HomeMy WebLinkAboutExhibit 1 SUBUps -hilt& ifroo
Oyl iytc, ( Cer.,6t 6-e
f
DEVELOPMENT AGREEMENT BETWEEN
CITY OF MIAMI, FLORIDA AND SWIRE
PROPERTIES, REGARDING DEVELOPMENT
OF THE BRICKELL CITICENTRE PROJECT
THIS AGREEMENT is entered this day of October, 2011, by and between S��ire
Properties, Inc., a Florida for profit corporation l%
("Swire"), and the CITY OF MIAMI,
FLORIDA, a municipal corporation and a political subdivision of the State of Florida ('{City")
(Swire and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, Swire holds fee simple title to 9.03 acres of property in the Brickell area of
downtown Miami,
WHEREAS, the property is more specifically located south of the Miami River, west of
Brickell Avenue, north of SW 8t' Street and east of NW 1st Avenue (the "Property"; sketch and
legal descriptions of which are attached as Exhibit "A");
WHEREAS, the Property spans four city blocks and is located between two mass transit
lines;
WHEREAS, the Property is currently underutilized in that it predominantly consists of
vacant, undeveloped lots secured by chain link fencing;
WHEREAS, the current status of the Property is inconsistent with the City's vision to
develop a world class downtown, and the City wishes to encourage redevelopment of the
Property;
WHEREAS, Swire wishes to redevelop the Property as a higher density, mixed -use,
pedestrian oriented, urban development known as Brickell CitiCentre which will provide much
needed retail for the Brickell and Downtown area of Miami (the "Project");
WHEREAS, in order to maximize efficiency and design of Brickell CitiCentre, Swire
desires to construct two levels of underground parking;
WHEREAS, a process exists within the City's zoning code ("Miami 21") which allows
parcels of more than nine abutting acres to be master planned to allow greater integration of
public improvements and infrastructure, and greater flexibility so as to result in higher or
specialized quality building and streetscape design;
WHEREAS, the result of this master planning process is known as a "Special Area Plan"
or "SAP;
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City;
1
{20927730;11} 1
WHEREAS, the City and Swire wish to rezone the Property from T6-48B-0 to Brickell
CitiCenter SAP in order to encourage redevelopment of the Property and effectuate the Project;
WHEREAS, this Development Agreement ("Agreement") satisfies the requirement set
forth in Miami 21;
WHEREAS, the City and Swire wish for development of the Project to proceed
substantially in accordance with the Regulating Plan and Design Guidelines attached as Exhibit
"B" ("Regulating Plan and Design Guidelines");
WHEREAS, the Property is designated Restricted Commercial, with an Urban Central
Business District Overlay, in the Miami Comprehensive Neighborhood Plan (the
"Comprehensive Plan");
WHEREAS, the City and Swire wish for development of the Project to proceed in a
manner which is consistent with the Comprehensive Plan;
WHEREAS, the Project is located in the Downtown Development of Regional Impact
("DDRI");
WHEREAS, as of the Effective Date, the DDRI has sufficient development capacity to
accommodate the Project and Swire has reserved such capacity through appropriate means with
the City;
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning;
WHEREAS, assurance to a developer that it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public
planning process, encourages sound capital improvement planning and financing, assists in
assuring there are adequate capital facilities for the development, encourages private
participation in comprehensive planning, and reduces the economic costs of development;
WHEREAS, the City Commission pursuant to Ordinance No. 13278, adopted July 28,
2011 has authorized the City Manager to execute this Agreement upon the terms and conditions
as set forth below, and the Boards of Directors have authorized Swire to execute this Agreement
upon the terms and conditions set forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties mutually agree and bind themselves as set forth herein:
Section 1. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
Section 2. Rules of Legal Construction.
{20927730;11} 2
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof, "hereto" and such similar terms shall
refer to the instant Agreement in its entirety and not to individual sections or
articles;
(e) The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or Swire, as all parties are drafters of this Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into
the Agreement; provided however, that this Agreement shall be deemed to control
in the event of a conflict between the attachments and this Agreement.
Section 3. Definitions. Capitalized terms which are not specifically defined herein shall
have the meaning given in Miami 21.
"Agreement" means this Agreement between the City and Swire.
"City" means the City of Miami, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2010), meeting the requirements of Section 163.3177, Florida
Statutes (2010), Section 163.3178, Florida Statutes (2010) and Section
163.3221(2), Florida Statutes (2010), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), Florida Statutes (2010).
"Effective Date" is the date of recordation of the executed, original version of
this Agreement.
"Existing Zoning" is (a) Miami 21 Code, January 2011, specifically including
the Brickell CitiCentre SAP, and (b) the provisions of the Charter and City Code
{20927730; I I } 3
of Miami ("Code") which regulate development, specifically including Chapters
10, 13, 22, 23, 36, 54, 55 and 62 of the Code as amended through the Effective
Date, which together comprise the effective land development regulations
governing development of the Property as of the Effective Date.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local government affecting the
development of land.
"Public Facilities" means major capital improvements, including, but not limited
to, transportation, sanitary sewer, solid waste, drainage, potable water,
educational, parks and recreational, streets, parking and health systems and
facilities.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize Swire to
develop the Project pursuant to the Brickell CitiCentre SAP. This Agreement will establish, as
of the Effective Date, the land development regulations which will govern development of the
Project, thereby providing the Parties with additional certainty during the development process.
This Agreement also satisfies Section 3.9.1.f., Miami 21.
Section 5. Intent. Swire and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Brickell CitiCentre SAP, this Development
Agreement, the Comprehensive Plan and the Florida Local Government Development
Agreement Act, Section 163.3220 - 163.3243, Florida Statutes (2010).
Section 6. Applicability. This Agreement only applies to the Project.
Section 7. Tenn of Agreement, Effective Date and Binding Effect. This Agreement shall
have a term of thirty (30) years from the Effective Date and shall be recorded in the public
records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may
be extended by mutual consent of the Parties subject to a public hearing, pursuant to Section
163.3225, Florida Statutes (2010). This Agreement shall become effective on the Effective Date
and shall constitute a covenant running with the land that shall be binding upon, and inure to, the
benefit of the parties, their successors, assigns, heirs, legal representatives, and personal
representatives.
Section 8. Permitted Development Uses and Building Intensities.
(a) Brickell CitiCentre SAP Designation. The City has designated the Property as
Brickell CitiCentre SAP on the official zoning Atlas of the City, pursuant to the
applicable procedures in Miami 21. The Brickell CitiCentre Regulating Plan and
Design Guidelines are attached as Exhibit "B". In approving the Brickell
CitiCentre SAP, the City has determined that the uses, intensities and densities of
development permitted thereunder are consistent with the Comprehensive Plan
and the Existing Zoning.
{20927730; I I } 4
(b) Density, Intensity, Uses and Building Heights.
(c)
(1)
As of the Effective Date and pursuant to the Brickell CitiCentre SAP, the
density proposed for the Property is approximately 150 units per acre, and
the intensity proposed for the Property is measured by an above -ground
Floor Lot Ratio of 14 (specifically excluding underground parking and
circulation).
(2) The non-residential development permitted on the Property includes, but is
not limited to, the following uses: office, hotel, retail, entertainment,
medical office, academic space and any other uses permitted by the
Existing Zoning.
(3)
As of the Effective Date and pursuant to the Brickell CitiCentre SAP, the
maximum height proposed for the Project is 683 feet, and the maximum
height proposed for the Pedestal is 129 feet (Phase I and IA) and 160 feet
(Phase II).
(4) Nothing herein shall prohibit Swire from requesting an increase in the
density or intensity of development permitted on the Property, as long as
such increase in density or intensity is consistent with the Comprehensive
Plan as it exists on the Effective Date.
Environmental. The City finds that the Project will confer a significant net
improvement upon the publicly accessible tree canopy in the area, The City and
Swire agree that Swire will comply with the intent and requirements of Chapter
17 of the City Code by performing tree replacement within 1 mile of the Project,
with an emphasis on 7th Street, 8th Street and South Miami Avenue. City agrees
to facilitate the permitting and planting of replacement trees on all publicly owned
property in this area.
(d) Archaeological. Because of the Project's location in a high probability
archaeological zone, the City will require Swire to obtain a certificate to dig prior
to any ground disturbing activities. However, in no case shall the City require
archaeological monitoring after soil/tree removal (ie, during excavation of the
limestone bedrock).
Section 9. Connectivity and Activity within Public Right -of -Way.
(a)
Connectivity. A critical element to the success of the Project is above grade and
below grade connectivity between blocks and through public rights -of -way. This
connectivity should be encouraged both within the Project and between the
Project and Abutting property. This connectivity will result in ease of access,
minimized pedestrian and vehicular conflicts, and reduction of the Project's traffic
impacts by permitting internalized traffic circulation. In order to activate the
above grade connections, Swire proposes to locate commercial activity in this
area.
{20927730; I I } 5
Swire recognizes that such connectivity and commercial usage may require
approval of other governmental agencies such as Miami -Dade County and the
Florida Department of Transportation. The City finds and determines that
establishing such connectivity and commercial usage serves a public purpose, and
City agrees to support Swire's efforts to obtain any authorization to establish such
connectivity and commercial usage.
The City finds that the authorization of such uses within the public right-of-way
will have no adverse effect(s) on the provision of natural light, circulation of air,
or increase the adverse effects resulting from fire, floods, tornadoes, and
hurricanes. It is further found that the presence of such uses within the right-of-
way shall in no way diminish access for firefighting apparatus or rescue and
salvage operations; diminish traffic, transportation and circulation; or adversely
impact the advancement of the safety, health, amenity and general welfare within
the City.
Given the public benefits conferred upon the City by the above -grade and below -
grade connectivity between blocks and across the public rights -of -way, the
provisions of Sec. 54-186 shall not apply within the Brickell CitiCentre SAP.
(b) Construction of encroachments within the Public Right -of -Way. The City finds
that the proposed encroachments do not unduly restrict the use of the public right-
of-way and is a necessary essential element in the construction of the pedestrian
walkways above the public rights -of -way and vehicular underpasses below the
same rights -of -way. The adoption of this Agreement shall serve to satisfy the
requirements set forth in Sec. 55-14(b) of the City Code.
Notwithstanding the requirements of Sec. 55-14(c) of the City Code, the City
agrees to waive any and all claims to payment of a user fee in connection with the
construction of the aforementioned encroachments into the public rights -of -way.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City
Code. In consideration for authorizing the construction of the aforementioned
encroachments, Swire further covenants to:
(1) Maintain the above -grade pedestrian walkways and below -grade vehicular
underpasses in accordance with the Florida Building Code and the City
Charter and Code.
(2) Provide an insurance policy, in an amount determined by the city's risk
manager, naming the city as an additional insured for public liability and
property damage. The insurance shall remain in effect for as long as the
encroachment(s) exist in the right-of-way. Should Swire fail to continue
to provide the insurance coverage, the City shall have the right to secure
similar insurance policy in its name and place a special assessment lien
against the owner's abutting private property for the total cost of the
premium.
{20927730;11} 6
(c)
(3)
Swire shall hold harmless and indemnify the City, its officials and
employees from any claims for damage or loss to property and injury to
persons of any nature whatsoever arising out of the use, construction,
maintenance or removal of the pedestrian walkways and vehicular
underpasses and from and against any claims which may arise out of the
granting of permission for the encroachment or any activity performed
under the terms of this Agreement.
Activity within the Public Right -of -Way. Notwithstanding the limitations set
forth in Sec. 54-186 of the City Code, the City shall permit Food Service
Establishment(s) and/or General Commercial uses, as defined in Miami 21, in the
above -grade pedestrian walkways located within the public right-of-way,
following approval by SAP Permit.
Section 10. Project Approval.
(a) Future Development Review. Future development within the Brickell CitiCentre
SAP shall proceed pursuant to the process established in the Brickell CitiCentre
Regulating Plan and Design Guidelines, attached as Exhibit "C". The criteria to
be used in determining whether future development shall be approved is
consistency with the Comprehensive Plan, this Agreement and the Brickell
CitiCentre SAP.
(b) Prohibition on Downzoning.
(1) The Comprehensive Plan, this Agreement and the Brickell CitiCentre SAP
shall govern development of the Property for the duration of the
Agreement. The City's laws and policies adopted after the Effective Date
may be applied to the Property only if the determinations required by
Section 163.3233(2), Florida Statutes (2010) have been made after 30 days
written notice to Swire and at a public hearing.
(2) Pursuant to Section 163.3233(3), Florida Statutes (2010), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to Swire under Florida or Federal law. As a result, Swire may
challenge any subsequently adopted changes to land development
regulations based on (a) common law principles including, but not limited
to, equitable estoppel and vested rights, or (b) statutory rights which may
accrue by virtue of Chapter 70, Florida Statutes (2010).
(c) Development of Regional Impact.
(1) City and Swire agree that as of the Effective Date, sufficient capacity
remains under the DDRI to accommodate the Project and that Swire has
reserved the capacity necessary to develop the Project.
(2) City agrees that any DRI development order which the City adopts after
the Effective Date and which applies to the Property will (i) be consistent
{20927730;11} 7
(3)
with this Agreement and the BrickellCitiCentre SAP, (ii) include a
Use/Intensity conversion table to allow for a reasonable level of flexibility
with respect to the mix and intensity of uses in order to respond to
changing market conditions.
The City agrees that if the Miami Downtown Development Authority
decides to abandon, terminate, rescind or otherwise render ineffective the
DDRI Development Order, Swire shall no longer be responsible for
payment of DDRI fees. Further, if the Miami Downtown Development
Authority decides to abandon, terminate, rescind or otherwise render
ineffective the DDRI Development Order, the City agrees to refund any
payment of DDRI fees made by Swire within twenty four (24) months of
the decision to abandon, terminate, rescind or otherwise render ineffective
the DDRI Development Order.
Section 11. Retail Specialty Center Designation. Pursuant to Chapter 4 of the City Code,
each block of the four block Brickell CitiCentre Property is designated as a retail specialty
center.
Section 12. Job Creation. Swire shall consult with local and/or state economic development
entities regarding job training and job placement services to city residents seeking employment
opportunities with potential employers which will locate or establish business within the Project.
Section 13. Local Development Permits.
(a) The development of the Property in accordance with the Existing Zoning is
contemplated by Swire. The Project may require additional permits or approvals
from the City, County, State, or Federal government and any division thereof.
Subject to required legal process and approvals, the City shall make a good faith
effort to take all reasonable steps to cooperate with and facilitate all such
approvals, including acting as an applicant. Such approvals include, without
limitation, the following approvals and permits and any successor or analogous
approvals and permits:
(1) Subdivision plat and/or waiver of plat approvals;
(2) Covenant or Unity of Title acceptance or the release of existing unities or
covenants;
(3) Building permits;
(4) Certificates of use and/or occupancy;
(5) Stormwater Permits;
(6) Development of Regional Impact approval, modification or exemption;
and
{20927730;1I}
8
(7) Any other official action of the City, County, or any other government
agency having the effect of permitting development of the Property.
(b) In the event that the City substantially modifies its land development regulations
regarding site plan approval procedures, authority to approve any site plan for a
proj ect on one of the Property shall be vested solely in the City Manager, with the
recommendation of the Planning Director. Any such site plan shall be approved if
it meets the requirements and criteria of the Existing Zoning, the Comprehensive
Plan and the terms of this Agreement.
Section 14. Consistency with Comprehensive Plan. The City finds that development of the
Property in conformity with the Existing Zoning is consistent with the Comprehensive Plan. As
of the Effective Date, Swire is conducting an extensive analysis of the Public Facilities available
to serve the Project. In the event that the Existing Zoning and/or the Comprehensive Plan
require Swire to provide additional Public Facilities to accommodate the Project, Swire will
provide such Public Facilities consistent with the timing requirements of Section 163.3180,
Florida Statutes (2010). Swire shall be bound by the City impact fees and assessments in
existence as of the Effective Date of this Agreement.
Section 15. Necessity of Complying with Local Regulations Relative to Development
Permits. Swire and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve
Swire of the necessity of complying with the regulation governing said permitting requirements,
conditions, fees, terms, licenses, or restrictions.
Section 16. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the Property in accordance with the Existing Zoning, the
Comprehensive Plan and the Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of
development permitted on the Property in a manner consistent with (a) the
Existing Zoning and/or the Comprehensive Plan, (b) any zoning change
subsequently requested or initiated by Swire in accordance with applicable
provisions of law or (c) any zoning change subsequently enacted by the City.
(c)
The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of
vested rights or equitable estoppel, obtained or held by Swire or its successors or
assigns to continue development of the Property in conformity with Existing
Zoning and all prior and subsequent development permits or development orders
granted by the City.
Section 17. Brickell Trolley. Swire acknowledges that the City is currently planning to
develop a trolley system which may traverse or abut the Brickell CitiCentre District. Swire
agrees to cooperate with the City so that any portion of the trolley route which runs through, or
adjacent to, the Brickell CitiCentre District can be accommodated within the dedicated public
{20927730;11} 9
rights -of -way. City agrees to evaluate whether at least one northbound and one southbound
trolley stop can be incorporated into the Brickell CitiCentre District.
Section 18. Annual Review.
(a) The City shall review the development that is subject to this Agreement once
every 12 months, commencing 12 months after the Effective Date. The City shall
begin the review process by giving notice to Swire, a minimum of 30 days prior to
the anniversary date of the Agreement, of its intention to undertake the annual
review of this Agreement.
(b) Any information required of Swire during an annual review shall be limited to
that necessary to determine the extent to which the Developer is proceeding in
good faith to comply with the terms of this Agreement.
(c)
If the City finds on the basis of competent substantial evidence that Swire has not
proceeded in good faith to comply with the terms of the Agreement, the City may
terminate or amend this Agreement after providing 30 days written notice to
Swire and at a public hearing.
Section 19. Notices.
(a) All notices, demands and requests which may or are required to be given
hereunder shall, except as otherwise expressly provided, be in writing and
delivered by personal service or sent by United States Registered or Certified
Mail, return receipt requested, postage prepaid, or by overnight express delivery,
such as Federal Express, to the parties at the addresses listed below. Any notice
given pursuant to this Agreement shall be deemed given when received. Any
actions required to be taken hereunder which fall on Saturday, Sunday, or United
States legal holidays shall be deemed to be performed timely when taken on the
succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
To Swire:
Stephen Owens
501 Brickell Key Drive, Suite 600
Miami, FL 33131
{20927730;1 1 } 10
With copies to:
Akerman Senterfitt
Attn: Neisen Kasdin
1 SE 3rd Avenue, 25th Floor
Miami, FL 33131
(b) Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining parties pursuant to the terms and conditions
of this section.
Section 20. Exclusive Venue, Choice of Law, Specific Performance, It is mutually
understood and agreed by the parties hereto, that this Agreement shall be governed by the laws
of the State of Florida, and any applicable federal law, both as to interpretation and performance,
and that any action at law, suit in equity or judicial proceedings for the enforcement of this
Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or
federal courts and venue for any such actions shall lie exclusively in a court of competent
jurisdiction in the County. In addition to any other legal rights, the City and Swire shall each
have the right to specific performance of this Agreement in court. Each party shall bear its own
attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the
aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to
the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to
said jurisdiction. The parties irrevocably waive any rights to a jury trial.
Section 21. Voluntary Compliance. Swire and the City agree that in the event all or any part
of this Agreement is struck down by judicial proceeding or preempted by legislative action,
Swire and the City shall continue to honor the terms and conditions of this Agreement to the
extent allowed by law.
Section 22. No Oral Change or Termination. This Agreement and the exhibits and
appendices appended hereto and incorporated herein by reference, if any, constitute the entire
Agreement between the parties with respect to the subject matter hereof. This Agreement
supersedes any prior agreements or understandings between the parties with respect to the
subject matter hereof, and no change, modification or discharge hereof in whole or in part shall
be effective unless such change, modification or discharge is in writing and signed by the party
against whom enforcement of the change, modification or discharge is sought. This Agreement
cannot be changed or terminated orally.
Section 23. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, Swire and City shall comply with all
applicable federal, state or local laws, rules, regulations, codes, ordinances, resolutions,
administrative orders, permits, policies and procedures and orders that govern or relate to the
respective Parties' obligations and performance under this Agreement, all as they may be
amended from time to time.
Section 24. Representations; Representatives. Each party represents to the others that this
Agreement has been duly authorized, delivered and executed by such party and constitutes the
legal, valid and binding obligation of such party, enforceable in accordance with its terms.
{20927730;II} 11
(c)
Section 25, No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the other party shall be cumulative and in addition
to all other remedies at law or equity arising from such event of default, except where otherwise
expressly provided.
Section 26. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by either
party to promptly exercise any right arising hereunder shall not constitute a waiver of such right
unless otherwise expressly provided herein. No waiver or breach of any provision of this
Agreement shall constitute a waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing.
Section 27. Events of Default.
(a) Swire shall be in default under this Agreement if any of the following events
occur and continue beyond the applicable grace period: Swire fails to perform or
breaches any term, covenant, or condition of this Agreement which is not cured
within thirty (30) days after receipt of written notice from the City specifying the
nature of such breach; provided, however, that if such breach cannot reasonably
be cured within thirty (30) days, then Swire shall not be in default if it commences
to cure such breach within said thirty (30) day period and diligently prosecutes
such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform or
breaches any term, covenant, or condition of this Agreement and such failure is
not cured within thirty (30) days after receipt of written notice from a Swire
specifying the nature of such breach; provided, however, that if such breach
cannot reasonably be cured within thirty (30) days, the City shall not be in default
if it commences to cure such breach within said thirty (30) day period and
diligently prosecutes such cure to completion.
It shall not be a default under this Agreement if either party is declared bankrupt
by a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive such bankruptcy of either party. The parties hereby forfeit any right
to terminate this Agreement upon the bankruptcy of the other party.
(d) The default of a successor or assignee of any portion of Swire's rights hereunder
shall not be deemed a breach by Swire.
Section 28. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other party,
but shall have all of the remedies enumerated herein,
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the applicable grace period, Swire and the City agree that any party may seek
specific performance of this Agreement, and that seeking specific performance
shall not waive any right of such party to also seek monetary damages, injunctive
120927730;11} 12
relief, or any other relief other than termination of this Agreement. The City
hereby acknowledges that any claim for damages under this Agreement is not
limited by sovereign immunity or similar limitation of liability.
Section 29. Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect.
Section 30. Assignment and Transfer. This Agreement shall be binding on Swire and its
heirs, successors and assigns, including the successor to or assignee of any Property Interest.
Swire, at its sole discretion, may assign, in whole or in part, this Agreement or any of its rights
and obligations hereunder, or may extend the benefits of this Agreement, to any holder of a
Property Interest without the prior written consent or any other approval of the City. Any such
assignee shall assume all applicable rights and obligations under this Agreement.
Section 31. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful termination of this
Agreement, the following obligations shall survive such termination and continue in full force
and effect until the expiration of a one year term following the earlier of the effective date of
such termination or the expiration of the Term: (i) the exclusive venue and choice of law
provisions contained herein; (ii) rights of any party arising during or attributable to the period
prior to expiration or earlier termination of this Agreement, and (iii) any other term or provision
herein which expressly indicates either that it survives the termination or expiration hereof or is
or may be applicable or effective beyond the expiration or perrnitted early termination hereof.
Section 32. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and Swire and neither Swire nor its
employees, agents, contractors, subsidiaries, divisions, affiliates or guests shall be deemed
agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and
the City, its contractors, agents, and employees shall not be deemed contractors, agents, or
employees of Swire or its subsidiaries, divisions or affiliates.
Section 33. Cooperation; Expedited Permitting and Time is of the Essence.
(a)
The Parties agree to cooperate with each other to the full extent practicable
pursuant to the terms and conditions of this Agreement. The Parties agree that
time is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this Agreement. The City shall use its best efforts to expedite the
permitting and approval process in an effort to assist Swire in achieving its
development and construction milestones. The City will accommodate requests
from Swire's general contractor and subcontractors for review of phased or
multiple permitting packages, such as those for excavation, site work and
foundations, building shell, core, and interiors. In addition, the City will
designate an individual within the City Manager's office who will have a primary
(though not exclusive) duty to serve as the City's point of contact and liaison with
{20927730;1 I } 13
Swire in order to facilitate expediting the processing and issuance of all permit
and license applications and approvals across all of the various departments and
offices of the City which have the authority or right to review and approve all
applications for such permits and licenses.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue
development permits to the extent a Swire does not comply with the applicable
requirements of the Existing Zoning, the Comprehensive Plan, this Agreement
and applicable building codes.
Section 34. Enforcement.
(a) In the event that Swire, its successors and/or assigns fails to act in accordance
with the terms of the Existing Zoning, the City shall seek enforcement of said
violation upon the subject Property.
(b) Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any covenants set forth in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this Agreement
shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the Court may adjudge to be reasonable for the services of this/her/its
attorney.
(c)
This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
Section 35. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of Swire and the City. Prior
to any amendment or termination of this Agreement during its term, the City shall hold two
public hearings to consider and deliberate such amendment or termination.
Section 36. Third Party Defense. City and Swire shall each, at their own cost and expense,
vigorously defend any claims, suits or demands brought against them by third parties challenging
the Agreement or the Project, or objecting to any aspect thereof, including, without limitation, (i)
a consistency challenge pursuant to Section 163.3215, Florida Statutes (2010), (ii) a petition for
writ of certiorari, (iv) an action for declaratory judgment, or (iv) any claims for loss, damage,
liability, or expense (including reasonable attorneys' fees). City and Swire shall promptly give
the other written notice of any such action, including those that are pending or threatened, and all
responses, filings, and pleadings with respect thereto.
Section 37. No Conflict of Interest. Swire agrees to comply with Section 2-612 of the City
Code as of the Effective Date, with respect to conflicts of interest.
Section 38. No Third -Party Beneficiary. No persons or entities other than Swire and the City,
their heirs, permitted successors and assigns, shall have any rights whatsoever under this
Agreement.
(20927730;1 1 } 14
Section 39. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
Section 40. Abutting Property Owners. The City and Swire have a mutual interest in ensuring
that construction of the Project proceeds in a manner which is respectful of and sensitive to
owners of property Abutting the Project ("Abutting Owners"). In recognition of this concern,
during construction of the Project Swire agrees to insure Abutting Owners against any actual
damages which directly result from accidental loss of utility service caused by Swire, its
contractors or subcontractors.
NOW, WHEREOF, the City and Swire have caused this Agreement to be duly executed.
ATTEST:
Print Name:
Title:
ice ,.„
(CorYora� ea
ATTEST:
[Signature blocks for City and Swire]
SWIRE PROPERTIES, INC, a Florida
for profit corporation
By: / `r
Print Na : L ,dt-1-(
Title: ,Oces
(Authorized Corporate Officer)
CITY OF MIAMI, a municipal
corporation
By:
P iscilla A. Thompson, City i lerk Jo `: y Martinez, ity an. er
A) 1q-11
APPROVED AS TO FORM AND
CORRECTNESS:
L2
Julie O. Bru
City Attorney
{20927730;11} 15
Exhibit "A"
Legal Descriptions of the Property
{20927730;11 } 16
EXHIBIT "A"
CITY OF MIAMI
SPECIAL AREA PLAN APPLICATION
Project Name: Brickell CitiCentre
Legal Descriptions
Site 1: Brickell CitiCentre North
SUBJECT PROPERTY LEGAL DESCRIPTION:
LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S, OF PATTERSON AND OLIVE
SUBDIVISION, ACCORDING TO THE MAP OR PLAT TI-IEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY RIGHT-OF-WAY DEED
RECORDS IN OFFICIAL RECORDS BOOK 25161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORI DA.
Site 2: Brickell CitiCentre East
SUBJECT PROPERTY LEGAL DESCRIPTION:
PARCEL I:
LOTS 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, AND 15, IN BLOCK 106S, OF S.L. & J.B. PATTERSON AND J.F. AND
B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS:
THOSE PORTIONS OF LOTS 1, 9, 10, 11, 12, 13, 14, AND 15, BLOCK 10GS, OF THE S.L. & J.B. PATTERSON AND
J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF AS RECORDED IN PLAT BOOK B,
AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN SECTION 38, TOWNSHIP
54 SOUTH, RANGE 41 EAST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN NO2°16'51" W ALONG THE WESTERLY
BOUNDARY OF SAID LOTS 9 AND 1, FOR A DISTANCE OF 299.90 FEET TO THE POINT OF INTERSECTION WITH
THE NORTHERLY BOUNDARY OF SAID LOT 1; THENCE RUN N87°47'15" E ALONG SAID NORTHERLY BOUNDARY
OF LOT 1 FOR A DISTANCE OF 30.03 FEET TO A POINT OF CUSP AND CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF
S87°35'49" W; THENCE TURNING 180°, RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90°04'06" FOR AN ARC LENGTH OF 39.30 FEET TO A
POINT OF TANGENCY ON A LINE THAT IS 5.00 FEET EASTERLY AND PARALLEL WITH THE WESTERLY BOUNDARY
OF SAID LOTS 1 AND 9; THENCE RUN S02°16'51" E ALONG SAID LINE THAT IS 5.00 FEET EASTERLY AND
PARALLEL TO SAID WESTERLY BOUNDARY OF LOTS 1 AND 9, FOR A DISTANCE OF 234.80 FEET OT THE POINT
OF BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND HAVING FOR ITS ELEMENTS A
RADIUS OF 25.00 FEET AND TANGENT BEARING OF NO2°16'51"E; THENCE RUN SOUTHERLY, SOUTHEASTERLY
AND EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
90°07'20" FOR AN ARC DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY AND A POINT ON A LINE THAT IS
15.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID LOTS 9, 10, 11, 12, 13, 14,
( M3049255; I) 1
CITY OF MIAMI
SPECIAL AREA PLAN APPLICATION
Project Name: Brickell CitiCentre
AND 15; THENCE RUN N87°35'49" E ALONG SAID LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL TO THE
SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 319.95 FEET TO A POINT
ON THE EASTERLY BOUNDARY OF SAID LOT 15; THENCE RUN S02°16'51" E ALONG SAID EASTERLY BOUNDARY
OF SAID LOT 15, FOR A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE RUN
S87°35'49" W ALONG SAID SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING.
Site 3: Brickell CitiCentre West
SUBJECT PROPERTY LEGAL DESCRIPTION:
PARCEL I:
LOTS 1, 2, 3, IN BLOCK 53S, OF AMENDED PLAT BOOK 38A AND THE NORTH.% OF BLOCK 535 CITY OF MIAMI,
ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
AND
LOTS 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, AND 24, IN BLOCK 53S, OF MAP OF MIAMI-DADE COUNTY,
FLORIDA; LESS THE SOUTH 10 FEET OF THE WEST 55 FEET OF SAID LOT 22 AND LESS THE SOUTH 10.00 FEET OF
SAID LOTS 16, 17, 19, 20, AND 21.
LESS:
THAT PORTION OF LOT 22, BLOCK 53S, OF THE MAP OF MIAMI-DADE COUNTY, FLORIDA, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF S.W. 8TH STREET WITH THE
WESTERLY RIGHT OF WAY OF S. MIAMI AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 87120-2513; THENCE RUN SOUTH 87°42'43" WEST
ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF A
CIRCULAR CURVE CONCAVE TO THE NORTI-)WEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET
AND A TANGENT BEARING OF NORTH 87°42'43" EAST; THENCE RUN NORTHEASTERLY, NORTHERLY, AND
NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
89°59'34" FOR A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY AND A POINT OF SAID WESTERLY
RIGHT OF WAY LINE; THENCE RUN SOUTH 02°16151" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, PER RIGHT OF WAY DEDICATION, RECORDED IN
OFFICIAL RECORDS BOOK 12159, PAGE 482 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL II:
THE EAST 50 FEET OF LOTS 10, 11, AND 12 IN BLOCK 53A, AMENDED PLAT OF BLOCKS 38A AND THE NORTH
HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT
PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL III:
(M3049255;1) 2
CITY OF MIAMI
SPECIAL AREA PLAN APPLICATION
Project Name: Brickell CitiCentre
THE EAST 50 FEET OF LOTS 13, 14, AND 15, BLOCK 53S, MAP OF MIAMI, DADE COUNTY, FLA., ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LESS THE SOUTH 10 FEET THEREOF.
Site 4: Brickell CitiCentre Plaza, LLC
SUBJECT PROPERTY LEGAL DESCRIPTION:
LOTS 5, 6, 8, 81/:, 9, 10 AND 11, BLOCK 106A, AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 113, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, LESS THEREFROM A PORTION OF THE SOUTH 10 FEET OF SAID LOT 9 (AS
DEEDED TO THE CITY OF MIAMI IN OFFICIAL RECORDS BOOK 10551, PAGE 1004, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA), SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 9, SAID POINT OF BEGINNING BEING ALSO
ON THE NORTH RIGHT-OF-WAY LINE OF S.E. 8TrH STREET; THENCE, ALONG THE WEST LINE OF SAID LOT 9, N 0°
07' 30" EAST FOR 10.00 FEET TO ITS INTERSECTION WITH THE NORTH BASE BUILDING LINE OF SAID S.E. 8TH
STREET; THENCE ALONG SAID BASE BUILDING LINE, EAST FOR 10.61 FEET TO ITS INTERSECTION WITH THE
NORTHWESTERLY EXTENSION OF THE SOUTH LINE OF BLOCK 106A; THENCE, ALONG SAID SOUTH LINE OF SAID
BLOCK 106A, S 74° 39' 31" EAST FOR 37.80 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
S.E. 8TH STREET; THENCE, ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE SOUTH LINE OF SAID LOT 9, WEST
FOR 47.08 FEET TO THE POINT OF BEGINNING.
SAID LAND LYING IN SECTION 1, TOWNSHIP 54 SOUTH, RANGE 41, MIAMI-DADE COUNTY, FLORIDA.
(M3049255; I } 3
// 1
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
BRICKELL CITICENTRE SAP SAP GOALS
BRICKELL CITICENTRE
Brickell CitiCentre is a mixed -use project in heart of the Brickell situated on four (4) parcels totaling
approximately 9.1 acres. The site is located along S. Miami Avenue and bounded by S.W. 8th Street to south,
S.E. 6 Street to the north, approximately S.W. 1 st Avenue to the west, and approximately Brickell Avenue to
the east.
The project, as proposed, will consist of two -levels of underground parking totaling approximately 1,600 spaces
to support approximately 530,000 s.f. of open-air, destination and neighborhood serving retail across four
levels, including a high -end food market. The proposed underground parking has been designed to internalize
circulation and limit the impact of vehicular traffic on the adjacent roadway system. The internal circulation is
achieved through the connection of the three (3) underground garages at the Basement 02 level via driveways
beneath S. Miami Avenue and S.W. 7th Street.
In addition to the retail component, Brickell CitiCentre's ("BCC") program includes the development of 755
residential units in two (2) towers approximately 40 +/- stories in height on the BCC North and West parcels. A
hotel and service apartment building, consisting of approximately 290 hotel rooms and 75 service apartment
units, is proposed for the BCC East parcel. An additional 1,500 parking spaces will be provided above grade
to support these uses.
BCC also proposes the development of approximately 925,000 s.f. of office space across the entirety of the 9.1
acre site. A 78,000 s.f. office tower (8 +/- stories) is proposed for BCC West, with a twin medical
office/wellness center of approximately 95,000 s.f. (8 +/- stories) on BCC East. Finally, an office tower of
approximately 733,000 s.f. is proposed to replace the office building which currently houses Eastern National
Bank, located immediately east of the 8th Street MetroMover station.
In addition to the above -listed programmatic elements, the project contemplates a number of significant
features designed to enhance the public realm. Foremost among such elements is the climate ribbon that
serves as unifying theme for the project, connecting the various parcels of Brickell CitiCentre and the project to
the Miami River. The climate ribbon will provide protection from the elements to patrons traveling along the
open air corridors of the retail center and across the pedestrian connections that will serve to unify the site
above the street. It is anticipated that the ribbon will also serve to generate electric power for the facility
through the incorporation of solar panels, as well assist with collection of rainfall that can be used for various
water features on -site.
Additional contemplated public improvements anticipated by the project include landscaping upgrades to the
area under the MetroMover guideway for its use as a linear park that would enhance Brickell community's
connection with the Miami River. The project also anticipates making significant improvements to the 8th Street
MetroMover station that would serve to integrate the station with the project, improve station access, enhance
MetroMover ridership, and provide a multi -modal connection to the planned City of Miami Brickell Trolley line.
BRICKELL CITICENTRE GOALS
A driving force behind Brickell CitiCentre is a desire to create a walkable urban center within the Brickell area
that will reduce carbon dioxide emission and promote energy conversation. The plan incorporates improved
JUNE 8, 2011 C2.01
SPECIAL AREA PLAN
BRICKELL
CTICENTRE
BRICKELL CITICENTRE SAP SAP GOALS
street and transit connections that encourage pedestrian enjoyment and mass transit use through increased
tree canopy, use of green building techniques, and enhancements to existing mass transit facilities.
The development goals include:
■ A compact, pedestrian oriented and mixed use project designed to increase the use of current and
proposed transit service.
■ Facilitate the organized growth of downtown infill redevelopment ensuring that Miami remains the focus
of the region's economic, civic, and cultural activities.
■ Provide a diversity of uses distributed throughout the Special Area Plan area which enables a variety of
economic activity, workplace, residences and Civic Space types.
■ Orient civic and public gathering spaces to reinforce community identity.
■ Design buildings and landscape that contribute to the physical definition of Throughfares as civic
places.
■ Develop a proper framework that successfully accommodates automobiles while respecting the
pedestrian and the special form of public spaces.
■ Ensure that private development contributes to infrastructure and enriches a pedestrian and transit
friendly public and private realm of the highest quality.
JUNE 8, 2011 C2.02
SPECIAL AREA PLAN
BRICKELA+
CITICENTRE
BRICKELL CITICENTRE SAP ARTICLE 1. DEFINITIONS
The following new or revised terms shall only apply within the area designated as part of the Brickell CitiCentre
Special Area Plan. Any regulation not modified herein shall be subject to the requirements of the Miami 21
Code and any other applicable regulation.
1.1 DEFINITIONS OF BUILDING FUNCTION: USES
LODGING
Serviced Apartments: A group of lodging units that are available for lease or rent by transient guests for a
period of not more than 180 days, share amenities, and are operated in conjunction with a Hotel.
CIVIL SUPPORT
Public Parking: A structured parking facility available to the general public for parking motor vehicles. The
term Public Parking shall not include the use of surface parking lots for the parking of motor vehicles.
1.2 DEFINITIONS OF TERMS
Climate Ribbon: A framed Structure, which is open on its sides, fixed and self-supporting and which may be
located over private property or within the Public Right -of -Way.
Design Guidelines: Plans, drawings, and diagrams submitted as part of the SAP.
Display Window: A window of a Commercial establishment facing a Frontage used to display merchandise
for sale on site and shall have sufficient dimensions to display products. Display Window(s) may not be used
for the display of posters or other adverting materials unless accompanied by the product being offered.
Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings, open to the
sky and/or covered by a Climate Ribbon; such space shall be reserved for public or private Use. Open Spaces
may include Parks, Greens, Squares, Courtyards, Gardens, Playgrounds, paseos (when designed
predominantly for pedestrians), pedestrian paths or associated landscaped areas, and those areas covered by
a Climate Ribbon.
Parking, Off -Street: Any land area designed and used for parking motor vehicles including parking garages,
driveways and garages serving residential uses, but excluding areas of Thoroughfares and surface parking
lots.
Pedestal: Also known as podium. For phase I of the Brickell CitiCentre Special Area Plan, that portion of a
Building up to a maximum of 129 feet and for phase II, that portion of a Building up to a maximum of 160 feet
as depicted in the approved Design Guidelines.
JUNE 8, 2011 C2.03
SPECIAL AREA PLAN
BRICKELLkau
Cfl10ENTRE
BRICKELL CITICENTRE SAP
ARTICLE 1. DEFINITIONS
Regulating Plan: Modifications of the underlying Miami 21 Transect Zone regulations for the Lots included in
this SAP.
Special Area Plan (SAP): Also known as the Brickell CitiCentre project.
Special Area Plan (SAP) Permit: A permit issued by the City which authorizes Development within an
approved SAP.
Terminated Vista: A location at the axial conclusion of a Thoroughfare or Pedestrian Passage. A Building
located at a Terminated Vista designated on a Special Area Plan is required to be designed in response to the
axis.
JUNE 8, 2011 C2.04
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
BRICKELL CITICENTRE SAP
3.13 SUSTAINABILITY
3.13.1 General
BCC LEED Certification
ARTICLE 3. GENERAL TO ZONES
BCC shall be certified by the United States Green Building Council (USGBC) as a Leadership in Energy and
Environmental Design - Neighborhood Development (LEED—ND) project. Upon completion of the SAP
process and prior to the construction of not more than 75% of the total square footage of the approved BCC
project, the project shall obtain LEED-ND Stage 2 pre -certification in accordance with the LEED 2009 Rating
System Stages of Certification adopted by the USGBC. Following approval of the LEED-ND Stage 2 pre -
certification, the owner shall transmit a copy of the certificate issued by the USGBC confirming the pre -
certification of BCC.
At the time BCC applies for and obtains a building permit for any portion of the approved project, the applicant
shall provide the City with the following:
a. A LEED checklist;
b. Proof of LEED registration; and
c. An affidavit affirming the applicant's intent to ensure that the project is certified by the USGBC,
at a minimum, as LEED Silver.
Upon completion of each of the approved BCC phases and issuance of certificates of occupancy for the same,
the project shall apply for LEED-ND Stage 3 certification. Following successful completion of the certification
process, BCC will obtain a certification plaque for public display and ensure that BCC is listed as a LEED-ND
certified project on the USGBC website. At minimum, development within the SAP shall meet LEED-ND Silver
certification.
JUNE 8, 2011 C2.05
SPECIAL AREA PLAN
BRICKELL,1%
CITICENTRE
BRICKELL CITICENTRE SAP
ARTICLE 4. TABLE 5 BUILDING FUNCTION:
PARKING AND LOADING
SHARED PARKING STANDARDS
SHARING FACTOR
Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
with
Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
The shared Parking Standards Table provides the method for calculating shared parking for buildings
with more than one Use type. It refers to the parking requirements that appear in Table 4.
The parking required for any two Functions on a Lot is calculated by dividing the number of spaces
required by the lesser of the two uses by the appropriate factor from this Table and adding the result to
the greater use parking requirement.
For instance: for a building with a Residential Use requiring 100 spaces and a Commercial Use requir-
ing 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to
100 plus 17 spaces. For uses not indicated in this chart on a mixed use lot a sharing factor of 1.1 shall
be allowed. Additional sharing is allowed by SAP Permit.
OFF-STREET PARKING STANDARDS
ANGLE OF
PARKING
ACCESS AISLE WIDTH
ONE WAY
TRAFFIC
SINGLE LOADED
ONE WAY
TRAFFIC
DOUBLE LOADED
TWO WAY
TRAFFIC
DOUBLE LOADED
90
23ft
23 ft
23 ft
60
12.8 ft
11.8 ft
19.3 ft
45
10.8 ft
9.5 ft
18.5 ft
Parallel
10ft
10ft
20 ft
Standard stall: 8.5 ft x 18 ft minimum
• Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way
drive for parking area providing 10 or more stalls.
• Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle.
• Allowable slopes, paving, and drainage as per Florida Building Code.
• Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is
to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet
Commercial and Industrial.
• Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in
length between the Base Building Line and dispenser.
• For requirements of parking lots, refer to Article 9 and the City of Miami Off-street Parking Guides
and Standards.
LOADING BERTH STANDARDS
T5, T6, CS, CI HD & CI
DISTRICT
NOTES
RESIDENTIAL*
From 25,000 sf to 500,000 sf
Berth Size Loading Berths
420 sf 1 per first 100 units
200 sf 1 per each additional 100 units or
fraction of 100.
Greater than 500,000 sf
Berth Size Loading Berths
660 sf 1 per first 100 units
200 sf 1 per each additional 100 units or
fraction of 100.
Berth Types
Residential*: 200 sf =10 ft x 20 ft x 12 ft
Commercial**: 420 sf =12 ft x 35 ft x 15 ft
Industrial***: 660 sf=12 ft x 55 ft x 15 ft
* Residential loading berths shall be set back
a distance equal to their length.
** 1 Commercial berth may be substituted by
2 Residential berths. 2 Residential berths
may be substituted by 1 Commerical berth.
*** 1 Industrial berth may be substituted by
2 Commercial berths. 2 Commercial berths
may be substituted by 1 Industrial berth.
A required Industrial or Commercial loading
berth may be substituted by a Commercial
or Residential loading berth, by SAP Permit,
if the size, character, and operation of the
Use is found to not require the dimensions
specified and the required loading berth
dimension could not otherwise be provided
according to the regulations of this Code.
Loading Hours shall comply with conditions
established by the Development Order.
LODGING
From 25,000 sf to 500,000 sf
Berth Size Loading Berths
420 sf 1 per 300 rooms
200 sf 1 per 100 rooms
..................................................................................................................................................................................
e Grea.,000sf
_..., Greater than 500...
Berth Size Loading Berths
660 sf 1 per 300 rooms
200 sf 1 per 100 rooms
From 25,000 sf to 500,000 sf
Berth Size L o a d i n g
420 sf Berths
200 sf 1 per 300 rooms
1..per...1.00.rooms.....................................................
Greater than 500,00.e,;sf.............................................................
Berth Size L o a d I n g
660 sf Berths
200 sf 1 per 300 rooms
1 per 100 rooms
OFFICE
COMMERCIAL**
INDUSTRIAL***
From 25,000 sf to 500,000 sf
Berth Size Loading Berths Area
420 sf 1st 25Ksf-50Ksf
420 sf 2nd 50Ksf-100Ksf
420 sf 3rd 100K sf - 250K sf
420 sf 4th 250K sf - 500K sf
Greater than 500,000 sf
From 25,000 sf to 500,000 sf
Berth Size L o a d i n g Area
Berths
420 sf 25Ksf-50Ksf
420 sf 1st 50Ksf-100Ksf
420 sf 2nd 100K sf - 250K sf
420 sf 3rd 250K sf - 500K sf
4.1h.....................................................................................
Greater than 500,000 sf
Berth Size Loading Berths Area
660 sf 1 / 500K sf
Berth Size Loading Berths Area
660 sf 1 / 500K sf
JUNE 08, 2011
C2.06
SPECIAL AREA PLAN
BRICKELOi`i
CITICENTRE
BRICKELL CITICENTRE SAP
ARTICLE 4. TABLE 7 CIVIC SPACE TYPES
This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program.
Civic Space Types may be al multiple levels, shall be landscaped andlor paved, open to the sky and shall be open to the public between 6 am and 10:0D pm. Civic Space
Types may be publicly or privately owned. Open Space requirements for each zone are described in Article 5.
Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be
spatially defined by Building Frontages and may include street Frontages. Its landscape shall consist
primarily of pavement and trees. The minimum size shall be 1/8 acre and the maximum shall be 2 acres.
i
r
T6
JUNE 08, 2011 C2.07
SPECIAL AREA PLAN
BRICKELLi`
CFI10ENTRE
BRICKELL CITlCENTRE SAP ARTICLE 5. SPECIFIC TO ZONES
5.6 URBAN CORE TRANSECT ZONES (T6)
Building Disposition (T6)
For the minimum Height, Facades shall be built parallel to the Principal Frontage Line as indicated in the
Design Guidelines and Regulating Plan. In the absence of Building along the remainder of the Frontage
Line, a Streetscreen shall be built co -planar with the Facade to shield parking and service areas. In the case
of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may
recede from the designated Setback up to twenty percent (20%) of the Lot length.
At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian
entrances shall occur at a maximum of seventy five (75) feet and vehicular entries shall occur at a minimum
spacing of sixty (60) feet unless approved by SAP Permit. Principal entrances to retail establishments shall
be provided along 7"and 8th Streets and South Miami Avenue. Where a retail establishment is located on
the corner of 7th or 8th Street and South Miami Avenue, only one ( 1 ) principal entrance shall be required.
Building Configuration (T6)
Above the eighth floor, the Building Floorplate dimensions shall be limited as follows:
• 250 feet maximum length for Residential Uses
• 250 feet maximum length for Commercial Uses
Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry canopies may
encroach up to one hundred percent (100%) of the depth of the Setback and into the Right -of -Way, except as
may be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay
windows, decorative features, and roofs may encroach up to three (3) feet of the depth of the Setback. Other
cantilevered portions of the Building shall maintain the required Setback. Above the Pedestal no
Encroachments are permitted, except that Facade components promoting energy efficiency such as shading
and Screening devices that are non -accessible may encroach a maximum of three (3) feet.
Loading and service entries shall be pursuant to the Design Guidelines of the Special Area Plan.
Mechanical equipment on a roof shall be screened by a parapet wall of a maximum height of twenty-five
(25) feet or enclosure and shall conceal all equipment, except antennas, from lateral view. Where
possible, equipment other than solar panels shall be enclosed or screened from overhead views.
Parking Standards (T6)
Parking shall be provided and accessed in accordance with the Design Guidelines of this Special Area Plan.
The vehicular entrance of a parking Lot or garage on a Frontage shall have a continuous flush sidewalk
crossing and pedestrian safety zones for curb cut widths over thirty (30) feet.
JUNE 8, 2011 C2.08
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
BRICKELL CITICENTRE SAP
ARTICLE 5. SPECIFIC TO ZONES
All parking, including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, Loading
Spaces and service areas shall be located in accordance with the Design Guidelines of this Special Area Plan.
All Screening utilized to visually shield or obscure the aforementioned areas shall be subject to the review and
approval of the Planning Director.
Architectural Standards (T6)
The Facades on Retail Frontages shall be detailed as storefronts and shall, for the first ten (10) feet above
the sidewalk elevation, contain windows or doorways of transparent glass covering at least 50% of the linear
footage of each Building. The base of all transparent openings shall be no more than two (2) feet above the
sidewalk. Display Windows may count up to twenty-five percent (25%) of the transparency requirement.
JUNE 8, 2011 C2.09
SPECIAL AREA PLAN
BRICKELLi)L1
(
CITICENTRE
BRICKELL CITICENTRE SAP
6.5 Sign Standards - Brickell CitiCentre SAP
6.5.1 Intent
ARTICLE 6. SUPPLEMENTAL REGULATIONS
Brickell CitiCentre is a pedestrian oriented, mixed -use, urban development district (the "District") that includes residential,
retail, office and hotel uses which are serviced by a mass transit station and several lined parking garages. The District is
envisioned as a hub for high -end retail which does not otherwise exist in the City of Miami. The retail and office components
of the District will consistently serve large numbers of people, many of whom will drive to the District and park in one of the
Project's several lined parking garages. Others will walk or take mass transit to access the Project. In order for the District
to function properly and seamlessly integrate into the Brickell neighborhood, pedestrians must be clearly directed to the
mass transit station and retail areas and vehicles must be clearly directed to parking garages.
The intent of these sign regulations is to (1) move pedestrians and vehicle traffic in and out of the District safely and
efficiently; (2) promote safe and efficient pedestrian traffic within the District; (3) promote efficient vehicle circulation to and
from the parking garages within the District; and (4) identify the District to motorists along adjacent Thoroughfares.
6.5.2 Signage Location, Types, and Aggregation.
a. Signs within the Brickell CitiCentre SAP shall be permitted as set forth in Miami 21, unless modified by the Brickell
CitiCentre Regulating Plan and Design Guidelines as set forth below. Signs within Pedestrian Passages, including
directional signs containing layout of the retail space and location of retail tenants, which do not contain advertising
material visible from the public right-of-way, shall not be regulated by the City.
b. Signage placed on the Pedestal or along the District's Retail Frontages shall be classified as:
1. Directional Signage: Directional Signage may be located at the entrances to parking garages and at
pedestrian entrances to the Project, as generally depicted on Pages C1.18 and A0.35 of the Design Guidelines.
Directional Signage shall be designed to facilitate the movement of both vehicles and pedestrians and direct
them to retail, restaurants, parking garages, and other Uses within the District. Directional Signs may range
between forty (40) feet in length and four (4) feet in height up to a maximum of one hundred twenty five (125)
square feet. Tenants' names or logos shall not comprise more than 20% of the Area of Directional Signs.
Additional regulations governing the location and specifications for Directional Signs may be adopted as part of a
Master Sign Package.
2. Ground/Freestanding Signage: Ground Signs shall not include Signs mounted on poles or posts in the
ground. Ground Signs shall be located at Thoroughfare intersections and along the Principal Frontages, as
generally depicted on Pages C1.18 and A0.35 of the Design Guidelines. Signs should not be located within
the Visibility Triangle as determined by Public Works or other regulatory agencies, unless it can be determined
that such location will not adversely impact public safety. Signs shall be designed and placed in a manner to
minimize impacts to pedestrian circulation. Ground Signs shall be designed to identify the Project, communicate
the District image, or specifically identify a major tenant. Ground signage shall be limited to five (5) signs per
block, each with no more than two sign surfaces, neither of which shall exceed forty (40) square feet in Sign
Area for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no Sign
surface shall exceed one hundred (100) square feet. The Maximum Height shall not exceed twenty (20) feet,
JULY 18, 2011 C2.10
SPECIAL AREA PLAN
BRICKELL4iok
I i
CITICENTRE
BRICKELL C►TICENTRE SAP ARTICLE 6. SUPPLEMENTAL REGULATIONS
including embellishments, as measured from the sidewalk on which the sign is placed. Additional regulations
governing the location and specifications for Ground/Freestanding Signs may be adopted as part of a Master
Sign Package.
3, Wall Signage: Wall Signage shall be located on the Pedestal above the first Floor and oriented toward
the street for the purpose of identifying the District and retail tenants of the District. Wall signage can be
accommodated on a maximum of twenty-seven percent (27%) of the Pedestal Face (measured by the vertical
area from the finished floor elevation to the top of the Pedestal and the horizontal area from setback to setback).
Each Pedestal Facade shall be entitled to a minimum of four (4) and a maximum of eight (8) Wall Signs;
provided however, that as part of an SAP Permit for a Master Sign Package, the City may approve up to ten (10)
Wall signs on a maximum of two (2) Pedestal Facades upon demonstration that the increased number of Wall
signs is consistent with Article 4, Table 12 of the Miami 21 Code and the signage standards listed below. Signs
located on the Pedestal Facade must be arranged in a manner where each sign acts independently preventing
composition signage. Additional regulations governing the maximum size, number, location and specifications
for individual Wall Signs may be adopted as part of a Master Sign Package.
4. Tower Signage: Tower signage shall identify the Projector the name of a major tenant occupying more than
five percent (5%) of the Floor Area of the tower, excluding parking garages. Tower signage will be located on
towers above the Pedestal, in the manner and maximum size depicted on Pages C1.28 and A2.38 of the design
guidelines. Each tower shall be entitled to two (2) tower signs. In the event that tower signs are not placed on
a tower, such tower signs may be transferred to another tower at a ratio of 2 to 1; however in no event may any
one tower be entitled to more than three tower signs.
c. The location of signs shall be as generally depicted on Page C1.18 of the Design Guidelines. The final location of
signs may vary if approved as part of a Master Sign Package.
d. In addition to the signage types referenced in paragraph b. above, the signage types listed in Sec. 6.5.2.5.b.1., 2.,
and 3. shall also be permitted within the District, subject to the limitations identified therein.
6.5.3 Master Sign Package.
a. A Master Sign Package for the BCC SAP, or for individual blocks within the BCC SAP, may be submitted to the City
for approval by SAP Permit, A Master Sign Package shall include the following: a plan view of each block indicating
location of each sign type on each level, specifications for each sign type, and tenant sign restrictions.
b. If a master sign package is approved by SAP Permit, all signs which conform to the standards set forth therein shall
not require an individual SAP Permit, and shall be permitted if in compliance with the Florida Building Code. If a
master sign package is not adopted, or if an individual sign does not conform to the standards set forth in an adopted
master sign package, such signage may only be approved by SAP Permit.
JULY 18, 2011 C2.11
SPECIAL AREA PLAN
BRICKELL Ski°
CITICENTRE
BRICKELL CITICENTRE SAP ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.5.4 Signage Standards.
In addition to the standards in Article 4, Table 12 of the Miami 21 Code, the following standards shall be utilized by the
Planning Director when evaluating whether a proposed master sign package or individual sign is consistent with the BCC
SAP.
a. The District shall provide locations on the commercial areas of the building facade that are specifically designed to
accommodate changeable tenant signage. Structure, materials, detailing, and power sources shall be designed with
consideration of signage installation requirements and shall be readily adaptable and reparable as tenant sign needs
change.
b. Sign illumination shall not be of high intensity. Locations for illuminated signage shall be oriented to the public right-
of-way.
c. Orientation of any illuminated sign or light source shall be directed or shielded to the extent practicable.
d. Signs should be designed so as to fit within the architectural features of the facade and related elements and
complement the District's architecture.
e. Indirect and external light sources shall be the preferred option where lighting is required.
f. Small-scale signs projecting from the building face, perpendicular to the public right-of-way, are appropriate for all
pedestrian oriented streets.
Graphic design for all signs should reflect consistency, simplicity, neatness, and minimum wording to minimize visual
clutter and maximize legibility.
h. In order to activate the plaza adjacent to the Metromover station, the City may permit iconic and unique signage on
the eastern Pedestal Face of BCC East, as part of a Master Sign Permit.
i. Sign colors should be limited in number and should be compatible with the facade. In most circumstances, dark
backgrounds for signs are preferred over light backgrounds.
g•
JULY 18, 2011 C2.12
SPECIAL AREA PLAN
BRICKELLI`�(
CTICENTRE
BRICKELL CiTICENTRE SAP ARTICLE 7.1.2 BRICKELL CITICENTRE
DEVELOPMENT REVIEW PROCESS
7.1.2 Permits
Brickell CitiCentre Development Review Process
The Brickell CitiCentre development review process is set forth below.
a. SAP Permit.
JUNE 8, 2011
All Development within the Project shall be approved by SAP Permit. In addition, all other
permits necessary to develop Property within the Project, such as Warrants, Waivers,
Variances, and Exceptions, shall be approved by SAP Permit and subject to the equivalent fee
to those established in the Miami 21 Code and Chapter 62 of the City Code. The process and
criteria for review and approval of an SAP Permit application is set forth below.
1. Review and approval process.
i. The Zoning Administrator shall review each submitted application for a SAP Permit for
completeness within seven (7) days of receipt. Upon verification by the Zoning Adminis-
trator, the application shall be referred to the Planning Dirctor. The Planning Director
shall review each application for an SAP Permit for consistency with the Brickell Citi-
Center Regulating Plan, Design Guidelines, Development Agreement, Miami 21 and
the Miami Comprehensive Neighborhood Plan.
If the SAP Permit application involves a project in excess of two hundred thousand
(200,000) square feet of floor area, it shall be referred to the Coordinated Review Com-
mittee, and it may be referred to the Urban Development Review Board. If the SAP
Permit application involves a project equal to or less than two hundred thousand
(200,000) square feet of floor area, it shall be reviewed by the Planning Director and
the Zoning Administrator without need for review by the Coordinated Review Commit-
tee, unless the Planning Director determines that such review is necessary. If the appli
cation is referred, the committee or board shall review the application and provide its
comments and recommendations to the Planning Director.
Where there is no referral to the Coordinated Review Committee, the Planning Director
shall issue an intended decision within thirty (30) calendar days of a determination that
the application is complete. Where there is referral to the Coordinated Review Commit-
tee, the Planning Director shall issue an intended decision within thirty (30) calendar
days of the meeting of the Coordinated Review Committee. The applicant shall have
seven (7) calendar days from receipt of the notice of the intended decision to request a
conference with the Planning Director to discuss revisions or additional information re-
garding the application. Within ten (10) calendar days of the conference, or if no confer-
ence is requested, the Planning Director shall issue written findings and determinations
regarding the applicable criteria set forth in this section and any other applicable regu-
lations. The applicant and the Planning Director may mutually consent to an extension
of the time for issuance of the final decision. The findings and determinations shall be
used to approve, approve with conditions or deny the SAP Permit application.
C2.13
SPECIAL AREA PLAN
BRICKELL
CF1ICENTRE
BRICKELL CITICENTRE SAP ARTICLE 7.1.2 BRICKELL CITICENTRE
DEVELOPMENT REVIEW PROCESS
ii. The Planning Director shall approve, approve with conditions or deny the SAP Permit
application. Approvals shall be granted when the application is consistent with the
SAP, inclusive of its Regulating Plan, Design Guidelines, approved Development
Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan,
as applicable.Conditional approvals shall be issued when the application requires
conditions in order to be found consistent with the SAP, inclusive of its Regulating
Plan, Design Guidelines, approved Development Agreement, the Miami 21 Code and
the Miami Comprehensive Neighborhood Plan, as applicable. Denials of applications
shall be issued if, after conditions and safeguards have been considered, the application
still is inconsistent with the SAP, inclusive of its Regulating Plan, Design Guidelines,
approved Development Agreement, the Miami 21 Code and the Miami Comprehensive
Neighborhood Plan, as applicable. The decision of the Director shall include an
explanation of the Code requirements for an appeal of the decision. The Director shall
include a detailed basis for denial of an SAP Permit.
An SAP Permit shall be valid for a period of two (2) years during which a building
permit or Certificate of Use must be obtained. This excludes a demolition or
landscape permit. A one (1) time extension, for a period not to exceed an additional
year, may be obtained if approved by the Planning Director upon written request by
the Applicant and subject to the equivalent fee to those established in the Miami 21
Code and Chapter 62 of the City Code.
2. Appeal of an SAP Permit to the Planning, Zoning and Appeals Board.
Applicant may file an appeal of the determination of the Planning Director which shall be
de novo and taken to the Planning, Zoning and Appeals Board. An appeal shall be filed
with the Hearing Boards Office within fifteen (15) calendar days of the posting of
decision by the Planning Director on the City's website. The Board shall determine
whether the Permit is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to the
City Commission, de novo and must be filed with the Office of Hearing Boards within
fifteen (15) calendar days of the Board's issuance of its ruling. The filing of the appeal
shall state the specific reasons for such appeal, together with payment of any required
fee.
JUNE 8, 2011 C2.14
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
BRICKELL CITICENTRE SAP ARTICLE 7.1.2 BRICKELL CITICENTRE
DEVELOPMENT REVIEW PROCESS
3. Modifications to a previously approved SAP Permit
All applications for modifications of an approved SAP Permit shall be submitted in writing
to the Zoning Administrator explaining the need for corrections and accompanied by
payment of the fee established by the adopted fee schedule. Except for minor
modifications, the permit may be amended only pursuant to the procedures and
standards established for its original approval. The Zoning Administrator shall review
criteria established in the Miami 21 Code to determine the degree of the modification.
All minor modifications shall be referred to the Planning Director for review and
compliance with the Regulating Plan, Design Guidelines, approved Development Order,
the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. If
found to be in compliance, the Planning Director shall grant the application for minor
modification.
JUNE 8, 2011 C2.15
SPECIAL AREA PLAN
BRICKELLP
CCENTRE
BRICKELL CITICENTRE SAP ARTICLE 9. LANDSCAPE REQUIREMENTS
Trees
Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of at
least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of fifteen (15) feet and
a minimum caliper of three (3) inches at time of planting, and shall be provided along all roadways at a maximum
average spacing of thirty (30) feet on center, except as otherwise provided in this Article. Where the
aforementioned spacing requirement cannot be met, deviations from this standard shall be permitted so long as
the total number of street trees provided equals the total number of street required by the thirty (30) feet spacing
requirement. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall
be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths. Street
trees shall be placed within the swale area or shall be placed on private property where demonstrated to be
necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted
along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where
present within seven (7) feet of the sidewalk.
Minimum Number of Trees
Where a conflict exists, the requirement imposing the higher standard shall apply.
Street trees of a species typically grown in Miami -Dade County which have a minimum clear trunk of four (4)
feet, an overall height of not less than twenty (20) feet, and a minimum caliper of five (5) inches at the time of
planting, shall count toward the minimum number of required trees at a ratio of 4 Street Trees to 1 Required
Tree.
Shrubs
All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting.
Shrubs shall be provided at a ratio of ten (10) per required tree. Ground cover may be provided in lieu of
shrubs at a ratio of two ground cover plants to one shrub. No less than Thirty (30) percent of the shrubs shall
be native species and no less than fifty (50) percent shall be low maintenance and drought tolerant. Eighty
(80) percent of the shrubs shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree
Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list.
JUNE 8, 2011 C2.16
SPECIAL AREA PLAN
Orir
BRICKELL
CITICENTRE
FuTt..inE
BRiGicat
mums;
KrAn 2
PHASING PLAN
a
• • ----
, .
JUNE 6, 2011
C1.01
SPECIAL AREA PLAN
BRICKELL114
CITICENTRE
BICYCLE DIAGRAM
West Block
Use
Provided
Key
Bicycle Spaces
Retail
41
O
Office
5
O
Residential
36*
'Local. on Second Leval of Parking
Garage
East Block
Retail
33
O
Office
6
O
North Block
Retail
21
O
Residential
36
'Lacaltl an Second Level of Parking
Garage
Office
Retail
1
O
Office
40
O
BICYCLE LANE
SHARROW & WIDE RIGHT LANE
SHARED USE PATH
COVERED BICYCLE PARKING
POSSIBLE ON -STREET BICYCLE PARKING
LOCATIONS
JULY132011
C1.02
SPECIAL AREA PLAN
BRICKELL
CFT10ENTRE
STREET PLAZAS
(PEDESTRIAN FOCUS)
TO MANY till IC ICE :.L.%TILAGE
7' 7 / r
dwuls9AK"
PEDESTRIAN CIRCULATION AND PUBLIC TRANSIT
FT
STREET LEVEL
TO MIAMI RIVER
GREENWAY
GATEWAY
PEDESTRIAN STREETSCAPE
METROMOVER STATION
METRO BUS STOP
MIAMI TROLLEY STOP
PROPOSED MIAMI TROLLEY STOP
JULY 13 2011
C1.03
SPECIAL AREA PLAN
BRICKELL �°
CCENTRE
PEDESTRIAN CONNECTION
TO STREET
ENDA-
.1
lr
TO STREET
PEDESTRIAN CIRCULATION AND PUBLIC TRANSIT
LEVEL 02
\./
1 TO STREET
1r
t
TO STREET
.,
L o _ _> PEDESTRIAN CIRCULATION FROM STREET LEVEL
TO LEVEL 02
_ PEDESTRIAN CIRCULATION FROM LEVEL 02
E s TOLEVEL 03
—> PEDESTRIAN CIRCULATION LEVEL02
■ ELEVATORS
JUNE 6 2011 C1.04
SPECIAL AREA PLAN
BRICKELL401,
4
CITICENTRE
-4
Q
- 8 4�
-84
-I 111 rl 11 I f�1� . •
a.
\
PEDESTRIAN CIRCULATION AND PUBLIC TRANSIT
LEVEL 03
li
•
E- --> PEDESTRIAN CIRCULATION FROM STREET LEVEL
TO LEVEL 02
E--->
PEDESTRIAN CIRCULATION FROM LEVEL 02
TO LEVEL 03
PEDESTRIAN CIRCULATION LEVEL 02
■ ELEVATORS
JUNE 6 2011 C1.05
SPECIAL AREA PLAN
1 c i
BRICKELL`1'`,11
CITICENTRE
VEHICULAR SITE CIRCULATION DIAGRAM
Proposee
Signal a 1�
Proposed
Signal Modification
--- — ENTERING
— -0 EXITING
JULY 13, 2011 C1.06
SPECIAL AREA PLAN
iFyBRICKELL ►(
CITICENTRE
VEHICULAR INTERNAL CIRCULATION DIAGRAM
STREET LEVEL
LOADING DOCK
PEDESTRIAN CIRCULATION
LOADING ENTRY AND CIRCULATION
GARAGE ENTRY
E - " GARAGE EXIT
JUNE 13, 2011 C1.07
SPECIAL AREA PLAN
CI <I
BRICKELL ► ► ►
CITICENTRE
9f4ii��ii
i rd.q lI _1-tip M; r:►
.1161Fti�11111i1ii'?Ilfi!111?E7'1 111f11911f111
VEHICULAR INTERNAL CIRCULATION DIAGRAM
BASEMENT 02
tll1flI I lli_10) lllif_II
il110¶s911i 11MI11 i 11 i I7`t f"111
l i t 1LliL GW
f .„wz�
IRO �1IT1i II ..
iil ifIT1 1i.r Mai.R
PEDESTRIAN CIRCULATION
\`-: GARAGE CIRCULATION
— —GARAGE EXIT
JUNE 6, 2011 C1.08
SPECIAL AREA PLAN
%(;
BRICKELL
CITICENTRE
K>7 r t 1 1-011-4 riff 11-1- 1 1t rw 14
111111.1L f EtJl^II9� �
NNi ��j'-
IT
E y.=)o sll it i T
:INIiiM1=3111111.nJiri.I:n.3hIEuini[_n_IIilU1i1
VEHICULAR INTERNAL CIRCULATION DIAGRAM
BASMENT 01
ssr Y. 4-., r;
AL
cs
Itioregyvg
N-1,1414141-11.1•1-1 U.1a`, 44! 4;1-f'
PEDESTRIAN CIRCULATION
GARAGE CIRCULATION
GARAGE EXIT
JUNE 6, 2011
C1.09
SPECIAL AREA PLAN
(4ii
BRICKELL r
CITICENTRE
R.O.W MODIFICATION DIAGRAM
--.11rolgo -1-1.14Me- —t.,_ , [--, --,-:---.:•_-__-____ _
IN%
-Cr
LANE REMOVAUINCREASED SIDEWALK
IMMO CURB CUT WITH CONTINUOUS FLUSH SIDEWALK
MEM CURB CUT FOR LAY-BY
IMMINI INSIDE TURNING RADIUS INCREASE
JULY 13, 2011 C1.10
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
FRONTAGE DIAGRAM
TYPICAL 25'=0" VISIBILITY TRIANGLE
SCALE: 1' = 30'0"
RETAIL FRONTAGE FOR VEHICULAR THOROUGHFARE
NMI
RETAIL FRONTAGE FOR PEDESTRIAN THOROUGHFARE
OFFICE/HOTEL FRONTAGE FOR VEHICULAR THOROUGHFARE
® RESIDENTIAL FRONTAGE FOR VEHICULAR THOROUGHFARE
DECORATIVE GATE
AWNINGS/CANOPIES MAY ENCROACH INTO RIGHT-OF-WAY A
MAXIMUM OF FIFTEEN FEET (15'-0").
THE COMMERCIAL USE BUILDINGS SHALL HAVE CLEAR GLAZING
FOR A MINIMUM OF FIFTY PERCENT (50%) OF THE LINEAR
FRONTAGE, AT A MAXIMUM HEIGHT OF TWO FEET (2'-0") AND A
MINIMUM HEIGHT OF NINE FEET (9'-0") ABOVE THE SIDEWALK.
JULY 13, 2011
C1.11
SPECIAL AREA PLAN
B RI C KE LL ,1011
CITICENTRE
PRINCIPAL FRONT PEDESTAL
_ v_ 10,0' MIN.
•
- •
PEDESTAL
PRINCIPAL FRONT MIN
• .—
r-rrrt
'PEDESTAL
10'.0' MIN.
it rItPt,
PEDESTAL DISPOSITION DIAGRAM
•—PEDESTALPEDEW
10'-0MIN.
1 7-
MIN
PEO STAL'.
PEDESTAL
GROUND
/ PEDESTAL
,,)5...0" MIN.
JULY 13, 2011 C1.12
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
14W
- MIN.
PRINCIPAL FRONT 1MIN4'-0°
.
PRINCIPAL FRONT SW 8111
TOWER
PEDESTAL
GROUND
TOWER DISPOSITION DIAGRAM
TONER
10'-0_MIN.
IN.
JULY 13, 2011
C1.13
SPECIAL AREA PLAN
Ori
BRICKELL
CITICENTRE
-- _ T
9'-4� 187'-8" ( :78'1491
-,-.....- ,JJ;* .
CIVIC SPACE DIAGRAM GROUND LEVEL
t .
ROPOSED M!Ah,Y'
T1ROI(6EY STOP
GATEWAY
METROMOVER STATION
BUS STOP
Q FUTURE TROLLEY STOP
I' PEDESTRIAN PASSAGES (NOT INCLUDED)
CIVIC SPACE (SOFT & HARD LANDSCAPE)
BCCW-1= APPROX 6,200 SF.
BCCE-1 = APPROX 3,000 SF.
BCCN-1= APPROX 1,000 SF.
PLAZA = APPROX 9,500 SF.
TOTAL LEVEL 1 = APPROX 19,700 SF
LOT AREA = 393,678 SF
MIN. 5% LOT AREA= 19,684 SF
JULY 13, 2011
C 1.14
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
e
CIVIC SPACE DIAGRAM LEVEL 02
PEDESTRIAN PASSAGES (NOT INCLUDED)
CIVIC SPACE (SOFT & HARD LANDSCAPE)
BCCE-2 = APPROX 5,000 SF.
JULY 13, 2011 C1.15
SPECIAL AREA PLAN
Ci �I
BRICKELL
CITICENTRE
CIVIC SPACE DIAGRAM LEVEL 03
PEDESTRIAN PASSAGES (NOT INCLUDED)
CIVIC SPACE (SOFT & HARD LANDSCAPE)
BCCE-3= APPROX 1,500 SF.
JULY 13, 2011 C1.16
SPECIAL AREA PLAN
440r
BRICKELL
CITICENTRE
EASTBOUND 7TH ST. VIEW
BRIDGE )
VIEW
PEDESTRIAN PASSAGE VIEW
1,
EASTBOUND 8TH ST. VIEW emmsill110-
MARY BRICKELL
VILLAGE VIEW
TERMINATED VISTA DIAGRAMS
tr;11`1,"
WESTBOUND TH ST. VIEW
j" .•
BRICKELL VIEW
TERMINATED VISTA
-411111 ARROW INDICATES DIRECTION OF VIEWERS.
JULY 13, 2011
C1.17
SPECIAL AREA PLAN
BRICKELL�'��
CITICENTRE
fq
77777:7777-( �.
SIGNAGE DIAGRAM
SIGNAGE LOCATION ZONES:
DIRECTIONAL SIGNAGE LOCATION
® GROUND/FREESTANDING SIGNAGE
G ZONES ILLUSTRATED ON THIS DIAGRAM ARE
GENERALY AND MAY BE MODIFIED AS PART
OF THE MASTER SIGN PACKAGE.
0 FOR PEDESTAL SIGNAGE, REFER TO
REGULATING PLAN SECTION 6.5
JULY 15, 2011
C1.18
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
PLAZA/OFFICE SIGNAGE ZONE
--• 'a • -
BCC WEST OFFICE TOWER SIGNAGE ZONE
90'
TOWER SIGNAGE DESIGN STANDARD
BCC EAST HOTEL TOWER SIGNAGE ZONE
_
, .
.. .
... _ _
BCC EAST EAST OFFICE TOWER SIGNAGE ZONE
BCC WEST / BCC NORTH RESIDENTIAL TOWER SIGNAGE ZONE
TOWER SIGNAGE ZONE
SIGNAGE AREA WITHIN ZONE = 70%
THE MAXIMUM DIMENSIONS OF EACH TOWER SIGN VARY FOR EACH
TOWER, AS SET FORTH ABOVE. ONLY ONE (1) TOWER SIGN PER FACADE
SHALL BE ALLOWED. THE SPECIFIC LOCATION OF TOWER SIGNS SHALL
BE DETERMINED AS PART OF THE MASTER SIGN PACKAGE.
JULY 15, 2011
C1.28
SPECIAL AREA PLAN
�1('r
BRICKELL
CITICENTRE
PEDESTAL DESIGN STANDARD EXAMPLEA
JUNE 29, 2011
C1.30
SPECIAL AREA PLAN
BRICKELL �v
CITICENTRE
PEDESTAL DESIGN STANDARD EXAMPLE B
JUNE 29, 2011 C1.31
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
INTERIOR STOREFRONT ELEVATION EXAMPLE A
JUNE 29, 2011
C1.32
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
STOREFRONT DESIGN STANDARD
JUNE 6, 2011 C1.33
SPECIAL AREA PLAN
BRICKELL4ri,(
CITICENTRE
RETAIL SIGNAGE DESIGN STANDARD OPTIONS
JUNE 6, 2011 C1.34
SPECIAL AREA PLAN
40'r
B R I KE LL C
CITICENTRE
RETAIL SIGNAGE DESIGN STANDARD OPTIONS
JUNE 6, 2011 C1.35
SPECIAL AREA PLAN
BRICKELL `►�
CITICENTRE
FACADE MATERIAL o '
AS PER PEDESTAL
MATERIAL DESIGN
REFERENCE
CLIMATE RIBBON ASS
PER REFERENCE
IMAGES
FACADE MATERIAL ogwegailit.r.7_
AS PER PEDESTAL _, --- - - -
MATERIAL DESIGN
REFRENCE
RETAIL FRONTAGE
AS PER STORE-
FRONT DESIGN
STANDARDS
FACADE PMATERIAL
AS PER PEDESTAL
MATERIAL DESIGN
REFRENCE
FACADE MATERIAL
AS PER PEDESTAL
MATERIAL DESIGN
REFERENCE
RETAIL FRONTAGE
AS PER STORE-
FRONT DESIGN
STANDARDS
ETAIL FRONTAGE`A
-FERSTOREFRONTD
STANDARDS_,
RETAIL FRONTAGE
PEDESTAL FRONTAGES DESIGN STANDARD
BUILDING IDENTITY'"
.,x 'SIGNAGE AS PER--_-
SIGNAGEDIAGRAMS` ':
BUILDING IDENTITY
rSIGNAGEAS.PER:a-;-r.r.
PEDESTAL- DESIGN- -
STA. UARD '
HOTEL FRONTAGE
w�
wla
m1 �y
k� S
rv' LEVEL 4 - RETAIL
+ 60'-0'
LEVEL 3 - RETAIL
+ 40'-0" 7-
LEVEL 2 - RETAIL As
+ 20'-0"
GROUND FLOOR
RETAIL
+
LEVEL 4 - RETAIL
•
+ 60'-0
LEVEL 3 - RETAIL k
+40'-0"
LEVEL 2 - RETAIL
+ 20'-0
GROUND FLOOR
HOTEL LOBBY
+ 0'-0"
JUNE 29, 2011
C1.36
SPECIAL AREA PLAN
BRICKELL ► ►
CITICENTRE
ENLARGED NORTH ELEVATION DESIGN STANDARD
WEST CONDO TOWER
NORTH CONDO TOWER
JUNE 29, 2011
C1.37
SPECIAL AREA PLAN
BRICKELL
CI -I -CENTRE
1m/tit prtgli_
keetlitdaki P.
DN
KEY PLAN
SCALE: 1"=200'-0"
0' 100'
50' 200'
PRELIMINARY THOROUGHFARE SECTIONS
ihro• e
aitut+
4;
IF-T-411 -
EffeRallIgAitt
mai woof.,
etku,
PLAN & SECTION (1/42)
N
SCALE: 1"=40'-0"
0' 20'
10'
40'
twalli IRE Penn%
%IMF U1.410.1% MN=
f4r1Tili
JULY 13, 2011 C1.40
SPECIAL AREA PLAN
BRICKELL41ki
CFfiCENTRE
B
DKEY PLAN
SCALE: 1 "=200'-0"
D' 100'
50'
200'
PRELIMINARY THOROUGHFARE SECTIONS
56,
t4LrRi LAW IP.L IL91M7i11P
l+ Ivau Min%, UMW,
11
[4f'
PLAN & SECTION rm
SCALE: 1 "=40'-0"
0' 20'
10'
40'
N
JUNE 6, 2011 C1.41
SPECIAL AREA PLAN
(l i
1
BRICKELL ►
CITICENTRE
••
N
DKEY PLAN
SCALE: 1 "=200'-0"
0' 100'
50'
200'
'1E01a,31r
PRELIMINARY THOROUGHFARE SECTIONS
liLL caa
iP
amadvair
aeYa4trix
c41,1a a,rx,t, uv.
MEMEL MAW
0111,4
1a Pit aiPuB
ii4?_ i
itr 74Y,
is
Uia"t"a
TUE
PLAN & SECTION
SCALE: 1"=40'-0" N
0' 20'
10'
40'
JUNE 6, 2011
C1.42
SPECIAL AREA PLAN
I
BRICKELL ► ►
CITICENTRE
N
KEY PLAN
SCALE: 1 "=200'-0"
0' 100'
50'
200'
PRELIMINARY THOROUGHFARE SECTIONS
stracx PROPERTY eno-efr, FArxx
LPEi iUjIE LIE LIE
i Et�7Pit # W - -Q Totr m tasI MOO
N
PLAN & SECTION
SCALE: 1"=40'-0"
0' 20'
10'
40'
JUNE 6, 2011 C1.43
SPECIAL AREA PLAN
BRICKELL ,)0
CITICENTRE
WEST E.10,4IT
BLOCK �'I' BLOCK
risaasow
DKEY PLAN
SCALE: 1 "=200'-0"
0' 100'
50'
200'
PRELIMINARY THOROUGHFARE SECTIONS
F3�6'
9'ff %, r
o <1 Ili T
N
PLAN & SECTION
SCALE: 1"=40'-0"
0' 20'
10'
40'
JUNE 6, 2011
C1.44
SPECIAL AREA PLAN
BRICKELL S�°
CITICENTRE
N
(ThKEY PLAN
SCALE: 1"=200'-0"
0' 100'
50'
200'
Nip PLAN & SECTION
SCALE: 1"=40'-0"
0' 20'
10'
40'
PRELIMINARY THOROUGHFARE SECTIONS
JULY 13, 2011 C1.45
SPECIAL AREA PLAN
BRICKELL �Nik
CfTCENTRE
i;014Nttl
G' NORTH
— BLOCK
1 ,
n,J.Gw- i
N
KEY PLAN
SCALE: 1 "=200'-0"
0' 10
50' 200'
PRELIMINARY THOROUGHFARE SECTIONS
PiPFJlef
LF�
SrAfreIVAMAYME
COMG
20.' 11'MEM
Primly saw
um el
16•P
acomISMV
1114
iLE 1.4,7 WO' rill IV?
8EEN -D•
i(1111`� B
N
Nr-rcLAN & SECTION
GALE: 1 "=40'-0"
0'
10' 40'
JUNE 6, 2011 CI.46
SPECIAL AREA PLAN
BRICKELO
CITICENTRE
a
rid
EAST_ '
BLOCK
1 , f iI 1°•11ih
N
KEY PLAN
SCALE: 1"=200'-0"
200'
PRELIMINARY THOROUGHFARE SECTIONS
PLAN & SECTION W SCALE: 1"=40'-0"
N
0' 20'
10'
40'
JUNE 6, 2011 C1.47
SPECIAL AREA PLAN
BRICKELL 'i�°
CITICENTRE
PRELIMINARY THOROUGHFARE SECTIONS
N
WKEY PLAN
SCALE: 1"=200'-0"
200'
PLAN & SECTION
SCALE: 1"=40'-0" �N
0' 20'
10'
40'
JUNE 29, 2011
C1.48
SPECIAL AREA PLAN
67
BRICKELL�4(011°
CITICENTRE
SIDEWALK CURB CUT DETAIL
BCC -NORTH AT SE 6TH STREET
SE 6th STREET
177'-4"
22'-0"
74'-1"
52'-10"
/
DROP-OFF
EXIT
5% SLOPE
FLUSH
— J
0
residential
O service lobby
305'-2"
0
5% SLOPE
0
FLUSH
folding screen
notch in parking
garege above
valet pick-up
DROP-OFF
ENTRANCE
/ 15'-7" /
LOADING
ENTRANCE
O
dock master
O 0
m
residential
parking
23.-6"
GARAGE
NTRANCE / EXIT
p v
G 7
UP C�
LO1
.oC
P
GATE
LOADING
O
cn
FPL
va u1£j
S/G
JUNE 29, 2011 C1.50
SPECIAL AREA PLAN
BRIC KELL1'
CITICENTRE
1
15'R
GATE
LOADING TRAFFIC TO BE
SCHEDULE DURING OFF
HOURS
28'-0"
TRUCK DRIVE AISLE
SIDEWALK CURB CUT DETAIL
BCC -NORTH AT SE 7TH STREET
8.5% SLOPE
DN
B01
11'-6"
retail
parking
FLUSH
RAMP
FLUSH FLUSH FLUSH
0
FLUSH
: •15'R
i
1:12 MAX.
4'•0"
74'-6"
SE 7th STREET
8'R
JUNE 29, 2011 C1.51
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
office
lobby
1,01 sf'
retail
1,265sf
Sc;
SE 7TH STREET
6?v 5LQP[
SIDEWALK CURB CUT DETAIL
BCC -EAST AT SE 7TH STREET
75
FLUSH
"'nil` L r
- LOAD EXIT
TE LOADING
PRO TO BE
ULE DURING
OFF HOURS
I I GARAC
EN ANC 8,`EXIT
DN 11301
RED
Il
11
it
I I
Il
Il
II
LI
11
11
JULY 13, 2011
C1.52
SPECIAL AREA PLAN
414
BRICKELL
CITICENTRE
rec. off.
150 sf
staging
280 sf
LOAM
S HE
retail
1,045 sf
iIJ
GATE
3 TRAFFIC TO BE
ULE DURING OFF
OURS
SIDEWALK CURB CUT DETAIL
BCC -EAST AT SE 8TH STREET
DN BOVD
= - 7_ :1„-• 2-
fr-1-11 fil-t" 1 '.
Lb-Ai:AN-a "GARA0eARA6ff
retail
1,400 sf
15,
251.3-1
15
Lim
1,Eyr9A,,NcE EAT _
8"' st. ramp 6,
br.
-146"
5% SLOPE
•Px& 441.0"
SE 8TH STREET
JULY 13, 2011
CI.53
SPECIAL AREA PLAN
BRICKELL
*"iirl
CITICENTRE
SIDEWALK CURB CUT DETAIL
BCC -WEST AT SW 7TH STREET
SW 7TH STREET
140'-11"
53'-6"
PAVEMENT
5% SLOPE STRIPING
75'-0"
R5' .V
-
GARAGE
ENTRANCE & EXIT
ED
ED°
FLUSH
0
A 12'-0„
OP -OFF
AD
23'-0"
i/
Is
/ 12'-5"
5% SLOPE
FLUSH
GATE
LOADING
TRAFFIC TO BE
SCHEDULE
DURING
OFFHOURS
I1
0I
k
0
T
v
0
0
JULY 13, 2011
C1.54
SPECIAL AREA PLAN
BRICKELL®
CITICENTRE
FLUSH
I
GARAGE
12'-0"
GARAGE
CD
fl
CD.
GATE
LOADING TRAF
SCHEDULE DU
HOURS 1
EL
GARAGELOADING
ENTRANCE ENTRANCE
LUSHOR EXIT
EXIT ENTRANCE
A AP -- LUSH--
RA P
1 MAX. 1:12 MAX. FLUSH
SIDEWALK CURB CUT DETAIL
BCC -WEST AT SW 8TH STREET
FIC TO BE
ZING OFF
1111
11111111
157
- E-�1
- J
o Q
66'-1"
SW 8th STREET
JULY 13, 2011 C1.55
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
PRELIMINARY MASSING
JUNE 6, 2011
C1.60
SPECIAL AREA PLAN
/71
BRIC KE LL ►
CITICENTRE
PEDESTRIAN CONNECTION REFERENCE IMAGES
JUNE 6, 2011
C1.70
SPECIAL AREA PLAN
9 I/i
BRICKELL S� r
CITICENTRE
PEDESTRIAN CONNECTION REFERENCE IMAGES
JUNE 6, 2011
C1.71
SPECIAL AREA PLAN
BRICKELL��
CITICENTRE
CLIMATE RIBBON REFERENCE IMAGES
JUNE 6, 2011
C1.72
SPECIAL AREA PLAN
BRICKELL
CITICENTR E
PARKING GARAGE SCREEN DESIGN REFERENCES
-Art Scroon.s
TEP_IIIVtl; 11:: 1 ETAINA.4$ Ilv 1 CIIMINAL
• . — - • ----- - • — - Y:,1
noAl e'' MO Altival
;oitx1.C-Iti toRiTuffi P:midrig
-
:1
. ;:::._!..,..4,;;AFP,..vP.1,•:.:W1.;;-:*7+;,Tfild::;=_, ..,c q,.,..., ..v..
JUNE 6, 2011
C1.73
SPECIAL AREA PLAN
i�
B RIC KE LL ||,|
CITICENTRE
PEDESTAL FACADE MATERIAL DESIGN REFERENCES
STONE
m < <2
FACADE PANELS
METAL PANELS
PAINTED STUCCO
JUNE % 2011
C1.74
SPECIAL AREA PLAN
Public Space + Retail
Shade
Bal Harbour
Provide shade for comfort
Water features to sensory cooling
Spaces vary in scale accommodating various programs
Signature plazas and public space
BRICKELL ‘141,Y
CITICENTRE
STREETSCAPE REFERENCE IMAGES
Cidade Jardim
JUNE 6, 2011
C1.75
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
Bursera simaruba, Gumbo Limbo
EXISTING TREE TRANSPLANTING
Quercus virginiana, Live Oak
Some of the existing trees on site will be transplanted Precedent: Existing temporary Nursery at Museum
to a temporary nursery on site for later relocation park construction site to be transplanted to Miami Art
within the property. Museum
JUNE 6, 2011
C1.80
SPECIAL AREA PLAN
BRICKELL ``,11
CITICENTRE
Area
Planting beds
Forms
Representative
Trees
Representative
Groundcovers
Precedent
Seattle stormwater
attenuation planters
PLANTING ZONES & TYPES
Streetscape
Planting beds will run parallel with the street between the main pedestrian zone
of the sidewalk and the back of the curb. Planters will be as large as is practical
to encourage healthy tree growth. Pervious pavements will also be used when
possible to allow air and water to reach root zones under pedestrian zones.
Large upright trees with strong central leaders with lower branches trimmed will
be planted and transplanted to allow pedestrian and vehicular traffic to pass.
Streets running East and West will be species with dense canopies. Streets
running North and South may allow more mottled shade. Shade tolerant, du-
rable, groundcovers will be placed in beds beneath trees.
Bucida buseras, Black Olive; Bursera simaruba, Gumbo Limbo; Lysiloma latisili-
qua, Wild tamarind; Pinus elliottii var. densa, South Florida slash pine; Quercus
virginiana, Live Oak; Simarouba glauca, Paradise Tree; Swietenia mahagoni,
West Indian Mahogany; Taxodium distichum, Bald cypress
Arachis glabra, Perennial Peanut; Mimosa strigillosa, Powderpuff; Phyla nodi-
flora, Frogfruit; Ruellia caroliniensis, Wild Petunia; Sisyrinchium angustifolium,
Blue-eyed Grass
JUNE 6, 2011
C1.81
SPECIAL AREA PLAN
BRICKELLN1I
CITICENTRE
Area
Planting beds
Forms
Representative
Trees & Palms
Representative
Groundcovers
Precedent
Beijing, China
PLANTING ZONES & TYPES
Metromover Greenway
The area in and around the Metromover will be left open to be converted into a
linear park. Open ground will be mixed with paths
Large trees will be planted and transplanted in the portions of the greenway far
away from the Metromover tracks. Smaller trees, palms, and large shrubs will
be planted closer to the overhead Metromover tracks. No dense shrubs will be
included so pedestrian sight lines will be maintained. Shade tolerant groundcov-
ers will act as living mulch under the canopy. An area of more active recreation
may be planted with turf grass.
Acoelorrhaphe wrightii, Paurotis palm; Bursera simaruba, Gumbo limbo; Coc-
coloba diversifolia, Pigeon plum Dipholis salicifolia Willow -leaved bustic; Ficus
aurea, Strangler fig; Myrcianthes fragrans, Simpson's stopper; Myrica cerifera
Wax myrtle; Psuedophoenix sargentii Buccaneer palm; Quercus virginiana, Live
Oak; Sabal palmetto, Cabbage palmetto; Thrinax radiata, Thatch palm
Arachis glabra, Perennial Peanut; Mimosa strigillosa, Powderpuff; Phyla nodi-
flora, Frogfruit; Ruellia caroliniensis, Wild Petunia; Sisyrinchium angustifolium,
Blue-eyed Grass
JUNE 6, 2011
C1.82
SPECIAL AREA PLAN
BRI CKELL
CITICENTRE
Area Civic Spaces
Planting beds
PLANTING ZONES & TYPES
Wide plazas and pedestrian walkways within the property will be heavily planted to
provide shade and define spaces. A mix of raised beds and built-up areas will allow
large trees to be planted in an urban setting.
Forms Large upright trees with high canopies will allow filtered light to the pedestrian zones.
Small trees and shrubs will also be planted in raised planters.
Representative
Trees & Palms
Representative
Groundcovers
Precedent
Bal Harbour
Acoelorrhaphe wrightii, Paurotis palm; Bursera simaruba, Gumbo Limbo; Lysiloma
latisiliqua, Wild tamarind; Myrcianthes fragrans, Simpson's stopper; Myrica cerifera
Wax myrtle; Pinus elliottii var. densa, South Florida slash pine; Simarouba glauca,
Paradise Tree; Taxodium distichum, Bald cypress
Arachis glabra, Perennial Peanut; Mimosa strigillosa, Powderpuff; Phyla nodiflora,
Frogfruit; Ruellia caroliniensis, Wild Petunia; Sisyrinchium angustifolium, Blue-eyed
Grass
JUNE 6, 2011
C1.83
SPECIAL AREA PLAN
Solar LED paver lights
BRICKELL ► i ►
CITUCENTRE
LIGHTING DESIGN STANDARDS
JUNE 6, 2011
C1.84
SPECIAL AREA PLAN
BRICKELL IN1,11
OTCENTRE
LIGHTING DESIGN STANDARDS
Solar LED
Lighting
There will be three levels of lighting for vehicles, pedestrian path lighting, and landscape feature lights. Solar
energy reliance limits electrical infrastructure requirements. LED lamps extend lamp life
Lighting Hierarchy
JUNE 6, 2011
C1.85
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
Precedent: Roadway improvements adjacent to Adrienne Arsht Center for the
Performing Arts of Miami -Dade County on US1.
Transition Green areas / hardscape
PAVING DESIGN STANDARDS
Continuity of existing city sidewalks
JUNE 6, 2011
C1.86
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
Tactile Surfaces
ADA accessible aggregate surface.
Special treatment in street tree root zones.
PAVING DESIGN STANDARDS
Concrete & stone pavers
JUNE 6, 2011
C1.87
SPECIAL AREA PLAN
as
BRICKELL 'itY
CITICENTRE
LANDSCAPE PLAN & PLANT SCHEDULE
PLANTS Rif HUE
TREE
►
CODtr
Trailiplandecl Tree
tiTY
6
BOTANICAL NAME
8vascaanlni,i uba, Fkuiaurea,
Duerl:i virgi(liana
COMMON NAME
Gumhn !Milo,
Strangler fig. Ltvu
Dak
HEIGHT
irdntei
SP1IEr5D,
Varies_.
12' M ai.
003
0 0
'
Lil! E Trt:es
R9
8ixisli l}tly.nral, durFn4
�.Ir ruha, (tclrvracis wIrBlitlarvn,
twimiliuin diSNtlinm
Mack OINO,OWdhbq
Ll mhn, L6vr elak,
RAJ Cyptem
16' Min,
DA.,
0 0
0
Mimilum Tmrs
fay
Lyik1santIslh qu3,. CBRPati3
Sdn iphalloptiera
Chrlso0yI161I1oiiviforrne
hfitrrinntite$ dr.gprily Milne sla
nahnara.
Wdp iamanrtd,
191nalcaCope r,
5arinlral,$Ian1i n's
Kt wiper, Vrry Wand
lB Min.
F' Min.
SIIRUBSIGROUN:DC5 VER
GODS:
AREA ISO
BOTANICAL NAME
COMMONIYAME
O,C,
__........
$Thule(/C ouriilctxeces
212E16
Ar@, hii.&sb' „trim'via
suiglreia, PIrrIn,rlotliflorf,
Filrgelin[aarlllntnnsls,
SesyTlnshrurnaneuslitoIumo
TkipiytUn5 finri8an.rai,
M.ihleribeiyjaeadillnrls,
BlwnrlIn palmns, f+syrrhnirtri
ntusai a,IIymenne:dlslali{nlia,
Nis nIijnic,s
Perennial Pendul,
pewderpull,
Frn fndt,Wad
Petunia, Me Eyed
Grtis,. rarkhagth€e
Grass,Witty GUM,
Flrrhalsh, WU.
Led fi e,SpirlerIlly,
Blue flays Irks
Vann(
JUNE 6, 2011
C1.90
SPECIAL AREA PLAN
BRICKELL `1,"1'
CITICENTRE
LANDSCAPE DETAILS
,4 PAVERS OR CONCRETE IMPERVIOUS
SURFACE
REFER TO PLANS FOR TREE TYPE
CURB CUTS CHANNEL WATER INTO
PLANTER
URFACE OF PLANTER BELOW GRADE
OR TEMPORARY WATER STORAGE.
OVERFLOW DRAIN
la
�
-III 111EIIElIE-ME
-LIITII,I rl I�Z!4.0.��O1/44.O4//� IIHIH1, �II II
li TLI IIEI -III II I E I1-1 ��j�j�jN,.M.0 ILE FIFA-11EII
_III.111E1EI 11E111—E1111111El IIIIEIl 4,•�I•Ptek•1�IA JEIEINI II
R I1 11 r Ii —1 11nI 11E11 — ——II`II —
N J „III-I11. II 1 _�1-1I _1I�� I ,Rab _14, € II
STORMWATER RETENTION TREE ROOT ZONE
PAVERS OR CONCRETE IMPERVIOUS
SURFACE
REFER TO PLANS FOR TREE TYPE
GROUNDCOVER PLANTED IN TREE
OT ZONE.
ROOT BARRIERS
OPEN PLANTER TREE ROOT ZONE
PAVERS OR CONCRETE IMPERVIOUS
SURFACE
REFER TO PLANS FOR TREE TYPE
OPEN JOINTED CONCRETE UNIT
AVERS OVER AGGREGATE AND
NCOMPACTED SOIL.
ROOT BARRIERS
it ;u 1111 UIIII I11 III--11 ZZ ei��G��i�%i�`��i iE lr'u-
I, I I: I I III H II �`I�G�I I I�G�/� I I- E1
II �III 111 II-1 I I 'II �n1l-Ill-111=11 � :El r �E ll-11�111-11ru
II IHE El 1 11 III IIHII 11E11E E E1E11E11E11Ell J1 1 L EI
1 ,11E111E111, II1:JI_I IrIL'II ,111.11E-1IL—IE, lE1E-1E11E11E11E11
PREVIOUS PAVEMENT TREE ROOT ZONE
JUNE 6, 2011 C1.91
SPECIAL AREA PLAN
BRICKELL "
CITICENTRE
MIAMI CITY CODE CHAPTER 17: TREE REMOVAL
MIAMI CITY CODE CHAPTER 17: TREE REMOVAL
ESTIMATED MAXIMUM AMOUNT OF REMOVED TREES,
(MEASURED BY DIAMETER AT BREAST HEIGHT, D.B.H.)
BCC EAST AND WEST SITES: 1681
BCC OFFICE SITE: 530
BCC NORTH SITE: 586
MIAMI DADE TRANSIT SITE: 114
TOTAL: 2,911
ESTIMATED REPLACEMENT TREES REQUIRED (PER CHAPTER 17.6.11)
972 2" D.B.H. OR 485 4" d.b.h. TREES.
ESTIMATED ON -SITE REPLACEMENT TREES PROVIDED
30 MINIMUM 2" D.B.H. TREES
58 MINIMUM 4" D.B.H. TREES
ESTIMATED OFF -SITE REPLACEMENT TREES adjacent to project
60 STREET TREES MINIMUM 4" D.B.H.
31 MINIMUM 2" D.B.H. STREET TREES
16 MINIMUM 4" D.B.H. TREES IN MIAMI-dade TRANSIT CORRIDOR
54 minimum 2" d.b.h. trees in miami-dade tranist corridor
estimated remaining replacement trees required per chapter 17
minimum 2" d.b.h. trees: 558
estimated additional 2" d.b.h. trees required per miami 21
193 required - 109 provided: 84
estimated total off-ste REPLACEMENT TREES REQUIRED
(not currently shown in plan)
642 2" D.B.H. OR 321 4" d.b.h. TREES.
replacement trees to be relocated within commision district 2 on public property within 1 mile of the project, with an emphasis on
7th street, 8th street, and south miami avenue. if trees can not be located within district, payment into the tree trust fund can be
made at the rate of $1,000 per 2" d.b.h. tree.
JUNE 6, 2011 C1.92
SPECIAL AREA PLAN
BRICKELLi4oI
CITICENTRE
CITY OF MIAMI LANDSCAPE LEGEND - REQUIRED
LANDSCAPE LEGEND
INFORMATION REQUIRED TO BE PERMANENTLY AFFIXED TO PLANS
Transect Zone:
OPEN SPACE
T6-48b-O Lot Area: 393,678 Acres 9.04
REQUIRED/ PROVIDED
ALLOWED
A. Square feet of required Open Space, as indicated on site plan: 39,368 59,000
Lot Area = 393,678 s.f. x 10 % = 39,368 s.f.
B. Square feet of parking lot open space required by Article 9, as
indicated on site plan: 0 0
Number of parking spaces 0 x 10 s.f. per parking space=
C. Total square feet of landscaped open space required: A+B= 39,368 12,000
LAWN AREA CALCULATION
A. Square feet of landscaped open space required by Miami21: 3,937 12,000
B. Maximum lawn area (sod) permitted = 20 % x 12,000 s.f. 2,400 T.B.D.
TREES
A. Number of trees required per net lot acre, less existing number of trees
meeting minimum requirements =
22 trees x 9.04 net lot acres— number of existing trees= 199 T.B.D.
B. Palms allowed: Number of trees provided x 30% = T.B.D. T.B.D.
C. % Natives required: Number of trees provided x 30% = T.B.D. T.B.D.
D. % Drought tolerant and low maintenance:
Number of trees provided x 20% = T.B.D. T.B.D.
E. Street Trees (maximum average spacing of 30' o.c.):
2606 linear feet along street / 30 = 87 87
% Palms permitted to count towards street trees on 1:1 basis x 30%: 26 T.B.D.
F. Street trees located directly beneath power lines: (maximum average
spacing of 25' o.c.): 0 linear feet along street / 25 = 0 T.B.D.
SHRUBS
A. Number of shrubs required: Number of trees required x 10 = 1,989 T.B.D.
B. % Native shrubs required: Number of shrubs provided x 30% = T.B.D. T.B.D.
C. % Drought tolerant and low maintenance required:
Number of shrubs provided x 20%= T.B.D. T.B.D.
JUNE 6, 2011 C1.93
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
Transect Zone: T6-48b-0 / SAP
LANDSCAPE LEGEND - PROPOSED
Lot Area: 393,678 Acres 9.04
OPEN SPACE REQUIRED/ PROVIDED
ALLOWED
A. Square feet of required Open Space, as indicated on site plan:
Lot Area = 393,678 s.f. x 10 % = 39,368 s.f.
39,368 59,000
B. Square feet of parking lot open space required by Article 9, as
indicated on site plan: 0 0
Number of parking spaces 0 x 10 s.f. per parking space=
C. Total square feet of open space required: A+B=
D. Total square feet of landscaped open space required:
39,368 s.f. open space x 10 % open space required to be landscaped
LAWN AREA CALCULATION
A. Square feet of landscaped open space required by Miami21:
B. Maximum lawn area (sod) permitted = 20 % x 12,000 s.f.
TREES
A. Number of trees required per net lot acre, less existing number of trees meeting
minimum requirements , less 1/4 of street trees >_ 5" D.B.H. at installation=
22 trees x 9.04 net lot acres —
6 existing trees -
15 (1/4 of 60 Street trees >_ 5" D.B.H.)=
39,368 59,000
3,937 12,000
3,937 12,000
2,400 1,200
178 111
B. Palms allowed: Number of trees provided x 30% = 33 30
C. % Natives required: Number of trees provided x 30% = 33 50
D. % Drought tolerant and low maintenance:
Number of trees provided x 20% = 22 50
E. Above grade trees allowed in T5 & T6: Number of trees requried x 25%= 44 50
F. Street Trees (maximum average spacing of 30' o.c.):
2606 linear feet along street / 30= 87 98
% Palms permitted to count towards street trees on 1:1 basis x 30%:
G. Street trees located directly beneath power lines: (maximum average
spacing of 25' o.c.): 0 linear feet along street / 25
29 0
0 0
SHRUBS AND GROUNDCOVERS
A. Number of shrubs required: Number of trees required x 10 = 1,779 2,300
Shrubs provided: 300 Shrubs + 2,000 (1/2 of 4,000 Groundcovers)=
C. % Native required: Number of shrubs provided x 30% =
D. % Drought tolerant and low maintenance required:
Number of shrubs provided x 50%=
690 1,000
1,150 1,500
JUNE 6, 2011 C1.94
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
CIVIC SPACE PLAZA DESIGN STANDARD
EAST ELEVATION PEDESTAL DESIGN STANDARD (EAST BLOCK)
WEST ELEVATION PEDESTAL DESIGN STANDARD (OFFICE)
JUNE 29, 2011
C1.95
SPECIAL AREA PLAN
1041
BRICKELL
CITICENTRE
1. RAISED PLANTING BEDS
2. CONTINUOUS BENCHES
3. REFLECTING POOLS
4. CONTINUOUS BENCH
5. FIXED TABLES AND PLATFORMS
6. AT -GRADE PLANTERS
7. POTENTIAL SCULPTURE
LOCATIONS
8. PAVING DEFINING THE PLAZA
CIVIC SPACE PLAZA DESIGN STANDARD
JUNE 29, 2011
C1.96
City of Miami
File Summary Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 11-00541
Introduced: 6/14/11
Type: Ordinance Status: Passed
Final Action: 7/28/11 Controlling Body: Office of the City
Clerk
Title: "INCOMPLETE (CHANGES NECESSARY). PENDING FINAL REVIEW AND APPROVAL BY CITY
ATTORNEY."
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A
DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN
SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE
PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "BRICKELL CITICENTRE" ON
APPROXIMATELY ±9,03 ACRES, ZONED BRICKELL CITICENTRE SPECIAL AREA PLAN ("BCC SAP"),
BOUNDED ROUGHLY BY NORTHEAST 6TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH,
BRICKELL AVENUE TO TILE EAST, AND SOUTIIWEST 1ST AVENUE TO THE WEST, MIAMI,
FLORIDA ("PROJECT BOUNDARIES"), FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND
FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO:
RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY
OTHER USES AUTHORIZED BY TI-IE BCC SAP AND PERMITTED BY THE EXISTING T6-48B 0
TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE;
AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14; AUTHORIZING A
MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET
AND 160 FEET FOR PHASE 1/1A AND PHASE II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT THE
CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT
CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE
TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE PROJECT BOUNDARIES;
AUTHORIZING TIIE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami Page I Printed on 10/13/2011
d
DEVELOPMENT AGREEMENT BETWEEN
CITY OF MIAMI, FLORIDA AND SWIRE
PROPERTIES, REGARDING DEVELOPME
OF THE BRICKELL CITICENTRE PROJECT
THIS AGREEMENT is entered this day of July, 20 , by and between Swire
Properties, Inc., a Florida for profit corporation ("Swire"), a d the CITY OF MIAMI,
FLORIDA, a municipal corporation and a political subdivision o the State of Florida ("City")
(Swire and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, Swire holds fee simple title to 9.03 . cres of property in the Brickell area of
downtown Miami,
WHEREAS, the prope is more specifically located south of the Miami River, west of
Brickell Avenue, north of SW 8` Street and east of NW 15t Avenue (the "Property"; sketch and
legal descriptions of which are attached as Exhibit "A");
WHEREAS, the Property spans four pity blocks and is located between two mass transit
routes;
WHEREAS, the Property is curr ntly underutilized in that it predominantly consists of
vacant, undeveloped lots secured by ch 'n link fencing;
it
WHEREAS, the current sta of the Property is inconsistent with the City's vision to
develop a world class downtown/and the City wishes to encourage redevelopment of the
Property;
WHEREAS, Swire wi hes to redevelop the Property into a high -density, mixed -use,
pedestrian oriented, urban dev opment known as Brickell CitiCentre which will provide much
needed retail for the Brickell nd Downtown area of Miami (the "Project");
WHEREAS, in order to maximize efficiency and design of Brickell CitiCentre, Swire
desires to construct two le/els of underground parking;
WHEREAS, a 12 ocess exists within the City's zoning code ("Miami 21") which allows
parcels of more than rj me abutting acres to be master planned to allow greater integration of
public improvements and infrastructure, and greater flexibility so as to result in higher or
specialized quality b�y{{ilding and streetscape design;
WHERE)), the result of this master planning process is known as a "Special Area Plan"
or "SAP;
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City;
{ M3063340;1 } 1
WHEREAS, the City and Swire wish to rezone the Property from T6-48B-0 to,pfickell
CitiCenter SAP in order to encourage redevelopment of the Property and effectuate the roject;
WHEREAS, this Development Agreement ("Agreement") satisfies the red irement set
forth in Miami 21;
WHEREAS, the City and Swire wish for development of the Pfoject to proceed
substantially in accordance with the Regulating Plan and Design Guideline attached as Exhibit
"B" ("Regulating Plan and Design Guidelines") and the Conceptual ite Plan attached as
Exhibit "C" ("Conceptual Site Plan");
WHEREAS, the Property is designated Restricted Commer 'al, with an Urban Central
Business District Overlay, in the Miami Comprehensive Neighborhood Plan (the
"Comprehensive Plan");
WHEREAS, the City and Swire wish for developmerft of the Project to proceed in a
manner which is consistent with the Comprehensive Plan;
WHEREAS, the Project is located in the Downtos'n Development of Regional Impact
("DDRI");
WHEREAS, as of the Effective Date, the DD} I has sufficient development capacity to
accommodate the Project and Swire has reserved suc capacity through appropriate means with
the City;
WHEREAS, the lack of certainty in the ajiproval of development can result in a waste of
economic and land resources, discourage souncapital improvement planning and financing,
escalate the cost of housing and development/ and discourage commitment to comprehensive
planning;
WHEREAS, assurance to a develo er that it may proceed in accordance with existing
laws and policies, subject to the conditio of a development agreement,,strengthens the public
planning process, encourages sound ca ital improvement planning and financing, assists in
assuring there are adequate capital facilities for the development, encourages private
participation in comprehensive plannin , and reduces the economic costs of development;
WHEREAS, the City Com fission pursuant to Ordinance No. 11-XX, adopted July XX,.
2011 has authorized the City Mana er to execute this Agreement upon the terms and conditions
as set forth below, and the Boards f Directors have authorized Swire to execute this Agreement
upon the terms and conditions set/forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parts mutually agree and bind themselves as set forth herein:
Section 1. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for utJafter this Agreement constitute substantial benefits to both parties and
thus adequate consideratigfi for this Agreement.
{M3063340;1 } 2
Section 2. Rules of Legal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include th singular;
(c) A pronoun in one gender includes and applies to other genders as 11;
(d) The terms "hereunder", "herein", "hereof, "hereto" and such imilar terms shall
refer to the instant Agreement in its entirety and not to ' dividual sections or
articles;
(e) The Parties hereto agree that this Agreement shall noj/be more strictly construed
against either the City or Swire, as all parties are dra ers of this Agreement and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be dee - ed adopted and incorporated into
the Agreement; provided however, that this A reement shall be deemed to control
in the event of a conflict between the attach ents and this Agreement.
Section 3. Definitions. Capitalized terms which 9fe not specifically defined herein shall
have the meaning given in Miami 21. ;
"Agreement" means this Agreement between the City and Swire.
"City" means the City of Miami, a -municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2010), meeting the requirements of Section 163.3177, Florida
Statutes (2010), Section 163:3178, Florida Statutes (2010) and Section
163.3221(2), Florida Statutes (2010), which is in effect as of the Effective Date.
"County" means Miami -Dade County, 'a political subdivision of the State of
Florida.
"Development" means the carrying out of any building activity, the making of
any material change in; the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), Florida Statutes (2010).
"Effective Date" isjthe date of recordation of the executed, original version of
this Agreement.
M 3063340; r1 3
"Existing Zoning" is (a) Miami 21 Code, January 2011, specifically including
the Brickell CitiCentre SAP, and (b) the provisions of the Charter and City Code
of Miami ("Code") which regulate development, specifically including Chapters
10, 13, 22, 23, 36, 54, 55 and 62 of the Code as amended through the Effective
Date, which together comprise the effective land development regulations
governing development of the Property as of the Effective Date.
"Land" means the earth, water, and air, above, below, or on the surface an
includes any improvements or structures customarily regarded as land.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans and
development regulations, and rules adopted by a local government affect} g the
development of land.
"Public Facilities" means major capital improvements, including, buot limited
to, transportation, sanitary sewer, solid waste, drainage, potable water,
educational, parks and recreational, streets, parking and healtl)�systems and
facilities.
Section 4. Purpose. The purpose of this Agreement is for the ity to authorize Swire to
develop the Project pursuant to the Brickell CitiCentre SAP. This Agreement will freeze, as of
the Effective Date, the land development regulations which will govern development of the
Project, thereby providing the Parties with additional certainty dy ing the development process.
This Agreement also satisfies Section 3.9.1.f., Miami 21.
Section 5. Intent. Swire and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Brickel CitiCentre SAP, this Development
Agreement, the Comprehensive Plan and the Florid Local Government Development,
Agreement Act, Section 163.3220 - 163.3243, Florida Stat tes.(2010).
Section 6. Applicability. This Agreement only applies to the Project.
Section 7. Term of Agreement, Effective Date a d Binding Effect. This Agreement shall
have a term of thirty (30) years from the Effectiv Date and shall be recorded in the public
records of Miami -Dade County and filed with the ity Clerk. The term of this Agreement may
be extended by mutual consent of the Parties su .ject to a public hearing, pursuant to Section
163,3225, Florida Statutes (2010). This Agreeme t shall become effective on the Effective Date
and shall constitute a covenant running with the and that shall be binding upon, and inure to, the
benefit of the parties, their successors, assi s, heirs, legal representatives, and personal
representatives.
Section S. Permitted Development Uses 71nd Building Intensities.
Brickell CitiCentre SAP De/ignation. The City has designated the Property as
Brickell CitiCentre SAP on/the official zoning Atlas of the City, pursuant to the
applicable procedures in Miami 21. The Brickell CitiCentre Regulating Plan and
Design Guidelines are attached as Exhibit "C". In approving the Brickell
CitiCentre SAP, the City Iias determined that the uses, intensities and densities of
(a)
{M3063340;1 {
4
development permitted thereunder are consistent with the Comprehensive Plan
and the Existing Zoning.
(b) Density, Intensity, Uses and Building Heights.
(1) As of the Effective Date and pursuant to the Brickell CitiCentre SA'P, the
density proposed for the Property is approximately 150 units per 'ere, and
the intensity proposed for the Property is measured by an ab e-ground
Floor Lot Ratio of 14 (specifically? excluding underground i arking and
circulation).
(2) The non-residential development permitted on the Prope y includes, but is
not limited to, the following uses: office, hotel, r:'ail, entertainment,
medical office, academic space and any other .u:es permitted by the
Existing Zoning.
(3)
As of the Effective Date and pursuant to the Br' ' kell CitiCentre SAP, the
maximum height proposed for the Project is 6 3 feet, and the maximum
height proposed for the Pedestal is 129 feet hase I and IA) and 160 feet
(Phase II),
(4) Nothing herein shall prohibit Swire from requesting an increase in the
density or intensity of development 'eermitted on the Property, as long as
such increase in density or intensis consistent with the Comprehensive
Plan as it exists on the Effective D te.
(c) Environmental. The City finds that/the Project will confer a significant net
improvement upon the publicly acce able tree canopy in the area. The City and
Swire agree that Swire will compl with the intent and requirements -of Chapter
17 of the City Code by performin tree replacement within 1 mile of the Project,
with an emphasis on 7th Street, 71' Street and South Miami Avenue. City agrees
to facilitate the permitting and p1lanting of replacement trees on all publicly owned
property in this area.
(d) Archaeological. Because of the Project's location in a high probability
archaeological zone, the C' will require Swire to obtain a certificate to dig prior
to any ground disturbingactivities. However, in no case shall the City require
archaeological monitori g after soil/tree removal (ie, during excavation of the
limestone bedrock).
(e)
Signage. The Project location within the center of the City's Urban Core provide
an opportunity to iorporate signage, including the display of art or graphics
with of without conjmercial messages, in a fashion that will aesthetically enhance
the view corridors long the major County and state arterials bounding the Project
site.
(1) Geograpi ical area. Notwithstanding the definition of Geographical area
in Sec. 6 -602 of the City code and the boundaries depicted in the Mural
(M3063340;I 1 5
area described in Exhibit "A" to Mural ordinance (File ID 10-01249),
adopted on January 13, 2011, the City hereby authorizes the issuance of a
Mural Permit(s) authorizing the erection, placement, posting, paintin
display, maintenance, or hanging of Murals on a Wall located on 1tiie
Property designated as part of the Project SAP,
(2) Spacing between murals and number of murals permitted per Milding.
Murals located on Walls within the Project SAP shall not be bject to
spacing limitations set forth in Sec, 62-606(3) of the ity code.
Notwithstanding the language of Sec. 62-606(3), multiple my als may be
located on the same side of the building.
(3)
Mural size. Murals shall be allowed to cover up to eigh percent (80%)
of the Wall, or thirty-three percent (33%) of the Wall i the Mural covers
windows. Murals on the same Wall, either individual y or in aggregate,
shall not exceed:
a. Project West Block, West Elevation Pedestal — 0,000 sq. ft.
b. Project North Block, East Elevation Pedestal 10,500 sq. ft.
c. Project East Block, East Elevation Pedestal — 12,500 sq. ft.
d. Project East Block, South Elevation Pe eestal— 4,000 sq. ft.
e. Project West Block, South Elevation edestal — 4,000 sq. ft.
f. Project East Block, North Elevatio / Pedestal — 6,500 sq. ft.
g. Project West Block, North Ele7 ion Pedestal — 4,500 sq. ft.
Where a conflict exists between he Outdoor Advertising Zone Signage
Area dimensions specified on P/es A2.31, A2.32, A2.35, and A2,37 of
the Project SAP Regulating Plan,jthe maximum dimensions specified in
/
this subsection shall control.
Section 9. Connectivity and Activity within Public Right -of -Way.
(a) Connectivity. A critical elementLI
,o the success of the Project is above grade and
below grade connectivity betwegh blocks and through public rights -of -way. This
connectivity should be encou (aged both within the Project and between the
Project and Abutting property. This connectivity will result in ease of access,
minimized pedestrian and ve cular conflicts, and reduction of the Project's traffic
impacts by permitting inte alized traffic circulation. In order to activate the
above grade connections, wire proposes to locate commercial activity in this
area.
M3063340;I )
6
Swire recognizes that such connectivity and commercial usage may require
approval of other governmental agencies such as Miami -Dade County 9td the
Florida Department of Transportation. The City finds and determies that
establishing such connectivity and commercial usage serves a public py�kpose, and
City agrees to support Swire's efforts to obtain any authorization to efablish such
connectivity and commercial usage,
The City finds that the authorization of such uses within the p ,1SI right-of-way
will have no adverse effect(s) on the provision of natural ligh circulation of air,
or increase the adverse effects resulting from fire, floods, tornadoes, and
hurricanes. It is further found that the presence of such us s within the right-of-
way shall in no way diminish access for firefighting apparatus or rescue and
salvage operations; diminish traffic, transportation and irculation; or adversely
impact the advancement of the safety, health, amenity , nd general welfare within
the City.
Given the public benefits conferred upon the City y the above -grade and below -
grade connectivity between blocks and acros the public rights -of -way, the
provisions of Sec. 54-186 shall not apply withinjfhe Brickell CitiCentre SAP.
(b) Construction of encroachments within the P}fblic Right -of -Way. The City finds
that the proposed encroachment does not nduly restrict the use of the public
right-of-way and is a necessary essent}j4l element in the construction of the
pedestrian walkways above the public Fights -of -way and vehicular underpasses
below the same rights -of -way. The adoption of this Agreement shall serve to
satisfy the requirements set forth in Se6. 55-14(b) of the City Code.
Notwithstanding the requirements ,of Sec. 55-14(c) of the City Code, the City
agrees to waive any and all claims to payment of a user fee in connection with the
construction of the aforementioned encroachments into the public rights -of -way.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City
Code. In consideration for authorizing the construction of the aforementioned
encroachments, Swire further covenants to:
(1) Maintain the above -grade pedestrian walkways and belovi-grade vehicular
underpasses in accordance with the Florida Building Code and the City
Charter and Code. ,
(2) Provide an insurance policy, in an amount determined by the city's risk
manager, n fning the city as an additional insured for public liability and
property d image. The insurance shall remain in effect for as long as the
encroach f ent(s) exist in the right-of-way. Should Swire fail to continue
to provicthe insurance coverage, the City shall have the right to secure
similar 'insurance policy in its name and place a special assessment lien
agains/the owner's abutting private property for the total cost of the
premi}//m.
(M3063340;I } 7
(c)
(3)
Swire shall hold harmless and indemnify the City, its officials an
employees from any claims for damage or loss to property and inju to
persons of any nature whatsoever arising out of the use, construe� ion,
maintenance or removal of the pedestrian walkways and v9�lficular
underpasses and from and against any claims which may arise sbt of the
granting of permission for the encroachment or any activity ,erformed
under the terms of this Agreement.
Activity within the Public Right -of -Way. Notwithstanding th= limitations set
forth in Sec. 54-186 of the .City Code, the City shall pe it Food Service
Establishment(s) and/or General Commercial uses, as defined 'n Miami 21, in the
above -grade pedestrian walkways located within the ,public right-of-way,
following approval by SAP Warrant.
Section 10. Project Approval.
(a) Future Development Review. Future development ithin the Brickell CitiCentre
SAP shall proceed pursuant to the process establi hed in the Brickell CitiCentre
Regulating Plan and Design Guidelines, attached as Exhibit "C". The criteria to
be used in determining whether future dev lopment shall be approved is
consistency with the Comprehensive Plan, , is Agreement and the Brickell
CitiCentre SAP.
(b) Prohibition on Downzoning.
(c)
{M3063340;1 }
(1)
The Comprehensive Plan, this 4greement and the Brickell CitiCentre SAP
shall govern development gf the Property for the duration of the
Agreement. The City's laws and policies adopted after the Effective Date
may be applied to the Property only if the determinations required by
Section 163.3233(2), Flor)4a Statutes (2010) have been made after 30 days
written notice to Swire ayfd at a public hearing.
(2) Pursuant to Section 1 3.3233(3), Florida Statutes (2010), this prohibition
on downzoning sup)i ements, rather than supplants, any rights that may
vest to Swire under Florida or Federal law. As a result, Swire may
challenge any sjtbsequently adopted changes to land development
regulations bases} on (a) common law principles including, but not limited
to, equitable es bppel and vested rights, or (b) statutory rights which may
accrue by virtuof Chapter 70, Florida Statutes (2010).
/
Development of Re tonal Impact.
(1) City and ire agree that as of the Effective Date, sufficient capacity
remains u der the DDRI to accommodate the Project and that Swire has
reserved e capacity necessary to develop the Project.
(2) City a fees that any DRI development order which the City adopts after
the Ef ective Date and which applies to the Property will (i) be consistent
8
with this Agreement and the BrickellCitiCentre SAP, (ii) include a
Use/Intensity conversion table to allow for a reasonable level of flexibility
with respect to the mix and intensity of uses in order to respond to
changing market conditions.
Specialty Center Designation. Pursuant to Chapter 4 of the City Co
Section 11. Retail p ty gn ,
each block of the four block Brickell CitiCentre Property is designated as a retail spec' lty
center.
Section 12. Job Creation. Swire shall consult with local and/or state economic dev lopment
entities regarding job training and job placement services to city residents seeking e ployment
opportunities with potential employers which will locate or establish business withi he Project.
Section 13. Local Development Permits.
(a) The development of the Property in accordance with the 'xisting Zoning is
contemplated by Swire. The Project may require additional .errnits or approvals
from the City, County, State, or Federal government anany division thereof.
Subject to required legal process and approvals, the City hall make a good faith
effort to take all reasonable steps to cooperate wit and facilitate all such
approvals, including acting as an applicant. Such approvals include, without
limitation, the following approvals and permits ancj�any successor or analogous
approvals and permits:
(1) Subdivision plat and/or waiver of plat a.provals;
(2) Covenant or Unity of Title acceptan or the release of existing unities or
covenants;
(3)
(4)
(5)
(6)
(7)
Building permits;
Certificates of use and/or occ . ancy;
Stormwater Permits;
Development of Regional Impact approval, modification or exemption;
and
Any other official a tion of the City, County, or any other government
agency having the feet of permitting development of the Property.
(b) In the event that the Ci substantially modifies its land development regulations
regarding site plan app oval procedures, authority to approve any site plan for a
project on one of the $roperty shall be vested solely in the City Manager, with the
recommendation of t {e Planning Director. Any such site plan shall be approved if
it meets the require ents and criteria of the Existing Zoning, the Comprehensive
Plan and the term of this Agreement.
{M3063340;1)
9
Section 14. Consistency with Comprehensive Plan. The City finds that development of the
Property in confornity with the Existing Zoning is consistent with the Comprehensive Plan/As
of the Effective Date, Swire is conducting an extensive analysis of the Public Facilities ava�ilable
to serve the Project. In the event that the Existing Zoning and/or the Comprehens 4e Plan
require Swire to provide additional Public Facilities to accommodate the Project, wire will
provide such Public Facilities consistent with the timing requirements of Secti•163,3180,
Florida Statutes (2010). Swire shall be bound by the City impact fees andessments in
existence as of the Effective Date of this Agreement.
Section 15. Necessity of Complying with Local Regulations Rela fve to Development
Permits. Swire and the City agree that the failure of this Agreemen to address a particular
permit, condition, fee, term, license, or restriction in effect on the Effe ive Date shall not relieve
Swire of the necessity of complying with the regulation governing id permitting requirements,
conditions, fees, terms, licenses, or restrictions.
Section 16. Reservation of Development Rights.
(a) For the term of this Agreement, the City,1fereby agrees that it shall permit the
development of the Property in accor,- ante with the Existing Zoning, the
Comprehensive Plan and the Agreemen;
(b) Nothing herein shall prohibit ay�/ increase in the density or intensity of
development permitted on the foperty in a manner consistent with (a) the
Existing Zoning and/or the omprehensive Plan, (b) any zoning change
subsequently requested or i , tiated by Swire in accordance with applicable
provisions of law or (c) any oning change subsequently enacted by the City.
(c)
The expiration or termi dtion of this Agreement shall not be considered a waiver
of, or limitation upo (the rights, including, but not limited to, any claims of
vested rights or equi ble estoppel, obtained or held by Swire or its successors or
assigns to continu development of the Property in conformity with Existing
Zoning and all p or and subsequent development permits or development orders
granted by the ity.
Section 17. Brickell Trp ley. Swire acknowledges that the City is currently planning to
develop a trolley syste which may traverse or abut the Brickell CitiCentre District. Swire
agrees to cooperate wit City so that any portion of the trolley route which runs through, or
adjacent to, the Brie 11 CitiCentre District can be accommodated within the dedicated public
rights -of -way. Cit/agrees to evaluate whether at least one northbound and one southbound
trolley stop can be incorporated into the Brickell CitiCentre District.
Section 18. Ainnual Review,
(a) The City shall review the development that is subject to this Agreement once
every 12 months, commencing 12 months after the Effective Date. The City shall
begin the review process by giving notice to Swire, a minimum of 30 days prior to
the anniversary date of the Agreement, of its intention to undertake the annual
review of this Agreement.
{M3063340;I) 10
(b) Any information required of Swire during an annual review shall be limi,��d to
that necessary to determine the extent to which the Developer is proce9ding in
good faith to comply with the ternis of this Agreement.
(c) If the City finds on the basis of competent substantial evidence that wire has not
proceeded in good faith to comply with the teens of the Agreeme , the City may
terminate or amend this Agreement after providing 30 days ritten notice to
Swire and at a public hearing.
Section 19. Notices.
(a) All notices, demands and requests which may or are required to be given
hereunder shall, except as otherwise expressly . ovided, be in writing and
delivered by personal service or sent by Unite. States Registered or Certified
Mail, return receipt requested, postage prepaid, .r by overnight express delivery,
such as Federal Express, to the parties at the ddresses listed below. Any notice
given pursuant to this Agreement shall be deemed given when received. Any
actions required to be taken hereunder w , ch fall on Saturday, Sunday, or United
States legal holidays shall be deemed t, be performed timely when taken on the
succeeding day thereafter which shall of be a Saturday, Sunday or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American b'rive
Miami, FL 33133
With a copy to:
City Attorney
Miami Riv side Center
444 S.W. /nd Ave., 9th Floor
Miami33130
To Sire:
Stet ten Owens
5 ell Brickell Key Drive, Suite 600
iami, FL 33131
With copies to:
Akerman Senterfitt
Attn: Neisen Kasdin
1 SE 3'd Avenue, 25th Floor
Miami, FL 33131
(b) Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining parties pursuant to the terms and conditions
of this section.
•
{ M3063340;1
Section 20. Exclusive Venue, Choice of Law, Specific Performance, It is mutually
understood and agreed by the parties hereto, that this Agreement shall be governed by the laws
of the State of Florida, and any applicable federal law, both as to interpretation and performance,
and that any action at law, suit in equity or judicial proceedings for the enforcement of t1ji
Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or
federal courts and venue for any such actions shall lie exclusively in a court of conVetent
jurisdiction in the County. In addition to any other legal rights, the City and Swire s dll each
have the right to specific performance of this Agreement in court. Each party shall b r its own
attorney's fees. Each party waives any defense, whether asserted by motion or plea ng, that the
aforementioned courts are an improper or inconvenient venue. Moreover, the pai es consent to
the personal jurisdiction of the aforementioned courts and irrevocably waive grfy objections to
said jurisdiction. The parties irrevocably waive any rights to a jury trial.
Section 21. Voluntary Compliance. Swire and the City agree that in t event all or any part
of this Agreement is struck down by judicial proceeding or preempt by legislative action,
Swire and the City shall continue to honor the terms and conditions f this Agreement to the
extent allowed by law.
Section 22. No Oral Change or Termination, This Agr hment and the exhibits and
appendices appended hereto and incorporated herein by refer fice, if any, constitute the entire
Agreement between the parties with respect to the subject matter hereof. This Agreement
supersedes any prior agreements or understandings bet en the parties with respect to the
subject matter hereof, and no change, modification or di barge hereof in whole or in part shall
be effective unless such change, modification or disch fge is in writing and signed by the party
against whom enforcement of the change, modificati.lor discharge is sought. This Agreement
cannot be changed or terminated orally.
Section 23. Compliance with A..licable La . Subject to the terms and conditions of this
Agreement, throughout the Term of this A. eement, Swire and City shall comply with all
applicable federal, state or local laws, es, regulations, codes, ordinances, resolutions,
administrative orders, permits, policies an procedures and orders that govern or relate to the
respective Parties' obligations and perfofmance under this Agreement, all as they may be
amended from time to time.
Section 24. Re.resentations• Re. -sentatives. Each party represents to the others that this
Agreement has been duly authoriz d, delivered and executed by such party and constitutes the
legal, valid and binding obligatio of such party, enforceable in accordance with its terms.
Section 25. No Exclusive R; medics. No remedy or election given by any provision in this
Agreement shall be deemed xclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder pon a default of the other party shall be cumulative and in addition
to all other remedies at lay' or equity arising from such event of default, except where otherwise
expressly provided.
Section 26. Failurerto Exercise Rights not a'Waiver; Waiver Provisions. The failure by either
party to promptly exercise any right arising hereunder shall not constitute a waiver of such right
unless otherwise expressly provided herein. No waiver or breach of any provision of this
(M3063340;1 }
12
Agreement shall constitute a waiver of any subsequent breach of the same or any ot3fer provision
hereof, and no waiver shall be effective unless made in writing.
Section 27. Events of Default.
(a) A Developer Party shall be in default under this Agre fnent if any of the
following events occur and continue beyond the applic le grace period: a
Developer Party fails to perform or breaches any term, c venant, or condition of
this Agreement which is not cured within thirty (30) d s after receipt of written
notice from the City specifying the nature of such bre h; provided, however, that
if such breach cannot reasonably be cured wit ' thirty (30) days, then a
Developer Party shall not be in default if it comme ces to cure such breach within
said thirty (30) day period and diligently prosecu s such cure to completion.
(b) The City shall be in default under this Agree ent if the City fails to perform or
breaches any term, covenant, or condition this Agreement and such failure is
not cured within thirty (30) days after rec pt of written notice from a Developer
Party specifying the nature of such breac ; provided, however, that if such breach
cannot reasonably be cured within thir (30) days, the City shall not be in default
if it commences to cure such brea within said thirty (30) day period and
diligently prosecutes such cure to cq pletion.
(c)
It shall not be a default under t is Agreement if either party is declared bankrupt
by a court of competent jurisdi tion. All rights and obligations in this Agreement
shall survive such bankrupts of either party. The parties hereby forfeit any right
to terminate this Agreemen upon the bankruptcy of the other party.
(d) The default of any Dev Toper Party or successor or assignee of any portion of a
Developer Party's rig s hereunder shall not be deemed a breach by any other
Developer Party or a - y other successor or assignee of any portion of the rights of
a Developer Party reunder or any other successor or assignee.
Section 28. Remedies U.on Piefault.
(a) Neither party ay terminate this Agreement upon the default of the other party,
but shall hay = all of the remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the appli.able grace period, Swire and the City agree that any party may seek
specific performance of this Agreement, and that seeking specific performance
shall .t waive any right of such party to also seek monetary damages, injunctive
relief or any other relief other than termination of this Agreement. The City
hereby acknowledges that any claim for damages under this Agreement is not
1ir rted by sovereign immunity or similar limitation of liability.
Section 29. everability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
1M3063340;11
13
persons or circumstances other than those as to which it is held invalid or unen 6rceable shall not
be affected thereby and shall continue in full force and effect.
Section 30. Assignment and Transfer. This Agreement shall be
heirs, successors and assigns, including the successor to or assigne
Swire, at its sole discretion, may assign, in whole or in part, this A
and obligations hereunder, or may extend the benefits of this
Property Interest without the prior written consent or any other
assignee shall assume all applicable rights and obligations and
ding on Swire and its
of any Property Interest.
reement or any of its rights
•eement, to any holder of a
pproval of the City. Any such
r this Agreement.
Section 31. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the -vent of any lawful termination of this
Agreement, the following obligations shall survive s termination and continue in full force
and effect until the expiration of a one year term f• lowing the earlier of the effective date of
such termination or the expiration of the Term: i) the exclusive venue and choice of law
provisions contained herein; (ii) rights of any p• arising during or attributable to the period
prior to expiration or earlier termination of this greement, and (iii) any other term or provision
herein which expressly indicates either that it urvives the termination or expiration hereof or is
or may be applicable or effective beyond the xpiration or permitted early termination hereof.
Section 32. Lack of Agency Relation hip. Nothing contained herein shall be construed as
establishing an agency relationship b9(ween the City and Swire and neither Swire nor its
employees, agents, contractors, subs'diaries, divisions, affiliates or guests shall be deemed
agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and
the City, its contractors, agents, a d employees shall not be deemed contractors, agents, or
employees of Swire or its subsidiai es, divisions or affiliates.
Section 33. Cooperation; Ex edited Permitting and Time is of the Essence.
(a) The Parties a ee to cooperate with each other to the full extent practicable
pursuant to t - e terms and conditions of this Agreement. The Parties agree that
time is of tl} essence in all aspects of their respective and mutual responsibilities
pursuant tp this Agreement. The City shall use its best efforts to expedite the
permittin and approval process in an effort to assist Swire in achieving its
developent and construction milestones. The City will accommodate requests
from ire's general contractor and subcontractors for review of phased or
multiy1e permitting packages, such as those for excavation, site work and
foun , ations, building shell, core, and interiors. In addition, the City will
desi ate an individual within the City Manager's office who will have a primary
(th ugh not exclusive) duty to serve as the City's point of contact and liaison with
S ire in order to facilitate expediting the processing and issuance of all permit
a d license applications and approvals across all of the various departments and
frees of the City which have the authority or right to review and approve all
applications for such permits and licenses.
(b) Notwithstanding the foregoing, the . City shall not be obligated to issue
development permits to the extent a Developer Party does not comply with the
jM3063340;1 } 14
applicable requirements of the Existing Zoning, the Comp ehensive Plan, this
Agreement and applicable building codes.
Section 34. Enforcement,
(a) In the event that Swire, its successors and/or assi„ s fails to act in accordance
with the terms of the Existing Zoning, the City all seek enforcement of said
violation upon the subject Property.
(b) Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any cov nants set forth in this Agreement. The
prevailing party in any action or suit pe . fining to or arising out of this Agreement
shall be entitled to recover, in additio o costs and disbursements allowed by law,
such sum as the Court may adjudge )• be reasonable for the services of this/her/its
attorney;
(c).
This enforcement provision sh1 be in addition to any other remedies available at
law, in equity or both.
Section 35. Amendment or Terminatj6n by Mutual Consent. This Agreement may not be
amended or terminated during its term Except by mutual agreement of Swire and the City. Prior
to any amendment or termination of'this Agreement during its term, the City shall hold two
public hearings to consider and deli) crate such amendment or termination.
Section 36. Third Party Defense. City and Swire shall each, at their own cost and expense,
vigorously defend any claims, pilits or demands brought against them by third parties challenging
the Agreement or the Project/or objecting to any aspect thereof, including, without limitation, (i)
a consistency challenge purduant to Section 163,3215, Florida Statutes (2010), (ii) a petition for
writ of certiorari, (iv) anction for declaratory judgment, or (iv) any claims for loss, damage,
liability, or expense (including reasonable attorneys' fees). City and Swire shall promptly give'
the other written notice any such action, including those that are pending or threatened, and all
responses, filings, an pleadings with respect thereto.
Section 37. No an
of Interest. Swire agrees to comply with Section 2-612 of the City
Code as of the E ,`ective Date, with respect to conflicts of interest.
Section 38. o Third -Party Beneficiary. No persons or entities other than Swire and the City,
their heirs, permitted successors and assigns, shall have any rights whatsoever under this
Agreement
Section 9. Counterparts. This Agreement may be executed in two or more counterparts,
each o which shall constitute an original but all of which, when taken together, shall constitute
one a d the same agreement.
NOW, WHEREOF, the City and Swire have caused this Agreement to be duly executed.
[Signature blocks for City and Swire]
{M3063340;1 } 15
SWIRE PROPERTIES, INC, a Florida for profit corporation
BY:
Name:
Title:
{M3063340;1 }
16
CITY OF MIAMI, FLORIDA
BY:
Name:
Title:
1M3063340;1 }
17
{M3063340; I }
Exhibit "A"
Legal Descriptions of the Property
f
1
I8
{M3063340;1 }
Exhibit "B"
Conceptual Site Pla
19
1 M3063340;1
Exhibit "C"
Brickell CitiCentre Regulating Plan and Design idelines
20
Exhibit "D"
Tree Preservation and Mitigation Plan
{M3063340;I j 21