item _on ',t" :s 3 COVER CLOSED Matty Hirai s �+ FAILURE Ti.• ��^?_:': •; y.i:^.'.' .',' : !.:..:!..'; i:� tr:'S Z!X:) ":.�.'; ih: =11�T IN :C'• ity. Clerk ... : $... --302 E ISPICTI DATE COMMENTS Ai^d 3/ se se- ) A01f SAL 410 wwpLumal INSPECTIONS ............ GATE 114SPiCT71 I isiCT0 COMMENTS fItiSPECTIONs X. 7�- INN.#16 ;=,-3 ...OAT sy mumu"L 0 INSPECTIONS FIRE PREVENTION INSPECTIONS INSPECTOR COMMENTS DATE INSPECTIONS I A; X 2z FINAL ZONING ININ.SPECT01 SPECTIONS COMM' • Mitt INSPECTIONS DATE record in connection item 1111 Q-0 FINAL ------ City Clerk FINAL INSPECTIONS OCCUPAN'CY OF THIS rUILDINOBTAIG BEFORE NED IS A VIOLATION Of 0-11A:"-",*NA1-"CF ZONING OCCUPANCY PERPMT CITY OF MIAMI INSPECTORS WILL NOTE ON FIEvrpse ME ANY MAJOR 11 ErA3 INSPiCTE 0 89-302 BUT NOT LISTED ABOVE 'CON TA ACTOR _S rL'%n"` CALL MO!"I 9 A.M TO I P.M. firit i,-AY DEFC!"IE Tm!i V: ilp'-ftc7l 0? 4 1 ` 0 " 1'.;Z , . 1- ;irL L P0_ I LE. *HE PS' MT P[-L!iILP 0.1 h:S P .c!;T N0-:7Y T. le FI.P.F- -rZ:- -5 n &C E! Vt NSP E C T,'0'4 A F P VA L Z Z.77) A E P!--. LLEZ-04 3 Z E YO.N 0 i 1: -- 0u.r- F_ a :- I %-:jrZ:,a I SlrA:; _& 0% FOUNDATION INSPEZ7ICN: 10 fic- MPDE A,:FER ?V_*Cf`SZ Y A' 7': A Z HAIVE CEEN MA Dt. 'PORW -IF.44 REINFORCIN" STEEEL PLACE L.4- A G ES, AEPLISHED. PILEINSPEC"NOM' TO ZZ MACEDiri! 4.3. 1-ftc rjAI0N;3 0; rHFP.L�S A.)VZ0Ar-,.EA ALI. PILES ARE DRIVENAh0FCP.MSAA,_b PEINFORCING 5 rFrLoe "'r 17,:;t:,-=E f L4 S, % 0 ANY C 'N;RE? A ;E TIFIEOPILev LOG Sp�E -'SUIPAUTrED TO :HE BUILDING Os:,FiC!AL E-y *HE SL!zEpV1'5lNENO ;VEER. G ENNEER. - BEAMS. ETC-) ID BE MADE AMR I-OftfS ARE ERE`66.-&'_1146y4��-:" STEEL ACCURATELY PLACED AIVO TIED At,0 A.45t. TO RECEIVE COVCRETE. CLEANED AND CLEAROUrS Pft0Vj0ffj1W..q- REQUIRED. ALL PIPING AN DUCT VT'-f?X IN ANAp,1-,A To I-,,: _yj V:7 C.SI-JA _1L BEINSPECTEDANDAPPRO VEDNY rr E INSPECTOR HA JURiSDX 1'N* F JC-:*.''�O - C !LL FC; S, U1. L, tv IS uvS.0EC7. ON. FRAME iNSPECT,'006- T#7 FE h�'.: 7 AT F7,1 AIVO AFTER ALL FA44fi-AVS. FIFE BLOCKING, F1jFjR,.N'i. AOC BRACING 4PF N E. -W.. STARTED Uh71L ALL Fcivah INS TALLA TJI:�#NS ARE 1f!SPSCTE.,w, ANDAil-��Fi:_, 8 Y THE DIVISION !NSPECT.-C E� S. LATH INSPECTION. '.4ADE AFTER LA7)4ING CXr LE'CIA-r PLASTEPiNG. DRY -WALL INSPECTION: MADE AFTER DRY -WALL .rSERECTED. BUT SEFORE NAILS OR FASrEuEftc, ARE COVERED. CURTAIN -WALL, WMDOW, SLIDING -GLASS DOOR INSPC-CrjON&- TO BE MADE AT EACH FLOOR LEVEL AFTER UNITS APr-. 1AISTALLED, BUT BEFORE ATTACHMENT AND CONNECTORS TO THE DUIWING FRAME ARE CONCEALED..:-%-*. WSULAMN WSPECTION. TO BE MADE AFTER INSTALLATION OF AVSULA TING A TERIA AND Eli 8j -0 41 1.4--3 At LS PPJO4 70 TM OTHER WSPECTIOW TOBEMADE As THE OWNER OR CONTRACTORORBUILOING OFFICIAL MA VREAS(WARLYNEGMt FormAt INSpre7jCg. To CE MACE T!, 7 VOA.r5 COUPLETED ANrHZ STPUr-r."Cr. .?!rAnv CK-% A~ f-A PON SUBMIT A LIST OF SUBCONTRACTORS. SPECIAL WSPECTION. TO BE MADE OF ALL MECHANICAL INSTALLATIONS, SIGNS. AND AWNINGS IIWUEDIArELV U;%-.V* COMPLETION AND AT SUCH INTERVALS CLIP:NG THE PROCRESS OF THE V.1007t. AS THE BUILDING OFFICIAL 0.4 rr--n CODE AIA k'PZ0V'i,-?E. NO T f E THIS BUit-DING MUST 6E FINAL-IfvSPEC-jED AND A CERTIFICA Te OF OCCiJPAvr. V tSSv.F.D ekFORE IT occivi,-iED. T-.a PERMIT DOES NOT COVEP INSTALLATION OF ELEITPICAL, PL1.9W910113. ROX;VC, flOfLER, ELEVATOR, OR f,#ECKA.1v'Z,;: P10n:Z. SEPARArE PERMITS MUST BE SECUAED F-IOM TPE PROFER _--->VISIONS BEKIFE ANY ViORK INVOLVI.N2 etiSTAL'.LA7IONS IS BEGUN. NO INSFECTICA'S WILL CIE MADE UNLESS j-HE APPf!rjVEV PLANS APE O.V THE JOB. PRESERVE THIS RECORD OF YOUR BUILDhiG 1-Mew-'PECTIONS • -",is cn.,7! n pcss-d in a ccr.spicucs ;.a-.e 21 or near the main omrancea t.-.e tiew ouij.:;=. rC!d:hom cr ge aal".- • Vmvi ttet bu:,1j.r.g;3 fr-trr.cd this :-a:-d Ina edd at the electric rn�:er zvv:zt '1:_::;;h:%:;2ra-7t and must alwzyz be V,.r; bid:fln; jr.soec:ar. of wo-k s-,ch Csrzolm3. pl..mL.rg, e1w*::2* hmwg. air cj,.z: teptic t•5-Iks. 1ftrs, pross-vre v-.,:zq',s, R.;ng, m.,ving of stru%%:?i, c! .;q4rj etc. • BLi.Jiflq, ;.orrmi's sha!l expire la days from nve Oissuance if ter vv.,!-- 1'er--ndw,%3s not Flee nc,.m;r1s.-r: wi-it s-.av wso cxr,%;Pe.f *fie cr w:�,k a.;*:,��rized by such,...,;!-.. �'l ias . ! in!;ez:,,m :�Iabn,6 w-.rk c".mences or f rcm date SubfilMd"bViM ;ffbg ,4 K E 11 22P T 1- V I 013t CC VNE: 11.*6 e0l UPCTO 47 rd connection with J J 4 89-302 Matty kirad City Clerk f � INSPECT:0NIS INSPECTIONS . 1 PECTOI� L— 1NSPE&CM: INSPECTOR, ' 444- _ r 1NAL ZOtII:- %� < +�w FIRE PREVENTION INSPECTIONS INSPECTIONS DATE col-A.i,E!4TS INSP CTOR 1 _ FINAL -/ I r "20NING INSPECTIONS INSPECTIONS DATE Cr OM :'=NT'S Submitted SPECTOCI record in connection ith FINAL City Clerk OCCUPANCY OF T.f'S BUILDI`SG F F"RC F,N AL. !NSPECTIONS A = !►%:`^ �, s': ZONING OCCUPP=..f4CY PERM.1i'G81A!,14F.0 13 A i/IOLAII ION OF ��C'r?Dli�it.F:C: = ` 1 y i OF t,t 1j1 1 n t1'a"PECTC IDS i::LL !i:; s E :;N ri ' ": DE 89"302+ _! 1 AIIY MIAJ0R Iiu+S 0C.'PirCTED E UT NL`T LISTS C ":' .^.V!: THIS PARTIAL RELEASE OF COVENA14T is made and executed this - ,, dap of 1989, by THE CITY OF MIAMI, FLORIDA, a - municipal corporat ono the State of Florida, in the County of Dade (th "City") in favor of CITY NATIONAL BANK OF FLORIDA, AS ri TRVSUNDER LAND TRUST NO. 5009793 (formerly known as City TEBe National Bank of Miami), its successors and assigns (the "Trustee"); E� NI TNBS 9 E T H N WHEREAS, Trustee is the owner of a portion of Tract Do. h V Block 1 of "DuPont Plaza", according to the Plat thereof as recorded Page the Public Records of Dade County, ti in Plat Book 50 at 11 of Florida, described on Exhibit A attached hereto and made a part Omod+ V hereof (the "Property"); O WHEREAS, Trustee has made and executed that certain k_ pCovenant O to Run with Land, dated February 7, 1986, and recorded in Official Records Book 12766 at Page 658 of the Public Records of Dade County, Florida (the "Covenant"); O WHEREAS, the Property is the subject of a Development y N H Order issued by the City as Resolution No. 79-396 (the "Resolution ,� adopted by the City Commission at a meeting held on May 24, 1979, ' as amended; and O C� O WHEREAS, the City desires to release the Trustee and the Property from certain portions of the Covenant and the Resolution. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties hereto agree as follows: 1. Due to the relocation of the Downtown People Mover. station from its proposed location at, or in the vicinity of,. Biscayne Boulevard between Southeast Second and Third Streets to its current actual location approximately 450 feet to the North and 60 feet to the West of the original proposed location, and a number of other intervening factors which have occurred since the adoption. of the Resolution, the City hereby releases the Trustee and Lthe Property from the obligation set forth in paragraph 5 of the Resolution and paragraph 2 of the Covenant. 2. Trustee has fully complied with the matters set forth in paragraph 4 of the Resolution and paragraph 1 of the Covenant relating to landscaping for the east end of Chopin Plaza. - Therefore, the City hereby releases the Trustee and the Property from the obligations set forth in paragraph 4 of the Resolution`and paragraph I of the Covenant. 3.• The City hereby acknowledges that Trustee has fully - complied with the matters set forth.in paragraph:3 of the;"ResolutLon -!; n relating to dedication.and improvement of the portion of'the Bayfront Walk located within the Property, and has provided acceptable landscaping and furniture for such portion of -the Bayfront Walk as required by paragraph 3 of the Resolution. 4. Trustee has fully complied with the matters set forth x� in the September 13, 1985 memorandum from K. E. McCullough to Walter _ a Pierce attached to the Covenant as Exhibit B (the "Memorandum ^ relating to the smoke evacuation system. - Therefore the. City. hereby Lelessea tto 2tuatee and tho glOveCty &AN the obligation si9.io =, from, or described in, the Memorandum. ( 5. Notwithstanding anything herein to the contrary,. nothing herein contained shall in anyway impair, alter or, diminish the effect of the Trustee's obligation to install a traffic signal` at S.E. 3rd Street and Biscayne Boulevard, as set forth in paragraph a of the Resolution and paragraph 3 of the Covenant. . -,_ 89,�342 Y 00, rl� n en n 6. Other than A'M* eb1i i ,installa BtE traffic signal at 8.8. 3td OW SK44 liftlyfial �u:*6 yevard as set forth in paragraph 8 of the Resolution and paragraph 3 of the Covenant, due to Trustee's compliance, the City hereby releases the Trustee and the property from all of the remaining obligations set Earth in the Resolution and in the covenant. 19 i1lTlipD88.I KSMOr, the City has caused this instrument to be executed by its duly authori:ted representative as of the day and year first above written. ATTEST: THE CITY OF MZAMI, a municipal f corporation of the state of Florida By, - CITY CLERK CITY MANAGER _ APPROVED AS TO FORM AND CORRECTHE;SB: Try Jorge Fernandes, CRY : Attorney '" T 1: STATE OF FLORIDA ) COUNTY OF DAD$ ) The foregoing instrument was acknowledged before me this day of , 1989, by Cesar Odio as City Manager of THE ' CITY OF MIAMI acfpal corporation under the laws of the State of Florida, on behalf of the corporation. Notary,PublIc, State of For a My comnission'expirest (Seal). Prepared by 6 return to: *Submitted into the t; Public Jeffrey eercow, P.A. record in connection. wx#j1 ; STEEL HECTOR 6 DAVIS 4000 Southeast Financial Center 200 South Biscayne Boulevard Miami, Florida 33231-2398 1613D n, "- Lportion of Tract D, Block 2, of DUPONT 7J1 according to plat thereof as recorded in Plat Book 50 at page 11, of the Public Records of Dade County, Florida, being more particularly described as followsi Begin at the Northeast corner of said Tract D and run hest along the North line of Tract D for 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 61 degrees 26 minutes 00 seconds for an are distance of 26.81 feet to a Point of Compound Curvature; thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 28 degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of Tangency; thence South for 293.50 feet (said . last mentioned four courses being coincident with the boundary lines of said Tract D); thence East for 179.41 feet; thence North for 150.00 feet; thence East for 525.36 feet; thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, lying and being in the City of Miami, Dade County, Florida. g,:'Nr51 t: JEFFREY L. SHUPERT, 17773 BRIAR PATCH TRAIL BOCA RATON, FLORIDA 3307 (407) 904.3819 PROFESSIONAL OBJECTIVE: A challenging and responsible position with a progressive company. "— CAREER: 2/86 to Present Lincoln Property Company, Fort Lauderdale, Florida. Construction Manager (4/87 to Present): Working on a 55 million dollar, 400,00D 1 v «+ square foot open air shopping center. Duties include: Securing governmental - ►� V approvals from rezoning of land use to building permits. Selecting and hiring of t` all architectural and engineering disciplines including landscape. Selected a g tl� 91 ,� contractor through a bid process and oversaw same through completion and d :0 punchlist. Also coordinated all tenant construction from selection of architect and 0 q contractor to tenant occupancy. .p b p Name and location of project: The Fountains, Plantation, Florida. 'p Chi Construction Manager (2186 to 4/87): Worked on the coordination of approximately r t r 150,000 square feet of tenant interior construction from plans and specs. to tenant • occupancy. Duties include: Hiring the architect, reviewing the plans, and bidding, 'd hiring, and overseeing the contractor during construction. Name and location of project: The Harbour, Palm Beach Gardens, Florida; Cypress Q1 Center, Fort Lauderdale, Florida; and One Lincoln Place, Boca Raton, Florida. 2/85 to 2/86 Stinson -Head, Inc., Boca Raton, Florida.' • ;r - i Project Manager (12/85 to 2/86): Worked on the closeout of a 12-story building F; with garage. Duties include: Finalizing contracts with subcontractors -and Y_ managing the completion of punchlist activities. Name and location of project: Crocker Plaza, Boca Raton, Florida. - Assistant Superintendent (2/85 to 12/85): Worked on a 5 million dollar, 120,000 square foot, open air shopping center. Duties include: Coordinating and, scheduling all subcontractors from foundation to completion of project.; Name and location of project: The Harbour, Palm Beach GardensFlorida. 8/77 to 2/85 Brian Construction and Development Co., Inc., Needham, Massachusetts. rr Assistant Superintendent (10/83 to 2/85): Worked on a 9 million dollar five -story . I' HUD (Housing and Urban Development) rehabilitation project with 150 housing fo�- the elderly units, Duties include: Coordination of miscellaneous as -built conditions for architect, structural, and mechanical engineers. Coordination of all steel fabrication and erection.: Name and location of project: Park Road, N.W. Washington, D.C,} Assistant Superintendent (9/82 to 10/83): Worked on a 5 million dollar HUD renovation of 110 three-storygarden-type, apartments. Duties include .Directly in a, charge of scheduling of materials and labor forces. Also in charge`of punchouf. procedure and quality control. Name and location of project: Atlantic Gardens, S.E. Washington, D.0 �s z, JEFF EY L. SHUMT 1 "" BRIAR PATCH TRAIL BOCA WON, FLORIDA 3207 (407) 994.3$19 PROFESSIONAL OBJECTIVE: A challenging and responsible position with a progressive company. CAREER: 2/86 to Present 44 d o a 1 •� O 2/85 to 2/86 8/77 to 2/85 Lincoln Property Company, Fort Lauderdale, Florida. Construction Manager (4187 to Present): Working on a 55 million dollar, 400,000 square foot open air shopping center. Duties include: Securing governmental approvals from rezoning of land use to building permits. Selecting and hiring of all architectural and engineering disciplines including landscape. Selected a contractor through a bid process and oversaw same through completion and punchlist. Also coordinated all tenant construction from selection of architect and contractor to tenant occupancy. i Name and location of project: The Fountains, Plantation, Florida. Construction Manager (2/86 to 4/87): Worked on the coordination of approximately 150,000 square feet of tenant interior construction from plans and specs. to tenant occupancy. Duties Include: Hiring the architect, reviewing the plans, and bidding, hiring, and overseeing the contractor during construction. Name and location of project: The Harbour, Palm Beach Gardens, Florida; Cypress Center, Fort Lauderdale, Florida; and One Lincoln Place, Boca Raton, Florida. Stinson -Head, Inc., Boca Raton, Florida. Project Manager (12/85 to 2/86): Worked on the close out of a 12-story building with garage. Duties Include: Finalizing contracts with subcontractors and managing the completion of punchlist activities. Name and location of project: Crocker Plaza, Boca Raton, Florida: Assistant Superintendent (2/85 to 12/85): Worked on a 5 million dollar, 120,000 square. foot, open air shopping center. Duties include: Coordinating and scheduling all subcontractors from foundation to completion of project. Name and location of project: The Harbour, Palm Beach Gardens, Florida. t, Brian Construction and Development Co., Inc., Needham, Massachusetts: Assistant Superintendent (10/83 to 2/85): Worked on a 9 million dollar five story HUD (Housing and Urban Development) rehabilitation project with 150 housing_for the elderly units. Duties include: Coordination of miscellaneous as built conditions for architect, structural, and mechanical, engineers. Coordination of allx steel fabrication and erection. Name and location of project: Park Road, N.W. Washington, D,C. Assistant Superintendent (9/82 to 10/83): Worked on a 5 million dollar HUD renovation of 110 three-story garden -type apartments: Duties Include:,Directly) charge of scheduling of materials and labor forces. Atso in charge ot`piinclio it „tf procedure and quality control. Name and location of project: Atlantic Gardens, S.E. Washington, D c j w� J � y .. x ,�.� is .-• ., ,:� i � �-.... � .�� . As\ 1/80 -9/82 M and S Construction Company, Natick, Massachusetts. FORMAL EDUCATION: 1988 General Contractor License 1982 Wentworth Institute of Technology Bachelor of Science in Engineering Technology. Boston, Massachusetts Major — Architectural Engineering Technology. Co-op Student Work Program. 1980 Wentworth institute of Technology Associate in Engineering. Boston, Massachusetts Major— Architectural Engineering Technology. 1978 Natick High School Natick, Massachusetts HOBBIES: Waterskiing, Music - guitar. (Further details and references available upon request.) Punchlist Superintendent (1/81 to 5/81): Worked on a HUD three -story garden type apattment renovation. Transferred to Washington D.C. from Boston, Massachusetts during a college Co-op semester. Duties include: Directly . responsible Tor punchout coordination of all sub - contractors. Name and location of project: Parkland Terrace, S.E. Washington, D.C. Punchlist Carpenter (4/79 to 9/79): Worked on a load bearing masonry, precast concrete plank, 15 -story apartment building. Duties include: Completion of punchlist items and assisted with layout of site walks and roadways. Name and location of project: Reservoir Towers, Boston, Massachusetts. Carpenter (8/77 to 9/78): Worked at various job locations during the summer and vacation time. Duties include: Carpentry (rough and finish), stockyard organizer, and truck driver. Working Partner: Formed a carpentry sub - contracting business. Duties include: Renovating a 2 -story house into offices and several remodeling jobs. Became licensed as a General Contractor in the state of Florida. High School Diploma. Honors —Rotary Club Woodworking 1st place award. Submitted into the public record in connection with item ? -1 +A on 3/2 519q. Malty Hirai City. Clerk K• 991MOMr a- o S.I. semi A ooi te, ftrbon-AschM Mates, DW- ,y • — Baid*lor of scierda in civil aginee!rim, Florida International University MiMi Dade Camunity Oo110" Associate in Ai%s:, ` �- Institute, Of Transportation Rgineers } �Y►l�l�Q�: v f l; — Xngineer-ip-Trainingt state of Florida ° Ems' Mr.Fe el has a wide range of experieance in traffic and transportation He has managed or had. key roles in private sector projecs _ . - such as site traffic and parking analyses for land -use avattwnts, resporse to transportation gwstians in the Application for .Develop rent ApproVal for t of Ra Developmenegional i ct, several parking studies,. and site development. Mr. had eocperienoe in;rapresenti clients —_ it public h vari of In the public sector, Mr. ' Femmn&= has participatad in a etY ,eats for; =unicipal, -: oanty, state agenofes, .:. He has work6d an ' .aril corridor .st�udxes .for the State Depaztant oftian,.. areawide - x SJXWtaCn,4 l rkinq needs analysis for.mmicapalities, and iaQact fee ordinance studies for. ea iities J p Mr Work+9d far the Metro -Dude prior to 'joining Baztari- ` .. L*tJan jOdi.istxat {�i n. Duringhis t+emn:+e with .MMXl Mr. Fermr eZ >� r� t 4 tJ r,aarked on a variety of projects irq with both , artid `transit p1 1, including' detailed align w* studies for.: Stage I1, of-the':M101 o ail sy&.mi railbus demmiAtratimr b 4C1, -"t3* sit ntegration; Unified - `t" ry — Work Program; development, and funding administration, : as well as — Owticipatim in rnuieracs public meetings } In addition to his tscbnical skills,. -Mr. Fernandez is proficient in the r Submitted into the public record in coLinectioU V0.' } Y r 3Z.2 item7pZ-LZ�Pz/j on 3� Hind :Marty City Clerk Kr / Tn'i sets ' A�ciates, Inc• �Ct�s i �k IMP Florida ,ernatia�al. tfiivers ty = In Ciin Atts, f tiY' �f f3ci ocll+ege . pl�t3Idltr-AS90CIATICN3 • A �ituts: of fttion �A • State of Florida ; E*g ip, @ in traffic, aria tra wP=ta► . c' ' F�iyes nanaged or rad..key roles in private sector projects • for lard -use a�a�� such as site traffic and packing r far tid'► in the A�plicatim -for DeMelopment� tel: ki studies, ,and . ;site to t ct several parking a Development of Regional IVVa • entinq .clients ;; ,• has also had eerienoe in rep — devel- at public hearings. , c ipated in a variettY of in the public sector,• and state e56 He has worked; an_ p�,ojects fart State >at area of oarridar studiea for the for_ities� anal, is ' tf�Y t�spo�rt;aticn and' parking n Ys ardinarae. sbxlies , for =vmties• for the YAt � FhZ 4r+ E "2 prior to jo3nin9 Bartar'Asd�nan,ring his -,}fie withDU . Trarasportatioi� Admi'• d with both ;hey trans, it F rl _ an an a variety P studs or II odeal f tha lrc 1 Pw inning, isticluriirig d�taiied aligrtt , motion, tfiified z s ,xailbus tratial, b1cy fonding administration, as well as f; u Work Program development, end participating in raa public meetfs • g '' is pro icient i skill$ Mr r �`� In addition to his cal i Language. submitted into/ the pubhc s� record in connection vvi k 1:` r S ir5%dr ite=FZ" 2h °II ks T�Nai 9CLII.f 1 4 h�� uYi �Qk Cit Cluck t 44 t t t swn...vlt .. TwnC PMD MMM Private Seotw - O Mimi Arm AWM f Xianij FLU Pima�' 09*ter __'7 __ i PiYlest �`L o Fwb=)* Site Traffic Anmly�; Boynton Beach, FL t. pas Land-e Anwidmentf Tmoarac, FL o A erdbal en, Ommtry Clubfi Rodeo Arena Site T�=1c )VOlysia; VA TX o VAsquite Floridda pain -Aire Perkin pwp= Beach,FL o o Downtown Dallas Retail Owttert1,521, TX is, Clevela»d, CH o Rbwer City tester Pines, FL Diwac Site Planmet; o p, a Takes Mall . Public Seater SR go/ Tamiami Trail oorridor Analysis: Dace Y� FL o . o Fee ordinance; Citrus Oounty, Hearn Area Revitalization study:- Ft• Laulardalet, FZ c Central Center Pre eats Dallas, TX o parkway Part Everglades Tr�f`fiic_y&y- P�arkir�9% Braward C tY, k. o . IL Bey Study; , Beach Pero Miami Beach - o . Mjmni Broward Hw] evard Oorridar Study/Di:W*�o 1 F Lauderdale o Pa3i'ltitg Analysis, Fmt laudeexdale► FL �t g/NW 27th Avenue ocirridar' Analysis; Dde C=ItY, FL - r' o p ; j)OWfitC�W11 Riviera Beach MkAl ; Riviera i PL Oarrfdar Analysis; Dods county,: Florida 3 — 0 5'R 874/Aan Stella x� Submitted into the public:' t. f' record in connirtion with item f'2I tlon. 3 3 Mntty Hixai City Clerk 4 t}. a� t�koF fit,