HomeMy WebLinkAboutLegis., Developmt Agt & ExhibitsCity of Miami
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Ordinance
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Drive
Miami, FL 33133
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File Number: 11-01196da
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET
SPECIAL AREA PLAN (SAP)" APPLICANT ENTITIES AS DESCRIBED IN EXHIBIT
"A" AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF
CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08
ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP",
COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY
NORTHEAST 43RD STREET AND NORTHEAST 42ND STREET TO THE NORTH,
NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST,
NORTHEAST 38TH STREET TO THE SOUTH, AND NORTHEAST MIAMI COURT
AND NORTH MIAMI AVENUE TO THE WEST, AS DESCRIBED IN EXHIBIT "A",
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, PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE
"MIAMI DESIGN DISTRICT RETAIL STREET SAP", AND PERMITTED BY THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP
DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING
ORDINANCE DESIGNATION; AUTHORIZING THE 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.
WHEREAS, the "Miami Design District Retail Street Special Area Plan (SAP)" consists of
approximately 19.08 acres of selected parcels; as described in Exhibit "A", qualifying as a Special Area
Plan ("SAP") pursuant to Article 3, Section 3.9 of the Miami 21 Code, ("Zoning Ordinance"),
WHEREAS, pursuant to Section 3.9.1.f. of Miami 21, development within a Special Area Plan
shall be pursuant to a recorded development agreement; and
WHEREAS, the aforementioned location for the proposed SAP currently contains disperse
underutilized buildings and vacant lots. The entire development will consist of approximately
1,109,488 square feet of floor area split among 51 parcels: A) Approximately 951,718 square feet of
existing and proposed commercial space; B) Approximately 96 residential units; C) 53 hotel units; D)
Approximately 2,571 above ground and below grade parking spaces; E) Approximately 35,191 square
feet of open space; and F) Approximately 41,735 square feet of civic space within and in alternate
locations in close proximity to SAP area; and
WHEREAS, the proposed SAP will facilitate the redevelopment and benefit the area by
creating residential units, hotel rooms, commercial uses, as well as civic and open space for the
City of Mianti Page 1 of 3 File Id: 11-01196da (Version: 1) Printed On: 6/15/2012
File Number. 11-01196da
enjoyment of the general public, and
WHEREAS, the SAP will integrate public improvements and infrastructure while providing
greater flexibility resulting in higher or specialized quality building and streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City, in general, and specifically, the Miami Design District area; and
WHEREAS, the SAP will create certain recurring and nonrecurring financial benefits as well as
temporary and permanent jobs; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The Development Agreement, pursuant to Chapter 163 of the Florida Statutes,
between "Miami Design District Retail Street SAP" applicant entities as described in Exhibit "A" and
the City of Miami, relating to development of the approximately 19.08 acres "Miami Design District
Retail Street SAP" site, is hereby approved.
Section 3. The Development Agreement is applicable only to selected parcels, bound
approximately by Northeast 43rd Street and Northeast 42nd Street to the north, North Federal
Highway and Biscayne Boulevard to the east, Northeast 38th Street to the south, and by Northeast
Miami Court and North Miami Avenue to the west, as described in Exhibit "A", subject to the
development parameters set forth therein.
Section 4. The City Manager is authorized {1} to execute the Development Agreement, in
substantially the attached form, for said purpose.
Section 5. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRUT'
CITY ATTORNEY
Footnotes:
City of Miami
Page 2 of 3 File Id: 11-01196da (Version: 1) Printed On: 6/15/2012
File Number: 11-01196da
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten
days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 11-01196da (Version: 1) Printed On: 6/15/2012
DEVELOPMENT AGREEMENT BETWEEN CITY OF
MIAMI, FLORIDA AND FLAGLER HOLDING GROUP,
INC., MONTE CARLO ASSOCIATES (DEL.) LLC,
ELECTRA DESIGN (DEL.) LLC, DACRA DESIGNMIAMI
(DEL.) LLC, MIAMI AVENUE (DEL.) LLC, MCCRORY
DESIGN ASSOCIATES (DEL.) LLC, 39TH STREET (DEL.)
LLC, HALF -CIRCLE PROPERTY (DEL.) LLC,
NORWEGIAN WOODS ACQUISITIONS, LLC, LADY JANE
ACQUISITIONS, LLC, CUMBERLAND ACQUISITIONS
LLC, HALE DANIEL DESIGN LLC, OAK PLAZA
ASSOCIATES (DEL.) LLC, DACRA DESIGN ASSOCIATES
(DEL.) LLC, BEN NEWTOWN, LLC, SWEET VIRGINIA
ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS,
LLC, 40 DISTRICT LLC, MOSAIC (DEL.) LLC, DACRA
DESIGN MOORE (DEL.) LLC, PALMER DESIGN (DEL.)
LLC, SCARLETT BEGONIA HOLDINGS LLC, FCAA, LLC,
MID -I LEE, LLC, DACRA DESIGN 4141 LLC, MDDA
GARAGE, LLC, ROCKY RACCOON ACQUISITIONS
(DEL.) LLC, REGARDING APPROVAL OF THE MIAMI
DESIGN DISTRICT RETAIL STREET SPECIAL AREA
PLAN AND RELATED DEVELOPMENT.
THIS AGREEMENT is entered this day of , 2012, by and between,
Florida Holding Group, Inc., a Florida profit corporation, Monte Carlo Associates (Del.) LLC,
Electra Design (Del.) LLC, Rothman Design LLC, Dacra Design Miami (Del.) LLC, Miami
Avenue (Del.) LLC, McCrory Design Associates (Del.) LLC, 39' Street (Del.) LLC, Half -Circle
Property (Del.) LLC, Norwegian Wood Acquisitions, LLC, Lady Jane Acquisitions, LLC,
Cumberland Acquisitions, LLC, Hale Daniel Design, LLC, Oak Plaza Associates (Del.) LLC,
Dacra Design Associates (Del.) LLC, Ben Newton, LLC, Sweet Virginia Acquisitions, LLC, 40
District, LLC, Mosaic (Del.) LLC, Dacra Design Moore (Del.) LLC, Palmer Design (Del.) LLC,
Scarlet Begonia Holdings, LLC, FCAA, LLC, MID -I Lee, LLC, Dacra Design 4141 LLC,
MDDA Garage, LLC, Rocky Raccoon Acquisitions (Del.) LLC, Delaware limited liability
companies (collectively, the "Developer Parties"), and the CITY OF MIAMI, FLORIDA, a
municipal corporation and a political subdivision of the State of Florida ("City") (Developer and
the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, the Miami Design District (the "District") spans portions of twelve (12) city
blocks containing all the properties generally bounded on the east by Biscayne Boulevard; south
by NE 36th Street; west by North Miami Avenue; and north by NE 40th Street or properties
generally located within the area boundaries of the Miami Design District area ("SD-8") as
previously designated under Ordinance 11000; and serviced by three (3) Miami -Dade Transit
routes; and
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WHEREAS, the District has recently become an internationally recognized center for
furniture design and a burgeoning home for the arts, high fashion, restaurants, and center for
employment; and
WHEREAS, the emerging status of the District is consistent with the City's vision to
develop a world class destination for the arts, fashion, and design, and the City wishes to
encourage redevelopment within the District; and
WHEREAS, the Developer Parties hold fee simple title to approximately 19.08 acres of
property within the District; and
WHEREAS, the Lots which comprise the Miami Design District Retail Street Special
Area Plan properties are those identified on page A1.4 and A1.5 of the Miami Design District
Retail Street Special Area Plan Design Concept Book (hereinafter, the "SAP Property", "SAP
Properties", or "SAP Area") (legal descriptions of which are attached as Exhibit "A"); and
WHEREAS, a subset of the Developer Parties wish to redevelop some of the SAP
Properties as a mixed -use, pedestrian oriented, urban retail street anchored by high -end fashion
brands heretofore unavailable within the City (the "Retail Street Project"); and
WHEREAS, the City and Developer Parties wish for development of the SAP Properties
to proceed in a manner which is consistent with the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan") and the land development regulations; and
WHEREAS, the properties within the SAP Area carry Future Land Use Map
designations of Duplex Residential, Medium Density Restricted Commercial, Restricted
Commercial, and General Commercial in the Comprehensive Plan; and
WHEREAS, the City and Developer Parties wish to amend the Future Land Use Map
designations within the Comprehensive Plan for selected properties within the Retail Street
Project from Duplex Residential and Medium Density Multifamily Residential to Medium
Density Restricted Commercial in order to facilitate redevelopment within the District; and
WHEREAS, a process exists within the Miami 21 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; and
WHEREAS, the result of this master planning process is known as a "Special Area Plan"
("SAP"); and
WHEREAS, Sec. 3.9.1. f. of Miami 21 requires development within an SAP to occur
pursuant to a Development Agreement between the property owner(s) and the City; and
WHEREAS, the City and Developer Parties wish to rezone some of the SAP Properties
from T3-L, T3-O, T4-L, T4-O, T5-O, T6-12 L to Miami Design District Retail Street SAP, with
modifications to the underlying Transect designations to T4-O, T5-O, T6-8-O, and T6-12-0 in
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order to facilitate redevelopment within the SAP Area and effectuate the Retail Street Project;
and
WHEREAS, this Development Agreement ("Agreement") satisfies the requirement set
forth in Sec. 3.9 of Miami 21; and
WHEREAS, the City and Developer Parties wish for development within the District to
proceed substantially in accordance with the Miami Design District Retail Street SAP Regulating
Plan and Concept Book attached as Exhibit "B" ("Regulating Plan and Concept Book "); and
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; and
WHEREAS, assurance to Developer Parties that they 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; and
WHEREAS, the City Commission pursuant to Ordinance No. 12- , adopted
July 26, 2012 has authorized the City Manager to execute this Agreement upon the terms and
conditions as set forth below, and the Developer Parties have been duly authorized 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.
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;
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(e) The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or Developer, 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 Developer.
"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 (2011), meeting the requirements of Section 163.3177, Florida
Statutes (2011), Section 163.3178, Florida Statutes (2011) and Section
163.3221(2), Florida Statutes (2011), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Developer Parties" means the property owners who are signatories to this
Agreement.
"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 (2011).
"Effective Date" is the date of recordation of the executed, original version of
this Agreement.
"Existing Zoning" is (a) Miami 21 Code, April 2012, specifically including the
Miami Design District Retail Street SAP Regulating Plan, and related
modifications to the Transect designations of lots within the SAP Area, and (b)
the provisions of the Charter and City of Miami Code of Ordinances ("Code")
which regulate development, specifically including Chapters 10, 13, 22, 22.5, 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 SAP Area as of the Effective Date.
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"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.
"Retail Developer Party" consists of the parties identified in Exhibit "C", who
are signatories to the Agreement and will be undertaking the development of the
Retail Street Project.
"Retail Street Project" means that proposed development within the Design
District SAP slated to occur on properties within the SAP area and denoted as
properties 2, 3, 4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 26, 27, 35, 36, 37,
38, 42, 43, 44, and 45 on sheet A1.5 of the Miami Design District Retail Street
Concept Document.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize Developer
Parties to redevelop the SAP Properties pursuant to the Miami Design District Retail Street SAP.
This Agreement will establish, as of the Effective Date, the land development regulations which
will govern the development of the SAP Properties, thereby providing the Parties with additional
certainty during the development process. This Agreement satisfies the requirements of Section
3.9.1.f., Miami 21.
Section 5. Intent. Developer Parties and the City intend for this Agreement to be construed
and implemented so as to effectuate the purpose of the Miami Design District Retail Street SAP,
this Development Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local
Government Development Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2011).
Section 6. Applicability. This Agreement only applies to the SAP Properties identified in
Exhibit "A."
Section 7. Term 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 s. 163.3225,
Florida Statutes (2011). 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.
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(a) Miami Design District Retail Street SAP Designation. The City has designated
certain properties as the Miami Design District Retail Street SAP on the official
zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The
Regulating Plan and Concept Book are attached as Exhibit "B". In approving the
Miami Design District Retail Street 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.
(b) Density, Intensity, Uses and Building Heights.
(1) As of the Effective Date and pursuant to the Miami Design District Retail
Street SAP, the density and intensity proposed for the SAP shall be
consistent with the densities and intensities permitted by the Existing
Zoning.
(2) The non-residential development permitted on the SAP Properties
includes, but is not limited to, the following uses: office, hotel, retail,
entertainment, educational, and any other uses permitted by the Existing
Zoning.
(3)
Nothing herein shall prohibit the Developer Parties from requesting a
change of zoning, pursuant to Article 7 of Miami 21, to increase the
density or intensity of development permitted by the underlying Transect
designation of that certain property forming part of the Miami Design
District Retail Street SAP by amending the SAP and this Agreement.
(4) In the event the City should amend its Comprehensive Plan to permit the
transfer of densities within a specified area so as to permit densities in
excess of the density limits set forth in a particular Future Land Use Map
category, nothing herein shall prohibit the Developer Parties from
requesting such density transfers within the Miami Design District Retail
Street SAP.
(c) Environmental. The City finds that the proposed development will confer a
significant net improvement upon the publicly accessible tree canopy in the area.
The City and Developer Parties agree that Developer Parties will comply with the
intent and requirements of Chapter 17 of the City Code by performing tree
replacement within the SAP Area where possible. Where replacement within the
SAP Area is not possible, the Developer Parties shall perform tree replacement
within the District. Where replacement within the District is not possible, the
Developer Parties shall perform the required tree replacement within one (1) mile
of the District or within any City park, subject to approval by the City. Particular
emphasis shall be paid to replacement along gateway corridors within and
surrounding the District, specifically N. Miami Avenue, N.E. 2°a Avenue, NE 36th
Street, NE 1st Avenue, and Biscayne Boulevard. The City further agrees to
facilitate the permitting and planting of replacement trees on all publicly owned
property within the area and within City parks.
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Section 9. Connectivity and Activity within Public Right -of -Way.
(a) Connectivity. A critical element to the success of the Retail Street Project is the
below -grade connectivity underneath the public right-of-way along N.E. 41st
Street. The proposed below -grade connection will facilitate ease of access,
minimize pedestrian and vehicular conflicts, and reduce the Retail Street Project's
traffic impacts by permitting for internalized traffic circulation.
The Retail Developer Party recognizes that such connectivity and commercial
usage may require approval of other governmental agencies such as Miami -Dade
County. The City finds and determines that establishing such connectivity below
N.E. 41st Street serves a public purpose, and further agrees to support the Retail
Developer Party's efforts to obtain any authorization to establish such proposed
below -grade connection.
The City further finds that the authorization of such a connection below the public
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, and general welfare
within the City.
Given the public benefits conferred upon the City by the below -grade connection
beneath N.E. 41st Street and across the public right-of-way, the provisions of Sec.
54-186 shall not apply to the Miami Design District Retail Street SAP.
(b) Construction of encroachments within the Public Right -of -Way. The City finds
that the encroachments proposed by the Retail Developer Party do not unduly
restrict the use of the public right-of-way and are a necessary essential element in
the construction of the vehicular underpass 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 within 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, the Retail Developer Party further covenants to:
(1) Maintain the 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 within the right-of-way. Should the Retail
(3)
Developer Party fail to continuously 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.
The Retail Developer Party 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 vehicular underpass 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.
Section 10. Public Facilities. As of the Effective Date, the Developer Parties shall conduct an
extensive analysis of the Public Facilities available to serve the SAP Area and the Retail Street
Project. In the event that the Existing Zoning and/or the Comprehensive Plan require the
Developer Parties or the Retail Developer Party to provide Public Facilities to address any
deficiencies in required levels of service occasioned by future development within the SAP Area
or as a result of the development of the Retail Street Project, the Developer Parties or the Retail
Developer Party, as appropriate, shall provide such Public Facilities consistent with the timing
requirements of s. 163.3180(2)(a), (b) and (c), Florida Statutes (2011), or as otherwise required
by Chapter 13 of the City Code, as amended from time to time, if applicable. The Developer
Parties shall be bound by the City impact fees and assessments in existence as of the Effective
Date of this Agreement.
Section 11. Project Approval.
(a) Future Development Review. Future development within the Miami Design
District Retail Street SAP shall proceed pursuant to the process established in the
Regulating Plan and Concept Document, attached as Exhibit "B". The criteria to
be used in determining whether future development shall be approved is
consistency with the Comprehensive Plan, this Agreement and the Miami Design
District Retail Street SAP.
(b) Prohibition on Downzoning.
(1) The Comprehensive Plan, the Existing Zoning, this Agreement and the
Miami Design District Retail Street SAP shall govern the development of
the certain SAP Properties designated part of the SAP and of the Retail
Street Project for the duration of the Agreement. The City's laws and
policies adopted after the Effective Date may be applied to the SAP only if
the determinations required by s. 163.3233(2), Florida Statutes (2011)
have been made after 30 days written notice to the Developer and at a
public hearing or as otherwise provided herein.
(2) Pursuant to s. 163.3233(3), Florida Statutes (2011), this prohibition on
downzoning supplements, rather than supplants, any rights that may vest
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to Developer Parties under Florida or Federal law. As a result, Developer
Parties 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 (2011).
Section 12. Alcoholic Beverage Sales. The SAP Properties are located within the SD-8 as
designated under prior Ordinance 11000. Any establishments located therein shall be entitled to
the benefits afforded by Chapter 4 of the City Code. Notwithstanding the requirements of Sec.
4-3.2 of the City Code, PZAB and city commission approval shall not be required for bars
(including taverns, pubs, and lounges), nightclubs, supper clubs as principal uses proposed to be
located on the SAP Properties. Said establishments shall be authorized pursuant to the issuance
of a Warrant. The Planning & Zoning Director shall consider the criteria set forth in Sec. 4-3.2
of the City Code when evaluating such Warrant applications.
Section 13. Valet Parking. The Developer Parties intend to establish a uniform valet system
to service the SAP Properties and the District generally. Notwithstanding the limitations set
forth in Sec. 35-305, a maximum of two (2) valet permits may be issued for the operation of a
valet parking ramp on the same side of the block where the permit applicant is the operator of the
uniform valet system.
Section 14. Temporary/Special Events. To the extent governed by the laws and regulations of
the City of Miami, the City Commission hereby finds and agrees that the following special
events constitute ancillary uses of the Retail Street Project: event banners, farmers' markets,
grand openings, holiday sales, outdoor sales, ground breakings, and neighborhood sales events.
For events impacting the public -right-of-way, the Retail Developer Parties, or their designee,
shall submit an application for review to the City Neighborhood Enhancement Team (NET)
office servicing the District no less than five (5) working days prior to the date of any such event.
The City agrees to complete its review within three (3) working days of the submittal of the
required application to ensure coordination of needed City services and avoid the possibility of
adverse impacts due to multiple events occurring within the immediate and surrounding area.
The City Commission further finds that the above -listed activities the Retail Street
Project will not:
(i)
substantially interrupt the safe and orderly movement of other traffic contiguous
to the special event;
(ii) substantially diminish routine police service levels to the entire community;
(iii) unduly interfere with the proper fire and police protection or ambulance service to
areas contiguous to the special event as a result of the concentration of persons
and vehicles;
(iv) interfere with the movement of firefighting apparatus en route to an emergency
call; and
(v) present an unreasonable danger to the health and safety of the public.
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Notwithstanding the requirements of Secs. 54-6.3, 62-521, and 62-522, the above -stated
activities shall not require the issuance of a City permit.
Section 15. Public Benefits.
(a) Job Creation & Employment Opportunities. Generally, the Developer Parties
shall consult with local and/or state economic development entities regarding job
training and job placement services to area city residents seeking employment
opportunities with potential employers which will locate or establish business
within the SAP Area.
(1) Construction Employment. The Developer Parties shall work with the
City's Miami Works Initiative to identify both skilled and unskilled
laborers seeking employment opportunities within the construction
industry.
(2) Hospitality, Restaurant & Retail Employment. The Developer Parties
anticipate that a significant number of employment opportunities in the
hospitality, culinary, and retail sectors will be generated within the SAP
Area. The Developer Parties shall use best efforts to work with the Miami
Dade College, through its hospitality, culinary and retail institutes, or with
similar institutions in consultation with the City to place qualified program
graduates in employment opportunities within the SAP Area.
(b) Park/Open Space Enhancements. As consideration for certain reductions to
standards set forth in the City's land development regulations, the Developer
Parties agree to undertake certain improvements:
(1) Woodson Mini -Park: The City owns and operates an existing mini -park,
located at approximately 699 NE 36th Street (Folio No. 01-3219-000-
0010), consisting of a parcel of land approximately 6,811 sq. ft. in size and
related improvements thereon. In consultation with City Planning staff
and subject to their approval, and that of any other City Departments, the
Developer Parties hereby agree to design and construct the proposed
improvements to the park at their sole cost and expense.
(2) Park/Open Space Acquisition: The Developer Parties shall use best efforts
to acquire a parcel of land of not less than 3,500 sq. ft. in size for
park/open space within the SAP Area, the District, or within the
immediate vicinity of the District. The Developer Parties shall complete
such acquisition within three (3) years of the Effective Date of this
Agreement. If such acquisition is not consummated within the time period
specified, the Developer Parties shall be required to make a contribution to
the City's Public Parks and Open Space Trust Fund in an amount equal to
the required cash contribution contemplated under Sec. 3.14.4.b.3 of
Miami 21 for not less than 20,1 l4sq. ft. of Open Space.
10
(c)
Street ROW Improvements. In order to foster a uniform esthetics, the
Developer Parties or Retail Developer Parties agree that any ROW improvements
shall include the entire length of the block even when SAP Properties only
makeup a portion of the block. Developer Parties and Retail Developer Parties
agree to construct and maintain, at their sole cost and expense, any non-standard
improvements to ROW as described herein.
Section 16. Local Development Permits.
(a) The development of the SAP Property in accordance with the Existing Zoning is
contemplated by Developer Parties. Redevelopment of the SAP Property 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. 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)
(4)
(5)
(6)
(7)
Building permits;
Certificates of use and/or occupancy;
Stormwater Permits;
Development of Regional Impact approval, modification or exemption;
and
Any other official action of the City, County, or any other government
agency having the effect of permitting development of the SAP 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
project on the SAP Properties 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 17. Necessity of Complying with Local Regulations Relative to Development
Permits. The Developer Parties 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
11
not relieve the Developer Parties of the necessity of complying with the regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restrictions.
Section 18. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the SAP 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 in the SAP Area in a manner consistent with (a) the
Existing Zoning and/or the Comprehensive Plan, (b) any zoning change
subsequently requested or initiated by Developer Parties 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 Developer Parties or its
successors or assigns to continue development of the SAP Property in conformity
with Existing Zoning and all active prior and subsequent development permits or
development orders granted by the City.
Section 19. 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, through the
expiration or termination of this Agreement, or approved development right listed
on pg. A1-9 of the Concept Book, whichever occurs first. The City shall begin
the review process by giving notice to Developer Parties, 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 Developer Parties during an annual review shall be
limited to that necessary to determine the extent to which the Developer Parties 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 the Developer
Parties have 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 Developer and after conducting a public hearing.
Section 20. 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,
12
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:
With a copy to:
To Developer Parties:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
City Attorney
City of Miami
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Planning & Zoning Director
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
39th St. (Del.) LLC
40 District LLC
Ben Newton LLC
Cumberland Acquisitions, LLC
Dacra Design 4141 LLC
Dacra Design Associates (Del.) LLC
Dacra DesignMiami (Del.) LLC
Dacra Design Moore (Del.) LLC
Electra Design (Del.) LLC
FCAA, LLC
Hale Daniel Design (Del.) LLC
Half Circle Property (Del.) LLC
Lady Jane Acquisitions, LLC
Lovely Rita Acquisitions, LLC
McCrory Design Associates (Del.) LLC
McCrory Design Buick (Del.) LLC
Miami Avenue (Del.) LLC
MID -I Lee, LLC
Monte Carlo Associates (Del.) LLC
Mosaic (Del.) LLC
Norwegian Wood Acquisitions, LLC
Oak Plaza Associates (Del.) LLC
13
With copies to:
Palmer Design (Del.) LLC
Rothman Design LLC
Scarlet Begonia Holdings, LLC
Sweet Virginia Acquisitions LLC
Attn: Craig Robins
3841 NE 2nd Avenue, Ste. 400
Miami, FL 33137
Flagler Holding Group, Inc.
Attn: John Petersen
4218 NE 2nd Avenue, 2nd Floor
Miami, FL 33137
Akerman Senterfitt
Attn: Neisen O. Kasdin, Esq.
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 21. 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 Developer Parties
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 22. Voluntary Compliance. Developer Parties 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, Developer Parties and the City shall continue to honor the terms and conditions of this
Agreement to the extent allowed by law.
Section 23. 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
14
against whom enforcement of the change, modification or discharge is sought. This Agreement
cannot be changed or terminated orally.
Section 24. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, Developer Parties 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 25. 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.
Section 26. 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 27. 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 28. Events of Default.
(a) Developer Parties shall be in default under this Agreement if Developer Parties
fails to perform or breaches any term(s), covenant(s), or condition(s) of this
Agreement which is not cured within 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 30 days, then Developer shall not be in
default if it commences to cure such breach within 30-days 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 30 days after receipt of written notice from the Developer Parties
specifying the nature of such breach; provided, however, that if such breach
cannot reasonably be cured within 30 days, the City shall not be in default if it
commences to cure such breach within 30-days and diligently prosecutes such
cure to completion.
(c) 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.
15
(d) The default of a successor or assignee of any portion of Developer Parties' rights
hereunder shall not be deemed a breach by Developer Parties.
Section 29. 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, Developer Parties and the City agree that any party
may seek specific performance of this Agreement, and that seeking specific
performance shall not waive any right of such party to also seek monetary
damages, injunctive relief, or any other relief other than termination of this
Agreement. The City hereby acknowledges that any claim for damages under this
Agreement is not limited by sovereign immunity or similar limitation of liability.
Section 30. 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 31. Assignment, Transfer, & Joinder.
(a) This Agreement shall be binding on the Developer Parties and its heirs,
successors and assigns, including the successor to or assignee of any Property
Interest. The Developer Parties, 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. Notice of any assignment
or transfer shall be provided to the City as provided in Section 20. Any such
assignee shall assume all applicable rights and obligations under this Agreement.
(b) Additional parties, whether affiliates or assignees of the Developer Parties or an
unrelated third -party, may be added to this Agreement if the party added holds a
Property Interest in the Miami Design District, as defined in prior Zoning
Ordinance 11000, more particularly SD-8. Any unrelated third -party desiring to
join the SAP must satisfy the Open Space, Civic Space, and parking requirements
required under the Miami 21 Code independent of the Open Space, Civic Space,
and parking provided by the Developer Parties within the SAP Area. Said parties
may be added to this Agreement through the execution of a joinder form in the
form attached as Exhibit "D", which form shall be recorded in the public records
of Miami -Dade County. Such party shall be a Developer Party, and such joinder
form shall be acknowledged under this Agreement. Any rights conferred
hereunder to an additional party are subject to City Commission action approving
a zoning atlas amendment designating the joined property a part of the Miami
16
Design District Retail Street SAP in compliance with any and all applicable laws
governing notice of such action.
Section 32. 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 permitted early termination hereof.
Section 33. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and Developer Parties and neither
Developer Parties nor its employees, agents, contractors, subsidiaries, divisions, affiliates or
guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any
purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed
contractors, agents, or employees of Developer Parties or their subsidiaries, divisions or
affiliates.
Section 34. 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 Developer Parties in
achieving its development and construction milestones. The City will
accommodate requests from Developer Parties' 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 Developer Parties 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 Developer does not comply with the
applicable requirements of the Existing Zoning, the Comprehensive Plan, this
Agreement and applicable building codes.
Section 35. Enforcement.
17
(a) In the event that Developer Parties, their successors and/or assigns fail 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 36. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of Developer Parties 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 37. Third Party Defense. City and Developer Parties 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 (2011), (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 Developer
Parties 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 38. No Conflict of Interest. Developer Parties agree to comply with Section 2-612 of
the City Code as of the Effective Date, with respect to conflicts of interest.
Section 39. No Third -Party Beneficiary. No persons or entities other than Developer Parties
and the City, their heirs, permitted successors and assigns, shall have any rights whatsoever
under this Agreement.
Section 40. 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.
NOW, WHEREOF, the City and Developer Parties have caused this Agreement to be
duly executed.
[Signature blocks for City and Developer Parties]
18
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
39th St. (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by as of 39' St. (Del.) LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
19
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
40 District LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of 40 District LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
20
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Ben Newton LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Ben Newton LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
21
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Cumberland Acquisitions, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Cumberland Acquisitions, LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
22
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Dacra Design 4141 LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Dacra Design 4141 LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
23
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Dacra Design Associates (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Dacra Design Associates (Del.)
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
24
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Dacra DesignMiami (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Dacra DesignMiami (Del.) LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
25
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Dacra Design Moore (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Dacra Design Moore (Del.) LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
26
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Electra Design (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Electra Design (Del.) LLC, who
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
27
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
FCAA, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of FCAA, LLC, who is personally
known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
28
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Hale Daniel Design (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
)
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Hale Daniel Design (Del.) LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
29
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Half Circle Property (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Half Circle Property (Del.) LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
30
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Lady Jane Acquisitions, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Lady Jane Acquisitions, LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
31
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Lovely Rita Acquisitions, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Lovely Rita Acquisitions, LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
32
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
McCrory Design Associates (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of McCrory Design Associates
(Del.) LLC, who is personally known to me or who produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
33
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
McCrory Design Buick (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of McCrory Design Buick (Del.)
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
34
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Miami Avenue (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Miami Avenue (Del.) LLC, who
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
35
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
MID -I Lee, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
)
The foregoing instrument was acknowledged before me this day of
2012, by , as of MID -I Lee, LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
36
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Monte Carlo Associates (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Monte Carlo Associates (Del.)
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
37
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Mosaic (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Mosaic (Del.) LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
38
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Norwegian Wood Acquisitions, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Norwegian Wood Acquisitions,
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
39
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Oak Plaza Associates (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Oak Plaza Associates (Del.)
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
40
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Palmer Design (Del.) LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Palmer Design (Del.) LLC, who
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
41
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Rothman Design LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Rothman Design LLC, who is
personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
42
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Scarlet Begonia Holdings, LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2012, by , as of Scarlett Begonia Holdings, LLC,
who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
43
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Sweet Virginia Acquisitions LLC
a Delaware limited liability company
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
)
The foregoing instrument was acknowledged before me this day of
2012, by , as
of Sweet Virginia Acquisitions
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
44
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Flagler Holding Group, Inc.
a Florida for -profit corporation
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2012, by , as of Flagler Holding Group, Inc., who
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
45
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE )
CITY OF MIAMI, a municipal corporation
located within the State of Florida
By:
Johnny Martinez
City Manager
The foregoing instrument was acknowledged before me this day of
2012, by Johnny Martinez, in his capacity as City Manager, on behalf of the municipal
corporation, who is personally known to me or who produced
identification.
My commission expires:
as
NOTARY PUBLIC, State of Florida at -Large
Print Name:
46
Exhibit "A"
Legal Descriptions of the Property
47
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #1: La Verne
SUBJECT PROPERTY STREET ADDRESS(ES): 90 NE 39th St (Folio No. 01-3124-029-0130)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #2: Elecktra
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 1, 2 and 3, Block 2, of BILTMORE COURT, according
to the Plat thereof, as recorded in Plat Book 7, at Page 37, of
the Public Records of Miami -Dade County, Florida.
3801 NE lst Avenue (Folio No. 01-3124-033-0120 & 01-
3124-033-0100)
100 NE 39th Street (Folio No. 01-3124-030-0210)
105 NE 38th Street (Folio No. 01-3124-033-0110)
Lots 21 and 22, LESS the West 13 feet of Lot 22, Block 1, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the Public
Records of Miami -Dade County, Florida.
Parcel 12B:
Lot "B", of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the Public
Records of Miami -Dade County, Florida.
Parcel 12C:
All of Lots 15, 16, 17, 18, 19, 20 and 23, Block 1, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the Public
Records of Miami -Dade County, Florida.
Parcel 12D:
Lots 12 and 13, Block 2, of MAGNOLIA COURT, according
to the Plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami -Dade County, Florida.
Parcel 12E:
The West 13 feet of Lot 22, Block 1, of COMMERCIAL
BUENA VISTA, according to the Plat thereof as recorded in
Plat Book 14, Page(s) 56, of the Public Records of Miami -
Dade County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #3: Rothman
SUBJECT PROPERTY STREET ADDRESS(ES): 108 NE 39th Street (Folio No. 01-3124-030-0200)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Lot 11, Block 2, of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami -Dade County, Florida.
Together with an easement over the East 0.12 feet of Lot 12,
Block 2, of MAGNOLIA COURT, according to the Plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida, created by Quit
Claim Deed Creating Perpetual Easement, filed September 3,
1985, in Official Records Book 12624, at Page 676.
Map #4: Palm Lot
SUBJECT PROPERTY STREET ADDRESS(ES): 140 NE 39th St (Folio No. 01-3124-030-0170)
SUBJECT PROPERTY LEGAL DESCRIPTION:
The West 50 feet of Lot 1, and Lots 7 to 14, both inclusive,
and Lots 24 to 31, both inclusive, Block 1, COMMERCIAL
BUENA VISTA, according to the Plat thereof, as recorded in
Plat Book 14, at Page 56, of the Public Records of Miami -
Dade County, Florida.
Also known as:
The West 75 feet of Lot 1, less the East 25 feet thereof, and
Lots 7 to 14, both inclusive, and Lots 24 to 31, both inclusive,
Block 1, COMMERCIAL BUENA VISTA, according to the
Plat thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida.
And
Parcel 10B :
Lots 8 and 9, Block 2, of MAGNOLIA COURT, according to
the plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami -Dade County, Florida.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #5: Booth
SUBJECT PROPERTY STREET ADDRESS(ES): 3821 NE lst Court (Folio No. 01-3124-033-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1A:
The East 100 feet of Lot 1, all of Lots 2 through 5, Block 1,
COMMERCIAL BUENAVISTA, according to the Plat
thereof as recorded in Plat Book 14, at Page 56, of the Public
Records of Miami -Dade County, Florida.
Less: That portion thereof beginning at the Northeast corner
of Lot 1, Block 1, thence go West 5 feet, thence South 9.30
feet, thence East 0.82 feet, thence South 61.44 feet, thence
East 3.8 feet to the East line, thence North 70.9 feet, to the
Point of Beginning.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #6: Booth
SUBJECT PROPERTY STREET ADDRESS(ES): 3821 NE lst Court (Folio No. 01-3124-033-0130)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1B:
Lots 33 through 36, inclusive, Block 1, COMMERCIAL
BUENA VISTA, according to the Plat thereof, as recorded in
Plat Book 14, at Page 56, of the Public Records of Miami -
Dade County, Florida.
And
That portion of land thereof beginning 146.40 feet West of the
Southeast corner of Lot 8, NEWTON SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 3, at
Page 126, of the Public records of Miami -Dade County,
Florida, thence run North 137.00 feet; thence West 46.50 feet;
thence South 137.00 feet; thence East 46.50 feet to the Point
of Beginning.
Less and Except:
A portion of NEWTON SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 3, at Page 126, of the Public
Records of Miami -Dade County, Florida, and being more
particularly described as follows:
Begin at the Southeast corner of Lot 36, Block 1,
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of said Public
Records of Miami -Dade County, Florida; thence South
89°46'20" East along the Easterly projection of the South line
of said Block 1, said line also being the North right-of-way
line of N.E. 38th Street as shown on said plat of
COMMERCIAL BUENA VISTA for 46.50 feet to a point
being 146.40 feet West of the East line of said NEWTON
SUBDIVISION and as measured along a line parallel with the
centerline of said N.E. 38th Street as shown on said plat of
COMMERCIAL BUENA VISTA; thence South 00°00'35"
West for 25.00 feet to said centerline of N.E. 38th Street;
thence North 89°46'20" West along said centerline of N.E.
38th Street for 46.50 feet to a point on the West line of said
NEWTON SUBDIVISION; thence North 00°00' 18" East
along said West line of NEWTON SUBDIVISION for 25.00
feet to the Point of Beginning.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #7: Buena Vista
SUBJECT PROPERTY STREET ADDRESS(ES): 180 NE 39TH Street (Folio No. 01-3124-030-0100)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 1 to 6, inclusive, and the East 25 feet of Lot 7, in Block 2
of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami- Dade County, Florida.
Beginning at the Southwest corner of Lot 3, in Block 2, of
MAGNOLIA COURT; thence run North along the West ends
of Lots 3, 2 and 1 of said Block 2, to the Northwest corner of
Lot 1, of said Block 2; thence run West 9 feet to the Northeast
comer of Lot 4, Block 2, of MAGNOLIA COURT; thence run
South along the East side of Lot 4, Block 2, to the Southeast
comer of Lot 4 of said Block 2; thence run East 9 feet to the
Point of Beginning, being all that certain unnumbered Lot, 9
feet wide by 93.45 feet deep, lying directly West of Lots 1, 2
and 3, of Block 2, MAGNOLIA COURT, and directly East of
Lot 4, of said Block 2, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida.
Lots 1, 2, 3 and 4, of NEWTON'S SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 3, at Page 126, of
the Public Records of Miami -Dade County, Florida, less the
East 20 feet thereof.
Begin at the Northwest corner of Lot 1, of NEWTON'S
SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 3, at Page 126, of the Public Records of Miami -
Dade County, Florida; thence West 92.9 feet; thence South
70.9 feet; thence East 46.5 feet; thence South 112.00 feet;
thence East 46.4 feet; thence run North 182.9 feet to the point
of beginning.
Begin at the Northeast corner of Lot 1, Block 1,
COMMERCIAL BUENA VISTA SUBDIVISION, a
subdivision recorded in Plat Book 14, at Page 56, of the Public
Records of Miami -Dade County, Florida, and run West 5.00
feet; thence run South 9.3 feet; thence run East 0.82 feet;
thence run South 61.44 feet; thence run East 3.8 feet to the
East line of Lot 2 of said subdivision; thence North 70.9 feet
to the point of beginning.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #8: Buick
SUBJECT PROPERTY STREET ADDRESS(ES): 3841 NE 2' Avenue (Folio No. 01-3219-011-0100)
SUBJECT PROPERTY LEGAL DESCRIPTION:
The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, at Page 25, of the
Public Records of Miami -Dade County, Florida, together with
that certain twelve -foot strip of land lying adjacent to and
immediately East of the above -described property, said
twelve -foot strip having for its Easterly boundary the Florida
East Coast Railroad right-of-way.
Map #9: Tuttle South
SUBJECT PROPERTY STREET ADDRESS(ES): 3725 Biscayne Boulevard (Folio No. 01-3219-045-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Tract A of VIA TUTTLE SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 163, at Page 59, of the
Public Records of Miami -Dade County, Florida.
a/k/a - Tuttle South — 3725 Biscayne Blvd.
formerly described as:
Lot 32, less that part in Biscayne Boulevard, and Lots 33
through 36, less the West 6 feet thereof, MAGNOLIA PARK,
2ND AMENDED PLAT THEREOF, according to the Plat
thereof, as recorded in Plat Book 5, at Page 25, of the Public
Records of Miami -Dade County, Florida;
AND
Lots 33, 35 and 37, of BUENA VISTA BISCAYNE
BADGER CLUB SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 1, at Page 115, of the Public
Records of Miami -Dade County, Florida;
AND
The North 34.88 feet of Lot 31 of BUENA VISTA
BISCAYNE BADGER CLUB SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 1, at Page 115, of the
Public Records of Miami -Dade County, Florida;
AND
The East one foot of the West 6 feet of Lot 36, MAGNOLIA
PARK, 2ND AMENDED PLAT THEREOF, according to the
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Plat thereof, as recorded in Plat Book 5, at Page 25, of the
Public Records of Miami -Dade County, Florida.
Map #10: Tuttle North
SUBJECT PROPERTY STREET ADDRESS(ES): 299 NE 38th Street (Folio No. 01-3219-011-0330)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #11: Norwegian Wood*
Lots 37, 38 and 39, SECOND AMENDED PLAT OF
MAGNOLIA PARK, less right of way of Biscayne Boulevard,
according to the plat thereof, as recorded in Plat Book 5, at
Page 25, of the Public Records of Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 92 NE 40TH Street (Folio No. 01-3124-027-0270)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #12: Casa/Lady Jane*
LOTS 1, 2 AND 3, IN BLOCK 3, OF AMENDED PLAT OF
COMMERCIAL BILTMORE, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE
132, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
SUBJECT PROPERTY STREET ADDRESS(ES): 99 NE 39TH Street (Folio No. 01-3124-029-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 1 and 2 , Block 1 of BILTMORE COURT, according to
the Plat thereof, as recorded in Plat Book 7, Page 37, of the
Public Records of Miami -Dade County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #13: Cumberland/JBL
SUBJECT PROPERTY STREET ADDRESS(ES):
Exhibit "A"
100 NE 40' Street (Folio No. 01-3124-028-0160)
108 NE 40' Street (Folio No. 01-3124-030-0200)
101 NE 39th Street (Folio No. 01-3124-030-0890)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1:
Lots 21, 22 and 23, of SECOND SECTION COMMERCIAL
BILTMORE, according to the plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade
County, Florida.
Parcel 2:
Lot "A", of BILTMORE COURT, according to the Plst
thereof, as recorded in Plat Book 7, at Page 37 of the Public
Records of Miami -Dade County, Florida.
Parcel 3:
Unnumbered Lot 13 x 100 feet East of Moore Parkway and
West of J.W. Wallace Tract, COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 132, of the Public Records of Miami -Dade County,
Florida.
Parcel 4:
Lot 12, less the East 3 feet thereof, and Lot 13, in Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida, less that part of said Lot 13
described as follows:
Beginning at the Southwesterly corner of Lot 13, Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida; thence run Eastwardly along the
Southerly line of said Lot 13, a distance of Twelve (12) feet to
a point of curve; thence run Westwardly and Northwestwardly
along the arc of a tangential curve to the right, having a radius
of Twenty -Five (25) feet and a central angle of 28°41'07" for
a distance of 12.52 feet to a point on the Westerly line of said
Lot 13; thence run Southwardly along the Westerly line of
said Lot 13 a distance of 3.07 feet to the Point of Beginning.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Lot 11, Block 2, of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami -Dade County, Florida.
Together with easement over East 0.12 feet of Lot 12, Block
2, of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 015, of Public Record of
Miami -Dade County, Florida, created by Quick Claim Deed
granting Perpetual Easement, filed September 3, 1985, in
Official Records Book 12624, at Page 676.
Map #14: Hale Daniel
SUBJECT PROPERTY STREET ADDRESS(ES): 119 NE 39th Street (Folio No. 01-3124-030-0080)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #15: Oak Plaza Collins
Lot 11 and the East 3 feet of Lot 12, in Block 1 of
MAGNOLIA COURT, according to the Plat thereof as
recorded in Plat Book 6, Page(s) 105, of the Public Records of
Miami -Dade County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE 39th Street (Folio No. 01-3124-030-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #16: Oak Plaza Loggia
Lots 9 and the Westerly 12 feet of Lot 8, in Block 1, of
MAGNOLIA COURT, according to the plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida.
Also known as:
Lot 9 and the West 12 feet of Lot 8, in Block 1, MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade
County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 39th Street (Folio No. 01-3124-030-0050)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 6, 7, and 8 (minus the Westerly 12 feet of Lot 8), in
Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #17: Oak Plaza KVA
SUBJECT PROPERTY STREET ADDRESS(ES): 150 NE 40th Street (Folio No. 01-3124-028-0080)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #18: Oak Plaza Twery
The West 20 feet of Lot 12, and all of Lot 13, of
COMMERCIAL BILTMORE, SECOND SECTION,
according to the plat thereof, as recorded in Plat Book 12, at
Page 44, of the Public Records of Miami -Dade County,
Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according to
the plat thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 160 NE 40th Street (Folio No. 01-3124-028-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #19: Thomas Maier
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according to
the plat thereof, as recorded In Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida
SUBJECT PROPERTY STREET ADDRESS(ES): 170 NE 40th Street (Folio No. 01-3124-028-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 7 and 8, of COMMERCIAL BILTMORE SECOND
SECTION, according to the Plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade
County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #20: Melin
SUBJECT PROPERTY STREET ADDRESS(ES): 3930 NE 2' Avenue (Folio No. 01-3124-028-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 3:
Lots 1 through 6 inclusive, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the Public
Records of Miami -Dade County, Florida, and Lots 1 through
4, inclusive, Block 1, and unnumbered Lot East of Lot 4,
Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade
County, Florida, being more particularly described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of a
circular curve, contained within said Lot 3, concave to the
Northwest having a radius of 25 feet and tangents which are
25 feet North of and parallel with the centerline of N.E. 39th
Street and 35 feet West of and parallel with the centerline of
N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the Public
Records of Miami -Dade County, Florida, being more
particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of a
circular curve, contained within said Lot 3, concave to the
Southwest having a radius of 25 feet and tangents which are
33 feet South of and parallel with the centerline of N.E. 40th
Street and 35 feet West of and parallel with the centerline of
N.E. 2nd Avenue.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
Map #21:
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Newton
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Exhibit "A"
201 NE 39th Street (Folio No. 01-3129-012-0010)
Lots 1 and 2 and the 10.00 foot easterly adjacent alley, PLAT
SHOWING RESUBDIVISION OF LOTS 4, 5, 6 & 7 OF
SECOND AMENDED PLAT OF MAGNOLIA PARK,
according to the Plat thereof, as recorded in Plat Book 4, at
Page 150, of the Public Records of Miami -Dade County,
Florida.
Map #22, #28, #29, #30, #31, #32, #33, & 34: Asi-Casa*
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
60 NE 41'T Street (Folio No.
56 NE 41s` Street (Folio No.
42 NE 41s` Street (Folio No.
34 NE 41s` Street (Folio No.
90 NE 41s` Street (Folio No.
84 NE 41s` Street (Folio No.
80 NE 41s` Street (Folio No.
81 NE 40th Street (Folio No.
Parcel 1:
01-3124-024-1390)
01-3124-024-1400)
01-3124-024-1410)
01-3124-024-1420)
01-3124-024-1360)
01-3124-024-1370)
01-3124-024-1380)
01-3124-027-0130)
Lots 4, 5, 6, 7 and 8, Block 9, of BILTMORE, according to
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lots 1, 2, and 3, Block 9, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
Lots 5, 6, and 7, Block 2, of COMMERCIAL BILTMORE
AMENDED, according to the Plat thereof, as recorded in Plat
Book 6, at Page 67, on the Public Records of Miami -Dade
County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #23: Suttin*
SUBJECT PROPERTY STREET ADDRESS(ES): 95 NE 40' Street (Folio No. 01-3124-027-0120)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #24: Rosen
Lots 1, 2, 3 and 4 of Block 2, of Commercial Biltmore
Amended, according to the Plat thereof, as recorded in Plat
Book 6, at page 132, of the Public Records of Miami -Dade
County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 151 NE 40th Street (Folio No. 01-3124-027-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 13 and 14, Block 1 of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the Plat thereof,
as recorded in Plat Book 6, at Page 132, of the Public Records
of Miami -Dade County, Florida.
Map #25: Mosaic/Chatham
SUBJECT PROPERTY STREET ADDRESS(ES): 155 NE 40th Street (Folio No. 01-3124-027-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 3A:
Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the plat thereof,
as recorded in Plat Book 6, at Page 132, of the Public Records
of Miami -Dade County, Florida.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #26, #27, #35, #41, & #42: Moore — Garden Lounge / Moore Building / Moore 140 /
Moore 77 / Moore 115
SUBJECT PROPERTY STREET ADDRESS(ES):
175 NE40TH Street (GL) (Folio No. 01-3124-025-0020)
4040 NE 2nd Avenue (Folio No. 01-3124-027-0020)
140 NE 41st Street (lot) (Folio No. 01-3124-024-1500)
77 NE 41st Street (lot) (Folio No. 01-3124-024-1340)
115 NE 41st Street (lot) (Folio No. 01-3124-024-1150)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 9A:
Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION OF
BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according to
the Plat thereof,as recorded in Plat Book 45, at Page 55, of the
Public Records of Miami -Dade County, Florida.
Parcel 9B:
Lots 1, 2 and 8, in Block 10, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 9C:
Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the Public
Records of Miami -Dade County, Florida.
Parcel 9D:
Lots 3 and 4, in Block 7, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel 9E:
Lot 22 and the East'h of Lot 21, in Block 8, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
{24375324;3 }
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #36: Mosaic (Lot)
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #37: Rosen Lot
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #38: Palmer Building
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Exhibit "A"
144 NE 4151 Street (Folio No. 01-3124-024-1490)
Parcel 3B:
Lot 7, in Block 10, of BILTMORE SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami -Dade County, Florida.
150 NE 4151 Street (lot)
Lot 6, in Block 10, of BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami -Dade County, Florida.
158 NE 4151 Street (Folio No. 01-3124-024-1470)
Lot 5 and the West 20 feet of Lot 4, Block 10, BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 6, at Page 67, of the Public Records, Miami -Dade
County, Florida, Excepting therefrom the following part of the
West 20 feet of Lot 4: Begin at the Southwest corner of said
Lot 4, Block 10, of the aforesaid BILTMORE
SUBDIVISION; thence East along the South line of said Lot 4
for a distance of 20 feet; thence North parallel with the West
line of said Lot 4 for a distance of 20 feet to a point; thence
Southwesterly along a tangent circular curve having a radius
of 20 feet through a central angle of 90 degrees for an arc
distance of 31.42 feet to the Point of Beginning.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #39 & #40: Asi-Melaleuca
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #43: Scarlet Begonia
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #44: FCAA
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Exhibit "A"
53 NE41ST Street (Folio No. 01-3124-024-1320)
61 NE 41s` Street (Folio No. 01-3124-024-1330)
Lots 19, 20 and West 'h of Lot 21, Block 8, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
135 NE 41' Street (Folio No. 01-3124-024-1160)
Lot 5, Block 7, of BILTMORE SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
150 NE 42nd Street (Folio No. 01-3124-024-1550)
The West 325 feet of that certain tract of land in the city of
Miami bounded on the North by N.E. 42nd Street, on the South
by N.E. 41s` Street, on the East by N.E. Second Avenue and on
the West by the East lines of Lots 5 and 6, Block 7,
BILTMORE, a subdivision shown by plat of record in Miami -
Dade County, in Plat Book 6, at Page 67.
Also known as:
A portion of the West 325 feet of that certain Lot of Land, 432
feet East and West and 204.6 feet North and South, lying
directly East of and adjoining Lots 5 and 6, Block 7, of
BILTMORE, according to the Plat thereof, as recorded in Plat
Book 6, at Page 67, of the Public Records of Miami -Dade
County, Florida, of said Plat shown as Z.T. MERRITT
HOME, said Lot lying in the Southeast corner of the NE '/4 of
the SE'/4 of section 24-53-41.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #45: 4100/Lee*
SUBJECT PROPERTY STREET ADDRESS(ES): 4100 NE 2' Avenue (Folio No. 01-3124-024-1560)
4200 NE 2nd Avenue (lot) (Folio No. 01-3124-024-0930)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 4A:
The East 107 feet of that certain tract of land 432 feet East and
West by 204.6 feet North and South, lying directly East of and
adjoining Lots 5 and 6, in Block 7, of BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami -Dade County, Florida.
Together with nonexclusive easement of ingress, egress,
parking and construction and maintenance of a pedestrian
bridge as set forth in that Reciprocal Bridge Easement and
Parking Agreement, dated July 20, 1988, and recorded August
1, 1988, in Official Records Book 13769, at Page 2966, of the
Public Records of Miami -Dade County, Florida.
Parcel 4B:
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
Map #46: 4141
SUBJECT PROPERTY STREET ADDRESS(ES): 4141 NE 2' Avenue (Folio No. 01-3219-009-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Tract A and Tract 1, REVISED PLAT OF TRACT "A" AND
BLOCKS 1, 2, 3, 8, 9, 10, 11 AND 12 OF BRENTWOOD,
according to the plat thereof, as recorded in Plat Book 44,
Page 6, of the Public Records of Miami -Dade County, Florida,
formerly known as Tract "A" and Lots 1, 2, 3, 4 and 5, Block
1, of BRENTWOOD, according to the plat thereof as recorded
in Plat Book 40, Page 66, of the Public Records of Miami -
Dade County, Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #47: 4200*
SUBJECT PROPERTY STREET ADDRESS(ES): 4200 NE 2nd Avenue (lot) (Folio No. 01-3124-024-0930)
SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 4B:
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
Map #48: Flagler
SUBJECT PROPERTY STREET ADDRESS(ES): 4218 NE 2NH Avenue (Folio No. 01-3124-024-0940)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #49: 4240
Lot 2, 3 and 24, Block 6, BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 4240 NE 2NH Avenue (Folio No. 01-3124-024-0950)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #50: City Garage*
Lot 4, less the East 5 feet thereof, in Block 6, BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 3800 NE 1sT Avenue (Folio No. 01-3124-033-0240)
SUBJECT PROPERTY LEGAL DESCRIPTION: COMM BUENA VISTA PB 14-56 LOTS 2 THRU 14 BLK 2
LOT SIZE 31521 SQ FT OR 21215-1039 0403 3.
Map #51: Sebastien*
SUBJECT PROPERTY STREET ADDRESS(ES): 35 NE 38TH Street (Folio No. 01-3124-033-0370)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3 }
Lots 15, 16, 17, and 18 Block 2, COMMERCIAL Buena
Vista, according to the Plat thereof, as recorded in Plat Book
14 at page 56, of the Public Records of Miami -Dade County,
Florida.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
Exhibit "B"
Design District SAP Regulating Plan and Concept Book
48
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "B"
Please refer to the
Design District SAP Regulating Plan
Binder Section "F"
and Concept Book
Binder Sections `B", "C", "D" and "E"
Exhibit "C"
Retail Developer Party
49
Retail Developer Party Entities:
Electra Design (Del.) LLC
Rothman Design LLC
Dacra DesignMiami (Del.) LLC
Miami Avenue (Del.) LLC
McCrory Design Associates (Del.) LLC
Cumberland Acquisitions LLC
Hale Daniel Design, LLC
Oak Plaza Associates (Del.) LLC
Dacra Design Associates (Del.) LLC
40 District LLC
Mosaic (Del.) LLC
Dacra Design Moore (Del.) LLC
Palmer Design (Del.) LLC
Scarlet Begonia Holdings LLC
FCAA, LLC
MID -I Lee, LLC
EXHIBIT "C"
50
Exhibit "D"
Joinder Form
51
EXHIBIT "D"
ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT AGREEMENT JOINDER
FORM AND ACKNOWLEDGEMENT OF JOINDER
This ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JOINDER FORM ("Joinder Form") is executed of this day of
, 20 by the undersigned entity.
RECITALS
WHEREAS, the City has entered into a Development Agreement dated
20 and recorded in the public records of Miami -Dade County, Book , Page
("Development Agreement") with certain Developer Parties as defined therein; and
WHEREAS, the Development Agreement secures certain benefits and obligations for the
mutual benefit of the City and the Developer Parties, as set forth in the Development Agreement; and
WHEREAS, the Development Agreement allows joinder of additional parties, when such
additional party owns any Property Interest in the Miami Design District as defined in the prior
zoning ordinance 11000, more particularly SD-8, described in Exhibit " " attached hereto.
WHEREAS, the Development Agreement requires that such additional party execute this
joinder form in order to become a party to the Development Agreement; and
WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer
Parties under the Development Agreement, and in consideration for such benefits agrees to be bound
by the obligations imposed therein upon the Developer Parties; and
NOW THEREFORE, in consideration of the benefits conferred upon any Developer by the
aforementioned Development Agreement, and certifying that the above recitals are true and correct,
and incorporating such recitals herein, the undersigned does hereby execute this Joinder Form and
becomes a Developer Party pursuant to the Development Agreement.
The undersigned shall assume all of the benefits, and be bound, comply with, and perform all
of the obligations, as set forth in the Development Agreement and as applicable to the Property
Interest which the undersigned owns upon the adoption of a Zoning Atlas amendment to Miami 21
designating the Miami Design District Retail Street Special Area Plan. The undersigned shall be
obligated to the City for the benefit of the City, and the City shall have all rights and remedies set
forth in the Development Agreement to enforce the terms of the Development Agreement against the
undersigned, to the extent applicable to the Property Interest owned by the undersigned.
{22389500;2}
SIGNATURE PAGES TO FOLLOW
The undersigned also hereby represents that it has full power and authority to execute this
Joinder Form, and certifies to City that none of its owners or officers, nor any immediate family
member of any of such owners or officers, is also a member of any board, commission, or agency of
the City.
WITNESSES: [COMPANY/CORPORATION NAME]
Print Name:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this _ day of
2012, by , the , a Florida limited liability
company/corporation, on behalf of that company, in its capacity as of
, a Florida limited liability company, on behalf of that company; such
person is (check one) [ ] personally known to me or [ ] has produced
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
My Commission Expires:
The City hereby acknowledges and consents to the joinder of the above signatory as a
Developer Party to the Development Agreement.
WITNESSES: CITY OF MIAMI, a municipal corporation
located within the State of Florida
Print Name:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
By:
Johnny Martinez
City Manager
The foregoing instrument was acknowledged before me this day of
2012, by Johnny Martinez, in his capacity as City Manager, on behalf of that municipal
corporation; such person is (check one) [ ] personally known to me or [ ] has produced
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
My Commission Expires:
{22389500;2}