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HomeMy WebLinkAboutR-88-0853J-88-706 6/27/88 RESOLUTION NO. SS-S 3 A RESOLUTION APPROVING AN AGREEMENT REGARDING THE 1111 BRICKELL AVENUE DRI, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, 1111 BRICKELL ASSOCIATES LIMITED AND THE CITY OF MIAMI; ESTABLISHING PROCEDURES FOR REVIEW OF PROPOSED CHANGES TO SAID PREVIOUSLY APPROVED DRI; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF MIAMI. WHEREAS, the City Commission, on October 24, 1985, adopted Resolution No. 85-1095, issuing a development order for a Development of Regional Impact ("DRI") at 1111 Brickell Avenue; and WHEREAS, the geographic area which encompasses the 1111 Brickell DRI is now part of the Downtown Development of Regional Impact which was approved and authorized by City Commission Resolutions 87-1148 and 87-1149 on December 10, 1987 ("Downtown Dri"); and WHEREAS, the Downtown DRI was the subject of an appeal by the Florida Department of Community Affairs subsequent to its adoption; and WHEREAS, all issues of said appeal have been resolved, an agreement settling the appeal has been approved by the City Commission and same has been approved and ratified by the Florida Land and Water Adjudicatory Commission on June 28, 1988; and WHEREAS, it was the intent of the City Commission in adopting the Downtown DRI that said Development Order serve as a vehicle for facilitating orderly, yet expeditious, development activity within the effected areal and WHEREAS, any proposed changes in the 1111 Brickell Development Order will subsequently become the subject of appropriate review and public hearings for a determination of "substantial deviation*; and ATwe TACHMENTS WiTAHIED CITY COMMISSION MEETING OF SEP ST S k- WHEREAS, the "Whereas" provisions of the attached proposed Agreement between the Florida Department of Community Affairs, the City of Miami, and 1111 Brickell Associates Limited, ("Agreement") are hereby adopted herein and made a part of this resolution as it fully set forth herein; and WHEREAS, the subject proposed Agreement is procedural in nature and does not vest 1111 Brickell Associates Limited with any development rights or otherwise prejudice the Citv's ability to exercise its land -use regulatory authority; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement between the City of Miami, the Florida Department of Community Affairs and 1111 Brickell Associates Limited ("Agreement"), in substantially the form attached hereto, regarding the 1111 Brickell Avenue Development Order which was approved by the City Commission via Resolution No. 85-1095 ("Development Order"). Section 2. The Agreement establishes supplemental procedures for reviewing proposed changes to the Development Order in conjunction with procedures set forth in the recently approved Downtown Development of Regional Impact Development Order (Resolutions 87-1148 and 87-1149) which includes the geographical area of the 1111 Brickell Development Order. Section 3. All recitals and findings contained in the preamble of this resolution are hereby incorporated by reference thereto and are hereby adopted as it fully set forth in this section. PASSED AND ADOPTED this 27th day of _September 1988. A ER L. SUAREZ MAYOR ATT : MA Y HIRAI CITY CLERK -Zw PRIPARRD AND APPMWBD SY t 8I8TANRAXWEIv T CITY ATTORNRY �7,ZYA X, -e4olol* JRN/db/N747 APPIIOYS0 A8 CI e , b M i y �.���Y �. �•.�� i Y , :s r AGREEMKNT REGARDING 1111 BRICRELL AVEMIE DRI THIS AGREEMENT, made and entered into this day of July, 1988, by and between the Florida Department of Community Affairs ("Department"), the City of Miami, Florida, a Florida municipal corporation ("City"), and 1111 Brickell Associates Limited, a Florida limited partnership ("Associates"). WHEREAS, the Department is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, which includes provisions relating to developments of regional impact ("DRI"); and WHEREAS, the Department is authorized to enter into agree- ments pursuant to Subsection 380.032(3), Florida Statutes; and WHEREAS, the City is a municipal corporation having respon- sibility to issue development orders within its corporate bound- aries pursuant to Section 380.06, Florida Statutes; and WHEREAS, the South Florida Regional Planning Council ("SFRPC") is responsible for reviewing developments of regional impact pursuant to Section 380.06, Florida Statutes; and WHEREAS, pursuant to Resolution No. 85-1095, City of Miami Commission (the "1111 Brickell Avenue Development Order"), Asso- ciates is authorized to develop 789,781 gross square feet of office use; 46,953 feet of retail use; 8,975 feet of retail cir- culation area and a 1,021-space parking garage (hereinafter re- ferred to as the "1111 Brickell Avenue DRI" or the "Previously Approved Development"); WHEREAS, Associates represents and states that: A. Associates is the developer of the development of regional impact known'as "ilil Brickell Avenue DRI" and the owner in fee simple absolute of 2.87t acres located in the City of Miami, Dade County, Florida, more particularly described in Exhibit "A" ("the Property"). No other person or legal entity has any interest in said land, including but not limited to, rights arising out of a contract for sale for any portion of said land; and 1111Apst/DW F r a �P1 B. Associates proposes to change the 1111 Brickell Avenue DRI as approved pursuant to Resolution No. 85-1095, City of Miami Commission, issued October 24, 1985, by adding the following: approximately 70,000 gross square feet of retail use and a 256 room hotel (hereinafter collectively referred to as the "Addi- tional Development"); and WHEREAS, on December 10, 1987, the City issued the downtown Miami DRI development order pursuant to Resolution No. 87-1148 ("Master Development Order"), and Resolution No. 87-1149 ("Increment I Development Order"), hereinafter collectively re- ferred to as the "Downtown Development Orders", affecting prop- erty which includes the Property; and WHEREAS, pursuant to Chapter 380, Florida Statutes, and the Downtown Development Orders, the 1111 Brickell Avenue DRI as a project which was approved prior to the effective date of the Downtown Development Orders may be constructed and operated with- out regard to the provisions of said Development Orders; and WHEREAS, the Department appealed the City's issuance of the Downtown Development Orders, which appeal was settled pursuant to ; and WHEREAS, Associates intends to change the 1111 Brickell Avenue DRI by: (1) amending the project phasing schedule to provide for a single phase project commencing in June 1990 and completing in December 1992, which phasing change is not presumed to constitute a substantial deviation under Section 380.06(19), Florida Statutes, and (2) incorporating the Additional Develop- ment into the 1111 Brickell Avenue DRI, which change constitutes a substantial deviation pursuant to Section 380.06(19), Florida Statutes, for which additional DRI review is required; and WHEREAS, the parties hereto wish to provide a procedure whereby the additional DRI review required for the above -noted substantial deviation can be oonducted pursuant to the Downtown Development Orders and review of the phasing schedule changes to - 2 - the 1111 Brickell Avenue DRI can be processed as a standard "Proposed Change to a Previously Approved Development of Regional Impact" by the filing of the standard form BRM-08-86"; and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the Department has the authority to enter into agreements with any landowner, developer, or governmental agency as may be neces- sary to effectuate the provisions and purposes of this Act, or any rules promulgated thereunder; and WHEREAS, the 1111 Brickell Avenue DRI Development Order contains conditions which provide for substantially the same design, construction, and operational requirements required pur- suant to various conditions of the Downtown Development Orders with respect to: stormwater management systems; hazardous waste handling and reporting requirements; landscape materials require- ments; police and fire protection coordination and cooperation; energy conservation in building design; protection of historical and archeological sites which may be found on the Property; wastewater treatment capacity, potable water supply, and solid waste disposal capacity; and provides for Associates to contri- bute its proportionate share towards to traffic improvements, as well as requires Associates to incorporate into the Project design and operation requirements for exclusive car and van pool parking areas, encouragement of car and van pools and establish- ment of car pool information programs, providing Metrorail, Metrobus, Metromover and shuttle service route schedule informa- tion and promoting, as feasible, such operational measures as staggered flextime work schedules. NOW, THEREFORE, for and in consideration of the mutual cove- nants contained herein it is hereby understood and agreed: 1. The above recitals are hereby incorporated by refer- ence and are represented by the parties hereto to be true and correct. 2. Associates asserts and warrants that all the represen- tations and statements concerning the 1111 Brickell Avenue 0ltl and the Additional Development made to the Department and COn- - 3 - .. ♦1t 4 tained in this Agreement are true, accurate, and complete. Based upon said representations and statements, the Department con- cludes that this Agreement is in the best interest of the State, is beneficial to the Department in its role as the State agency with the responsibility for administration and enforcement of Chapter 380, Florida Statutes, and reasonably applies and effec- tuates the provisions and purposes of Chapter 380, Florida Statutes. 3. Associates proposed changes to the phasing schedule of the Previously Approved Development shall be reviewed by the Department, the City and the SFRPC as follows: (a) Associates shall submit a "Notification of Pro- posed Change to a Previously Approved DRI", Form BRM-08-86, to provide for a single phase project commencing development in June, 1990 and completing development by December, 1992. In the event these proposed changes are found not to constitute a sub- stantial deviation pursuant to Section 380.06(19), Florida Statutes, and an amended development order approving these pro- posed changes is issued by City, any such amended development order shall include an acknowledgement that the 1111 Brickell Avenue DRI may be changed by the incorporation of the Additional Development pursuant to a Major Use Special Permit, if likewise approved in accordance with the terms of the Downtown Development Orders. Any proposed change to the Previously Approved Develop- ment with respect to specific language contained in the 1111 Brickell Avenue DRI Development Order may also include changes concerning site specific design, such as deletion of Condition No. 19 thereof which contemplated a cross -access easement between the owners of the Property and the owners of adjacent property which cross -access easement may not be necessary given site design changes to the 1111 8rickell Avenue DRI which will be reviewed as part of the approval of the Additional Development. (b) The Application for Development Approsal ("ADA") for the previous project intensity will be revised to reflect the change in phasing schedule. All other technical inputs/essump- - 4 - tions, except the Dade County Traffic Improvement Plan, will remain the same as in the original ADA. (c) The developer, as part of the approval of the amended phasing schedule hereby agrees to comply with the trans- portation mitigation requirements contained in the 1111 Brickell Avenue Development Order, as they may be modified if the schedule adjustments dictate such modification. 4. The additional DRI review required for Associates proposed Additional Development shall be reviewed by the City as follows: (a) An application for a major use special permit pursuant to the Downtown Development Orders shall be filed for the Additional Development, however, the application will describe the entire project development as now contemplated, delineating between the Previously Approved Development and the Additional Development which development is proposed to be as follows: 705,950 gross square feet of office use; 118,850 gross square feet of retail use; 175,175 gross square feet (256 rooms) of hotel use; 543,550 gross square feet of parking area; and, loading docks and mechanical areas of 25,200 gross square feet and 28,000 gross square feet, respectively; provided, however, that the aforesaid square footages of use and/or number of hotel rooms may change through the Downtown DRI Development Order review process but in no event will more than 1,596,725 gross square feet of building be constructed upon the Property, with a total floor area ratio (FAR) of 6.24. (b) Traffic review of the Additional Development shall be as follows: (1) The procedures for the traffic study as established in the Downtown Development Order for Increment I shall be applied, however, the analysis that will be reviewed by the City will not be limited to just the Addi- tional Development but will analyse the project in total. All of the Project traffic for the single phase buildout condition will be identified in the study, however, it will - 5 - A_N 000% be divided into Previously Approved and Additional Develop- ment categories. Therefore, the City will apply the Increment I regional mitigation rates to the Additional Development. This additional mitigation when combined with the mitigation requirements of the original 1111 9rickell Avenue DRI Development Order, as it may be amended as described above, will assure the State and the City that the full Project has been properly assessed. (c) The development approved for Increment I pursuant to the Downtown Development Orders will be reduced by the amount of the Additional Development. (d) With respect to technical issues other than traffic, such as police, fire protection and solid waste, Associates will be required to obtain assurances that these services will be available to serve both the Additional Develop- ment and the Previously Approved Development as scheduled for completion in 1992. 5. The review contemplated in paragraphs 3 and 4 above will be conducted simultaneously. 6. Associates shall not claim vested rights, or assert equitable estoppel, arising from this Agreement or any expendi- tures or actions taken in reliance on this Agreement to continue with the proposed development beyond that approved pursuant to Resolution No. 85-1095. This Agreement shall not entitle Associ- ates to an amended DRI development order approving the proposed phasing schedule changes nor a Major Use Special Permit approving the Additional Development pursuant to the Downtown Development Orders. 7. In the event of a breach of this Agreement or failure to comply with any conditions of this Agreement or if this Agree- ment is based upon materially inaccurate information, the Depart- ment may terminate this Agreement or file suit to enforce this Agreement as provided in Sections 380.06 and 380.11, Florida Statutes, including a suit to enjoin all development. - 6 - 8. This Agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes. It is not in- tended to determine or influence the authority or decisions of any other State or local government or agency in the issuance of any other permits or approvals which might be required by State law or local ordinance for any development authorized by this Agreement. The Department and the SFRPC shall review and comment on the proposed phasing schedule changes to the Previously Approved Development, pursuant to Section 380.06(19), Florida Statutes, subject to the provisions of this Agreement. The Department and the SFRPC shall retain their right to appeal the phasing schedule changes to the Previously Approved Development as provided in Section 380.06(19)(f)(6), Florida Statutes. Review and approval of the Additional Development shall be con- ducted pursuant to the standard procedures contained in the Down- town Development Orders, subject to the conditions contained in paragraph 4 above and, therefore, the Major Use Special Permit which may be issued for the Additional Development shall not be required to be transmitted to the Department or the SFRPC for a determination of whether the regional impacts of the project as changed are in accordance with law. 9. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Associates shall insure and provide that any successor in interest in and to any lands or parcels affected by this Agreement is bound by the terms of this Agreement. Asso- ciates shall record a notice of this Agreement in the Official Records of Dade County, Florida and further upon issuance of a Major Use Special Permit for the Additional Development, Associ- ates shall record along with the requisite Notice of Adoption of Amended DRI Development Order a Notice of the adoption of that Major Use Special Permit. - 7 - ''1 00*#A 10. The date of execution of this Agreement shall be the date that the last party signs and acknowledges this Agreement. CITY OF MIAMI, FLORIDA Attested to: By: Matty fUrai, City Clark Approved as to form and legal sufficiency: Jorge L. Fernandes, City Attorney City of Miami STATE OF FLORIDA ) 8y: ear N. Bato, City Manager ) SS: COUNTY OF DADE ) SWORN TO AND SUBSCRIBED before me this day of 1988. Notary Public State of Florida at Large My Commission Expires: FLORIDA IWARiV- M-R OF CQlRWITY AFFAIM By: Approved as to form and legal sufficiency: Attorney for Department of Community Affairs STATE OF FL0RIDA ) ) 98. COUNTY OF DADS ) SWORN TO AND SU88=189D before no this day of , 1988. Notary POILC state of Funds at Lai ' My Commission Expires:' r 4 ok 0 STATE OF COUNTY OF 1111 BRICRELL ASSOCIATES LIMITED, (f/k/a 1198 South Bayshore Drive, Ltd.), a Florida limited partnership. By: SS: M.R. Bayshore Associates, a Florida general partnership, General Partner By: W.R. Development Partnership, Limited, a New Jersey limited partnership, a General Partner By: 1111 Brickell Corporation, a Delaware corporation, General Partner By: [CORPORATE SEAL] By: 1111 Brickell Partners Limited, a Florida limited partnership, General Partner By: 1111 Brickell Corporation, a Delaware corporation, General Partner By: [CORPORATE SEAL] By: W.R. Brickell Corporation, a Delaware corporation, General Partner By: [CORPORATE SEAL] The foregoing instrument was acknowledged before me this day of , 1988, by , as of W.R. Brickell Corporation, a Delaware corporation and as of 1111 Brickell Corporation, a Delaware corporation, on behalf of said corporations as general partners of ills Brickell Partners Limi- ted, a Florida limited partnership, on behalf of said limited partnership as general partner of W.R. Bayshore Associates, a Florida general partnership, on behalf of said general partner- ship as general partner of 1111 Brickell Associates Limited, a Florida limited partnership, on behalf of said limited partner- ship, and, in addition, as of 1111 Orickell Corporation, a Delaware corporation, on of said corpora- tion as general partner of W.R. Development Partnership Limited, a New Jersey Limited Partnership, on behalf of said 11"tb 04"- nership as general partner of W.R. Bayshore Associates, at FlerUla general partnership, on behalf of said general pattnex- p as general partner of 1111 Brickell Associates Li" , a Florida limited partnership, on behalf of said limited partnership. My Commission sspisae t Notao , o„�,�,, (NOW" sow w 9 W �t►rosy M AG MOM ►t0"ANee C ALON06 casam L ALVAmtt LIMO. C AMOMtWO Mu00LM. • AMAGON K Cash L OAMSM .I6AMI9 &&SO ALTS{A N OAurGAMTtN YOMraM J stN►OMO LI{A J {rot* t -ARK O :LOON LtONavoc • {RIM •*ANC,{ a OMGOAM. JM PV T OMUTOm sTtvt euLLGCK MOeto? 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W/LLIAM Ltt MOGINNess AWN T Nerwaft LOYH R. IKeNrtLLO .a. AWCIA /K. "GRAtte JANiT L. O'Om an RtetCCA m. OMAN@ VIA FEDERAL E7CPRSSS 090e16 W OnaMtrsKV {TtvAN J MAMOO OLGA t RANMA .AM{.ALL R AAsTtMNAC■ OVMON a atTtlwetN ALetIIT O. OUtMTCL JotL Mt.N{T{IM .AMK J Mtl{MAN Lul{ MtITtM C0:%AMCt Y 0.0090 ANOM(O Mlvtro KCNN{T. O roe.raeON M.c"UAS MOCMW966 AaeutL A 00e0110ut1 ALAII » MOLNICK .AMVIM e. m0{tN MICMame A. 0"C"GAUN 11I0KIALO N 1110e6NGAMT{N 0Av10 L. 0086' ALOtM t. MUOOIMr 640T A. SAVL C61►V006 A. OCMVLr AM •AMLtMt K. saVtRIKAN STUAMT . Samoan .etLT M OKOLMICR Davis M so►Tmtes LAVMA M OTtnMtMeOM DAVIO J. TaMtT LAURA W T.IO..Ae GOVA600 r ronmes O"awr ». TmAVRIG J{MMOLO A. WIeN MOetRT N. WOL► TIIAOTNT O. WOL►t {MtaA WeL►SOM .ear e. ynMtn LAC1440T M. WOLI► (Im"a ) Ms. Gloria Fox, Director City of Miami Planning and Zoning Department 275 N.W. 2nd Street, 3rd Floor Miami, Florida 33128 Re: 1111 Brickell DRI Dear Gloria: 800WAR0 O►►•Ct $00 CAST BNOWAMO SOULtVAMO • {VITC •380 ►OmT LAW0600AL6. rLOO10A »>!a I3091 TOO OSOO TtLtCOMT (30S) TeS-1a77 .IA", orlp,ct I881 GMICKtLL AVtaYut rIAYI, ►LOMIoA 3313, TtL{M.ONts r,Arl (309I OVO.0900 OnawAMO(3OS)Si2-Sm Tugs SO • 3184 TtLtceMT (309) S79 • Ors WesT MALAII 606c" 0►►1Ct 100 AUSTIVALIAN Avtmut • WITC 801 w[ST HALM etACM. /LOIhOA »AOS (4071 043 - e41al TtL[COMT (4071 Sea • Or7 June 28, 1988 PUws SIOLr Tea 641"Ane err+et The enclosed agreement has been approved by the Planning Department and by the City Attorney's office, and is ready for approval by the City Commission. We would appreciate your placing this on the Commission's Planning and Zoning Agenda for July 21st. For additional background information, enclosed here- with is a copy of the original Resolution, the DRI Development Order, and Major Use Special Permit for this project. The enclosed Agreement does not involve substantive asendments to the I® Ms. Gloria Fos June 28, 1988 Page 2 previously approved project, but rather, merely sets forth the procedures to be followed in the Commission's review of proposed changes to this ORI which will be filed in August. Very truly yours, S M. ORStiMKT OHO/ rn cc (w/encl.): Mr. Norman Zucker Mr. Sergio Podrigues Mr. Guillermo Olmedillo Mr. David Plummer Joel Haswell, Esq. ,H ik :..t'i .. s. <zl '.'d"' .y •- k .. . •',' Nftf .:C :, :.� { '��¢ nk� k ', + tarp'>t�:;, 4 � r�1ui,<,e ,,.-=:o.r #. ,•ae�''- ,�5¢ Lti � � �'1"'�� M�rs'�� �I `u� �,�,. tARRMMM�. T*11YM�MIAM. , J-W 101! • 1. "M moLotm m.E .0.4 jR.. NOY 1 � A 1ESOLUT'?N CONCERNIND TIt 1111 NICULL ArtNK of =l- (mm PAR71CULAALT KSCSIM "tagill. A WROMMT OF 1 1ORAI INPACT PROPOSED By 1111 NKRtLL ASSOCIAIU; AUTWIZIN A OETtLVKNT —' ORKA AN WM UK SPECIAL PERMIT ; APP20T I16 SAID P1W9CT MITN OWFICATION AFTER COSIK11114 tK 19PORT AND 09COMNATIM OF M SOUTH FLORICA 011aIO1AL PU MANS COUNCIL AND THE CITY OF NIMBI PLANN11: ADVISORY IWO. SUBJECT TO M COMITTOMS OF THE K119LOPPENT ORKI. ATTACHED 191M AS E=Ni/1T •A•. THE APPLICATION FOR 09WLOM VT APPROVAL IIKORPORAM 1EREIN IT IMAM. AND TIE 29PORT AND 1ECO IDATIONS OF THE SOUTH FLORIDA KSIONAL KANNIN COUILIL. ATTACHED 492M AS CINM IT W. INCLLG INC. AN INCORPOAATtO K1E IN IT WtAtKg. NMRIIR FINOINU,* 1011011151111 THAT Tit PCMIT SYALL K IIIDIN ON TK APPLICANT AID $UCCLSSOR$ IN INTEREST; FURTWA. 0129CTIIG THt CITY CURIE TO SEND COPIES OF M Wall" 1tSOLUTION AND KVILOM UT OROE1 TO AMCTW A69MC It3 AND M Ot/1LOM. MUM, III% 1►Ictell AsaKlatM Lys s*tm/ttbd a complete APPIkStfon for Development Approval for a Development of Regldnal Impact U ton $sots Florida Regional Planning Council Pursuant to Section IB0.01 F1er4do sum". ad did receive a favorable recommendation for a prwo$ad dmlopssnt order as set f" In ton Aspen ont Recomyndatlsns of ton saute Fio►444 Regional Planning Council; and kwum, ton 01100 Planning Ahisorp hart. At Its owing Mld Mn Sadtws►or a. 1111 fallowing en advertised Maring, adopted 10991otlw M. PAN WI1 by a 1 to 0 onto, recommending approval, nits 000Meatlons. of the Development Order for the 1111 Irlctell Avenue project. a De►olope .+t of Regional Impact; and MtREA$, a "cMnndatlon from trio N sm plannlal AdntsNq /Nod an Nan forwarded as Fero/ red by Ordinance M., ad MUM, ton City Comnlsslas pis ceowdon" a loll$ MoMng on cc —tour 4� 10. M, saving ce"Idsrod the Ap/lfcatton for 1Iplo► BIM $looto) PorNt and ton Application fair emlassoms Approval and Ely Ispert weed Ao$tmoneeti"s of VW $«Han Florida ANlemal Plaenleg Cbone/ 1; and MERtAS, ton city C000sslw has dPt~"d teat all 1e01 notvmo" 11aw Boon tAl lbd � tNi and `_. , �w MRAW, ton clip CRNDlbslda ON" It adnlaeblo and If tip blis Unto l al tM pams welfare of we Clip of RMam to Issw a $"looHHt .0 MrllnaftM sit fdrMi of X�z � tom• WKQC%S. t*e City **OV4911180 "as Bette wit* No►eva' Iola* I::: 1•ict*il AstKiates Nae offrre to contribute trig 1401 of S441.104 to the City's OPert1,11 Trust Rope. or build "Oectiestely 2e.016 CST of Nferesel• IUMOAp; to SOCVIR 1116.1.2 of the City's Zealot Car. uM1o14y, at the public hootiot on October 28. 1110S. t*e City Cam -spa" egcMtte to# veirgtary contribution orefforee by 1111 Iricsell AtseCiasts e', 12l.= to oe mtillsee 1n providing 14flescasini to the Mi4m Mlarint SLm?•��; VW, YWCACVORC. It IT 111CLIM It TW C"ISSION OF TK City x e:tM', FLONIDA: FINO:wS of FACT Section 1. The fallowing flndings of fact art quo" with P"Itct L' !•t pr'e1Kt: A. The Comnss+ee has dotopsood that the $reject is 4-4 tonfemity with trio feoeted Ptah Caprorienotw NNtrisormses PIM. �. The Caohssion Ms oeterivined that UO project Is 1n eggs►! with Me district ten+nt classification of tonint Ormaante ISO. c. TM City Comwission fines that me project would not create severto impact an air quality, tromme water. tells. missal I.t fe. ngetati on. "$to water management or solid waste disoosal, and further finds that it world have a numasor of Positive impacts including: fll Uprealmstely 100 oomment now Jobs world be wersttd I at tM cowlotlem of the two Phases of the PrelKt. wicri an 4"Itlane1 1.442 relKettd from *muting Office teaCr for a tout of 2.260 aplorm. Nearly 1.67S additional felt.tleo jobs cwid be generated to the tar" Sam!,' Flomdo comwttot. w+211 a 170 8111140 Inareoso in total wages said 171 million in vales adds to t11P nti and i tit An NOW wAlqu of ow It 0111110 Nilom to taatwt AW1114 +etien .+a arrse+traly 1711,563 for Moo, 640.161 far OaN Comrsty. $07.111 far I" _ Uft"I Otswgtt• Mil 02g.771 for toe Slow plvile , 114w, "Pop"" N avi n 1N yPd+g1 d11, i'i m tM%tii I bi 9' (31 Access mee circulation will be 100.ev94 by ti*Ioliwation of the Iricaell Avenue/S. 1. 12 Street intersection with so interconeoct to too I►+ctell avenwoiS.t. :t TorreceiS. t. 11 Street signal by too eM11csnt. or a Provision of 370.000 in funds. bonds. or letter of creolt to the • City. The aPbticmet wiil Provide S12.2M for other tr@"sPorutisn Iderore tt. (a) ►rior to the isswente of certificates of occuo@"cy fe- w" tome 410.0" Bros sowaro feet a -site. tro aPPlicant will @"ter into me atreewe@"t with code Cwty which will Prevfde for menwal Payment$ tore constrwction of the Iricsell lot of Mot►emewor State It. d. The City Cownssien also fines tlut: (1) TWO Project will have s favoroble iseeet on the oeom y of the C 1 ty; and III The Project wilt efficleatly use wolfe tronosertatfoo facilities; and 13) The Project will faversNy affect the Roue for emle to find $demote hoysiRI reasonably accessible to their Places of ewoloyent; and (a) The Project will efficiently use necessary public facilities; and (11 The Project will havo a fevers#)• fapact an the environment and natural resources of the City; sold (6) The ►reject will not adversely affect living conditions in the "f "0 am and 171 The Project would not adversely affect public safety. one (i) That there is a Public need for too Project. SoctfOn t. A OoveloP.Pnt Order and Maja use $0ee141 Poveft, attaches berm as tabibit 'A' aid m$M a Pon Mere$/ by Worouce, ammviat with modtfouteehs. the 1111 Irftaell Awnw Project. A -4 Aetfonol tapset. ProPem by 1111 INetell Asaoalatab, for all of tlye part of lots 11 ems N trout wooterly M the westo►ly rope-of•we limo of S" Iays"m Orlwe. slob# 104 South. 111CU" An. NCO. (/h1131 and This 040 form" sum TOM flu-M. as recorded it' the 061/4 rourda of $Go [;watt, /tones, as till /rinetl AvenrPo be oM the saw is f►emp VVISS add *- Settle" 1. Tno Consolidated aee"cotion for Develogna• ae:►oval ei re,,MSN pursuant to Condition 11, tahisit 'a' is incor0oroteo die►e.14 :y •Ne•Mc0 Md relief Wen by Of ga►ties in discna►!"'g tnei► statu:!•y 06'•es unee► Section MOM. Florida Statutes. and local drdinensn. Swasta•tial cmeliante with the representations contained 4n the aegli;atio* roI :oVeloom"t age►Oval is a con0itian for $90rovol unless oared or moetfied by ag•aRwmt aeon! Lhe Council. City and a0elieant, its suCCHsors M:/or Assiut, joivitly and severably. Section a. TM aNgn and decomm"dations of the, South Florlas aty'Ona1 P1anaiM Council. attacned hereto as tahivit 'S' are Ineoe7ereted die►VIR by ref erlmce. Section S. The dovelosMment Order, as asoreved. shall be amaing uo:m the mutants and any successors in interest. Section i. The City Clore Is Merely authorized and directed to are certified essies of this Ressimtion ioemdistely to: TM Florida ugartewt L, veteran ad Coasaunity, affairs. Division of Locai 11"Ourtes MaageW44t. 21,91 taacutive Center Circle cast. Tallallessee. Fioridg 22101; the South Fle►ids Retionsl Planning Council. 3440 Ngltyroed loolorard. Seits 1e0. Nellyvood. Florida 33021; and 1111 /rictell associates. 244 Irieaell Arenw. Suite MA. mom. Florida 73131. Section 7. The recitals of fact rescues to in Of, iereiw 'YPIereH' clauses are true and correct and made a sort therw. ►ASStD AM ADOPTO this 2i-+ day of NAVA::t A. FZPAt ►RIPAM Alp AMMO M I j C. it d0 "/ V, city Attev"Y ATTACWt§:1 0 - fiSOLYT:511 ::*:aim 1:,7w. A46,t OWC* USt SPt::AL etIm": 1111 f":CKUL pea. tCT Let tt to k""M that tno Comission of Me City of Iliaaii. Flo—t. %as contt urea to Public halving on 0ttoaor Ia. Igff.. the issuaics C, a De.oloot+e-t Crider for a Dewloomon of motional impact wrwant to Stct•o- u:.:m Florida Statutes. said Oe.eler4ont to to located in the Cnty of 10•10+. at aorrosinately 1111 Rricsall a•enw. Hint Lot 1t and 20. R1ect 104S. according to the r'.ot of the 'A EWM. 1W OF 121C[ttL'S ADO1TNIN TO TIK PAP OF 111q % as recorded i- Plat Raat 'f- It rage ll:; lying ihoterly of 00 V"tarly •ig+t• of.•ay tine of Saw Roys"oro Ori w (as satin on wet cartel" riot of 'RRIC[tLL SMOIIt TOrtR'. As recorded in Flat Rao[ 122 at Pep 25); all of the above according to the Pvblic Roco►es of Dad* Clunty. Florida. and tying in section SR. Tow"W o ds south. Ringo a last. City of "Ia". Dads Canty, Florida. Mote: Tait USTLRLt ► ATIOM OF TIK AIM KSC IUD PARttt IS PLArM AIC IS 910M AS T ACT •A• RRiCttu SMORL TMA (►f 122 0.25). and after Ouo censi00►ation of the retoeaaendatiens of the Ptann401 Aeviserr fears amp after dw co"siderstion of the consistency of this invest* dstoler..nt fit* NrtiMnt replatlens amp the Report amp Recoorndo` tr* Saba'• Florida motional Planning Caail Pertaining to the D*volwe of segto•a1 lnpact tatea the following action: Agrtnal of ANIICation for DafologrAeAMr"#1 fajaat to t", foll`trg ftelficatiana; F!Mt:r; V FAC• w•ro 21.1FICA•"!:S ftw0w"00. To* aaNIN8 ►'Natal 1.489.64 Blare ft" of Nab #PN, Copp"W of test follaa+l"g 4100to as ","!figs or W follow" to pp A*lltattto 91rotMAMt Aaltellefl • ' •' � 1 �� •lam « �. Aeprta+Rete v~t r•$er Area r;srl Spaces Office 719.41 has" 44,111 T.tw Ur of Povew•ant ustt Palo Cow— 4.171 Parking M.Nt 2.221 sago$ leedt*g ��� l lays 1,427.644 ow two at cede 64.206 gsf Opt" space OR reefs 44Al gsf ►eMstrran Opt* $pact 4i,160 gsf Office uses Mese I Tower 24 levels ►hose It Teo"? to levels Sow" story parting fare" Restaurant of f.tff gsf *40 approximately 120 sett capocitr 1,021 space perei*g sarev cMtaiMing 6" sta*Nrd spaces. 392 compact spaces aM 23 ha*eicapped spaces. TM project is $Is$ subjoct to let applicable profitlets aM protodir*M of tho City of Masi and dovf 1 oomeot 01406 svw fled Or Kan poets *0 rem Associates. shuts P21. PIZ. P27, AO. Al. Q. A1. ASA. A$. Ap &Jill. date: 2111/O1. revsu. IM/11. TM dovelom*e as proposed "as ftt vnrtoseMbly interffrf with t, achiwemoot of the objectives of state land dtvflo mt*t guidelines, or 0`pq applicablo the City of Miaali. TM devolopment as proposed is coh$istoolt with local subdivislor apt elate•-- rewi rewts. 'rho devolepmo*t as proposed is consistont with the $*Mary and roco""do...-s ec-tal"s in 010-Oefelmew of 1e1I4841 Impact AssessMo*t fee 1111 lrl:ro11 Offica.Ofvflo~t• No. $1.09. dated jVIN. 1Ni prepared fly Mf Sot* iICV•;• ReliMal Planting Cayncil. � ; TM project. as MH*od Iso"&"IF 46" rate tM 40101690Ks iprtip Apr iswNct of a k"Isomm Greer pertNhi*g to a ORw1NRp" of two"t st m fe rem red radar P.1. 310.0�. �s 1$40*de of toi$ major YN $mill ►ermit Met$ the rewloompts NJi :•S!'M,t ��? ktc MO, tN tda>!og *WSW* of tM City of ihaM. r Mir tvt Ape:::As'. .'S S:::ESS:IS. AN:.:11 ass::%$ :::ii'.� mo Stets&!.• c:... i. Ioocerperate the following into t*e project 4es9114 food eeerat•000 to ��••*•tf tie cuau'ative Imwpact of project traffic. aftd 9ti Issovatt'! po"M !I•• pwits•oM. Cr I'r UIiity. '091' rate five percent of "W eyte parting spaces. located as cl•se as possible to ffewater and building Mtrancfs. for f•C1uslve car or vI00001 'Attivtly enteurege one pre"te Car and van pooling h esta0lis►••., a :a• Pool information prog►p. and offering p►eforr" parting spaces a": wart shifts to car and van pM fors. 'provide "W11►all. MetrObus. Matril"Wer. and S"Uttlf service r16!f Ird scMdule information in convenient locatiens throcgMYt the $reject. 'OPOMCO. as feasible. suffered flet.tiwe Wert schedules. four day Wert .dots, or atner senag.o"t actions and sarttting strategies. that FV*go Not demons far reedwy capacity nod thereby reduce t►anseertati" foe•j) V". :. Design. construct. and maintain Me stor;KN OMAgemi►nt system to eel: the following standards: Obtain necessary permits from the Florida cf:artm"t of tmvire"Wtal tegul ati oe ( Ott ) and tom South Fl erg as cater ranagomont District ( $fee ) for discbargo of "watering effluent to deep drainage wells or such otntr dowfte►ing disposal tochniques as say be approves by Ott And S►IM:. yroviNd. however, t%ot use of any tecnni suM other toon do" drainage wells snail be review" and aooreved ey Council staff prior to recftvt of rM4 N to oU and VWM permits. 'Retain the runoff from a S•yea► storm so -site. and construct t*e $reject drainAge system fA eccerdence with all reNrysontAtiob, in the AOA. '►ronibit My and all wasbMwe of petting areas. 'tlacuu>r too" the tore" ate@. as Mtessary. �. Inc rporato into tom dsveloMbnt. by restrictive cow~t Swe► lease or h �sx setts HrNMMf. as 4"11cM11. baser"" adteN416 Kttden orovMtiM. MtigatiM. and respebse 6001414im". At a eelotsW, tbett standards sail: } '"Ui ro that Areas vita m bui i dlbgs .sere $Nets", eaterial s M budrdau$ wastes a't to e♦ Uses. geMratod. or $t000d poll be c"StrlKtdd •itw idlweidW flMre, ei1t d►NM. to Msllrf tMteiwaMt No fasillsm G., �� 610#W4 of Sow "oil or Isaw. •It*ausre that the of any hasardoua mates:al or hasardous waste $hall occur in a covered loading/unloading dock with a $pill eontaimant area not connected to too project drainage or *over $ratan. '►rohibit any outside storage of hozereems materials or hatsr4eus waste. It"Vire all hazardwa waste ""rate" U contract with a licensed public or private hazardous Waste disposal service or processing facility set to provide W Cade County OEM copies of on at the follwing fora of decuatentatlM of preeor haterdeve vast$ monagMMt practices: -a hatordem$ waste msalfNt; •a 11110019" W a perlltted hatardems vast* "*&"sot facility; or •a comfirmation of receipt of matlrlal% from a rocytlor ado a waste eacMnde operation. 'Notify any tenant generating wastes of the penalties for Improper disposal of hazardous raft* pursuant to Section 433.7ti. Florida Statutes. 'Allow reasonable access to facilities for 00"i t$r/ng by who City, Oade County DEAN. and Florida Ott to assure Cawpllance with this O"8100ment Order and all applicable laws and rogulationa. row the purpose of this Deyeloov*nt Order. a hatardous waste gert►atOr shell be defintd as the Applicant and any tenant that falls ender a SIC code lifted in EAn1bit 1 foal Assessment, pail* 60) attached hereto and incorporated herei0 by reference. and that uses, stores, or generates hazardous wastes. Natardems water are defined as ignit"le. corrosive. teats, or reactive wastes, ialuding those Identified 10 CAh1111/t i t2111 Assessmento is" ill; provided. however, that the Vasa 14 9911116,11, 1 amp the wastes In CROWS ! %hail be siftl moufly sa.Mded upam toll adJltion ` or deletion of any sr all of the listed uses, materials, or Wastes by 14 orm" Rent to ton 'Comm" and teglMal waste ►ssesmWt 4aldalfoes' incsrpGra:cd by reference into pale 0-31.03111. Florida Ae :'Istrative gs Cc". H d. softy* all Invasive *aegis 0i60t% from the pleject site as the We Is a clear". a+d use Mir t"" shot %sodas specified is Camilait i t01i `F' As"IseWK. sm "1 in forum project lsmunt". 11. A 1' pi a.'041&4 a� ;—'8'­­....w........,... S, of -it, tt soy %It@ Clt@r'rt. Cdrsu,t r'tr 40+ 0:!':w to'# o c1.`"o:at`@rs Of the Clty of r`aw" Parts OZsartpMt 014 trarsplartirt tote$ o"lfotly Co. site. 6. lastify Date County One alOhta trio► t0 start of coritovCtlaft. awl delay cons true t`r of t0 the" meetai 101 aRy area wMrt #Ott-t'slly 1190tifitaat historic or arCi44101011cal artifacts are uncovered. 414e perw•t Stitt food local hiSteric prtse"sti" Officials t0 survey sad OKavate tie site. 7. ►rio► t0 issuance Of any Certificates of Occupancy. 0otsill 019tessaoy 2*n01-41 dralna9e and water use permits from the Sautn ilo►1Ca rate• Mtna,NM*t Dist►4Ct. all WOSSOry approvals fMM Dad* County IWIF- a": Sower AuteOrity (NASA) for provision Of water and wastewater service to tell project, and required appra•els from Dad@ County Bali% works D#Po-:-tqt for %slid waste disposal service. I. Collaborate with the Police Otbortmat to +"corps/ett Security Masurts one. Sys"" into the Nina and operation of the project and. at the ►tqutat of the City. within ant year of tee effective datai of this Oevolopmat Order. oAte► Into s/rsee"t with the ►alit• Department to contribute a fair snare of police capital facilities n#tded to rtsOlve City concerns. if necessary and required by tat City. Tht fair Shari contribution is to be cMsidertf an offsetttnt credit against any future City impact fit. ptAit "Sari/ Polict Otpa►talent to Conduct a security survey. at Option of Department. Div*loser to submit rope" to Devtlspment Order ""I toriag Official. prior to issuance of building permit, sow and to wait Ott:,% tole Police Otpartpent recomM04800as have been focerverattd into "po0jtct security and construction plan%. ►rovide roof soact. If rrtuirtd. for a ca ft"I tatianS 49100106 and swoo tint structure for the city'S. wrvancy coqulMic/tine sysw. Sat# sot**" aM aWrttaaaos to"awr with necessary services %Hall to so. City of Miami tawse. The a091194*11 Ma11 rogis tM rlpt of •rtn•tKlural . aMrewal. yfF_ ,• tolttr +nee an agreement with tq tier. if rMirid. to C~wto a f@•r shaft of daa i to l facilities .M 1 ri%d to provide adodua to fire wri w to the project. or. olt@rnattw*ly. pq a fair, SMro lMtr+WtiM psi►WMt to �f as adopted City lout fed ording"@ wulnlat to fire Mr#1do if auia k y[ OF � .Y "'pact get o►41"/ace IS leatte0 by tat CI!y p•+C► to ::!!'•'•; •'•I, Cfrtllltatel of OC:YOa'Ky f0► t"f Mt"e Project. -`f flip sra•* centl/filtieiq 41 to be Considered /a oflsettI•g Credit aga'•st spy g.!.flf City impact fop. :?. I —or to iss.l^ce of certificates of occupancy for 00-r t►t" AS:,::: ;•:ss souaro feet on - site. signalIto too Bricteli ave we/S. E. 12 St -fat intg•lfCtion with an lAtertonnect to the g►ictell ave"ue;SE 12t` 'e••s:e ii 1:tll Street signal; or rrovido funds, bends, or a letter of credit tot smount of t7?.M0 (:go$ dollars) to tag city for this slgnslitation. 11. prior to issuance of certificates of occupancy for wore than &SO.^.:: ;•:ts $ouarf feet on -site, provide funds, bonds. or a letter of crTr t fop 112.000 for construction of ether transportation 111prowtMiRts to be determined by the City in tog traffic Impact area. as shown in fahib•t a (Cal assosswent. page 70). 12. prior .to issuance of certificates of occupancy moo. more than 610.::: 1-:sl square feet ea-lite. "ter Into an agr"astat with the County N /YM. and. or Previte a letter of crtelt in an amount not to exceed 1117.100 (1005 dollars) to the County annually for construction of the Irictgll lf1 of Metromever Stagg V . This amount may of adjusted annually to reflect payoff of tog bonds or other financial obligations Imewrrod for Metrowover State 11 construction aC:o►ding to terms specified in the at►eemg%: in a banner similar to adjustwgnts currently side annually for the Downtown M/ow/ Special Taxing 01ltrlCt for the Pe00i Move►. If construction of the Irictell ieg of Metromever Stage 11 has not begun by January 1. 1992. all funds provided to the County pursuant to trill condition, plus Interest. a to revert to tag applicant by March 1. 1992. Otherwise. the roduirements of this condition will terminate when all bends for the I•icte►l leg of Metromew Staff 11 construction heir been retired. In the event that a special lasing district for fending ten Iricbell log of MtnrNvtr Stage 11 Is establlaned by a Iota) orelhante, ten paywenl rMi remonta of the )pedal tpsing district Mall supercoN the requirements of this cape!J1601, and any psym ets of funds to the County snail be credited against the special lasing district alllsaa>rilts. 12. Incorporate Into the route and schedule lnformliM required by Condition 1 hedge prwtionsl wstorial far the county."ersted shuttle service Y eN trims the 1►/cbell av~ MotrNai) •tatiM: prpuided newever toll. if Me county diseenliwws toil service prier to ten Mrslien of ten gnlgpll /e1 of Motreripvo► stage It. tat applicant toil p'evide woerday s 110 bor'vico t0 a•: frX1 the 1- dell Avenue rot-0r40 1.1t7O• It v CCst t7 '•Ot's it w-einute intervals form 7:00 to moo a.m. and from 1:10 to 6:10 0.n.. pod at )0•r►tnute intervals between 10.0C in and !:10 P.M. unt'1 t•t 10-ictell itg of nnet►o"Wer Stage 11 begins rtvtnut service. Ageli:$at prov,l1OR Of %AiS sfiutt11 service Jpintiy wito other 1rictell area developers gall constitute comolis"ce with tF11s Condition as long is the sett/fie! intervals Ire aaintainte and adeeustt Capacity t0 Serve Orc:f:t trinSit provided. 14. inCOrpo'ett slit following energy cOnservatian measures +"'0 0140 devt l ooftin : 'Kai+ flexibility Of air Conditioning systems to coal Only Occupied areas ton a floor -by -floor basis at miniftel. 'Nevelving epers at Major project entrances. 'Air distrib'vtion using a variable air volume system. 'Ai► Conditioning poorly off/ciencits («qt equal or greater than li.^ 0- less than M$ &W/to". 'Moat producing areas and asuipOent (coating. water hosting. otc.) isolated from air conditioned areas. 'Central tntrgy alallagenent system tylat provide start/stop OOtimitation. time Of day sCAtduling, electric doisand limiting. night temile►sture iot Oast/Startup. PrograleMd Maintenance. Ind building llgnting control. 'Cori urited elevator central system in all Aign.riso structures. 'Mstu►al gas of Other nen•eltctric tnergy sources for tooting. space hooting, and rater Mating in restaurants, •pore feasible. :ndividuai electric metering of tenants. :0104041 use of lacaadoscent 11gnting, and use, Of fluorescent Usk ligr;ing and indirect sunlll"t whore Possible. 'Solar water Raters or waste Mat recovery malts to preneat tooting and washing not rotor in p►ojtct res Uurdnts. mere foastale. 'Mot water tompdrdtmres set at or below 101e1F wnon7 sltfted ay, Malta Cedes and twipment ►ealrMMts. %%;Story peter flow of 0.1 gallons N► minwte or less aM meter Closets ' tact use me alert than three and aao If 14110" pen flwsn. ° 'Lose t•trltf shading or elated dr ►efldetiw glass to rePoCt S" amw•t of ' .. Hrett surllrt tattr40g flop CpMitie" aMas. y 1 Poi •y1 1 -10A As • -Ligrt.refiectirg !"0.':• ligrt cOlo-to wall surfaces. with solar 1010►:..�. coefficients less than or equal to O.SO. 'licycle support facilities. including secure Dike •lets or Steps" areas. eM. if 'easiele, letters ono showed for ereject omployees. The appli:ant small Prepere a statonewt signed by the relistereo Project architect that all onerty conservation co"W tienl contained in Condition la "ewe Deem Poet in the preparation of tme detailed constryw ew e1aw101s. Prior to issuance Of a building Permit. 15. :mtograte all original Oslo suoelemehtai ADA information Into a cars:'.GI:eO Agglication for OlvelopMnt Approval (CADA). and submit three copies :f the CAOA to the Council. one cool to the City. and dne cosy to the Florio, Dgsartsnent of Comunity Affairs within ninety (101 days of the effective data of this Development Order. The CA:A %hall be prepared as follows: -Where now Cla►ification. or revised ihforstation Ns prepared subsequent to sllMittal.af the ADA but $/ie/ to issuance of Of 00, whe•.hep in eosecrss to a forftl Information Adequacy Statowat or othevw so, this a►il/nel galas of toe ADA should be reeloced with revised Nps. 'Revised wales sheu)d haws, a •Pep nlun»or (1) • Date' notation. with 'Page k4eer' being the "Wale of the Original Polo. '1141' indicating that toe pap was revised, and 'U te' stating the date the revision was submitted. if. ►repa►s, Ond submit to the Council. City. sold Florida Oaea►tnOnt of Coewunity Affairs. in annual Mslito►ing report containing on assessment of compliance with all conditions of the 1111 sricaell Development 0►der. cO4leto ►es00hses to the questions contained in the Anhyal MomitOr`oq Questionnaire (tahibit S 02I Assessment. Pap 711 and includeq "ereim by reference, any other information ►oquired by Section 380.06(14)(C)(7). Fleri" Statutes (11141. or State rules. and this following: 'Identification of all tenants that Met the criteria established iP LahI&Ita 1 and t of the Council O21 Assessment. 'rep each such tManto cosies of a" of toe followfol creep of "cuMntation of appropriate hosardws waste dis"sol: ` Tr •a holordpw wasto Mani foot. .•' N pill of loodinl frow a t►oossonop indicatih Miement ` to a pNwitiN "As""s Nsto "as"" iwt facility, or ' •a eonfirytlop of reeeiot of material few a eaereler, a Nato esehlnp ape/ati". N other NeNts" hals""S. , r; most* facility. n .l. 42 '. "Re aOdilcont is t7 0ro.141 too :.!y "Itn a $Iraq sta:e^v"• prier t0 tole Issuance Of the Certificate of 0C:uC8nCy tRtt all conditlops cOntal"M 1" Condition Ma. 1Z Ravt bete met. 'SVCh affillv`ts as may of "faul094 by the City pursuant to :2n211190 Z! ha►aln, 11. prier t0 toll issuance of a building permit for the I1:1 10`cttil p•c:Kt for introHOd flee" area i" eKess Of 1.25 f.A.R., the o"oors must 00tfl" fro% tole City Of &!Iasi a certification that the "ewul►~tt of tn: :0011te Affordael0 Mousing poRws provisions pa► Section 95:z. have 0040 rot to tha awount of I ?.A.A. 11. Restudy access to the 10401Rg pays. Mt iw*rov~ts in the is"'Ss:10t troatnent of tilt oarth.nt Corer and lrit1011 Avenue frontage of s60:*C1 site, pursuant t0 compontl of the Miami Large Scale Oeveioowwolt :oor-Ittee. at its •eating of may It. 19I6. 19. No building permits. other Mtn for devolition fold site cloore"Ce, fiat" at issued prior to the retardation in tan pubtic ra " of Dade County. Florida. of a .ehi cTe cross•accwss agrofa 0 t Mtge" the down of the subject site and the Owners of the p►oporty im edietely north of the subject site. known as 110% iriCttll Avenue. "Rich agrweMnt shall not be rotoretd Will uprwrtd or the City of 141"1 Low Oeeartment. to. prior to January 1. Im. "Stripe S. V. 1th Street from S. W. tr' svruw t0 S. Y. Ird Avenue to provide One additional through line. TN[. C :: t V i LL : 21. Consult with the Applicapt to anwrw incorporation of security measures anon systm iota the design and epwrotion of the project. including prorlsio- far emergency he)icoote► Aever/ng above tan roof of the office to"e•s. it. V41:01lold issuance of final certificates of oatwo+cy for Mere than 45%w"W: dress sduaro feet of development on -site Votil the AAtiiaRt has co4iled with cowdittoRs 1. t. 10. 1t. 1t. and It "orals. ti. Cowtooto with the cowq to of ovelepwdnt and "option of "tourist* City NdiaamKM N Nt"nd tie Met►deew $milst taatRf /airiet to the IrlcaNl are" of to /eMoe a 411111•0111 transit I4podt foe so all M•elewp+t bow i ti h' from Motremove►. .o. 113 ?a. proviso Mat too effectiveness of the Development Order $hail be stayeo one me further 40V01091!1ent Permits t"erwneer shalt be granted. until sec" t, Me . as an AsiMNt AU. $reviling updated Infor"tien, is suaim•tted :0 t"e .0vac" , City. and State end an AmeMed Oovelo~t Order issued, if Condition 12 Ms nit been we: .,thin three 1]1 years of the effect•ve date of this Development Order of If construction of the iricaell leg of Metre"ver Stage 11 has net begun by January 1. 1"1 . If this cool,t'on is t►igfe•eg by events outside t'4e control of the Aplicant. the $cove of the ASPROOd ADA and the review thereof shall be lielted to air duality end trehsee tat, on iofommati0". l gacts. and issues. Air Oual,ty anc transportation informdtie" in the ~d#q ADA shall be it the form sWIfied In Exhibit 6 (011 Assessment. page 741 Or. at tho owen of the Council. another format Bey be specified. Should tho Dtvoioomeet Order bt %tarot pursuant to this condition. Nothing horde S1411 be construed to lief! Condition 27 below that Nis Devtiepnent Order runs with the 1a•:. a" its tongs aM conditions are binding on the Aplicant. its successors. And/or assigns. 25. Require that tat annual resort. including a complete response to each question 1n Exhibit f 1011 Assessment. pap 711 in sedition to any other iMOr"tioh required in accordance with Section 3e0.04(14)(c)(3). Fierida Statutes (1966). be submitted to the Council. City. and ton Oobdrvwt Of Community Affairs. On the anniversary Of the effective date of this Development Order. The Planning Diroctar. City of view Planning Oeoe►tmfnt, or a orojftt director to be named later, is "freer designated t0 rocei w this re"rt, and to "altar and assure covet i ance with this cove Isomnt Order. Development Order conditions shall be reviewed by the City prior t0 issuance N any development "tuft and, for those conditions that cannot Be reasonably melto►fe as part of local "rmitti'+g and inspection processes. the City shall umiro a notarized affidavit free the Apt icaet assume ng COm11 f anee with these Conditions tg be 10910609 IN the annual report required by Condition 16. 21. leearwato Into the Doeelo~t Order for lilt Irickoll a tirielihe $~mg VW project phasing, smitle fiomm mts of ton project else, and cMditieha of ton Dfvol"gs" Ore► with are W so sm" to oacal 00" N by other specified doffs. (Figure 11.a 27. Rowre NOdNemse of eon lilt I►iclell oevelepleht over with the C1eva. Ode Cats ciroult Cocas. witale 10 "Is of ton offettina taw of the 114 development Order, pu/suart to fettles 110.3iitaildl, ilarida Statutes (1984). ►pee a fy a ng that the OOW "Went order runs with the land and Is oinding on the Applicant. Its successors, and/or Oss+9IRs. .9tottiy or severaaly, and 1"4:i inciude the foliowing: a. 'Nat toto city Can -Ilion of tole City of Miami, Florida, rots Issued a Devolopent Order for trio 1111 frictell Project, a Development of Regional Impact located at 1111 SHOW Avenue. e. 1'Not the developer of the 1111 1►ectell Project is 1111 lrictell Associates. with OffICH at 144 lrlctell A,~. Suite &Va. 0•a*4, Florida 33131. C. Twat the DOvelopp"t Order mitts any •ad/ficstfo"s may be Na•4%t"0 in the Clgr Clark's Offices. 1120 ►on AlaeMcari Drive, Ginner Roy. PioM. ►lwa »1». it. That Um Development Order constitutes a land dovelopw"t ►egrlatfea apliesw# to trio property. that the comotwees caul"" in tn«s poet opr"t order $hail run with the low w ad bind all successors In interest,. It befog understood that recording of this notice 611411 Mt constitute a lien, cloud or encumbrance on real prope*ty. nor actual nor cO"st►utti q netfCO Of any of the SM. This developoent order small 0e considered null and void by Ooceew of 1"J. Ynless "us) cd"strwctlon Wert. excluding grading M excavating, is substantially underway do that data. 21. wort with the attliCant t0 preterit a Minority Participation and (Mploympot Plan to be suw tud within ninety (901 days of the Issuance of thus Development Oder. it. writ with the 40911ca"t to develop a "Iftrity CMtractm/Suecsntracters Participation Plan to Dee submitted within ninety (gal days of the Issuance of tiles Ooveloo"t"t Order. COMCi.Uil:NS W LAW The 1111 114ctoll Project. pnpeaa by 1111 IricrNl AsNdiews, "well" whit the N/es11 to orlmoosive MegghM Plell, Is eo"Issd"t via tAp ~r dMItOW" and rats of the City of 10i40, and emlRes with lddal 104 dowel is of - I regul0t�dr•s. 9.49 C'4ietf: lfvel0t►'e•! loft aft YnrNssn1310 1 ato•ff•0 •o to the wi eve`! Of tso eNJeetl.es Of toe Motto Rote lent Covoloa+nent flop 0ealicoe!e to tnf MY tr of 011W.. sat Tlie 0•eC:sel efRi0~1 Is 9000roI,I C:'s+stoat •1th tnf rHo•. MI Recoswfadations of the Sorts rla.ndo Regional Planning Council one e:e% net rnrfasenaelr Interfere With any of the censlde"etlons ono 093octivfs sot f:••a in Chatter 7110. Flew+ea Statutes. Changes in the project wnicn de net exceed de•eloa"t paroertert tot fo-tp 1n the Application For OfrflarMt Approval five *"art MA RKameft"Ve"s of trio motional Plowing CeuncIl shell Mt constitute a Substantial dorfeti�n; rndf• Chatter 380 Florida Statutes. notwithstanding City teeing aadrre.att .filch nuh No reflri red. 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