HomeMy WebLinkAboutVersion 3 Exhibits - SUBDEVELOPMENT AGREEMENT BETWEEN CITY OF
MIAMI, FLORIDA AND FLAGLER HOLDING GROUP,
INC., MONTE CARLO ASSOCIATES (DEL.) LLC,
MOONLIGHT MILE ACQUISITIONS, LLC, MCCRORY
DESIGN ASSOCIATES (DEL.) LLC, 391H STREET (DEL.)
LLC, HALF -CIRCLE PROPERTY (DEL.) LLC,
NORWEGIAN WOOD ACQUISITIONS, LLC,
CUMBERLAND ACQUISITIONS 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, 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,
Flagler Holding Group, Inc., a Florida profit corporation, Monte Carlo Associates (Del.) LLC,
Moonlight Mile Acquisitions, LLC (as successor by merger to Electra Design (Del.) LLC,
Rothman Design LLC, Dacra Design Miami (Del.) LLC, and Miami Avenue (Del.) LLC,
McCrory .Design Associates (Del.) LLC, 39th Street (Del.) LLC, Half -Circle Property (Del.)
LLC, Norwegian Wood Acquisitions, LLC (and as successor by merger to Lady Jane
Acquisitions, LLC), Cumberland Acquisitions, LLC (and as successor by merger to 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 (and as
successor by merger to Palmer Design (Del.) LLC), Dacra Design Moore (Del.) LLC, FCAA,
LLC (and as successor by merger to Scarlet Begonia. Holdings, LLC), MID -I Lee, LLC, Dacra
Design 4141 LLC, MDDA Garage, LLC, and Rocky Raccoon Acquisitions (Del.) LLC,
Delaware limited liability companies (each, individually, "Developer Party," and 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:
WIIEREAS, 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 36t1i 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
designated under Ordinance 11000; and serviced by three (3) Miami -Dade Transit routes; and
WHEREAS, the District has recently become an internationally recognized center for
furniture design and a burgeoning home for the arts, high fashion, restaurants, and a center for
creative employment; and
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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, as such, the City wishes
to encourage redevelopment within the District; 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 (9) 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, 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") (sketch and legal descriptions of which are attached as Exhibit
"A"); 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
order to facilitate redevelopment within the SAP Area and effectuate the Retail Street Project;
and
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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 Design Concept Book attached as Exhibit "B" ("Regulating Plan and Design 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;
(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
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(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 Party" means an individual property owner who is a signatory to
this Agreement.
"Developer Parties" means the property owners who are signatories to this
Agreement.
"Development" means the carrying out of any building activity, the malcing 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 Design Concept
Book, 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.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
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"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
Special Area Plan Design Concept -Book.
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
3.9.11, 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
Goverrunent Development Agreement Act, s. 163,3220 - 163.3243, Florida Statutes (2011).
Section 6.
Exhibit "A."
Applicability. This Agreement only applies to the SAP Properties identified in
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.
(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 Design Concept Book are attached as Exhibit "B". In
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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.
(c)
(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,
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, subject to the
modification set forth herein, by performing tree replacement within the SAP
Area where possible.
(1) Off -site replacement trees. Notwithstanding the requirements of Sec. 17-
6.(e) of the City Code, where replacement within the SAP Area is not
possible, Developer Party may enter into an agreement with the City to
perform tree replacement on public property in the following order of
priority: (i) within the District; (ii) within a one (1) mile radius of the
District; or (iii) within any City park. - Particular emphasis shall be paid
to replacement along gateway corridors within and surrounding the
District, specifically N. Miami Avenue, N,E, 2"d Avenue, NE 36th Street,
NE 1 st 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. Each Developer
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Party undertaking tree replacement off -site for any parcel of land within
the SAP Area shall agree to water, trim, root, prune, brace, or undertake
any other necessary maintenance as may be required by the Public Works
Department for a period of not greater than thirty (30) days after
installation. Each Developer Party further agrees to warrant each off -site
replacement tree for a period of one (1) year after the date of installation.
(2) SAP Area tree installation, maintenance and guarantee. For all trees
placed within the SAP Area, each Developer Party shall install any needed
irrigation and corresponding water meters to support the growth of trees
located within the right-of-way. Each Developer Party undertaking tree
replacement for any parcel of land shall agree to water, trim, root, prune,
brace, or undertake any other necessary maintenance as may be required
for trees located within the SAP Area. Each Developer Party further
agrees to warrant each SAP Area tree for a period of one (1) year after
installation.
(3)
Tree replacement chart. The tree replacement chart below, shall be used
to determine whether a Developer Party has satisfied the tree replacement
requirements for any particular parcel of land as set forth in Sec. 17-6.(a)
of the City Code. The chart below shall replace and supersede Chart
17,6.11 in the City Code.
Tree Replacement Chart
Total diameter of tree(s) to be removed
(sum of inches at DBH)
Total inches of replacement DBH
required (12' minimum tree height)
2"- 3"
2"
4"- 6"
4"
7"- 12"
8"
13"- 18"
12"
19"- 24"
16"
25"- 30"
20"
31"- 36"
24"
37"- 42"
28"
43"- 48"
32"
L 49"- 60"
40"
To determine whether the replacement requirements have been satisfied,
calculate the total sum in inches of the diameter of the trees removed. The
size of the replacement trees diameter at breast height (DBH) must equal
the total inches of replacement DBH set forth in the above chart.
Diameter measurement shall be rounded up to the nearest inch. If the sum
of the diameter of trees to be removed exceeds a total of 60 inches, the
additional inches shall be added cumulatively from the top of the chart,
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down to the bottom of the chart, to calculate the number of DBH for
replacement trees.
(4) Tree species. The chart set forth below shall replace and supersede Chart
17.6.2.1. in the City Code. All other requirements set forth in Sec. 17-
6.(b) of the City Code shall apply within the SAP Area.
Required total DBH for replacement
trees
Required minimum number of species
22"-
40"
2
41"-
100"
4
101
or greater
6
(5)
Tree installation. A Developer Party shall install trees opportunistically
within the public right-of-way, subject to approval by the Department of
Public Works.
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 within 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 enhancing internalized traffic circulation and reducing off -site
impacts.
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 an essential element in
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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:
(I )
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
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.
(3)
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 have conducted
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 a
Developer Party 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, such Developer Party 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, 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
District Retail Street
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Review. Future development within the Miami Design
SAP shall proceed pursuant to the processes and in
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accordance with the design set forth in the Regulating Plan and Design Concept
Book, 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, and this Agreement and
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 following 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
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. -Upon approval of this Agreement, pursuant to Chapter
4 of the City Code, two (2) Retail Specialty Centers are hereby designated for properties within
the SAP Area, The Miami Design District Retail Street SAP Retail Specialty Center North
(''Retail Specialty Center North") shall consist of all SAP Properties located north of the mid -line
of the right-of-way of NE 40th Street and the Miami Design District Retail Street SAP Retail
Specialty Center South ("Retail Specialty Center South") shall include properties located south
of the mid -line of the right-of-way of NE 40th Street.
The maximum number of establishments selling alcoholic beverages permitted within each
Retail Specialty Center shall not exceed five (5) establishments, inclusive of any such
establishments in existence as of the date of this Agreement, but exclusive of any bona fide,
licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in
conjunction with the principal use of the sale of food (e.g. bona fide, licensed restaurants, with a
2-COP, 2-COP SRX, 4-COP, 4-COP SRX or an equivalent license). The number of approved
establishments may be increased by amendment to this Agreement.
Each establishment selling alcoholic beverages permitted within the Retail Specialty Center
North and the Retail Specialty Center South, exclusive of bona fide, licensed restaurants where
the sale of alcoholic beverages is incidental to the principal use of the sale of food, shall be
permitted pursuant to the requirements of the Miami Design District Street Regulating Plan,
attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 of the City
Code not in conflict with the provisions of this Agreement.
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Each of the alcohol beverage establishments within both the Retail Street SAP Retail Specialty
Center North and Retail Specialty Center South permitted pursuant to this Section shall be
reserved for the benefit of the Retail Developer Party, unless otherwise modified by a separate
written agreement between the Developer Parties.
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 which the Retail Developer Party anticipates to exceed (75%) seventy five percent of
the maximum permitted occupancy, inclusive of Open and Civic Space or (2,100) two thousand
one hundred guests, whichever is less, the Retail Developer Party, or its 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 possible adverse impacts
due to multiple events occurring within the immediate and surrounding area.
The City Commission further finds that the above -listed activities, which shall not
exceed the maximum permitted occupancy of 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.
Notwithstanding the requirements of Secs. 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
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training and job placement services for area city residents seeking employment
opportunities with potential employers which will locate or establish a business
within the SAP Area.
(1) Construction Employment, The Developer Parties shall use best efforts to
work with the City in the following areas:
a. Job Sourcing, The Developer Parties shall require their general
contractor(s) to use best efforts to work with the City's Miami
Works Initiative to source job opportunities for both skilled and
unskilled laborers seeking employment opportunities within the
construction industry.
b. Community Business Enterprise (CBE) Participation. The
Developer Parties shall require their general contractor(s) to use best
efforts to assign a minimum of twenty percent (20%) of the
construction contract value to subcontractors whose firms are
certified by Miami -Dade County as CBEs.
c. Local Workforce Participation. The Developer Parties shall
require their general contractor(s) to use best efforts to employ a
minimum of twenty percent (20%) of on -site labor from persons
residing within the municipal boundaries of the City of Miami.
(2) Restaurant and Retail Employment. The Developer Parties anticipate that
a significant number of employment opportunities in the culinary and
retail sectors will be generated within the SAP Area. Developer Parties
shall use best efforts to work with Miami Dade College, through its
culinary and retail institutes, or with similar institutions or organizations,
in consultation with the City, to place qualified graduates of such
programs in employment opportunities within the SAP Area.
(3)
Hospitality Employment. The Developer Parties anticipate that a number
of job opportunities in the hospitality sector will be generated within he
SAP Area, The Developer Parties shall use best efforts to work with
Miami Dade College, through its hospitality institute, or with similar
institutions and organizations, in consultation with the City, to place
qualified graduates of the hospitality institute in employment opportunities
within the SAP Area. In addition, the Developer Parties shall use best
efforts to assist the City in identifying employment opportunities within
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the hospitality sector outside the SAP Area and place qualified graduates
of the hospitality institute in positions.
(b) Park/Open Space Enhancements. As consideration for certain reductions to
standards set forth in the City's land development regulations, the Developer
Parties hereby agree to undertake the following 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
any improvements thereon. In consultation with City Planning staff and
subject to their approval, and that of any other City department, the
Developer Parties hereby agree to design and construct the proposed
improvements (e.g. enhanced landscaping, lighting, fencing, and similar
improvements), etc., to the park at their sole cost and expense within three
(3) years of the Effective Date of this Agreement.
(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 to offset a deficiency of (20,114 sq, ft.)
twenty thousand square feet of required Open Space. Said parcel of land
shall be dedicated to the City as a public park/open space and improved by
the Developer Parties, which improvements shall be consistent with the
design treatment approved by the City for Woodson Mini -Park and
incorporate similar elements (e.g. enhanced landscaping, lighting, fencing,
and similar improvements), etc. The Developer Parties shall complete
such acquisition and improvements within three (3) years of the Effective
Date of this Agreement.
(3)
{246'137612)
If such acquisition is not timely completed within period set forth above,
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 (20,114 sq. ft.) twenty thousand one hundred fourteen
square feet of Open Space. The amount of said contribution shall be
apportioned between each Developer Party in accordance with method set
forth in subparagraph (3) below.
Apportionment of the Cost of Enhancement & Acquisition. The
improvements and park acquisition referred to in (1) and (2) above are
called the "Park/Enhancement/Acquisition." The cost of the Park
Enhancement/Acquisition shall be borne by the Developer Parties. Unless
and to the extent that the Developer Parties otherwise agree by instrument
signed by the Developer Parties and recorded in the Public Records of
Miami -Dade County, Florida: (a) the Park Enhancement/Acquisition shall
be initiated by the Retail Developer; (b) each Developer Party shall pay to
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the Retail Developer its share of such cost of the Park
Enhancement/Acquisition as costs are incurred; (c) Retail Developer shall
from time to time have the right to issue (and record at Retail Developer's
option), certificates indicating the status of any sums due to it for the Park
Enhancement/Acquisition. Any such sums not paid to the Retail
Developer within ten (10) days after such payment is due shall bear
interest at the rate of 18% per annum (but not more than the highest rate
permitted by law) and shall constitute a lien on the property within the
SAP that is owned by such Developer Party from whom such payment is
due.
(c) Street Right -of -Way Improvements. In order to foster a uniform aesthetic, the
Developer Parties or Retail Developer Party, where appropriate, agree that any
right-of-way improvements to the northern half of NE 38th Street, all of NE 39th
Street, and the southern half of NE 42"d Street between NE 1st and 2"d Avenues, as
well as right-of-way improvements to NE 1st and 2"d Avenues between NE 38th
and 42"d Streets, shall include the entire length of the block, even when SAP
Properties only make-up a portion of the block. The Retail Developer Party shall,
at a minimum, improve the right-of-way immediately fronting SAP Properties
along NE 40th and 41 Streets. Developer Parties and Retail Developer Party
agree to construct and maintain, at their sole cost and expense, any non-standard
improvements to the rights -of -way as described above.
The Developer Parties further agree to support the City's best efforts to effectuate
the construction of improvements within portions of the right-of-way fronting
non -SAP Properties and which will serve to create a uniform or complementary
design aesthetic within the SAP Area, whether through the adoption of design
guidelines requiring right-of-way enhancements which complement the non-
standard improvements proposed by the Developer Parties, solicitation of an
appropriation from another governmental body to construct such improvements,
or other appropriate action. In the event the City's best efforts fail to procure
either funding for or construction of the desired right-of-way improvements
within three (3) years of the Effective Date of this Agreement, the Retail
Developer Party further agrees to design and construct the improvements within
the portions of right-of-way fronting on non -SAP Properties along NE 40th and
4 l st Streets,
(d) NE 42" Street Landscaping Enhancements. As evidenced by the letter of
support dated November of 2011 from the Buena Vista East Historic
Neighborhood Association ("Association"), attached hereto as part of Exhibit "E".
thc Retail Developer party shall work collaboratively with the Association on the
final design treatment for the north wall of the building slated for development on
north block within the SAP Area, the preliminary design treatment for which is
illustrated on pages A3.4 and A3.5 of the Design Concept Book, attached hereto
as part of Exhibit "B". The Retail Developer Party shall present the final design
treatment to the Planning Director for review and approval, following
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consultation with the Association, which review shall be evaluated for
consistency with the standards set forth in Art. 4, Table 12.
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) Building permits;
(4) Certificates of use and/or occupancy;
(5) Stormwater Permits;
(6) Development of Regional Impact approval, modification or exemption;
(7)
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
not relieve the Developer Parties of the necessity of complying with the regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restrictions.
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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 a Developer Party 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 twelve (12) months, commencing twelve (12) months after the Effective
Date, through the expiration or termination of this Agreement, or approved
development right listed on pg. AI-9 of the Design Concept Book, whichever
occurs first. The City shall begin the review process by giving notice to
Developer Parties, a minimum of thirty (30) days prior to the anniversary date of
the Agreement, of its intention to undertake the annual review of this Agreement.
Copies of such annual review shall be provided to the Developer Parties.
(b) Any information required of a Developer Party during an annual review shall be
limited to that information necessary to determine the extent to which the
Developer Party 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 a Developer
Party has not proceeded in good faith to comply with the terms of the Agreement,
the City may take action to terminate or amend this Agreement with respect to
said Developer Party. The City shall provide said Developer Party with written
notice of its intent to terminate or amend the Agreement. Said notice shall state
the reasons for the termination or amendment. Upon receipt of such notice, the
Developer Party shall have thirty (30) days to cure the default, or such longer
period of time as may reasonably be required to cure the default if the default by
its nature cannot be cured within thirty (30) days; provided, however, that the
Developer Party commences certain acts within thirty (30) days and diligently
pursues the cure thereafter. Should the Developer Party fail to cure within the
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aforementioned period, the City may terminate or amend this Agreement as to
that Developer Party in accordance with the requirements of Section 36.
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,
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. 2"d 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 Design Moore (Del.) LLC
FCAA, LLC
Half Circle Property (Del.) LLC
Lovely Rita Acquisitions, LLC
McCrory Design Associates (Del.) LLC
McCrory Design Buick (Del.) LLC
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(b)
With copies to:
MID -I Lee, LLC
Monte Carlo Associates (Del.) LLC
Mosaic (Del.) LLC
Norwegian Wood Acquisitions, LLC
Oak Plaza Associates (Del.) LLC
Sweet Virginia Acquisitions LLC
Attn:: Craii Robins
3841 NE 2n Avenue, Ste. 400
Miami, FL 33137
Flagler Holding Group, Inc.
Attn: John Petersen
4218 NE 2nd Avenue, 2' Floor
Miami, FL 33137
Akerman Senterfitt
Attn: Neisen O. Kasdin, Esq.
1 SE 3`d Avenue, 25th Floor
Miami, FL 33131
Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining parties pursuant to the terms and conditions
of this section.
(c) Upon the occurrence of any event of default by any Developer Party, as described
in Section 28, or a determination by the City that a Developer Party has not
proceeded in good faith to comply with the terms of this Agreement, as described
in Section 19, the City shall provide written, courtesy notice of said default to
each non -defaulting Developer Party. Said notice shall identify the name of the
defaulting party, the address of the subject property(ies), and specify the default.
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.
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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
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 any
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) An event of default by any one Developer Party shall not constitute an event of
default by all Developer Parties and shall not adversely affect the rights of those
parties in good standing under this Agreement.
(b) A Developer Party shall be in default under this Agreement if Developer Party
fails to perform or breaches any term(s), covenant(s), or condition(s) of this
Agreement, which breach is not cured within thirty (30) days after receipt of
written notice from the City specifying the nature of such breach; provided,
however, that if such breach cannot reasonably be cured within thirty (30) days,
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then Developer Party shall not be in default if it commences to cure such breach
within thirty (30) days and diligently prosecutes such cure to completion.
(c) The City shall be in default under this Agreement if the City fails to perform or
breaches any term(s), covenant(s), or condition(s) of this Agreement and such
failure is not cured within thirty (30) days following receipt of written notice from
any Developer Party specifying the nature of such breach; provided, however,
that if such breach cannot reasonably be cured within thirty (30) days, the City
shall not be in default if it commences to cure such breach within thirty (30) days
and diligently prosecutes such cure to completion.
(d) It shall not be a default under this Agreement if any 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.
(e) The default of a successor or assignee of any portion of Developer Party's rights
hereunder shall not be deemed a breach by such Developer Party.
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 upon each Developer Party and its heirs,
successors and assigns, including the successor to or assignee of any Property
Interest. Each Developer Party, in 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 in accordance with the requirements of
Section 20. Any such assignee shall assume all applicable rights and obligations
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under this Agreement and upon such assumption, the assigning party shall be
released from all obligations assumed by such assignee.
(b) Additional parties, whether affiliates or assignees of a Developer Party 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
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
conixactors, 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
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(b)
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.
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.
(a) In the event that a Developer Party, its 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 property(ies) within the SAP controlled by such
Developer Party or its successor and/or assigns, as applicable.
(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 his/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 a Developer Party and the
City or following an event of default, Prior to any amendment or termination of this Agreement
during its term, the City shall hold two public hearings before the City Commission to consider
and deliberate such amendment or termination.
Section 37. Third Party Defense. City and Developer Parties shall, 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, (iii) 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.
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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.
Section 41. Status. Upon request from time to time by any Developer Party, or its successor
and/or assigns, or any mortgagee of any Developer Party or its successor and/or assign, the City
shall deliver to such requesting party a letter (in recordable form, if requested) stating whether
the obligations of such Developer Party or its successor and/or assign under this Agreement are
current and in good standing or have been satsified. In the event such Developer Party or its
successor and/or assign is not current in its obligations or such obligations are not satisfied, said
letter shall state the particular manner in which such person's obligations under this Agreement
are not current and in good standing or have not yet been satisfied.
NOW, THEREFORE, the City and Developer Parties have caused this Agreement to be
duly executed.
[Signature blocks for City and Developer Parties]
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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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of 39th St. (Del.) LLC, a Delaware limited liability company. He is personally known
to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
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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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of 40 District LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
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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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of Ben Newton LLC. He is peronally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
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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
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of Cumberland Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
124643761;2) 27
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
DACRA 4141 MANAGING MEMBER,
INC., a Florida corporation, its managing
member.
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 4141 MANAGING
MEMBER, INC., a Florida corporation, on behalf of that corporation in its capacity as managing
member of Dacra Design 4141 LLC, a Delaware limited liability company, on behalf of that
company. He is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24E43761;2) 28
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager 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:
(24643761;2) 29
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
Witnesses:
By:
Print Name:
Print Name: Title:
Print Name:
STA I E OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2012, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager 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:
{24643761;2) 30
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager of FCAA, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2) 31
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager of Half Circle Property (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2) 32
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MDDA SWEET BIRD MANAGER, LLC, a
Delaware limited liability company, its
manager
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 MDDA SWEET BIRD
MANAGER LLC, a Delaware limited liability company, in its capacity as manager of Lovely
Rita Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2) 33
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL, BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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:
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
(24643761;2) 34
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 PLTBLIC, State of Florida at -Large
Print Name:
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
(24643761;2) 35 DOCUMENT.
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
MDDA Garage LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager of MDDA Garage LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2) 36
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager of MID -I Lee, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2} 37
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
IN WI I NESS 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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of Monte Carlo Associates (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
{24643761;2)
NOTARY PUBLIC, State of Florida at -Large
Print Name:
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
38 DOCUMENT.
IN WITNESS hereof the parties have caused this Agreement to be duly executed and
signed as of the date written above.
Moonlight Mile Acquisitions, LLC, a
Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
Witness:
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of Moonlight Mile Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -large
Print Name:
(24643761;2} 39
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a limited liability company, in its capacity as manager of
Mosaic (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
124643761;2} 40 DOCUMENT.
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 )
Norwegian Wood Acquisitions, LLC
a Delaware limited liability company, by
MDDA SWEET BIRD MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this day of
2012, by , as of MDDA SWEET BIRD
MANAGER LLC, a Delaware limited liability company, in its capacity as manager of
Norwegian Wood Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2} 41
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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
Oak Plaza Associates (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this day of
2012, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, it its capacity as
manager of Oak Plaza Associates (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2) 42
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Rocky Raccoon Acquisitions (Del) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager of Rocky Raccoon Acquisitions (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2) 43
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
IN WI I NESS hereof the parties have caused this Agreement tc be duly entered into and signed
as of the date written above.
Sweet Virginia Acquisitions LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
manager of Sweet Virginia Acquisitions LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
04643761;2)
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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:
{24643761;2) 45
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL, BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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 as
identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2} 46
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
(24643761;2}
Exhibit "A"
Legal Descriptions of the Property
47
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #8: Buick
SUBJECT PROPERTY STREET ADDRESS(ES): 3841 NE 2ND 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,
2 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, 2 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. THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DIS'1'RICT 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 A DDRESS(ES): 299 NE 38th Street (Folio No. 01-3219-011-0330)
SUBJECT PROPERTY LEGAL DEsCRIPTtoN:
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 40" 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 ADORES S (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 11 references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #13: Cumberland/JBL
SUBJECT PROPERTY STREET ADDRESS(ES):
Exhibit "A"
100 NE 40Th Street (Folio No, 01-3124-028-0160)
108 NE 40" Street (Folio No. 01-3124-030-0200)
101 NE 39th Street (Font) 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 P 1st
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.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #14: Hale Daniel
SUBJECT PROPERTY STREET ADDRESS(ES)
SUBJECT PROPERTY LEGAL DESCRIMON:
Map #15: Oak Plaza Collins
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #I6: Oak Plaza Loggia
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3}
Note:
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.
119 NE 391h Street (Folio No. 01-3124-030-0080)
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.
139 NE 39th Street (Folio No. 01-3124-030-0060)
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.
163 NE 39th Street (Folio No. 01-3124-030-0050)
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.
All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book. THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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 P[aza 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 A OPRESS(ES): 170 NE 40' Street (Folio No. 01-3124-028-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION:
(243753243)
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.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL, BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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. 2"d 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. 40'6
Street and 35 feet West of and parallel with the centerline of
N.E. 2"d Avenue.
{24375324:3)
Note: All Map ti references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
THIS DOCUMENT 15 A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCU M E NT.
Map #21:
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Newton
Exhibit "A"
SUBJECT PROPERTY STREET A DDRESS(ES): 201 NE 39th Street (Folio No. 01-3129-012-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
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 NE41 Street (Folio No.
56 NE 41" Street (Folio No.
42 NE 41" Street (Folio No.
34 NE 41" Street (Folio No.
90 NE 41" Street (Folio No.
84 NE 41" Street (Folio No.
80 NE 41" 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 thc
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. THIS DOCUMENT 15 A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #23: Suttin*
SUBJECT PROPERTY STREET ADDRESS(ES): 95 NE 40TH 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 40111 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 40*h 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.
{2437532431
Note: All Map # references relate to Pg. A1.4 and A1,5 of the Miaml Design District Retail Street Special
Area Plan Design Concept Book.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL, BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIA11111 DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #26, #27, #35, #41, & #42:
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3}
Note:
Exhibit "A"
Moore — Garden Lounge / Moore Building / Moore 140 /
Moore 77 / Moore 115
175 NE 40TH Street (GL) (Folio No. 01-3124-025-0020)
4040 NE 2" Avenue (Folio No, 01-3124-027-0020)
140 NE 41m Street (lot) (Folio No. 01-3124-024-1500)
77 NE 41" Street (lot) (Folio No. 01-3124-024-1340)
115 NE 41't Street (lot) (Folio No. 01-3124-024-1150)
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 'A of Lot 21, in Block 8, of BILTMORE,
according to the P1at thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County,
Florida.
All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book,
MIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
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)
Note:
Exhibit "A"
144 NE 41" 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 41' 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 41" 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 are
distance of 31.42 feet to the Point of Beginning.
All Map # references relate to Pg, A1,4 and A1,5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #39 & #40: Asi-Melaleuca
SUBJECT PROPERTY STREET ADDRESS(ES); 53 NE 41' Street (Folio No. 01-3124-024-1320)
61 NE 41" Street (Folio No. 01-3124-024-1330)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #43: Scarlet Begonia
Lots 19, 20 and West 'A 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,
SUBJECT PROPERTY STREET ADDRESKES): 135 NE4167 Street (Folio No. 01-3124-024-1160)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #44: FCAA
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.
SUBJECT PROPERTY STREET ADDRESS(ES); 150 NE 42nd Street (Folio No. 01-3124-024-1550)
SUBJECT PROPERTY LEGAL DESCRIPTION:
i24375324,3)
The West 325 feet of that certain tract of land in the city of
Miami bounded on the North by N.E. 42"d Street, on the South
by N.E, 41" 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, al 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 1/4 of
the SE 'A of section 24-53-41.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miaml Design District Retail Street Special
Area Plan Design Concept Book, THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #45: 4100/Lee
SUBJECT PROPERTY STREET ADDRF_Ss(Es): 4100 NE 2ND Avenue (Folio No. 01-3124-024-1560)
4200 NE 2"d 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 arid
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 2ND 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.
THIS DOCUMEN I ISASUbSIIIUPIuN
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #47: 4200*
SUBJECT PROPERTY STREET ADDRESS(ES): 4200 NE 2"cl 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: Hagler
SUBJECT PROPERTY STREET ADDRESS(ES): 4218 NE 2N° 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 2") 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 1 '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.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
COMPUTER GENERATED
THIS PAGE BLANK
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Exhibit "B"
Miami Design District Retail Street SAP Regulating Plan and Design Concept Book
(24643761;2) 48
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
K8IAM|21 APPENDIX F:MIAJM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
SAP2.3 REGULATING PLAN
ARTICLE 1.DEFINITIONS
1'1 DEFINITIONS OFBUILDING FUNCTION: USES (Article 4,Table 3)
d.COMMERCIAL
This category is intended toencompass land Use functions ofretail, oam|om' entertainment or rec-
reational establishments and supporting office. The definitions listed herein shall only apply within
the K4lom| Design District Retail Street SAP area.
Entertainment Establishment: Ap|oms nfbusiness serving the amusement and recreational needs
of the community, Such facilities may inu|ude, but are not limited to: cinen)ae, billiard parlors, teen
dubo, dance hmUn, video arcadem, orspecial event spaces and ballrooms. Uses not included: En-
tertainment Establishment, adult.
Open Air Retail: Aretai| sales establishment operated substantially in the open air induding, but not
limited to: farmers market, vend|ngcorta/kiomkm. and the like. Uses not included are: car sales,
equipment sales, boat sales, and home and garden supplies and equipment. and F|mm Markets.
1.2 DEFINITIONS OF TERMS
This section provides definitions for terms in this Code that are technical in nature or that might not be
otherwise reflect nonnrnnn usage of the vvnnd. If m hann is not defined in this Article, then the Zoning
Administrator ohe|| determine the correct definition of the term. The definitions listed herein shall only
apply within the Miami Design District Retail Street SAP area.
Awning: /\movable roof -like Struotune, cantilevered orotherwise entirely supported from a Bui|ding.
used to shade or screen windows or doors.
Transit Corridor: Amass transit route with designated tuxnnitwehic|e(s) operating at an average 25
min-ute or less headway Monday through Friday between the hours of 7 a.m. through 7 p.m. and
includes designated transit stop locations. Multiple transit routes or types of transit vehicles may not
be added cumulatively under this definition for the purpose ofparking reductions.
1'3 DEFINITIONS OFSIGNS
Copy Area: The area computed by surrounding each Identification or Secondary Identification Sign with
a square or naotmnQ|e shape to determine said area, less the area within the square or rectangle
consisting of logo brand marks, swashes, simple lines, back plates, or other decorative touches.
Directional Sign: A sign which identifies the Miami Design District and which guides or directs the
public and contains noadvertising. Directional signs may becombined with address Signs but shall
bear noadvertising mmtter, and may bedirected tVguide area visitors to entrencea, mwito, retailer/
tenants, orParking Areas. The words "advertising matter" shall not beconstrued toinclude graphic
logos orregistered trade names.
Notice and Warning Sign: Signs limited to providing notice concerning posting of property against
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DOCUMENT.
F1S
MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
trespass; directing deliveries; indicating the location of buried utilities; warning against hazardous
conditions; prohibiting salesman; peddlers, or agents; and the like.
Secondary Identification Sign: A Sign limited to the name or registered trade name of a Building,
institution or person, whether natural or corporate person.
Sign Area: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface
of the Building or Structure. The area and dimension of the Sign shall encompass a regular geometric
shape or a combination of regular geometric shapes, which form, or approximate, the perimeter of
all elements in the display, the frame, and any applied background that is not part of the architecture
of the Building. When separate elements are organized to form a single Sign, and are separated by
open space, the Sign area and dimensions shall be calculated by determining the geometric form
or combination of forms, which comprise all of the Sign area, including the space between different
elements, Tess the space attributed to any elements not comprising part of the Copy Area.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
F.20
M8WkMI21 APPENDIX F:KNh4M|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
ARTICLE 2. GENERAL PROVISIONS
2.1 PURPOSE AND INTENT
2.1.2. INTENT
The intent of the Miami Design District Retail Street Special Area Plan (SAP) is to guide the deaign,
construction and management ofa new retail pedestrian street and its surrounding city streets in the
Design District to ensure a high quality, mixed use, pedestrian experience. The control of Building loca-
tion, massing, and surface is intended to produce public space that is safe, comfortable and interesting
for pedestrians and attractive to high -end retail tenants. Pedestrian mobility is to be improved by an
enhanced Public Right -of -Way Streetscape and by the addition of a four block long Pedestrian Passage,
The public space of the Pedestrian Passage is of a scale that is intimate and episodic. The quantity and
materials of shared elements in the public spaces, such as pavement, signs and lighting are intended to
be minimized and receoaive, as the primary experience should bethat ofthe highly individualistic retail
stores. The Building Facade lines of the Miami Design O|*thot Retail Street SAP are drawn to support
the continuity nfthe existing Design District ntnaetvveU.hoform the sequential character ofthe pedestrian
street experience, and to give store tenants appropriate space distribution and visibility.
This document precedes the final architectural design and detailing, and infrastructure engineering, and
it is expected that adjustments may be necessary during implementation phases of design development
and construction documents,
The SAP is based on the Miami 21 Zoning Code, as amended through April 2012. and shall serve to
supplement the code. Where ntendmnjn set forth herein conflict with standards set forth in the code,
the standards inthis SAP shall govern.
The Miami Design District Retail Street SAP shall not constitute a precedent for the balance ofthe City
of &1imnni The mNsnnmte standards of this SAP should be considered unique with regard to the large
aggregation of property under multiple ownership committed to an integrated development plan, as well
anits unified design and management that will enable and ensure a coherent, high quality, and sustain-
able result.
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F21
M0IAM|21 APPENDIX F:M0[AM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall be maintained. In the
Established Setback Areas for the Design District, the First Layer does not exist. (See also Article 4.
Diagram 10 of the W1imrni Design District Retail Street SAP). Galleries and Arcades may be permitted
within the Second Layer in Established Setback Areas and shall not encroach into the Public Right -of -
Way except where otherwise permitted in the Miami Design District Retail Street SAP. Where a Gal-
lery or Arcade is permitted, the Established Setback shall only be maintained if m Gallery or Arcade is
provided. Where a Gallery orArcade is not provided, the setback for the underlying Transect Zone shall
be maintained.
Established Setback Areas include:
c. Design District
1. Boundary: All properties bounded on the east by Biscayne Boulevard; on the south by NE36th
Street; on the west by North Miami Avenue; and on the north by NE 41st Street.
Frontage Setback: Zero (0) feet
3.6 MEASUREMENT OF HEIGHT
3'5.3 Except as specifically provided herein, the Height |inndeUono of this Code oheU not apply to any roof
Structures for housing elavotons, bathrooms, stairways, 1anha, ventilating tmna, solar energy collectors,
nrsimilar equipment required to operate and maintain the Building (provided that such Structures shall
not cover more than twenty percent (20%) ofroof area fnrT4 and T5); nor to church spires, steep|ea,
be|friea, monuments, water 1owars. flagpoles, vents, or similar Struoturee, which may be allowed to
exceed the maximum Height by Waiver; no, to fire or parapet walls, which uhe|| not extend more than
five (5) feet above the maximum Height inT4 and T5 and ten (10) feat inT0and Districts.
3.6 OFF-STREET PARKING AND LOADING STANDARDS
3.6.1 Off-street Parking Standards
a. Off-street Parking requirements for the individual Trmnaect Zones mhoU be as set forth inArticle 4.
Table 4 of the Miami Design District Retail Street SAP. Where required off-street parking is based
on square footage of Use, the calculation shall only include Habitable Rooms and Habitable Space
occupied bvsuch Use. Off-street parking requirements within the Miami Design District Retail Street
OAP area may be calculated and provided for in aggregate for new orexisting Buildings.
b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as set forth
in Article 4. Table 5 of the Miami Design District Retail Street SAP.
c Required Parking for Adaptive Reuses maybe reduced nrexempted by Waiver for properties located
in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established,
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
or for historic sites and contributing Structures within designated historic districts.
d. Parking reductions shall not be cumulative except in T5 and T6. Parking reductions shall not ex-
ceed fifty percent (50%) of the total Off-street Parking required, except for Residential components
of projects within one thousand (1,000) feet of Metrorail or Metromover stations.
3.6.2 Off-street Parking Driveway Standards [RESERVED]
3.6.3 Additional Off-street Parking Regulations
General performance standards for Off-street Parking facilities:
a. Parking shall be implemented so as to provide safe and convenient access to and from public Thor-
oughfares which include movement lanes and Public Frontages.
b. Vehicular access through Residential properties for nonresidential Uses shall be prohibited.
c. Off-street Parking spaces shall be located with sufficient room for safe and convenient parking without
infringing on any public Thoroughfare or sidewalk.
d. Off-street Parking spaces whose locations require that cars back into movement lanes shall only be
permissible in T3 and T4 zones. Backing into Alleys shall be permissible in all Transect Zones.
e. Off-street Parking or loading area shall not be used for the sale, repair, or dismantling of any vehicle
or equipment, or for storage of materials or supplies.
f. Parking or storage of commercial trucks, buses, vans, sign trailers; trailers or semi -trailers for freight,
cargo; or the like shall not be permitted in any T3, T4, T5-R or T6-R Zone.
g.
Inoperable vehicles shall be stored only in storage facilities or other approved places where they
are completely concealed from public view.
h. Except in connection with permitted active continuing construction on the premises, construction
equipment such as earth moving machines, excavators, cranes, and the like shall only be allowed
in D1, D2 and D3, as allowed by this Code.
i. All Off-street Parking shall comply with applicable regulations related to lighting, paving, and drain-
age including the Miami -Dade County Code and the Florida Building Code.
Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones, except
T3 and T4, shall be used only by a valet parking operator.
k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to a
recorded covenant running with the property on which the facilities are located.
I. Where Lots are Abutting, underground parking may extend to Abutting blocks and Lots, including
under Thoroughfares.
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3.6.4 Calculation of Off-street Parking requirements related to number of seats.
Where parking requirements relate to number of seats and seating is in the form of undivided pevxs,
benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat. Where Park-
ing requirements relate to movable seating in auditoriums and other assembly nuonna. ten (10) square
feet of Floor Area shall be construed to be equal to one (1) seat except where otherwise speci-fied. Net
floor area shall be the actual area occupied by seating and related aisles, and shall not include acces-
sory unoccupied areas or the thickness of walls.
3.6.5 Valet Parking
Off-street Parking facilities maintained with valet parking shall beallowed generally, provided that the
minimum Off-street Parking requirements of this Code are satisfied and that an attendant shall remain
on duty during business hours or as long as the Principal Building is occupied.
Valet parking stations shall respond to demand within the Miami Design District Retail Street SAP area
and multiple valet stations may be provided on each block when such stations are operated under
unified management scheme. Each valet station mheU be permitted subject to review by the Miami
Parking Authority (MPA) to ensure that the proposed locations will not adversely affect the flow of tnoffio
unthe adjoining Thoroughfare.
3.6.9 Off-street Loading Requirements
a. Loading Standards, On -street loading shall beallowed inareas designated bvaignageomdhor|hnbed
intervals during specified hours.
1. Retail/Commercial Loading. On -street loading intended to service storefront retail and retail loca-
tions along the Pedestrian Passage shall be permitted within designated loading zones. Loading
within such designated zones shall not exceed 2Ominutes. Such loading activity shall occur only
between the hours of8a.nn. and 1Oa.m.
2. Express Parcel Delivery. On -street loading for express parcel delivery shall be allowed in specifi-
cally designated zones. Loading within such designated zones shall not exceed 15minutes and
shall occur only between the hours of80.nn.and Sp.m.
3'6'10 Off-street and On -Street Bicycle Parking Requirements
a. Off-street bicycle parking shall be provided for all T4, T5, T6, CS, Cl, Cl-HD, and D zones, as shown
inArticle 4.Table 4qfthe Miami Design District Retail Street SAP
b. After the first fifty (50) required bicycle spaces are puovided, additional npmoea may be reduced by
ona'haUL
cRequired bicycle parking shall meet the following standards:
1. Required bicycle parking shall be provided in a safe, accessible and convenient location.
2. Bicycle parking facilities shared bvmore than one Use are encouraged.
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AS ADOPTED - JULY 2012 REGULATING PLAN
3. Required bicycle parking facilities may be located within the project site or in a shared bicycle
parking facility subject to all the conditions for shared bicycle parking facilities below:
(a) Required bicycle parking for two (2)ormore adjacent sites may be satisfied by the same
bicycle parking facility used jointly provided that such right ofjoint use and maintenance
is evidenced by covenant running with the land or equivalent legal document establishing
the joint use.
(b) Required shared bicycle parking tacj|hi»a are to be located within 300 feet of any build-
ing's main entrance.
(c) The minimum number ofrequired bicycle parking iesatisfied bvall sites using the shared
(d) For the purposes of this oecUon, shared bicycle parking facilities are areas, |ocaUono,
orstructures designed to acoomnnodate, houoe, ob»ne, maintain or hold several bicycle
parking spaces.
4. When required off-street vehicular parking is covered, the required bicycle parking shall also be
5. When required bicycle parking is provided in racks, one (1) standard U-rack will accommodate
two (2) bikes and each rack must meet the following standards:
(a) The bicycle frame and one (1) wheel can be locked to the rack with a high security, U-
shaped shackle lock if both wheels are left on the bicycle;
(b) Abicycle six feet long can be securely held with its frame supported so that the bicycle
cannot be pushed or fall in a manner that will damage the wheels or components; and
(o) The rack must besecurely anchored,
8. When required bicycle parking is provided in |ockero, the lockers must be securely anchored.
7. Parking and maneuvering areas.
(a) Each required bicycle parking space must be accessible without moving another bicycle;
(b) There must be an aisle of at least five (5) feet wide behind all required bicycle parking to
allow room for bicycle maneuvering;
The area devoted to bicycle parking must be hard surfaced,
(d D. Aona (1) square foot directional sign shall be required if the bicycle parking area is not visible
from the street ormain building entrance. Said sign must beposted atthemain building entrance
indicating the location ofthe bicycle parking.
U. Within the Miami Design District Retail Street SAP area, Off-street bicycle parking requirements may
be satisfied by providing docking stations, available for use by the public at no cost, within the Public
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Rig Locations may be chosen to support Transit Oriented Development along Priority
e. Bicycle parking requirements shall be calculated in aggregate for new construction parking require-
mentsforthe Miami Design District Retail Street SAP area.
3.8 THOROUGHFARES
3.8.1 General Principles
b. Thoroughfare
3'13 SUSTAUNABVLITY
3.13.1Gememm|
a. Landscape requirements are as required inArticle 9 of the Miami Design DistrictRetail StreetSAP, this
code, and the City ofMiami Tree Protection regulations ofChapter 17of the City Code, aeamended
by the yWiarn| Design District Retail Street SAP Development Agreement. VVhana the Miami Design
District Retail Street SAP and this code is more restrictive than the Tree Protection regulations, the
Miami [}ooiQn District Retail Street SAP and this code shall apply.
b` New buildings |nthe Miami Design OisthctRebaUE8reet SAP shall conform toLEEDNOoartifica-
1� At the time ofBuilding Permit application, the owner shall submit:
a. Proof ofregistration with the Green Building Certification |nstituba, orequhvm|ent agency;
b. Asigned and sealed affidavit from mLEE[}Accredited Professional, orapplicable designation, stat-
ing thotthepvopnaedBui|dingiadea|gnadtoauhiove the required certification; and
n. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved,
2. At the time of Certificate of Occupancy application, the owner shall submit:
a. Proof ofcertification by the Green Building Certification |naUtute, or equivalent agency;
b. Abond posted in o form acceptable tothe City, in the amount indicated below;
i. Two percent(2Y6) ofthe total cost nfconstruction for a5U.DDO- 1OO.00Dsquare feet Building;
ii. Three percent (396)of the total cost ofconstruction for a 100.001 -2OO.00Osquare feet Building;
iii. Four percent (4%) of the total cost of construction for any Building greater than 200,000 square
feet; or
c. Proof ofpartial compliance from the Green Building Certification (ncdituha, or applicable agency,
which demonstrates the credits presently achieved. In mddition, m prorated portion of the full bond
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YNIAMI31 APPENDIX F:M0W\M|DESIGN DISTRICT RETAIL STREET SAP
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amourd, as indicated in subsection 3(b) above, shall be posted based on the number of remaining
credits needed to meet minimum certification requirements. The bond amount to be posted shall be
calculated as follows:
(credits remaining for certification / credits required for certification) x full bond amount = prorated
bond amount
3. Forfeiture ofBond
A bond under this Section 3.13.1 shall be forfeited to the City in the event that new Buildings
within the Miami Design District Retail Street SAP do not meet the LEED NO certification or
applicable certification. The City will draw down on the bond funds upon failure of the owner to
submit proof of LEEO NO certifica-tion in a form mooeotmb|m to the City within one (1) year of
the City'o issuance of the Cer-tificate of Occupancy for a new Building. If required certification
is not achieved but majority of the credits have been verified, the owner shall forfeit o portion
of the bond based on any outstanding credits which shall be calculated as follows:
(credits remaining for certification / credits required for certification) x full bond amount = bond
amount forfeited
Ifthe amount to be forfeited |agreater than fifty percent(5O%) of the full bond amount, the bond
shall be forfeited in its entirety. Funds that become available to the City from the forfeiture of the
bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code.
n. Affordable Housing Developments that qualify under Section 3.15, may elect to comply with the
sustainability requirements promulgated by the Florida Housing Finance Corporation, or its succes-
sor agency, in lieu of the requirements set forth in Section 3.13.1.b above.
d. The preservationofNatural Features ofland such eatrees, vegetation, geological, and other char-
acteristics ondthepreeervmUonoffemtureaofmrohaao|ogiom|si0nifioancemnadedaredtobeinthe
public interest. Said preservation may justify the na|axmUun of Setbacks or required Off-street Park-
ing by Waiver. The Zoning Administrator shall determine that the trees, vegetation, geological and
other natural characteristic, or archaeological features are in the Buildable Area of the Site and not
inSetback areas required for the development ofthe site.
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012
ARTICLE 4. STANDARDS & TABLES
THE NATURAL ZONE consists of lands approximat-
ing a wildemess condition, permanently set aside for
conservation in an essentially natural state.
THE RURALZONE consists of lands in open or cultivated
state or sparsely settled. These include woodland,
grassland and agricultural land.
THE SUB -URBAN ZONE consists of low -Density
areas, primarily comprised of Single -Family and Two
Family residential units with relatively deep Setbacks,
SIreetscapes with swales, and with or without Side-
walks. Blocks may be large and the roads may be
of irregular geometry to accommodate natural and
historic conditions.
THE GENERAL URBAN ZONE consists of a Mixed -Use
but primarily residential urban fabric with a range of
Building types including rowhouses, small apartment
Buildings, and bungalow courts. Setbacks are short
with an urban Streetscape of wide Sidewalks and trees
in planters. Thoroughfares typically define medium-
sized blocks.
lalTHE URBAN CENTER ZONE consists of higher Density
Mixed -Use Building types that accommodate retail and
office Uses, rowhouses and apartments. Anetwork of
small btocks has Thoroughfares with wide Sidewalks,
steady street tree planting and Buildings set close to
the Frontages with frequent doors and windows.
7 THE URBAN CORE ZONE consists of the highest
Density and greatest variety of Uses, including Civic
Buildings of regional importance. A network of small
blocks has Thoroughfares with wide Sidewalks, with
steady tree planting and Buildings set close to the
Frontage with frequent doors and windows.
rillTHE CIVIC ZONE consists of public use space and
facilities that may contrast in use to their surroundings
while reflecting adjacent Setbacks and landscape.
7 THE DISTRICT ZONE consists of the least regulated
Building and acco mmodates comme rcia I and industrial
Uses of a scale and with a Streetscape that facilitate
vehicular access.
REGULATING PLAN
44 f
Ili1
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1 a 1
1
•I I
a aR
I 1 i
LiJIiW
LiJIiW
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
LOT OCCUPATION
a Lul Arno
1,400 s f-25,000 et
1,203 s f
5,003 sf on
5,000 of. r n.
b Lit Welt
113IL on 150R rrn-
IBA min/53I rm"
50a rnn.
5011.1mn
e Ltd Comae
935%for SAP
035%fa SPP
03.5%M SAP
S13.516far SAP
d Flom Lol Rasa (RE1
576%eddenar f5Ldc
Benda'"
B(3lMi'Mimi Pubic
BarrAl-
e hanky, el keel Sefick
501hrlal
BO%on
TO%rm
70%fmf.
f Coen Spee Reeprenanls
O5%nm fa SAP&
irrproremenls
6.5%on v SAP
impra»menle
65%ken he SAP&
improvements
135%nenerWil
inpoverrenle
g [kng•r
36 dwrxe max
66 AJ¢re fan
150 du laze'
150 L Arose'
BUILDING SETBACK
a Pnrcipal Fred
1C R. max.' a ESA
10 A mac.' or ESA""'
10 A. nen.' a BA
10 A. mac' or ESA
b Sec. -dare Rm.'
10 fl ma, 'or ESA
r0A max.' or ESA
10*Mee of ESA
10lmax' a ESA
c Sxde
0A nin""
0A nn"
0A. rm"
3IL run "
7 Hare
20 El on
OA.ran "
0Ada1."
3l. on"
MATE FROMAGES
a Conoco, laws
,amokd
polibeed
,charted
pMrarld
5 Poch IL Faroe
pr eitded
potWed
wheeled
prdnbded
c Tame url
pr, rl
proMred
,heeled
prohAYd
d Facoarl
panted
gaoled
peme0ed
paroled
o. Sbap
peruf&ea
paroled
p'mAed
paroled
r Shnpfml
paneled {T4I.01
parmlled(f51.C)
panted put.,q
paneled (RI Td L.op
a4rr7
paroled
paroled"
ponied"
paroled"
h Made
,'pled
prrrilled"
paneled"
panelled"
BULBBG !EIGHT (STORIES)
a Robed ddAng
3 MU
2 am
5 rear•^^
2 en.
B new
2 on
12 e.c.
b. Chdo4dr6
2 max
c Bmeell Heed)
ASaang TS, T5 & T4 only
4 mac"!"
0 max •'/"
" Or as modfied in Diagram 9 or the Established Setback Area (ESA)
Note Refer to Article 5 for Specific Transect Zone Regulations.
Note: Bonus shall not be available for T6 properties abutting T3 properties (refer toArtide 3). T6-8 win of NE 40th St shall allow only two additional
Stones and T6-12 north of the mid -Block of NE 39th and NE 40th Streets shall be limited to two additional Stories.
re11 A 5'-0" Setback is required when adjacent Buildng has a Setback.
ee"' T5 fronting NE 42nd Street shall have a minimum ten (10'-0') Setback and an additional five (5-0') Setback at the second Story.
T5 north of NE 41st St shall be a maximum height of fifty (50'-0') feet.
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MIAMI 21
AS ADOPTED - JULY 2012
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
T4 - GENERAL URBAN ZONE
OPEN
DENSITY (UPA)
RESIDENTIAL
36 UNITS PER ACRE
Residential Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 1.5 spaces per principal Dwelling Unit
• Ancillary Dwelling - Minimum of 1 parking space per ancillary dwelling unit
• Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit
• Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents.
• Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s).
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
LODGING
Lodging Uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 lodging units.
• Minimum of 1 additional parking space for every 5 lodging units.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
OFFICE
Office Uses are permissible as listed in Table 3.
• Minimum of 3 parking spaces for every 1,000 s.f. of office use.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
COMMERCIAL
Commercial Uses are perriSaible as listed in Table 3, limited by compliance with:
• A maximum area of 40.000 square feet per establishment.
• Minimum of 3 parking spaces for every 1,000 square feet of commercial use.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required (before any reductions). See also Article 3,6.10.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
CNIC
Civic Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 1 parking space for every 5 seats of Assembly Use.
• Parking requirerent may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking for Civic Uses may be provided off -site within a distance of 1,000 feet.
EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 3 parking spaces for every 1,000 square feet of Educational Use.
• Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students
in grades 11 and 12 or College/University.
• Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients
cared for.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012
REGULATING PLAN
T5 - URBAN CENTER ZONE
OPEN
DENSITY (UPA) 65 UNITS PER ACRE
RESIDENTIAL
Residential Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 1.5 spaces per Dwelling Unit
• Minimum of 1 additional visitor parking space for every 10 Dwelling Units
• Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit
• Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents.
• Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s).
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within % mile radius of TOD and within %. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet .
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book
LODGING
Lodging Uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 lodging units.
• Minimum of 1 additional parking space for every 10 lodging units.
• Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space
for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within % mile radius of TOD and within %. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
OFFICE
Office Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 3 parking spaces for every 1,000 square feet of Office use.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within % mile radius of TOD and within '/. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
COMMERCIAL
Commercial Uses are permissible as listed in Table 3, limited by compliance with:
• A maximum area of 55,000 per establishment with one 120,000 square foot establishment, maximum.
• Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space
for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within % mile radius of TOD and within '/. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Commercial Auto -related, Drive-Thru or Drive -In Facilities - See Article 6.
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
F.31
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MIAMI 21
AS ADOPTED - JULY 2012
DENSITY (UPA)
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
T5 - URBAN CENTER ZONE
OPEN
65 UNITS PER ACRE
EDUCATIONAL
Educational Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 3 parking spaces for every 1,000 square feet of Educational Use.
• Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking spcae per 5 students
in grades 11 and 12 or College/University.
• Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients
cared for.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within A mile radius of TOD and within Y4 mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012
DENSITY (UPA)
REGULATING PLAN
T6 - URBAN CORE ZONE
OPEN
160 UNITS PER ACRE
RESIDENTIAL
Residential Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 1.5 spaces per Dwelling Unit
• Minimum of 1 additional visitor parking space for every 10 Dwelling Units
• Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit
• Adutt Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents.
• Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s).
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within'4 mile radius of TOD and within'/. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
LODGING
Lodging Uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 lodging units.
• Minimum of 1 additional parking space for every 10 lodging units.
• Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space
for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter.
- Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within'4 mile radius of TOD and within''/. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots Identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
OFFICE
COMMERCIAL
Office Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 3 parking spaces for every 1,000 square feet of Office use.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required See also Article 3.6.10,
• Parking ratio may be reduced within % mile radius of TOD and within Y. mile radius of a Transit Corridor by thirty percent (30%) .
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
Commercial Uses are permissible as listed in Table 3, limited by compliance with:
• A maximum area of 55,000 sf per establishment, except one 120,000 maximum square foot establishment and one 160,000 maximum sf
establishment will be allowed in T6-12 and above.
• Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space for
every 2,000 square feet for the first 20,000 sq. feet, and 1 parting space per 10,000 sq. feet thereafter.
• Parking requirement may be reduced according to the shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Auto -related - Drive-Thru or Drive -In Facilities - See Article 6.
• Parking ratio may be reduced within'4 mile radius of TOD and within Y. mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1,000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book.
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F.33 DOCUMENT.
MIAMI 21
AS ADOPTED - JIILY 2012
DENSITY (UPA)
EDUCATIONAL
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
T6 - URBAN CORE ZONE
OPEN
160 UNITS PER ACRE
J
Educational Uses are permissible as listed in Table 3, limited by compliance with:
• Minimum of 2 parking spaces for every 1,000 square feet of Educational Use.
• Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking spcae per 5 students
in grades 11 and 12 or College/University.
• Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients
cared for.
• Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10.
• Parking ratio may be reduced within % mile radius of TOD and within % mile radius of a Transit Corridor by thirty percent (30%).
• Parking may be provided by ownership or lease offsite within 1000 feet.
• Loading - See Article 4, Table 5
• Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking
Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book
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F.34 DOCUMENT.
MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
SHAKtU I'AHKINL, b I ANUA} L)
SHARING FACTOR
Function
with
Function
RESIDENTIAL RESIDENTIAL
LODGING LODGING
OFFICE O OFFICE
COMMERCIAL k At COMMERCIAL
The shared Parking Standards Table provides the method for calculating shared parking
for buildings with more than one Use type. It refers to the parking requirements that
appear in Table 4.
The parking required for any two Functions on a Lot is calculated by dividing the number
of spaces required by the lesser of the two uses by the appropriate factor from this
Table and adding the result to the greater use parking requirement.
For instance: fora building with a Residential Use requiring 100 spaces and a Commercial
Use requiring 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would
reduce the total requirement to 100 plus 16 spaces. For uses not indicated in this chart
on a mixed use lot, or within the mixed -use SAP area, a sharing factor of 1.1 shall be
allowed. Additional sharing is allowed by Warrant.
OFF-STREET PARKING STANDARDS
ANGLE OF
PAWING
ACCESS AISLE BOTH
ONE VAT
TRAFFIC
SINGLE LOADED
ONE BAY
TRAFFIC
DOUBLE LOADED
TWO BAY
TRAFFIC
DOUBLE LOADED
23ft
60
45
12.8 ft
10.8 ft
23 ft
11.8 ft
9.5 ft
23 ft
19.3 ft
Parallel 10 ft 10 ft
18.5 ft
20 ft
Standard stall 8.5 ft x 18 ft minimum
• Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a
two-way drive for parking area providing 10 or more stalls.
• Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle.
• Allowable slopes, paving, and drainage as per Florida Building Code.
• Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility
is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and
15 feet Commercial and Industrial.
• Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet
in length between the Base Building Line and dispenser.
• For landscaping requirements of parking lots, refer to Miami -Dade County Landscape Ordinance
and the City of Miami Off-street Parking Guides and Standards.
LOADING BERTH STANDARDS
T4, T5, T6
RESIDENTIAL'
LODGING
OFFICE
COMMERCIAL"
Berth Size Loading Berths
420 sf 1 per First 100 units
240 1 per each additional 100 units or
sf
fraction of 100.
Berth Size Ling
rth
420 sf 1 per 300
240 sf rooms
1 per 100
rooms
From 25,000 sf to 500,000 sf
Berth Size Loading Area
420 sf Berths 50K sf - 120K sf
420sf lst 120Ksf-250Ksf
2nd
F.35
NOTES
Berth Types
Residential*: 240 sf = 10 ft x 20 ft x 12 ft
Commercial**: 420 sf = 12 ft x 35 ft x 15 ft
* Residential and Lodging loading berths shall
be concealed within a building.
1 Commercial berth may be substituted by
2 Residential berths
A required Commercial loading berth may be
substituted be a lesser loading berth, if the
size character, and operation of the Use is
found to not require the dimensions specified
and the required loading berth dimension
could not otherwise be provided according
to the regulations of this Code. Commercial
berths may be shared by retail in same or
abutting block.
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
a. Common Lawn: a Frontage wherein the Farrarla is set back sub-
stantially stantially from the Frontage Line The front yard created remains
unfenced and is visually continuous with adiaoent yards, supporting
a common Iardiscape. The Setback can be densely la rxisr aped to
buffer from higher speed Thoroughfares
SECTION
LOT
PRIVATE ►
Frontage
PLAN
R.O.W. LO R.O.W.
PUBLIC PRIVATE 4 PUBLIC
Frontage Fro Frontage
b. Porch 8 Fence: a Frontage wherein the Facade is set back fran
the Frontage Line with an attached Porch permitted to encroach. A
fence at the Frontage Line maintains the demarcation of the yard
while net blocking view into the front yard.
c. Terrace or Light Court: a Frontage wherein the Facade is set back
from the Frontage Line by an elevated terrace or a sunken light
court. This type buffers residential use from urban sidewalks and
removes the private yard from public encroachment. The raised
terrace is suitable for outdoor cafes.
d. Forecourt: a Frontage wherein abortion of the Facade is close
to the Frontage Line with a portion set back. The forecourt
with a large tree offers visual and environmental variety to
the urban Streetscape. The Forecourt may dcuurimodate a
vehicular drop off.
e. Stoop: a Frontage wherein the Fay is aligned close to the
Frontage Line with the first Story elevated from the sidewalk
sufficiently to secure privacy for the windows. The entrance is
usually an exterior stair and landing. This type is recommended
for ground -floor Residential Use.
f. Shopfront: a Frontage wherein the Facade is aligned close to the
Frontage Line with the Building entrance at sidewalk grade. This
type is conventional for retail Use_ It has substantial glazing at the
sidewalk level and an Awning that may overhang the sidewalk.
g. Gallery: a Frontage wherein the Facade is aligned close to the
Frontage Line with an attached cantilevered or a lightweight
colonnade overlapping the sidewalk. This type is conventional for
retail Use. The Gallery shall be no less than 15' feet wide and may
overlap the whole widh of the sidewalk to within 2 feet of the curb.
Permitted by Special Area Plan
h. Arcade: a Frontage wherein the Facade ind r riPs a colonnade that
overlaps the sidewalk, while the Facade at sidewalk level remains
at the Frontage Line. This type is conventional for retail Use. The
arcade shall be no less than 15' feet wide and may overlap the
whole width of the sidewalk to within 2 feet of the curb. Permitted
by Special Area Plan.
IV.21
F.36
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
This Table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program.
Civic Space Types should be at the ground level, landscaped andlor paved, open to the sky and shall be open to the public. Civic Space Types may be publicly or
privately owned. Open Space requirements for each zone are described in Arlicle 5.
a. Park: A natural preserve available for unstructured and structured recreation programs. A Park may
be independent of surrounding Building Frontages. Its landscape may be naturalistic and consist of
paths and trails, meadows, woodand, sports fields and open shelters. Parks may be Conservation
Areas, preserving natural conditions and their size may vary.
b. Green: An Open Space, available for unstructured recreation programs. A Green may be spatially
defined by landscaping rather than Building Frontages. Its landscape shall consist of lawn and trees,
naturalistically dsposed The minimum size shall be one acre and the maximum shall be 4 acres
c. Square: An Open Space available for unstructured recreation programs and civic purposes. Asquare
is spatially defined by Buildng Frontages with streets on at least one Frontage. Its landscape shall
consist of pavement, lawns and 1 rees, formally cisposed. Squares shall be located at the intersection
of important Thoroughfares. The minimum size shall be 1T3 acre and the maximum shall be 2 acres.
d. Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be
spatially defined by Building Front ages and may include street Frontages. Its landscape shall consist
alma ity of pavement andtrees. Plazas shall be located at the intersection of important Thoroughfares.
The minimum size shall be 1/8 acre and the maximum shall be 2 acres
e. Courtyard / Garden: An Open Spars. spatially defined by Buildings and street walls, and visually
accessible on one side to the street.
f. Playground: An Open Space designed and equipped for the recreation of children A Playground
shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential
areas and may be placed within a Block. Playgrounds may be included within Parks and Greens
There shall be no minimum or maximum size.
g. Pedestrian Passage: An Open Space connecting other public spaces, that is restricted do pedestrian
use and limited vehicular access, of a minimum width of 20 feet In the Miami Design District
Retail Street SAP, a Pedestrian Passage connects a south plaza accessed via NE 39th Street
and a north plaza accessed by NE 41st Street. Two cross -Block accessways shall be provided to
connect NE 38th Street and the south plaza. The east accessway may be roofed, with a minimum
floor to ceiling Height of fourteen (14) feet. Building walls enfronting a Pedestrian Passage shall
have frequent doors and windows. In T6 -36, T6-48, T6-60 and T6-80, the Pedestrian Passage
may be sheltered or roofed.
h. Community Garden: A grouping of garden plds available for small-scale cultivation, generally to
residents of apartments and other dwelling types without private gardens. Community gardens
should accommodate individual storage sheds.
F.37
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MIAMI 21
AS ADOPTED - JULY 2012
a. THOROUGHFARE & FRONTAGES
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
Building
Private Lot
Private
Frontage
Public
Frontage
Vehicular Lanes Pubic
Frontage
Thoroughfare (R.O.W.)
Private
Frontage
Building
Private Lot
b. TURNING RADIUS
1-Racius at the Ctrb
2-Effective Turning Racus
d. LOT LAYERS
3' Layer 2" Layer
f. SETBACK DESIGNATIONS
Within the
Miami Design District
Retail Street SAP
Established Setback
A
•
L_
2
4
a
T
1'1
1-Front Setback
2-Sic Setback
3-Rear Setback
c. BUILDING DISPOSITION
3
1
3
2
1
J
1- Principal Buildng
2- Badktwlcng
3- Outbulctng
e. FRONTAGE & LOT LINES
i i i
i i 51
i 4 1 4 I
i i
i i
12
i4 414 31
1 I
i I
1 i
3 I 3 1
I
J
1-Frontage Line
2-Lot Line
3-Facades
4-Elevations
5-Streetsaeen
g. VISIBILITY TRIANGLE
Fig 1.
A1Thoropg aeinter-
sec:hcnrs with Bulking
Setbacks
Fig2.
At intersections of
driveways with Thor-
oughfare with no
Building Setbacks
10'k"
Fig 3.
At Thoroughfare in-
tersections with no
Building Setbacks
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
THIS PAGE LEFT INTENTIONALLY BLANK.
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F.39
08W\M|21 APPENDIX F:K8IAM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
ARTICLE S.SPECIFIC TQZONES
5.1 GENERALLY
5.1.1 This Article sets forth the standards applicable to development within the each Transact Zone located
within the Miami Design District Retail Street SAP area. Provisions of the Miami 21 Code modified
herein shall apply only within the Miami Design District Retail Street 8AF!
5.4 GENERAL URBAN TRANSECTZONES (T4)
5.4.1 Building Oispositiom(T4)
a. Newly platted Lots shall be dimensioned according to Illustration 5.4 of the Miami Design District
Retail Street SAP.
b. Lot Coverage by any Building shall not exceed the percentage listed in Illustration 5.4 and Article
4. Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings
only.
c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.4 and
in Article 4. Table 2 of the Miami Design District Retail Street SAP
d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may
be built on each Lot as shown in Article 4, Table 8 of the Miami Design District Retail Street SAP.
The Outbuilding ohoU be separated from the Principal Building by o nnininnunn often (10)femL
e. Setbacks for Principal Buildings shall be as set forth in Article 4, Table 2 and shown in Illustration 5.4
of the Miami Design District Retail Street SAP. Within the Established Setback Area for the Design
Oiotrict, there shall be no First Layer.
g-
FocadesnhmUbebuiltpara||n|0ooreoti|inearPhnnipa|FrnntaQeUneorpana|h:|kzMhebangantnfa
curved Principal Frontage Line, for a minimum fifty percent (50%) of its length.
The Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall b8aS
shown for Outbuildings in Illustration 5.4 of the Miami Design District Retail Street SAP.
h� Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.4 of
the Miami Design District Retail Street SAP, One (1)Story, non -habitable Accessory Structures, of
a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Build-
ing, whichever is greater, 3hoU be located in the Second or Third layer of the property and shall
be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear
Property Line.
5.4.2 Building Configuration (T4)
e. Development within Private Frontages shall comply with Article 4.Table 2and Illustration 5.4o{the
Miami Design District Retail Street SAP
b. Encroachments shall beallowed as follows:
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yNW\M|21 APPENDIX F:WUL4M|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
1. Each Awning and/or entrance Canopy shall be permitted to encroach to a maximum depth of
eight (8) feet or twenty five percent (25%) of the width of the Pedestrian Passage, adjacent Pub-
lic Right -of -Way, Sidewa|k, or public Alley, whichever is less. Such Encroachment shall further
be limited by the edge of the Sidewalk or by objects in the Public Right -of -Way such as treeo,
streeUmmpo, ed. al. Encroaching Awnings shall be light armature. Bottom edges nfAwnings
shall benolower than eight (8)feet above the pavemenVUooc Awnings ofthe quarter -sphere
type shall not bepermitted,
2. Open Balconies shall bepermitted boencroach into the Pedestrian Passage uphothree (3)feet
beyond the Building Facade for up to twenty five percent (25%) of the width of the Building Fa-
cade,
c. Unroofed screen enclosures shall be located within the Second or Third Layer only and shall have
a five (5) feet minimum side and rear Setback.
d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant
enclosures, shall be within the Second or Third Layer and concealed from view from any Frontage
or sidewalk by liner buildings, walls, Streetscreens, or opaque gates, These shall not be allowed as
Encroachments on any required Setback, except for Buildings existing as of the effective date of this
Code, where mechanical equiprnent, such as air conditioning units, punnpo, exhaust fans or other
similar noise producing equipment may be allowed as Encroachments in the Setback by Waiver.
e. Loading and service entries shall be accessed from Alleys when available. When a Lot has only
Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Prin-
cipal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and
Principal Frontage views by decorative walls or gates, commercial grade decorative wood or metal,
tile, artistic or non -advertising signage (including wayfinding signage), Streetscreens or art or green
Building Heights shaUbemeaauredinStnriesondnhaUconfonntoAnUcka4.Tob|e2andasshovvnin
Illustration 5A of the Miami Design District Retail Street 8AF\ The first -floor Elevation of Principal
Building shall be at average Sidewalk grade; a first -floor Residential Function should be at a minimum
Height of two (2) feet and a maximum Height of three and a half (3.5) feet for privacy reasons or as
regulated byFEMA.whichever ishigher, The height of the building shall beuptothree (3)Stories,
and a maximum of forty (40) feet to the top of the roof slab.
g. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Heightnecesooryto
conceal it, and o maximum Height offive (5)feot. Other ornamental Building features may extend
uptofive (5) feet above the maximum Building Height. Roof decks shall be permitted uptothe
maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions
up to ten (10) feet above the maximum Height for a stair, elevator or mechanical enclosure shall be
limited to twenty (20%) of the roof area.
h. Fences and vvaUn may be located at the Frontage Line an shown in Article 4, Table 8 of the Miami
Design District Retail Street SAP, Fences and walls shall be a maximum Height of four (4) feet at
the First Layer, except aluminum or iron picket and post Fences with or without masonry posts which
ahoU not exceed o maximum of six (8) feet in Height. Within the Second and Third Layern, Fences
and walls shall be a maximum Height of eight (8) feet.
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K8W\M|21 APPENDIX F:K8hAM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
All ground floor and roof top utility infrastructure and mechanical equipment shall be ounoeok:d
from public view. At the Building Fvontage, all equipment Such as baohflow praventera, aiannene
connections, and the like shall beplaced within the line Vfthe Facade orbehind the Etreetscreen..
Exhaust air fans and louvers may be allowed on the Facade only on Frontages above the first Floor
in o fashion that does not adversely impact the pedestrian experience. All service infrastructure
and utility elements, inc|uding, but not limited to, electrical transformers, telephone boxes, cable and
other utility boxea, utility wiring, meters, backflow preventers, condenoe,a, dumpsters and loading
docks, shall be screened from all Pedestrian Passage and street views by walls or gates. Loading
and service entries shall be accessed from subterranean garages or designated service areas.
Service, infrastructure and utility elements may becreatively concealed oremphasized. Rooftop ele-
ments, such as equipment, tanks, exits and elevator towers, shall be designed, housed orconcealed
as architectural elements worthy of public view as such elements shall be visible from the elevated
highway and surrounding Buildings.
5.4.3 Building Function & Qenadv(T4)
o. Buildings in T4 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables
3 and 4and Illustration 5.4ofthe Miami Design District Retail Street SAP. Certain functions ooshown
inArticle 4. Table 3ofthe Miami Design District Retail Street SAP shall require approval by Warrant
or Exception. Consult Article 0 of the Miami Design District Retail Street SAP for any supplemental
use regulations.
5.4.4 Parking Standards (T4)
a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District
Retail Street SAP.
b. Parking may beaccessed byanAlley when available.
o. Surface parking k]ts, covered parking and garages ahoU belocated within the Second and Third
Layers as illustrated in Article 4. Table 8 of the Miami Design District Retail Street SAP. Surface
parking lots, garages, Loading space and service areas shall bo masked fromthe Frontage byo
Streetnoreen as specified in Illustration 5.4 of the Miami Design District Retail Street GAF! A maxi-
mum one hundred per cent (10096) of the width of the Facade may be surface parking, covered
parking or garage, which shall align with or be set back from the Facade. Driveways and drop-Vffn,
including parking. may belocated within the Second Layer.
d. Underground parking may extend into the Second Layer. Ramps to underground parking shall be
within the Second and Third Layers, Underground structures should be entered by pedestrians from
a Building orthe Pedestrian Passage.
e. The maximum width at the Property Line of driveway on a Frontage shall be twelve (12) feet.
Shared driveway width combining ingress and egn8ao nhoU b8amaximum width of thirty-five (35)
feet atthe Property Line and may encroach into Setbacks. Two separate driveways onone Lot shall
have aminimum separation oftwenty (2D)feet, Any vehicular drive greater than twenty (2D)feet in
width ahm|| require o median ofnot less than three (3) feet in width between vehicular ingress and
egress travel lanes to enhance pedestrian safety.
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MLAK8|21 APPGND[XF: MLAM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
f. Tandem Parking on site should be encouraged,
g. Shared Parking shall be calculated according to Article 4, Table 5 for the Miami Design District Retail
Street SAP.
h. |nT4-Land T4-0 m minimum of one (1) bicycle rack space shall be provided for every twenty (20
vehicular parking spaces and may be in the Private Frontage or the Public Right -of Way in a fashion
consistent with the guidelines referenced in 3.6.1 0A of the Miami Design District Retail Street SAP.
Where Lobs are AbutUnB, underground parking may extend to Abutting Blocks and Lots, including
under Thoroughfares,
Above -grade parking may extend into the Second Layer above a first floor Liner with decorative Fa-
cade treatment matching the Liner Facade below oronart orgreen wall. Underground Parking may
extend above grade into a first floor Liner if the Building Facade /s designed to meet the Sidewalk
in such omanner that fully obscures the Parking Area.
5.4.5 Architectural Standards (T4)
m. Only permanent structures shall be allowed. Temporary Structures, such as mobile homes, construc-
tion trailers, travel trailers, recreational vehicles and other temporary structures, shall not be allowed
except as otherwise permitted by City Code.
b. The Facades onRetail Frontages shall be detailed anstorefronts with decorative Facade treatment
oranart orgreen wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story, with
the following exceptions:
Along NE 1st Avenue and NE 2ndAvenuo o reduction between forty nine percent (48%) and
thirty percent (30%) may be granted by SAP Permit with review by the UDRB,
Along NE39th Street, NE40th Street and NE41st Street.a reduction between forty-nineper,cent
(49%) and thirty percent (30%) may be granted by SAP Permit with review by UDRB. Requests
between twenty nine percent (29%) to a minimum of fifteen percent (15%) shall require an SAP
Permit and a recommendation of approval or approval with conditions by the UDRB.
Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted
bythe SAP Permit.
o. Roof materials should belight-colored, hi h-A|bedoorap|anbxdsurfauemndshaUconnplyvvithAnUde
3' Section 3.13.2 of this Code.
d. Building walls shall reinforce the continuity ofthe Pedestrian Passage bvtheir surfaces and bvtheir
establishment ofthe edge, but Building walls may curve, gng|e, or deviate from the straight line that
represents the Facade in the Miami Design District Retail Street SAP.
e. Each GhnofnontFocado may be on individual design. In the case VfAbutting 6hophontFocadeu'
their designs shall be coordinated. PmrtywaUs may extend beyond o[above the walls of Abutting
Buildings and shall be designed and finished as if they were intended to be permanent, as they may
be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings,
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AS ADOPTED - JULY 2012 REGULATING PLAN
g.
Entrance doors shall beadSidewalk grade orthe grade ofthe Pedestrian Passage, with the excep-
tion Uoentrance doors for existing Buildings and their additions.
The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies
shall be articulated with attention to materials and lighting given that the undersides ofsuch elements
are frequently more visible than the Facade.
5.4.6 Landscape Standards (T4)
o. Open Space shall be calculated on an aggregate basis for all of the new Building Lobs included an
part ofthe Miami Design District Retail Street SAP and shall buaminimum ofsix and ahalf percent
(6.5%) of the total new Building LotArea included at the time of adoption of the Miami Design District
Retail Street SAP and Development Agreement. Any parcel added tnthe K0iurn/ Design District Retail
SAPArea through the processes described in the Development Agreement shall provide a minimum
of ten percent (10%) of its total new Building Lot Area to the aggregate Open Space requirement.
Area under permanent kiosks shall not becalculated asOpen Space.
b. Please see Article 9for Additional Regulations,
6.4^7 Ambient Standards (T4)
a. Noise regulation shall be as established by the City Code.
b. Average lighting levels measured at the Building Frontage ohoU not exceed 2.0foot+cond|en Ut\.
Average Horizontal iUurninonne, measured at the Building Frnntage, where adjacent to TJ shall not
exceed 1.Ufc.
c Lighting of Building and Open Space of First and Second Layers shall complement the street lighting
ofAbutting public spaces.
d. The lighting fixtures of exposed rooftop parking shall be concealed by e parapet wall and shall not
beseen from surrounding streets.
e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls.
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MIAMI 21
AS ADOPTED - JULY 2012
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
- With rear vehicular
access
5,000 s.f. min.
1,400 s.f. min.
b. Lot Width
- With rear vehicular
access
50 ft. min.
16 ft. min.
c. Lot Coverage
93.5 % SAP aggregate
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front
Setback
50% min.
f. Open Space
Requirements
6.5 % min.SAP agg
improvements
&
g. Density
36 du/acre max.
BUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
10 ft. max. or Established
Setback
10 ft. max. or Established
Setback
0 ft-5'-On when adjacent
building has a setback.
d. Rear 20 ft. min.
OUTBUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
d. Rear
30 ft. min.
10 ft. min.
0 ft. or 5 ft. min. Abutting a
Setback
5 ft. min.
BUILDING CONFIGLIRATION
FRONTAGE
a. Common Lawn
b. Porch & Fence
c. Terrace or L.C.
d. Forecourt
e. Stoop
f. Shopfront
g. Gallery
h. Arcade
permitted
prohibited
permitted
permitted
permitted
permitted (T4 L & T4 0 only)
permitted
permitted
BUILDING HEIGHT
a. Principal Building
b. Outbuilding
3 Stories max. and 40 ft. max.
2 Stories max.
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4)
BUILDING PLACEMENT
Comer Lot j
Interior Lot
Corm Lot 1
Interior Lot
F.45
-4 ►4 ►4
2nd
Layer
3rd
I -
OUTBUILDING PLACEMENT
•
• � rr�
30 min. S min 2nd & 3rd
► 30'min'y
Max.
Height
1st 2nd
Layer
3rd
Layer
PARKING PLACEMENT
min.
3a%mat • 5, r
sNi
a
▪ r
rtirL t r
►; -t4
+ a
II
1st 2nd
Layer
BUILDING HEIGHT
3
2
LaYer
2
st
2nd & 3rd
Layer
Max.
Height
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MLAM|21 APPENDIX F:K8|AM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
5.5.1 Building Disposition (T5)
a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of the Miami Design District
Retail Street SAP.
b� Lot coverage byany Building shall not exceed the percentage listed in Illustration 5.5 and Article
4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new buildings
o. Buildings ahoU be disposed in relation to the boundaries of their Lots according to Illustration 5.5
and Article 4. Table 2 of the Miami Design District Retail Street OAR
d, Buildings shall have their principal pedestrian entrances on a Frontage Line or from a Courtyard at
the Second Layer,
e, For the minimum Height, Facades shall be built parallel to the Principal Frontage Lino along a mini-
mum of sixty percent (60%) of its length on the Setback line as shown in Illustration 5.5 of the Miami
Design District Retail Street 8AF! In the absence of Building along the remainder of the Frontage
line, a Streetscreen shall be built co -planar with the Facade to conceal parking and service areas.
f. At the first Story, Facades along a Principal Frontages should have frequent doors and windows.
g.
Setbacks for Buildings shall be as shown in Illustration 5.5 and set forth in Article 4. Table 2 of the
Miami Design District Retail Street SAP. Within the Established Setback Area for the Design Disthct,
there shall benoFirst Layer.
h. For sites with three hundred and forty (34O) feet Frontage length or more, m cross -Block passage
shall beprovided @sfollows: |fthe Frontage Line OfGsite is8t any point more than three hundred and
forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block connec-
tion. |fthe Frontage Line ofasite isatany point six hundred and fifty (05O)feet from aThoroughfare
intersection, avehicular cross -Block passage shall beprovided. Aoroos-B|ock connection shall not
be provided to exit onto NE 42nd Street.
5.5'2 Building Configuration (T5)
a. Development within Private Frontages shall comply with Article 4, Table 2 and Illustration 5.5 of the
K8im0| Design District Retail Street SAP.
b. Encroachments shall be allowed as follows:
1. At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred
percent (10O%)ofthe depth ofthe Setback, except anmay befurther allowed byChapter 54of
the City Code. Above the first Story, cant'ilevered Balconies, bay windows, and roofs may encroach
uptothree (3) feet ofthe depth ofthe Setback. Other cantilevered portions nfthe Building shall
maintain the required Setback, Above the eighth Story, no Encroachments are pernnitted, except
that Facade components promoting energy efficiency such as shading and Screening devices
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AS ADOPTED - JULY 2012 REGULATING PLAN
that are non -accessible may encroach a maximum of three (3) feet.
2. At the Second Layer, bay windows and roofs shall be at a maximum three (3) feet deep and may
encroach uphothirty percent (3OY6)nfthe depth ofthe Setback. Other cantilevered portions of
the Building shall maintain the required Setbacks. At the Second and Third Layers, bay windows,
chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the Setback,
At the Second and Third Layers, Balconies may encroach up to fifty percent (50%) of the depth
ofthe Setback.
3. Each Awning and/or entrance Canopy shall bepennifted to encroach to maximum depth of
eight (0) feet or twenty five percent (25Y6) of the width of the Pedestrian Passage. adjacent
Public Right -of -Way, Sidewalk, 0rpublic Alley, whichever is less. Such Encroachment shall be
further limited bythe edge Ofthe Sidewalk orbyobjects inthe Public Right -of -Way such as trees,
sdreet|mn`ps.e1o. Encroaching Awnings shall beolight armature, Bottom edges nfAwnings shall
be no lower than eight (8) feet above the pavement/floor. Awnings of the quarter -sphere type
shall not bepermitted.
4. Open Balconies shall be permitted to encroach into the Pedestrian Passage up to three (3) feet
beyond the Building Facade for up to twenty five percent (25Y6) of the width of the Building Fa-
cade.
o. Screen enclosures shall be located within the Second or Third Layer only and shall have a five (5)
feet minimum side and rear Setback when Abutting T3 or T4.
d. Loading and service entries shall be aucmoaad from Alleys when available and otherwise from the
Secondary Frontage. When Lots have only Principal Frontages, vehicular entries, Loading spaces
and service areas shall be permitted on Principal Frontages. Loading and service entries shall he
screened from all Pedestrian Passage and Primary Frontage views bvdecorative walls, gates or
8tmaetnoneens,
e. All outdoor sbonmge, e|mothca, p|umbing, mechanical, and communications equipment and appur-
tenant enclosures shall be located within the Second or Third Layer and concealed from view from
any Frontage orSidewalk byLiner Buildings, vvaUo. Gtnoetooneeno, uropaque gates. These shall not
beallowed asEncroachments.
g.
Building Heights shall be measured in Stories and shall conform to Article 4. Table 2 and be as
shown inIllustration 5.5ofthe Miami Design District Retail Street SAP. The first floor elevation shall
be at average Sidewalk grade. Afirst floor Residential Function should be raised a minimum of two
(2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade. Existing one
Story Structures shall be considered conforming and may be enlarged.
Mechanical equipment on a roof shall be enclosed by parapets of the nnininnunn Haight necessary
toconceal it and a maximum Height of five (5) feet. Other ornamental Building features may extend
up to ten (10) feet above the maximum Building Height. Roof decks ohoU be permitted up to the
maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions
up to ten (110) feet above the maximum Height for stair, elevator or mechanical enclosures shall be
limited to twenty (2096) of the roof area, unless approved by Waiver.
h� All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from
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AS ADOPTED - JULY 2012 REGULATING PLAN
public view. At the Building Fnontage, all equipment such as backflowpreventera. siarneseoonnoc-
donu' and the like oheU be placed within the line of the Facade o, behind the Stnaebscreen. Exhaust
air fans and louvers may beallowed nnthe Facade only onSecondary Frontages above the first floor
in a fashion that does not adversely impact the pedestrian experience, 8mn/ice, infrastructure and
utility elements may becreatively concealed oremphasized. Rooftop elements, such asequipment,
tanks, exits and elevator towers, shall be dooigned, housed or concealed as architectural elements
worthy nfpublic view aasuch elements shall be visible from the elevated highway and surrounding
i Etreetsonnenashall beaminimum ofthree and ahalf (3.G)feet inHeight and constructed nfamaterial
matching the adjacent building Facade or of masonry, commercial grade decorative wood or metal,
tile, artistic or non -advertising signage (including wayfinding), or art or a green wall, The8tneetsureen
may bereplaced byahedge orfence. 5traetnoreenoshall have openings nolarger than necessary
toallow automobile and pedestrian access. Stnsetacreeneshall belocated co -planar with the Build-
ing FenedaLino.8trnetscneanomorethanthnee(8)fnethighohaUbefiftvpercent(5OY6)pernneab|e
or articulated to avoid blank walls.
i Within the Second and Third Layens, fences and vvaUa ahoU not exceed a Height of eight (E) feet.
with the exception of Streetscreens masking loading docks.
5.5.3 Building Function 0^Density (T5)
a. Buildings in T5 shall conform to the Functions. Densities, and Intensities described inArticle 4.
Tables 3 and 4 and Illustration 5.5 of the yW\onni Design District Retail Street 8AF! Certain Functions
as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval
by Warrant or Exception. Consult Article O of the K4iGnni Design District Retail Street SAP for any
Supplemental Use regulations.
5.5.4 Parking Standmnds/T5\
a. Vehicular parking and loading oho]| be required as shown in Article 4, Tables 4 and 5 of the Miami
Design District Retail Street SAP.
b. On'etneetpadking available along the Frontage Lines that correspond to each Lot shall be counted
toward the parking requirement Ofthe Building on the Lot.
c Parking should be accessed by an Alley. Parking shaU, when avai|ab|e, be accessed from the
Secondary Frontage. Where Lots have only Principal Fnontagas, parking may beaccessed from
the Principal Frontages. When a Lot has only Principal Frontages, Drivevvays, Loading Docks and
service areas oheU be at the Second Layer and permitted on Principal Frontages,
d� All parking, open parking areas, covered parking, garages, Loading Spaces and service areas, shall
be masked from the Frontage by a Streetscreen as illustrated inArticle 4, Table 8 of the Miami Design
District Retail Street GAP Underground parking may extend into the Second Layer only if it is fully
underground. Ramps to underground parking shall be only within the Second and Third Layers,
Above ground parking may extend into the Second Layer with appropriate Facade treatment. For
any above ground parking structures located at the intersection of two ThorVughfanea, a retail liner
shall be provided for a minimum of fifty (50) feet in order to complement the surrounding architecture.
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AS ADOPTED - JULY 2012 REGULATING PLAN
Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the
length ofthe Primary Frontage upboamaximum offifty (5O)feet, except Interim Parking which may
be 100% of the length of the Primary Frontage and shall comply with all other applicable City Code
regulations.
e. The vehicular entrance ofoparking lot orgarage onaFrontage shall bon0wider than forty-five (45)
feet and the minimum distance between vehicular entrances shall be twenty (20) feet at the Property
Line and may encroach into Setbacks, Where the vehicular entrance exceeds thirty (30) feet in
vvidth, a median ofnot less than three (])feet in width ah@U be provided between vehicular ingress
and egress travel lanes toenhance pedestrian safety.
g.
Pedestrian entrances to all parking lots and parking structures shall be directly from a Frontage Line.
Underground parking structures should be entered by pedestrians directly from a Principal Building
nrthe Pedestrian Passage,
Buildings mixing Uses shall provide parking for each Use. Shored Parking shall be calculated ac-
cording to Article 4. Table 5 of the Miami Design District Retail Street SAP,
h. Underground parking may extend into the Second Layer. Ramps to underground parking ahoU be
within the Second and Third Layers. VVhena Lots are Abutting, underground parking may extend to
Abutting Blocks and Lots' including under Thoroughfares.
i Above -grade parking may extend into the Second Layer above afirst floor Liner with decorative Fa-
cade treatment matching the Liner Facade below or an art or green wall. Underground Parking may
extend above -grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk
in such amanner that fully obscures the Parking Area.
5.6.6 Architectural Standards (T5)
a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, construc-
tion trailers, travel trailers,recreational vehicles and other temporary Structures shall not be allowed,
except aaotherwise permitted bythe City Code and this code.
b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment
or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story, with
the following exceptions:
~ Along NE 1 st Avenue and NE 2nd Avenue a reduction between forty-nine percent (49%) and
thirty percent (3056)may begranted bySAP Permit.
Along NE 39th Street, NE 40th Street and NE 41 st Street, a reduction between forty-nine percent
(49%) and thirty percent(JO%) nmay be granted by SAP Permit with review by U0RB. Requests
between twenty nine percent (29%) to a minimum of fifteen percent (15%) shall require an SAP
Permit and a recommendation of approval or approval with conditions by UDRB.
Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted
by 8/\P Permit.
c. Roof materials should be UQht-cm|ored, highA|bedo or of planted surface and shall comply with
Article 3. Section 3.13.2 of this Code.
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AS ADOPTED - JULY 2012 REGULATING PLAN
d. The Facade of a Parking Garage that is not concealed behind a Habitable Liner shall be screened
toconceal all internal elements such onplumbing pipes, fans, ducts and lighting. Ramping should
beinternalized wherever possible. Exposed spandrels ahoU be prohibited. The exposed top level
of parking Structures shall be covered o maximum of sixty percent (5096) with a shade producing
Structure such as, but not limited to, a vined pergola or retractable canvas shade Structure.
e. Building walls shall reinforce the continuity ofthe Pedestrian Passage bvtheir surfaces and bvtheir
establishment ofthe edge, but Building walls may curve, angle, or deviate from the straight line that
represents the Facade in the Miami Design District Retail Street SAP.
9-
Each Shopfnond Facade may baonindividual design. |nthe case ofAbutting 5hopfnzntFacadeo.
their designs aho|| be coordinated. PartyvveUa may extend beyond Vrabove the vvo|b of Abutting
Buildings and shall be designed and finished eoif they were intended tobepermanent, anthey may
beseen from Thoroughfares, the Pedestrian Paasege, and from surrounding Buildings.
Entrance doors shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the excep-
tion to entrance doors for existing Buildings and their additions.
h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies
shall bearticulated with attention bzmaterials and lighting given that the undersides ofsuch elements
are frequently more visible than the Facade.
5.5.6 Landscape Standards (TS)
a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as
part ofthe Miami Design District Retail Street SAP and shall beominimum Vf six and ahalf percent
(6.5%)of the total new Building Lot Area included otthe time ofadoption ofthe Miami Design District
Retail Street SAP and Development Agreement. Any parcel added to the Miami Design District Retail
SAP Area through the processes described in the Development Agreement shall provide a minimum
of ten percent (10%) of its total new Building Lot Area to the aggregate Open Space requirement.
Area under permanent kiosks shall not becalculated ooOpen Space.
5.5.7Ambient Standards (T5)
a. Noise regulations shall be as established in the City Code.
b. Average lighting levels measured at the Building Frontage shall not exceed 5.0/oot-oondkaa (fc).
Average horizontal iUuminonoe, measured at the Building FrontaOe, where adjacent toT3 shall not
exceed 1.Ofc.
o. Lighting of Building and contingent Open 8pooeo shall becomplementary with the street lighting
of Abutting public spaces as illustrated in Article 8 of the Miami Design District Retail Street SAP.
Interior garage lighting fixtures shall not bevisible from streets.
d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not
be seen from surrounding streets.
e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls.
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MIAMI 21
AS ADOPTED - JULY 2012
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
- With rear vehicular
access
5,000 s.f. min.
1,200 s.f. min.
b. Lot Width
- With rear vehicular
access
50 ft. min.
16 ft. min.
c. Lot Coverage
93.5 % SAP aggregate
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front
Setback
70% min.
f. Open Space
Requirements
6.5 °% min.SAP agg & improvements
g. Density
65 du/acre max.
BUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
d. Rear
10 ft. max. or Established Setback
See Art 4 Table 2 for add'I limitations
10 ft. max. or Established Setback
0 ft. min.
0 ft. min.
e.Abutting SideorRearT4
6 ft. min.
Abutting Side or RearT3
10% of Lot depth** min.1" through
2nd Story
26 ft. min. above 2ndStory
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
b. Porch & Fence
c. Terrace or L.C.
d. Forecourt
e. Stoop
f. Shopfront
g. Gallery
prohibited
prohibited
prohibited
permitted
permitted
permitted (T5 L & T5 O only)
permitted
h. Arcade
permitted
BUILDING HEIGHT
a. Min. Height
b. Max. Height
2 Stories
5 Stories. See Art 4 Table 2 for add'I
limitations
c. Max. Benefit Height
1 Story Abutting D1
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
Corner Lot 1
Interior Lot
Comer Lot
Herb Lot
ILLUSTRATION 5.5 URBAN CENTER TRANSECTZONES (T5)
1 BUILDING PLACEMENT
,Seca dary From
I �t 1st
er
Wi
d
0, min Lam"^i
Max. Benefit
Height
Max
Height
M
He
end
Tiffer
znd
Layer
3rd
Layer
3rd
layer
BUILDING HEIGHT
6 T
14.
T
5;
4
3 i
21
Y min. w
ABUTTING SIDE & REAR D1
x
8.
5
ght
4
3
gN
►
2
t i 0' min. ►i
ABUTTING SIDE & REAR All ZONES EXCEPT T4 & T3
5
=, 4
3
2 �
I I
5
26' min
3
2 10% of Lot d
pot -
ABUTTING SIDE & REAR T4 ABUTTING SIDE & REAR T3
"10% of Lot depth for Lots more than 120' c
6' min for Lots less than 120' deep
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5.6.1 Building Disposition (TG)
a. Lot coverage by any Building shall not exceed the percentage listed in Illustration 5.6 and Article
4. Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings
only.
b. Buildings DAo|) be disposed in relation to the boundaries of their Lots according to Illustration 5.6
and the standards set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP.
o. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a courtyard at
the Second Layer.
d. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a mini-
mumofsixtvperoont(6O%)ofhs|enothontle Setback line asshown inIllustration 5.0ofthe Miami
Design District Retail Street SAP. In the absence of Building along the remainder of the Frontage line,
a Otroetsureen shall be built co -planar with the Facade to shield parking and service areas. In the
case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building
corner may remade from the designated Setback up to twenty percent (20Y6) of the Lot length.
e. Setbacks for Buildings shall be as shown in Illustration 5.6 and set forth inArticle 4' Table 2 of the
Miami Design District Retail Street SAP. Within the Established 8etbankAreafor the Design District,
there shall UenoFirst Layer. For TO-Oand TO'12.Frontage Setbacks above the eighth floor for Lots
having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0)
feet. ForT0'12. T6'24. TO- 36' T6-48. TO-OO and T6-80. the Frontage Setbacks above the eighth
floor shall not be required for Frontage facing o Civic Space or Right -of -Way seventy (70) feet
or greater in width At property lines Abutting a |OVverT[8nseCt Zone the Setbacks shall reflect the
transition as shown in Illustration 5.6 of the Miami Design District Retail Street GAP
Above the eighth floor, minimum building spacing is sixty (60) fee1, except that where the Building
abutaT5 the sixty (0D)feet required spacing above the fifth floor shall ba2Ufeet. For TO-12.TO-24.
T8'36.T8-48 T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and
rear Setbacks above the eighth floor may bereduced tnaminimum oftwenty (2O)feet.. ForT6-12,
T6'24.T6-30 T6-48, T6-60 and T6-80 above the eighth floor in the Second Layer, at a setback of ten
(10) feat, an additional two stories ofhabitable space may extend a maximum sixty percent(OUY6)
ofthe length ofthe street Frontages. For TO-12.TO-24.TO-3O.T0-48.TO-SOand TO-8Oabove the
eighth floor an additional six feet of non -habitable space may be allowed without ad-ditional setback
to accommodate depth of swimming pon|a. landscaping, transfer beams, and other structural and
mechanical systems.
Above the fifth floor, for Lots in T6-12 west of NE 1 stAvenue, where Height shall be limited to twelve
(12) Stories and the Building is adjacent to a TS Lot, Building side Setbacks may be a minimum of
ten (10) feet and no Building separation shall be required.
Above the ei0hVlflnor,forLnh;|nT6-12wxestofNE1stAvenue.whereHeightshaUbe|imitedhofour-
teen (14) Stories and the Building is adjacent to a T6 Lot, Building side Setbacks may be a minimum
of fifteen (15) feet and the minimum Building separation may be reduced to thirty (30) feet, Closed
stairs and open balconies may encroach up to five (5) feet into the Setback by SAP Permit.
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AS ADOPTED - JULY 2012 REGULATING PLAN
g.
For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall
beprovided asfollows: :|fthe Frontage Line ofasite inatany point more than three hundred and
forty (340) feet from a Thoroughfare intersection, the Building shall provide a oroso-B|ooknonneo-
tion. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare
intersention, avehicular cross -Block connection nhe|| be provided. Such a cross -Block connection
may be covered above the first floor by a maximum of twenty-five percent (2596) of its length with
Structures connecting Bui|dings, such as a terrace, pedestrian bridge or vehicular bridge. In all T0
zones, across Block connection may beroofed.
5.6.2 Building Configuration (TS)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and Illustration 5.6 of the
Miami Design District Retail Street SAP.
b� Above the eighth floor, the Building F|oorp|atedinnenaions shall be limited as follows:
1. 15,000 square feet maximum for Residential Uses in T6-8, T6-12 and T6-24
2. 18.0OOsquare feet maximum for Residential Uses inT8-30.TO-48.T0-0Oand T0-8O
1 3U.UOOsquare feet maximum for Commercial Uses and for parking
4. 18Ufeet maximum length for Residential Uses
5. 215 feet rnaxinlunn length for Commercial Uses
c Encroachments shall beoofollows:
1. At the First Laver, cantilevered Awnings and entry canopies may encroach up to one hundred
percent (100%) of the depth of the Setback, except as may be further allowed by Chapter 54 of
the City Code. Above the first Story, cantilevered Balconies, bay windows, and roofs may encroach
uptothree /3>feet ofthe depth ofthe Setback. Other cantilevered portions ofthe Building shall
maintain the required Setback, Above the eighth Story, no Encroachments are permitted, except
that Facade components promoting energy efficiency such as shading and Screening devices
that are non -accessible may encroach amaximum ofthree (3)feet.
2. At the Second Layer, bay windows and roofs shall be at a maximum three (3) feet deep and may
encroach up to thirty percent (30%) of the depth of the Setback. Other cantilevered portions of
the Building shall maintain the required Setbacks. Atthe Second and Third Loyero, bay windows,
chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the Setback.
AttheGeoondandThirdLayers.Ba|oonieunneyenoroeohuptofiftypernent(5O%)ofthedepth
nfthe Setback.
3. Each Awning and/or entrance Canopy shall be permitted to encroach to a nnaxinnunn depth of
eight (8) feet or twenty five percent (25Y6) of the width of the Pedestrian Passage, adjacent
Public Right-of-VVay.Sidewalk, orpublic Alley, whichever ioless. Such Encroachment shall be
further limited by the edge of the Sidewalk or by objects in the Public Right -of -Way such as trees,
otreet|annps.etc. Encroaching Awnings shall be a light armature. Bottom edges of Awnings shall
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be no lower than eight (8) feet above the pavemenUfoorAvvninga of the quarter -sphere type
shall not bepermitted.
4. Open balconies shall be permitted to encroach into the Pedestrian Passage upbnthree (5) feet
beyond the Building Facade for up to twenty five percent (2596) of the width of the Building Fa-
cade.
d. All outdoor storage, electrical, p|unnbing, mechanical and communications equipment and appur-
tenant enclosures shall be located within the Second or Third Layer and concealed from view from
any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not
beallowed aoEncroachments.
e. Loading and service entries shall be accessed from Alleys when available, and otherwise from the
Secondary Frontage. Loading spaces and service areas shall be internal to the building, except for
TO-12Lots west of NE1stAvenue where Loading shall beopen but buffered bvahighly decorative
vvoU or screen and permitted by SAP Permit. Where Lots have only Principal Frnntages, vehicular
entries, Loading Ducks and service areas shall be permitted on Princi-pal Frontages. Loading
and service entries shall be screened from all Pedestrian Passage and Primary Frontage views by
decorative walls or gates or Streetscreens.
Q.
Building Heights shall be measured in Stories and shall conform to Article 4. Table 2 of the Miami
Design District Retail Street SAP and be allocated as required in Illustration 5.Oofthe Miami Design
District Retail Street SAP. First -floor elevation shall be at average Sidewalk grade. A first level Resi-
dential Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5)
feet above average Sidewalk grade, Existing one Story Structures shall be considered conforming
and may beenlarged.
Mechanical equipment on a roof ahoU be enclosed by parapets of the minimum Height necessary
to conceal it. Other enclosures for housing etoire, bothroonno, elevators or mechanical equipment
orfor ornamental Building features may extend uptoten (10) feet above maximum height for TO-8
and T6'12. Roof decks shall be permitted up to the maximum Height. Trellises may extend above
the maximum Height uptnfourteen (14) feet.
h. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from
public view. At the Building Frontmge, all equipment such as baokMovv pnaventers, oiumeae connec-
tions, and the like shall be placed within the line of the Facade or behind the Streetscreen. Exhaust
air fans and louvers may be allowed on the Facade above the first floor in a fashion that does not
adversely impact the pedestrian experience. Gen/ice, infrastructure and utility elements may be
creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and eleva-
tor towers, shall be designed, housed or concealed as architectural elements worthy ofpublic view,
as such elements ohoU be visible from the elevated highway and surrounding tall Buildings.
i. Streetscreens or fences shall be a minimum of three and a half (3.5) feet in Height and constructed
of material matching the adjacent Building Facade or of masonry, wrought iron or aluminum. The
Streetscreen may be replaced by a hedge, Streetscreens shall have openings no larger than neces-
sary to allow automobile and pedestrian access. Streetsnreens ahmU be located co -planar with the
Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable
or articulated to avoid blank walls.
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i Within the Second and Third Lmvers, fences and vvm||s shall not exceed m Height of eight (8) feet'
with the exception of Streetscreens masking loading docks.
5.6'3 Building Function &[Jensitn (TG)
a. Buildings in T5 ohmU conform tothe Funcdona. Densities, and Intensities described inArticle 4.
Ta-bles 3 and 4 and Illustration 5.6 of the Miami Design District Retail Street SAP. Certain Functions
as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval
by Warrant or Exception. Consult Article 6 of the Miami Design District Retail Street SAP for any
supplemental regulations.
b. The calculation of the FLR shall not apply to that portion of the building that is entirely below base
flood elevation.
5.6.4 Parking Standards (T6)
a. Vehicular parking and loading mhoU be required as shown in Article 4. Tables and 5 of the Miami
Design District Retail Street SAP.
b. On -street parking available along the Frontage Lines that correspond toeach Lot shall be counted
toward the parking requirement of the Building on the Lot.
c Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Frontage
when available. VVhena Lots have only Principal Frontages, parking may beaccessed from the
Principal Frontages. When g Lot has only Principal Frontages, Or|vevxgyS. vehicular entries, Load-
ing Docks and service areas shall be at the Second Layer and permitted on Principal Frontages.
d. Primary Frontage. All parking, open parking areas, covered parking, garages, Loading Spaces and
service ansan. with the exception ofdrop-off drives and porte-oochenae, shall be located within the
Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated
inArticle 4 Table 8ofthe Miami Design District Retail Street SAP. Parking, drop-off drives and porte-
cocheres nmayextendintnthe Second Layer with appropriate Facade nrLandscape treatment. For
any above or below ground parking structures located at the intersection of two Thoroughfareo, a
retail Liner shall be provided for a minimum nffifty feet (5U') in order tocomplement the surrounding
architecture. Surface parking may extend into the Second Layer a maximum of twenty five percent
(25%) of the length of the Primary Frontage up to e maximum of fifty (50) feet. except for Interim
Parking which may be 10096 of the length of the Primary Frontage and shall comply with all other
applicable City Code regulations.
e. Underground parking may extend into the Second Layer, Ramps to underground parking shall be
within the Second or Third Layers.
The vehicular entrance of parking Lot orgarage on a Frontage shall be nowider than forty-five
(45) feet and the nnininnunn distance between vehicular entrances shall be twenty (20) feet at the
Property Line and may encroach into Setbacks. Where the vehicular entrance exceeds thirty (5O)
feet inwidth, a median ofnot less than three (3) feet inwidth shall be provided between vehicular
ingress and egress travel lanes toenhance pedestrian safety.
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K0IAMI31 APPENDIX F:08IAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
A.
Pedestrian entrances to all parking Lots and parking structures shall be directly from a Frontage Line.
Underground parking structures should be entered by pedestrians directly from a Principal Building
nrthe Pedestrian Passage,
h. Buildings mixing uses shall provide parking for each Use. Shared Parking shall be calculated ac-
cording
i Where Lots are Abutting, underground parking may extend to Abutting Blocks and Loh;, including
under Thoroughfares.
Above -grade parking may extend into the Second Laver above o first floor liner with decorative fa-
cade treatment matching the liner facade below nren art or green wall. Underground parking may
extend above grade into a first floor liner if the Building Facade is designed to meet the Sidewalk in
such amanner that fully obscures the Parking Area,
5.6.5 Architectural Standards (TO)
a. Only permanent structures shall be allowed. Temporary struutureo, such as mobile homes, con-
struction tnai|ern, travel trai|ens, nmcnaaUono| vehicles and other temporary sdruotures, shall not be
allowed, except asotherwise permitted bythe City Code and this code.
b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment
or an art orgreen wall, and glazed no less than fifty per cent (50Y6) of the Sidewalk -level Story, with
the following exceptions:
° Along NE 1st Avenue and NE 2ndAvenue a reduction between forty-nine percent (4896) and
thirty percent (3O%)may brgranted bvSAP Permit.
" Along NEJBth.3Bth.40th and NE41stStreets, @ reduction between forty-nine percent (49%)and
thirty percent (3096) may be granted by SAP Permit with review by UDRB. Requests between
twenty-nine percent (29Y6) to a minimum of fifteen percent (1596) shall require an SAP Permit
and arecommendation ofapproval orapproval with conditions UyUDRB.
~ Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted
by the SAP Permit,
c Roof muhsho|o should be Ught-oo|nred, highA|bedo or of a planted surface and shall comply with
Article 3. Section 3.132 of this Code.
d. The Facade of parking garage that is not concealed behind a Habitable Liner and all Elevations
shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting.
Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The
exposed top level of parking structures shall be covered o minimum of sixty percent (80%) with a
shade producing structure such as, but not limited to, avinod pergola or retractable canvas shade
structure.
e. Building walls shall reinforce the continuity of the Pedestrian Passage by their surfaces and by their
establishment of the edge, but Building walls may curve, angle, or deviate from the straight line that
represents the Facade in the Miami Design District Retail Street SAP.
Each 8hopfrontFacade may bean individual design. |nthe case ofAbutting 8hoofnontFanaden.
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AS ADOPTED - JULY 2012 REGULATING PLAN
Q.
their designs shall be coordinated. Pm"a|b may extend beyond or above the walls of Abutting
buildings and shall be designed and finished as if they were intended to be permanent as they may
be seen from Thoroughfares, the Pedestrian Passage, and from surrounding BuUdings.
Entrance doors shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the excep-
tion to entrance doors for existing Buildings and their additions.
h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies
shall be articulated with attention to materials and lighting given that the undersides of such elements
are frequently more visible than the Facade.
5.6.6 Landscape Standards J6)
a. Open Space 3AGU be calculated on an aggregate basis for all of the new Building Lots included as
part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent
(6.5%) of the total new Building LotArea included atthetime of adoption of the Miami Design District
Retail Street SAP and Development Agreement. Any parcel added to the Miami Design District Retail
SAP Area through the processes described in the Development Agreement shall provide a minimum
of ten percent (10Y6) ofits total new Building Lot Area to the aggregate [}pen Space requirement
Area under permanent kiosks shall not becalculated aoOpen Space.
6.6'7 Ambient Standards (TG)
a. Noise regulations shall beaoestablished inthe City Code.
b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot-candles).
c. Average Lighting of Building and contingent Open Spaces ahmU complement the street lighting of
Abutting public spaces asillustrated inArticle 8nfthe Miami Design District Retail Street SAP, In-
terior garage lighting fixtures shall not bevisible from Thoroughfares.
d. The lighting fixtunasufexpoaedrooftoopadkingahaUbe concealed byaparapet wall and shall not
beseen from surrounding Thoroughfares.
e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls,
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
5,000 s.f. min.;
b. Lot Width
50 ft. min.
c. Lot Coverage
-1-8 Stories
93.5 % SAP aggregate
- Above 8"Story
15,000 sq. ft. max. Floorplate for
Residential & Lodging
30,000 sq. ft. max. Floorplate for
Office & Commercial
d. Floor Lot Ratio (FLR)
5 / 25% additional Public Benefit
e. Frontage at front
Setback
70% min.
f. Open Space
Requirements
6.5%min.SAPagg&improvements
g. Density
150 du/acre max. *
BUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
d. Rear
10 ft.-max."; 20 ft. min. above 8"
Story or 0' on certain Frontages""'
10 ft. max."; 20 ft. min. above 8",
Story or 0' on certain Frontages***
0 ft. min.; 30 ft. min. above 8" Story
0 ft. min.; 30 ft. min. above 8" Story
e. Abutting Side or Rear
T5
Abutting Side or RearT4
Abutting Side or Rear T3
0 ft. min. 1"' through 5" Story
10 ft. min. 6"' through 8'" Story
30 ft. min. above 8" Story
6 ft. min. 1" through 5" Story
26 ft. min. above 5" Story
10% of Lot depth** min.1"through
2nd Story
26 ft. min. 3'd through 5" Story
46 ft. min. above 5" Story
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
b. Porch & Fence
prohibited
prohibited
c. Terrace or L.C.
d. Forecourt
e. Stoop
prohibited
permitted
f. Shopfront
permitted
permitted (T6-8 L & T6-8 0 only)
g. Gallery
h. Arcade
permitted
permitted
BUILDING HEIGHT
a. Min. Height
b. Max. Height
c. Max. Benefit Height
2 Stories
8 Stories
4 Stories Abutting all Transect
Zones except T3. See Art 4 Table
2 for add'I limitations.
• Or as modified in Diagram 9 "• See 5.6.1
" Or Established Setback
REGULATING PLAN
ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8)
BUILDING PLACEMENT PARKING PLACEMENT
r se aA
2,3' nit
1.
Bann
Max.
Height
Mkt
Helrfit
38'
3'INN
►4 ►4
L4,32111
3 d
1-aftf
BUILDING HEIGHT
12 j
L „ 'J
I 10
1 R
•
•
30 mil
7
s
4
3
2 arm. ►4
ABUTTING SIDE & REAR .ALL ZONES EXCEPT TS. T4 & T3
2e min.
14
4
3
2 e nit . ,.
ABUrRNG SCE & REAR T4
em
22 mh.
r2 mn.
amn.
►�2nd14 3rd
50%mex
Late).Layer Law
4
3
2 amtl
It
ABUTTING SCE &REAR TS
8
7 .
s
4e rrr.
s
N
3
2 10% of Lot depth** ►—N
.413UTflG SIDE & REAR T3
"10% of Lot depth for Lots more than 120' deep
6' min for Lots Tess than 120' deep
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MIAMI 21
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
5,000 s.f. min.
b. Lot Width
50 ft. min.
c. Lot Coverage
-1-8 Stories
93.5 % SAP aggregate
- Above 8'h Story
15,000 sq. ft. max. Floorplate for
Residential & Lodging
30,000 sq. ft. max. Floorplate for
Office & Commercial
d. Floor Lot Ratio (FLR)
8 / 30% additional Public Benefit
e. Frontage at front
Setback
70% min.
t. Open Space
Requirements
6.5 % min.SAP agg & improvements
g. Density
150 du/acre max. *
BUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
d. Rear
10 ft. min.**; 20 ft. min. above 816
Story or 0' on certain Frontages***
10 ft. min.**; 20 ft. min. above 8'"
Story p 0' on certain Frontages*** ]
0 ft. min.; 30 ft. min. above 8'h Story
AS ADOPTED - JULY 2012 REGULATING PLAN
ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12)
BUILDING PLACEMENT PARKING PLACEMENT
8.
30 min.
0 at.
30 mh.
p 2nd 3rd
Layer Layer
BUILDING HEIGHT
Max
� i-F 20 t
..„. L. r" _ ,- --'
Max a
0 ft. min.; 30 ft. min. above 8m Story It Olt 12 1
e. Abutting Side or
Rear T5
Abutting Side or
Rear T4
Abutting Side or
Rear T3
0 ft. min.;
10 ft. min. 61h through 8'h Story
30 ft. min. above 810 Story
6 ft. min. 1" through 5'h Story
26 ft. min, 6'h through 8" Story
30 ft. min. above 8Th Story
10% of Lot depth** min.14 through
2^* Story
26 ft. min. 3nd through 5m Story
46 ft. min. above 5'h Story
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
b. Porch & Fence
c. Terrace or L.C.
d. Forecourt
e. Stoop
f. Shopfront
g. Gallery
h. Arcade
prohibited
prohibited
prohibited
permitted
permitted
permitted (T6-12 L & T6-12 O only)
permitted by Special Area Plan
permitted by Special Area Plan
BUILDING HEIGHT
a. Min. Height
b. Max. Height
2 Stories See Art 4 Table 2 for add'I
limitations.
12 Stories
c. Max. Benefit Height
8 Stories Abutting all Transect
Zones except T3, except north of
40th St. 2 Stories
* Or as modified in Diagram 9
** Or Established Setback
I•+n
HOPI
II 9 V 30 min.
7
6
s
4
3
2
Orrin.
1
1st
Layer
r & 3rd
Layer
20
12
25'mh
• 1St
4 end&3rd
Leff/
0 mh ►-4
.4 I2nd �04 3rd
Layer 1
9
30' min
IOmn.
fi
2 tin*.
ABUTTING SIDE OR REAR ALL ZONES EXCEPT ABUTTING SIDE OR REAR T5
L '
120 1
1
T12
30 Mkt
7
26' mn.
3
2 6' min. �r
ABUTTING SIDE 0R REAR T4
12
7 ►--146' rrin
0 min
26 mil.
3
2
10%d Lot depth"' ►-i4
r
ABUTTING SIDE 0R REAR T3
"10% of Lot depth for Lola more than 120' deep
6' min for Lots less than 120' deep
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012
ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.1 Large Scale Retail
REGULATING PLAN
A single commercial establishment occupying more than 55,000 square feet of Floor Area in the Miami
Design District Retail Street S.A.P. shall be permitted subject to the following requirements:
LARGE SCALE RETAIL
LOCATION
LOT SIZE
By Warrant in D1
By Right in D2. Section 6.3.1 "Additional Requirements" shall not apply.
As required by Transect Zone
COMMERCIAL AREA
LIMITATIONS
Minimum: 55,000 square feet
REQUIREMENTS
WHEN
ABUTTING A MORE
RESTRICTIVE TRAN-
SECT
PARKING
ADDITIONAL
REQUIREMENTS
• A minimum of one (1) shade tree with a minimum Height of twelve (12) feet shall be planted at twenty-five (25) feet on center along the perimeter
of the wall
• Additional landscaping in the form of shrubs and Buffer plant material shall also be required.
• All required Parking shall conform to the Transect Zone.
• At ground level: Habitable Space such as Liners to conceal Parking Structures or Parking Areas, must be provided for at least sixty-five (65%)
percent of linear street Frontages.
• Second floor level: Habitable Space such as Liners to conceal Parking Structure, with a combination of architectural articulation for all linear street
Frontages shall be required; however, in no case shall the Habitable Space Liners be less than forty percent (40%) of all linear street Frontages.
• Third floor level and above: Habitable Space such as Liners to conceal Parking Structure, with a combination of architectural articulation for all
linear street Frontages shall be permitted; however, in no case will the Habitable Space Liners be less than twenty-five percent (25%) of all linear
street Frontages.
• A decorative facade, art wall or green wall may substitute for the Liner on a maximum of two street Frontages.
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
6.5 SIGN STANDARDS
6.5.1.5 GENERAL REQUIREMENTS
The following general requirements and limitations shall apply with regard to Signs, in addition to provi-
sions appearing elsewhere in this code. No Variance from these provisions is permitted unless otherwise
provided herein.
a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non -Commercial
message, so long as said Sign complies with the size, Height, Area and other requirements of this
code and the City Code.
b. Limitations on false and misleading Signs. It shall be unlawful to post any Sign that is false or mis-
leading.
c. No Sign adjacent to a T3, T4-R, T5-R or T6-R zone shall be illuminated or Flashing unless such
Signs are specifically authorized by the regulations for the Transect in which erected. Whether or
not illuminated or Flashing Signs are authorized generally within a zone, no Flashing Sign shall be
permitted within one hundred (100) feet of any portion of property in a Residential district located
north of NE 42nd Street, as measured along the street Frontage on the same side of the street, or
as measured in a straight line to property across the street, if the flashing element of such Sign is
directly visible from the Residential property involved.
d. Revolving or Whirling Signs and pennant or streamer Signs are hereby prohibited unless such Signs
are specifically authorized by the regulations for the Zone in which erected.
e. Signs of historic significance. Any Sign determined to be of historic significance by the Historic and
Environmental Preservation Board, through resolution that makes findings according to the Chapter
23 of the City Code, may be exempted by Warrant from any Sign limitation imposed by this code.
The placement of said Sign may be as approved according to the considerations and standards of
Warrant approval, as the criteria in Chapter 23.
f. Variances for Height on freestanding outdoor Advertising Signs may be granted by the Planning,
Zoning and Appeals Board, pursuant to the limitations set forth in this code and upon compliance
with the following:
1. An application for a Height Variance for a freestanding outdoor Advertising Sign may only be
submitted, and accepted by the City, if the Height Variance is necessary due to a government
action which renders the Sign not visible from the roadway(s) which it was intended to be viewed
from; said government action will only be considered a justification for the requested Variance if
the action occurs after the Sign has been legally erected under the provisions of the zoning ordi-
nance in effect at the time the Sign was built. A legally erected Sign that was legally constructed
and not in compliance with the Height provisions of the Zoning Ordinance may not justify the
noncompliant Height as hardship for a Variance request; only a subsequent government action,
which physically impedes the visibility of a Sign, will be considered a valid justification;
2. Any application for a Height Variance for a freestanding outdoor Advertising Sign must be ac-
companied by line of sight studies from the roadway(s) which such Sign is intended to be viewed
from; and THIS DOCUMENT IS A SUBSTITUTION
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y0IAM|21 APPENDIX F:YNV\NY|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
3. AfinUing must be made that the Variance be requested is the minimum Variance necessary to
rnokeounh8ignvisib|efronntheroedwmy(s)whiohsuchGigniointendedtobevievvedhnm.
4. /n addition, this section shall not apply toany Sign with nonconforming status.
0. All Temporary Signs shall comply with the requirements of Chapter 62 of the City Code.
h. All Signs shall comply with the vision clearance standards ofthis code.
i AWarrant shall be required for establishment of community or Neighborhood bulletin boards, includ-
ing kiosks in districts where permiosib|e, but noSign permits shall be required for posting of notices
thereon. Size and location standards shall be as set forth in the districts where permissible. Subject
to approval by the officer o[agent designated by the City Manager, such bulletin boards or kiosks
may be erected onpublic property. Conditions ofthe Warrant shall include assignment ofresponsi-
bility for erection or maintenance, and provision for removal if not properly maintained.
Freestanding Signs higher than seven (7) feet in height are prohibited in TronsectZones T0-24,
T6-38. T6-48. T6'00. and T6-80. Free standing Signs above seven (7)feet in height are allowed By
Right in Oiotrict(0) Zones and may be permitted by Warrant in all other Zones, subject to any ap-
plicable Design Guidelines. These regulations do not apply to those signs regulated under Chapter
03. Article 13 of the City Code.
k. Painted vvaU Signs are prohibited in TranseotZbnes T6-24. T6-30. T6-48. T6-00. andTG-80. Painted
wvaU Signs are allowed By Right in District (D)Zones and may be permitted bvWarrant in all other
Zones, subject toany applicable Design Guidelines. Painted wall Signs shall belimited toon-premises
business identification signage as more specifically regulated in each tranneotzone per Section
6.5.2. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the
City Code.
6.5.2 TRANSECTSPEC|F|C STANDARDS
6.5.2.1 GENERALLY
a. Criteria. In the review and approval ofSigns, the City shall ensure compliance with all applicable
sections of the Florida Building Code and ensure that the Signs comply with the zoning regulations
of this code including:
1. The size and Area of the Signs comply with the specifications set forth for the type of Signand
the Zone inwhich the Sign is to be located; and.
2. The Signs comply with location standards onthe subject property orStructure asspedfiodherein.
6.5'3.5T4-0' T5-L' T5'0' TG~L, T6~0. CI -HD, D1, O2Ay4C) 03
Except as otherwise provided, the following Signs are permitted and may be illuminated but shall not
beAnimated orflashing.
a. For a single establishment within a Building:
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1 Wall Signs. When msingle establishment takes upanentire Building, wall Signs shall bmlimited
to one and one half (11 1/2) square feet of Sign Area for each lineal foot of Building Facade area.
Each establishment is permitted one (1) Identification Sign and up to two (2) Secondary
Identification Signs per 8hopfront Facadm, all of which ohmU be subject to the aggregate
Sign Area. The Sign Area for each Shopfront Facade shall be calculated independently,
Wall signs shall be limited to registered trade names, logo brand marks, swashed, simple
lines, back plates and other decorative touches. Tag lines, bylines, merchandise or service
descriptions are not permitted.
The Copy Area of each Identification Sign and Secondary Identification Sign aheU be
com-puted by surrounding each Sign with a square or rectangle shape in order to calcu-
late the area. Elements such aslogo brand marks, sw/aohes.simple lines, back plates
or other decorative touches shall not be included as part of the Copy Area. Letter height
shall be determined by measuring the tallest letter of an Identification Sign or Secondary
Identification Sign, inclusive of swashes, ascenders, and descenders. Identification Signs
and Secondary Identification Signs shall not exceed eighty percent (80%) of the width
of the Shopfront Facade. The combined area of all Identification Signs and Secondary
Identification Signs shall not exceed thirty-five percent (35%) of the area of the Shopfront
Facade.
2. Window Signs. Attaohedo' naehaUnntexceedthirtv-five(35Y6)ofUleQ|oanedonaoofthewin-
dow in which placed. Number of such Signs in not limited by these regulations, but the Window
Sign anaou shall be included as pert ofaggregate wall Sign Area, as limited above. Only trade
names or graphic logos may be used. Store description, advertisements, or tag lines are not
permitted. The entire graphic ohoU be mounted below 48^ in height from finished floor and all
applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of
artistic murals may be allowed bySAP Permit.
3. Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign sur-
faces, neither of which shall exceed forty (40) square feet in Sign Area: however, such permis-
sible Sign Area may beincreased toeighty (8O)square featvvheoymaximum projection fronnthe
face of the Building is two (2) feet o, less; sixty (60) square feet where projection is more than
two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three
(3), but not more than four (4) feet, The aggregate Area of such Signs shall be included as part
ofaggregate wall Sign Area, oalimited above.
4� Ground/Freestanding Signs. OheU be limited to one (1) Sign structure with no more than two
(2) Sign aurfamas, neither of which shall exceed forty (40) nquemr feed in Sign Area for each es-
tablishment or for each one hundred (1100) feet of street Frontage. Permitted Sign Area may be
cumulative, but no Sign surface shall exceed one hundred (100) square feet, MeXimVnn Height
limitation shall be twenty (2U) feet including embellishments, measured from the crown of the
nearest adjacent local or arterial atrea1, not including limited eoceoa highways or expressways,
provided, however, that the Zoning Administrator may increase the measurement of the crown
byuptofive (5)feet toaccommodate unusual orundulating site conditions.
5. Tenant Logo Treatment. Identification Sig noge (fascia wall signs, for example) can beinter-mixed
with large expressions and artistic interpretations of the tenant brand logo marks. Tenant logos
may be considered as larger scaled artistic expressions of the merchandising and can be used
at o large urban Building scale, as Building potterns, or may be incorporated into the Building
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architecture itself, so as to be considered a part of the Building and Facade expression. Building
wraps are not permitted. All Tenant Logo Treatment shall not be calculated aapart ofaggregate
Facade Sign Area.
Where atenant logo orany letter, numeral, character, figure oremblem will cover more than fifty
percent (5096) of the area of the Building Facade, such architectural or artistic treatment shall
require approval bySAP Permit.
7. Building Address Signs. Building addresses will not be calculated as part ofaggregate wall Sign
Area, aolimited above,
R. VVeU Mounted Plaque, Not more than one (1) such Sign, not exceeding four (4) square feet in
area, may be located adjacent to entry doors. Wotog|inea. s|ogano, service or product descrip-
tions are permitted in the text. AVVeU Mounted Plaque shall be calculated as part of aggregate
Facade Sign Area, aalimited above.
8. Inlaid Entry Vestibule Floor Signs. Not more than one (1)such Sign ncdexnmedingben(1O)oquanm
feed in area, may be recessed into the floor, located solely within tenant lease line at the entry
vestibule of the store, and integrated flush into the surrounding flooring system. Such Signs must
be fabricated out of durab|e, non -slip nnab»ha|e. Inlaid Entry Vestibule Floor Signs eh3U not be
calculated oopart ofaggregate wall Sign Area, aalimited above.
10. Interior Signs. 8ignage, mounted inside the store three (3)feet beyond the Shoofnznt Facade,
viewed from the pedestrian walkway will not be om|ou|atad as part of aggregate Facade Sign
Area, as limited above, Any Signage mounted inside the store within three (3) feet of the Shop -
front Facade shall be considered a Window Sign and governed by the requirements of Sec.
11. Video and animated architectural Facade treatments may be used as approved by Warrant,
12. Prohibited Sign Types, Following is a list of prohibited sign types:
°
°
°
°
~
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Suspended blade signs.
Moving' notghng, or flashing aigna, except video facade treatments permitted via SAP
Permit.
Signs with exposed neon, vacuum -formed p|aetic, and internally illuminated p|ex-faced
box signs.
Parapet -mounted signs orsigns which project ebnvetheparaped.
Pointed tenant identity signs, except artistic nnuns|e permitted via SAP Permit.
Balloon or inflatable signs.
Signs which emit sound, odor, or any visible matter, except audio video permitted through
the SAP Permit.
Simulated materials, |.e, plastic laminate, paper, cardboard, foam, Sentra.
Freestanding tenant identity signs and portable signs such as A -frame sandwich boards.
Signs advertising the availability ofemployment opportunities.
Signs with tag |ineo, o|ogano, phone numbers, or service description.
Signs attonhed, painted on, orotherwise affixed totrees and landscaping.
b. For a single Building with more than one establishment opening up to the outdoors:
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1. VVoU Signs. The Building inwhich the establishments are located shall be allowed one (1) wall
Sign, limited toaBuilding Identification Sign, not exceeding fifty (5O)square feet inArea, for each
face of the Building oriented toward the street, In addiUon, each individual establishment within
a Building that has a oeporoba entrance tothe outdoors (available to the general pub|ic, whether
on the ground floor or on an upper |eve|), and a minimum Frontage of twenty (20) linear feet to
the outdoors, shall beallowed the following Signs:
~
~
°
AvvaU Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of
the establishment.
Window Signs not to exceed twenty percent (20%) of the glass area of the window or
glass door in which placed; such Window Signs may be painted or attached. The number
of such Signs is not limited by these nagu|adona, but aggregate Area shall be included
as part ofaggregate wall Sign Area, as limited above.
A hanging (as in under an Awning or similar Structure) Sign not to exceed three (3) square
feet in Area.
2. Window Signs. Attached signs shall not exceed thirty-five (3596) of the glassed area of the
window in which placed. The number of such Signs is not limited by these regu|ationo, but the
total areas shall be included as part ofaggregate wall Sign Area, as limited above. Only trade
names urgraphic logos may be used. Store descriptions, advertisements, or tag lines are not
permitted. The entire graphic shall be mounted below 48^ in height from finished floor and all
applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of
artistic nnuro|a may he allowed by SAP Permit.
1 Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign sur-
faces, neither of which shall exceed forty (40) square feet in Sign Area; however, such permis-
sible Sign Area may be increased to eighty (80) square feet where maximum projection 'from the
face of the Building is two (2) feet or less; sixty (OO) square feet where projection is more than
two (2)and less than three (3)feet; and forty (4O)square feet where projection isat|eaotthree
(3), but not more than four (4) feet. The aggregate Area of such Signs shall be included as part
ofaggregate wall Sign Area, malimited above.
4. Ground or freestanding Signs. Shall be limited to one (1) Sign structure with no more than two
(2) Sign ourfoces, neither of which shall exceed forty (40) square feet in Sign Area for each es-
tablishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be
cumu|aUve, but no Sign surface shall exceed one hundred (100) square feet. Maximum Height
limitation shall be twenty (20) feet including embellishments, measured from the crown of the
nearest adjacent local or arterial street, not including limited ocoaas highways or expressways,
provided, hovvever, that the Zoning Administrator may increase the measurement of the crown
by up to five (5) feet to accommodate unusual or undulating site conditions.
n. For outdoor advertising business Signs. Outdoor advertising business Signs shall be permitted as
accessory Uses to principal Commercial Uses, and such Signs shall further be |inndad as follows:
1, Signs ehoU be vvaU mounted only on side walls of the existing principal Commercial Structure
and shall not bafreestanding;
2. Signs shall belimited toone Sign per Structure only;
3. Sign Area shall be limited to no greater than thirty-two (32) square feet;
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4. Permissible Sign Area may only be utilized on a Commercial Structure which has the allowable
thirty-two (32) square feet of Sign Area unused from the total permissible wall Sign Area for the
Structure in question (not counting the twenty (20) square feet of wall Signs allowable per es-
tablishment); and
5. Such Signs may either be painted or mounted onto the subject wall.
6.5.3 Limitations on Signs Above a Height of Fifty (50) Feet Above Grade
Except as otherwise provided in a specific Transect Zone, the following regulations shall apply to all
Signs above a Height of fifty (50) feet above grade:
a. Signs shall be limited to the identification of the Building or the name of one (1) major tenant of the
Building occupying more than five percent (5%) of the gross leasable Building Floor Area. Not more
than two (2) Signs per Building on two (2) separate Building Facades shall be permitted.
b. Signs shall consist of individual letters or a graphic logotype, including embellishments such as
borders or backgrounds.
c. The maximum height of a letter shall be as indicated in the table below.
any portion of a Sign over fifty (50) feet but less than two hundred (200) feet
above grade
4 FEET
any portion of a Sign over two hundred (200) feet but less than three hundred
(300) feet above grade
any portion of a Sign over three hundred (300) feet but less than four hundred
(400) feet above grade
6 FEET
8 FEET
any portion of a Sign over four hundred (400) feet above grade
9 FEET
d. The maximum height of a logo may exceed the maximum letter height by up to fifty percent (50%)
if its width does not exceed its height. When text and a graphic logotype are combined in an inte-
grated fashion to form a seal or emblem representative of an institution or corporation, and when
this emblem is to serve as the principal means of Building identification, the following regulations
shall apply.
any portion of a Sign over fifty (50) feet but less than two hundred (200) feet
above grade
any portion of a Sign over two hundred (200) feet but less than three hundred
(300) feet above grade.
any portion of a Sign over three hundred (300) feet but Tess than four hundred
(400) feet above grade
200 SQ. FT
300 SQ. FT
400 SQ. FT
any portion of a Sign over four hundred (400) feet above grade
500 SQ. FT
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e The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Building
vvoU upon which it is p|oced, on measured at the height nfthe Sign. The Sign shall consist of not
more than one (1) horizontal line orone (1)vertino| ofletters Orsymbols, unless bisdetermined that
two (2) lines of lettering would be more compatible with the Building design. The total length of the
two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width
of the Building vvmU.
t Deviations from the maximum size of letter, logotype, length of Sign or number of Signs may be
granted by Waiver.
g. All Signs higher thonfiftv/5O>feet above grade may bepermitted bvWarrant and shall bereviewed
based onthe following guidelines:
1. Signs should respect the Architectural Features of the Facade and be sized and placed subor-
dinate to those features. Overlapping of functional windows, extensions beyond parapet edges
obscuring architectural ornamentation or disruption of dominant Facade lines are examples of
Sign design problems considered unacceptable.
2. The Sign's color and value (shades of light and dark) should be harmonious with Building materi-
als
In the case nfa lighted 8ign, a reverse channel letter that silhouettes the Sign against a lighted
Building hone or the subtle application of illuminated letter returns is desirable, Lighting of Sign
should be accompanied by accent lighting of the Building's distinctive Architectural Features
and especially the Facade area surrounding the Sign. Lighted Signs on unlit Buildings are un-
acceptable, The objective is o visual lighting emphasis on the Building with the lighted Sign as
subordinate.
4. Feature lighting of the Bui|ding, including exposed light elements that enhance Building lines,
light sculpture or kinetic displays that meet the criteria of the Miami -Dade County art -in -public
places ordinance, shall not be construed as Signage subject to these regulations.
6.5.4 Special Area Plan Directional Sign Package
The Miami Design District Retail Street SAP Directional Signage shall serve to both identify the district
and ensure that visitors are able toeasily navigate the district through the delivery ofinformation about
the Miami Design District Retail Street SAP area. A proposed Directional Sign package may allow greater
flexibility in sign regulations when the flexibility results in a higher nrspecialized quality design. Sign
designs shall preserve the characteristics of the surrounding community and create a Sign package that
reinforces the district's identity. A Directional Sign package for the Miami Design District Retail Street
SAP shall require approval hySAP Permit.
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ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.2 Permits
The permits that maybe necessary to develop property within the M|am� Design District Retail Street
GAP area include the following: Warrant; Waiver; Exception; Variance; GAP Permit; and amendment
to the Miami Design District Retail Street SAP, The permits, with the exception ofthe SAP Permit, are
illustrated in Article 7, Diagram 14. In addition, certain approvals may be necessary to confirm that uses
are permitted under the Codo, these include zoning approval (by right), certificate of use, planning
determinahon. or zoning interpretation. Permits issued in error shall convey no rights to any party. The
Zoning Administrator shall require corrections to be made unless construction has commenced on that
portion of the construction that was permitted in error,
71.2.10 Miami Design District Retail Street SAP Permit
a.SAP Permit.
AU Development of 8tnuobunas or authorization of Uses within the Miami Design District Retail 8tnaed
SAP area identified as permitted by SAP Permit shall be reviewed and approved as set forth below.
1. Review and approval process.
a. Applications for SAP permits shall be made onforms provided bvthe city and, in add0nn, shall
be accompanied by any information reasonably deemed necessary by the Planning Director to
render decision on the subject application. The Planning Director shall review each submitted
application for aSAP Permit for completeness. Unless aBuilding was specifically approved aspart
of the Special Area Plan, all Buildings shall be reviewed by the Planning Director, after referral for
recommendation to the Coordinated Review Committee (CRC) for conformance tu the P|an, prior
bJthe issuance nfthe Building Permit, consistent with the requirements nfSec. 5.S.1.gofthis Code.
All applications for Uses within the Miami Design District Retail Street SAP authorized by the SAP
Permit shall be reviewed by the Planning Director without need for referral to the CRC.
b. Where there is no referral to the CRC. the Planning Qirec`torahaU issue a notice of an intended
decision within twenty-one (21) calendar days of determination that the SAP Permit application
is complete. Where there is a referral to the CRC. the Planning Director shall issue a notice of an
intended decision within fifteen (15) calendar days of the meeting date of the CRC. The applicant
shall have seven (7) calendar days from receipt ofthe notice of the intended decision to request a
conference with the Planning Director to discuss revisions or provid additional information regarding
the application. Within ten (10) calendar days of the conferenoe, or if no conference is requested
within ban (10) days of the notice of the intended decision, the Planning Director shall issue his
decision with written findings and determinations regarding the applicable criteria set forth in this
section and any other applicable regulations as they relate to the application. The applicant and the
Planning Director may mutually agree to an extension of time for the issuance of the final decision.
The findings and determinations shall be used to approve, approve with condition, or deny the SAP
Permit application.
o. The Planning Director shall appnove, approve with oondibons, or deny the SAP Permit application.
Approvals shall be granted when the application is consistent with the Comprehensive Plan, the
Agree -
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n1entConditional approvals shall bogranted when the application requires the imposition ofcondi-
tions in order to be consistent with the Comprehensive Plan, the Miami Design District Retail Street
SAP, and the terms of the accompanying Development Agreement, Denials of applications shall be
issued if, inthe estimation ofthe Planning Director, conditions and safeguards have been consid-
ered and the application is still found to be inconsistent with the Comprehensive Plan, the Miami
Design District Retail Street 8AFP, and the accompanying Development Agreement. The decision
of the Planning Director shall include on explanation of the code requirements for an appeal of the
decision. The Director shall include a citation of the legal authority supporting the denial ofanSAP
Permit application.
2� Review Criteria.
A GAP Permit shall be approved if the application is consistent with the Comprehensive Plan,
the Miami Design District Retail Street SAP, and its accompanying Development Agreement.
The Planning Director shall further consider the criteria set forth in Table 12 of Article IV where
3. Appeal tVthe Planning, Zoning and Appeals Board.
The GAP Permit applicant may appeal the determination of the Planning Director within fifteen
(15) calendar days of the issuance of a final decision. Appeal of the determination of the Plan-
ning Director shall be filed with the Office of Hearing Boards and shall be heard cle novo by the
Planning, Zoning and Appeals Board. The Board shall determine whether to affinn or reverse
the determination of the Planning Director. Should the Board choose to reverse the determina-
tion of the Planning [)inector, where the Planning Director previously denied the SAP Permit,
the Board may approve the permit as requested by the applicant or approve with conditions and
safeguards necessary to ensure the SAP permits consistency with the Comprehensive F|an,
the Miami Design District Special Area Plan, and the terms ofthe accompanying Development
Agreement.
The SAP Permit applicant may appeal the ruling of the F1annimg. Zoning and Appeals Board
to the City CVnnnnioninn within fifteen (15) calendar days of the issuance of its ruling, Such ap-
peals shall be filed with the Office of Hearing Boards and shall be considered de nnv0 by the
City Commission, The City Commission shall determine whether to affirm or reverse the ruling
of the Board.
The filing of all appeals shall state the specific reasons for such appeal and shall bemade nn
f0rrnn designated by the Office of Hearing Boards together with the payment ofany required
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ARTICLES. LANDSCAPING REQUIREMENTS
9'5 MINIMUM STANDARDS
The following standards shall be considered OliniOJuOn requirements unless otherwise indicated:
0.5'3TREES
a. Tree Size
All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum caliper
mrdiameter atbreast height (OBH)nftwo (2)inches attime ofplanting, except that thirty (3U)percent
of the tree requirement may be met by native species with a minimum height of ten (10) feet and a
minimum caliper ofone and one-half (1 1/2) inches attime Vfplanting.
b. Street tree size and spacing
Street trees shall be of species typically grown in Miami -Dade County which normally mature to o
height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be
provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as
otherwise provided in this Article, The thirty (30) foot average spacing requirement for multiple single
family units and townhouse shall be based on the total lineal footage of roadway for the entire project
and not based on individual Lot widths. Street trees shall be p|omzd within the swva|e area or shall be
placed on private property where demonstrated to be necessary due to right-of-way obstructions as
determined by the Public Works Department. Street trees planted along private roadways shall be
placed within seven (7) feet of the edge of roadway pavement and/or where present within seven
(7) feet of the sidewalk.
c Power lines
VVhena the height and location of overhead power -lines requires the planting oflow growing trees,
street trees shall have a nn|n|munn height of eight (8) feet, a nnininnum caliper of one and one-half
(1112) inches at time of planting, and shall meet the following requirements�
1. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or tree/shrubs,
as referenced in the Landscape Manual, cleared of foliage to a height nffour (4) feet.
2. Amaximum average spacing oftwenty-five (25)feet oncenter.
3. Maturing to o height and spread not encroaching within five (5) feet ofoverhead pVvverdiotribu'
tion lines,
4. Under high voltage (50kV and above) transmission lines installed independent of underbuiltdistri-
bution|inen.treeheightondspraadshoUnutexcead1heminimumapproachdistonuesopecihad
inthe current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in
the Landscape Manual.
8.6.5 MINIMUM NUMBER {JFTREES
The minimum number of required trees, in addition to street trees, is referenced in Table A.
Within the Miami Design District Retail Street SAP, where the trees provided exceed the minimum cali-
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per or DBH requirements set forth in Sec 9.5.3.a and 9.5.3.b, the total number of required trees may
be reduced, so long as, at the time of planting, the total minimum caliper or DBH provided is equal
to or greater than the total minimum caliper or DBH for the number trees required in Table A and Sec.
9.5.3.b at the time of planting.
Zoning District
Sub -Urban
T3-R
T3-L
T3-O
Urban General
TABLE A
Number of Trees Required
Maximum Lawn Area
Per Acre of Net
Lot Area
Per Lot
Percent of Req.
Open Space
50%
50%
50%
T4-R
28
60%
T4-L
28
60%
T4-O
28
60%
Urban Center
T5-R
22
20%
T5-L
22
20%
T5-O
22
20%
Urban Core
T6-R
T6-L
22
22
20%
20%
T6-O
22
20%
District
D1
D2
22
15
20%
20%
D3
Civic
15
20%
CI
CS
N/A
N/A
*Requirements determined by most restrictive abutting Transect Zone
Where a conflict exists, the requirement imposing the higher standard shall apply.
a. Urban Center and Urban Core Transect Zones. In Urban Center or Urban Core Transect Zones,
if the minimum number of trees required cannot be reasonably planted on the ground level of the
subject property, the applicant may plant twenty-five percent (25%) of the required trees on upper
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levels such as open recreation areas or exposed decks.
b. Off -site tree planting. If the minimum number of trees required cannot be reasonably planted within
the Miami Design District Retail Street SAP Area, the applicant may enter into an agreement with the
city, as approved by the department, to plant the excess number of required trees on public property
in the following order of priority: (i) elsewhere within Design District; (ii)vvithin one (1) mile of the
Design District� or (iii) within any City park.
c Tree trust fund. If the minimum number of trees required cannot be reasonably planted an the subject
property, but as an alternative tothe off -site tree planting option provided in subsection 9.5.5.b, the
applicant shall contribute into the oib/'s tree trust fund the ounn of one thousand dollars ($1000.00)
for each two (2) inch caliper tree required in accordance with Table A of section 9.5.5. A city resident
with current proof ofresidency and hVnneohamd status shall contribute five hundred ($500.00) for
each two (2) inch caliper tree required in accordance with Table A of section 9.5.5.
d. Grassed areas that are to be used for organized sports such as football and soccer or other similar
sports or playgrounds, that are clearly identified on a landscape plan shall not becounted toward
calculating tree and maximum lawn area requirements.
e. Trees shall be planted to provide shade to residential structures of a height ofthir-tv-Dve (35) feed
or less. At least two (2) required lot trees ohmU be positioned in the energy conservation zone as
defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof,
shall be shaded by trees and/or shrubs as referenced in the Landscape Manual.
g-
Pu|nnsofafourtemn (14)foot minimum overall height and minimum caliper ofthree (3) inches adtime
ofplanting shall count anorequired tree onthe basis oftwo (2) palms -per tree, except oeprovided
herein for pm|rno used as nfstreet trees, No more than thirty (30) percent ofthe minimum tree re-
quirements shall be palms.
Existing trees required by law to be preserved on site and that meet the requirements of Section
9.5.3, may be counted toward fulfilling the minimum tree requirements.
h. Prohibited and controlled tree speciesaheU not be counted toward fulfilling minimum tree require-
ments. Prohibited trees shall be removed from the site after obtaining approval ofatree rernVvm|
T. No less than thirty (30) percent of the required trees and/or palms shall be native species.
No less than fiMv (50) percent ofthe required trees shall be low maintenance and drought tolerant
species.
k. Eighty (8C) percent nfthe trees shall belisted inthe Miami -Dade Landscape Manual, the Miami -Dade
Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for
South Florida list.
In order to prevent adverse environmental impacts boexisting native plant communities, cabbage
palms (Gaba|palmetto) that are harvested from the wild shall not be used to satisfy minimum land-
scaping requirements. Only existing cabbage palms (Saba[ palmetto) which are rescued from gov-
ernment approved donor sitea, transplanted within the site, or commercially grown from seed shall
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M|AM|31 APPGNDIXF: MIAM|DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 REGULATING PLAN
be counted towards the minimum tree and native plant requirements.
m. When trees are planted within the right-of-way, the owners of land adjacent to the areas where
street trees are planted must maintain those areas including the treea, plants and and, using prun-
ing methods specified in this Code. A covenant executed by those owners is n*quinad, or special
taxing district must be created to nnoinbs|n these areas. VVhena the Stahs. County or municipality
determines that the planting of trees and other landscape material is not appropriate in the public
right-of-way, they may require that said trees and landscape material be placed on private property.
n. Consideration shall be given to the selection of trees, plants and planting site to avoid serious prob-
lems such as clogged sewers, cracked sidewalks, and power service interruptions.
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
AS ADOPTED - JULY 2012 CONCEPT BOOK
SAP 2.4 CONCEPT BOOK
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F.74
MIAMI
DESIGN
DISTRICT
RETAIL STREET
SPECIAL AREA PLAN
MIAMI DESIGN DISTRICT ASSOCIATES I DUANY PLATER-ZYBERK S COMPANY, LLC
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Miami Design District Retail Street Special Area Plan Project Team List & Index of Drawings
PROJECT TEAM
Applicant Team Leader:
Miami Design District Associates
3841 NE 2nd Avenue
Miami, Fl. 33137
Program Manager:
Coastal Construction
5959 Blue Lagoon Drive, Suite 200
Miami, Florida 33126
Master Planner:
Duany Plater-Zyberk & Company, LLC
1023 SW 25th Avenue
Miami, FL 33135
Traffic Engineer:
Kimley Horn and Associates
5200 NW 33rd Avenue
Ft. Lauderdale, FL 33309
Parking Consultant:
Walker Parking Consultants
6602 E 75th Street, Suite 210
Indianopolis, IN 46250
Lighting Design:
Speirs and Major
11 - 15 Emerald Street
London WC1N 3QL
Landscape Consultant:
Island Planning Corporation
248 Washington Ave #D
Miami Beach, FL 33139
Signage:
RSM
160 Avenida Cabrillo
San Clemente, CA 92672
Architect:
Aranda\Lasch
212 Forsyth Street
New York, NY 10002
Architect:
Keenen Riley
3841 NE 2nd Avenue, Suite 400
Miami, FL 33137
Architect:
SBA
2333 Ponce de Leon Blvd, Ste 1000
Coral Gables, FL 33134
DUANY PLATER-ZYBCRK & COMPANY
CH!1 ec S AND TOWN LANNERS
DRAWING INDEX
Project Team List & Index of Drawings
Section Al: Overall Site Information
A1.1 Location in the Region
A1.2 Surrounding Neighborhoods
A1.3 Site Photos
A1.4 Special Area Plan Properties
A1.5 Special Area Plan Properties and Boundary
A1.6 Existing and Proposed Future Land Use Maps
A1.7 Existing and Proposed Zoning
A1.8 Existing Conditions
Al .9 Illustrative Master Plan
A1.10 New Building Lot Coverage/Open Space
Al 11 Proposed Buildings/Proposed Uses by Floor
A1.12 Proposed Uses by Floor
A1.13 Proposed Uses by Floor
Section A.2 - Thoroughfares and Circulation
A2.1 Proposed Frontages
A2.2 Parking Management Program
A2.3 Site Circulation from Major Thoroughfares & Highways
A2.4 Vehicular Circulation Diagram
A2.5 Transit & Bicycle Routes
A2.6 Thoroughfares
A2.7 Thoroughfares
A2.8 Sequence of Pedestrian Passage
A2.9 Sequence of Pedestrian Passage
A2.10 TOD and Proposed Streetcar Route
StilaAX-, avA
A2.13 Section A,3 - Examples and Illustrations
A3.1 Palm Court Conceptual Renderings
A3.2 Eastern Gateway and Pedestrian Passage Studies
A3.3 Pedestrian Passage Conceptual Studies
A3.4 NE 42nd Streetscape Study
A3.5 NE 38th and NE 42nd Street Elevation Studies
A3.6 Recladding Studies for Buena Vista Building
A3.7 Cross Block Connection Conceptual Studies
A3.8 Hypothetical Retail Streetscape at 30% Glazing
53,9 High End Urban Retail Examples
A3.10 NE 2nd Avenue and NE 41st Street Studies
Section A 4 - Landscape and Views
A4.1 Landscape Master Plan
A4.2 Sample of Tree Locations
A4.3 Conceptual Streetscape Views
A4.4 Case Study: NE 40th Street - Facing North
A4.5 Case Study: NE 40th Street - Facing South
A4.6 Conceptual Studies for Central Streets
A4.7 View from 1-195 - Green Archipelago in Miami RoofscaPe
A4.8 Green Wall and Roof Examples
A4.9 Ambient and Direct Lighting Examples
A4.11 Draft LEED ND Checklist
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A.0
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Section A, 1: Overali Site Information
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Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBYRK & COMPANY
ARCHITECTS AND TOWN PLANNERS
SGiza t P1a ,, -2+
Location in the Region
1. Miami Design District
2, Bal Harbor
3. Village of Merrick Park
4. Lincoln Road Mall
5. Miami International Airport
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A1.1
Miami Design District Retail Street Special Area Plan
Surrounding Neighborhoods
t� *r+pMc�k
a 7r..V`
• *au.. 1;:it4'biff
Icy riti•‘tio
�.'.yt ti •kio
.■
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1171,1
1 Miami Design District
2. Biscayne Bay
3. U.S. 1-95
4. U.S. 1-195
r� 1 �
G° '" 5. Midtown
ea-,tc- . '1 1 6. To Wynwood Art District
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
zap �Ic,y-Zr,�4ruc__
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A1.2
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Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Plo,t(4 --Lri
Site Photos
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A1.3
Miami Design District Retail Street Special Area Plan
1%/313
Building Name
Address
Lot Area
(Miami Dade property listing)
i
LaVerne
90 NE 39th Street
13,650
2
Elektra
100 NE 39th Street
105 NE 38th Street
3801 NE 1st Avenue
3821 NE lstAve
3801 NE 1st Ave
27,990
3
Rothman
108 NE 39th Street
4,700
4
Palm Lot
140 NE 39th Street
45,925
5
Booth
3821 NE 1st Court
9,672
6
Booth
3821 NE 1st Court
14,709
7
Buena Vista
160 NE 39th Street
46,442
a
Buick
3841 NE 2nd Avenue
29,381
G
Turtle (South)
3725 Biscayne Blvd
77,049
,0
Tuttle (North)
299 NE 38th Street
24,290
ii
Norwegian Wood
92 NE 40th Street
7.500
'7
Casa/ Lady Jane
99 NE 39th Street
9,400
73
JBL
101 NE 39th Street
100 NE 40th Street
108 NE 40th Street
17,078
14
Hale Daniel
119 NE 39th Street
4,982
15
Oak Plaza Collins
139 NE 39th Street
14,100
"e
Oak Plaza-Loggla
163 NE 39th Street
4,700
17
Oak Plaza-KVA
150 NE 40th Street
4,500
10
Oak Plaza-Twery
160 NE 40th Street
154 NE 40th Street
5,500
'9
Thomas Maier
170 NE 40th Street
5,000
20
Melin
3930 NE 2nd Avenue
30,256
21
Newton
201 NE 39th Street
9,876
22
Asi-Museum Village
61 NE 40th Street
7,500
23
Suttinf Lovely Rita
95 NE 40th Street
10,000
24
Rosen
151 NE 40th Street
5,000
25
Mosaic/ Chatham
155 NE 40th Street
12,500
26
Moore -Garden
Lounge
175 NE 40th Street
4,735
27
Moore Building
4040 NE 2nd Avenue
30,186
28
Asi- Museum Village
34 NE 41st Street
5,250
23
Asi- Museum Village
42 NE llst Street
5,250
30
Asi- Museum Village
56 NE 41st Street
5,250
UUANY PLATER-ZYBIRK & COMPANY
ARCHiTEC4S AND TOWN PlANNEAS
Special Area Plan Properties
Map '
Building Name
Address
Lot Area
Asi- Museum Village
60 NE 41st Street
10,500
42
Ask Museum Village
80 NE 415t Street
5,250
33
Asi- Museum Village
84 NE 41st Street
5,250
34
Mr- Museum Village
90 NE 41st Street
5,250
35
Moore 140
140 NE 415t Street
5,250
36
Mosaic (1.01)
144 NE 415t Street
5,250
37
Rosen (Lot)
150 NE 4151 Street
5,090
30
Palmer Building
158 NE 41st Street
7,350
39
Asi 53
53 NE 11 st Street
5,250
40
Asi 61
61 NE 41st Street
7,875
AA
Moore 77
77 NE 41st Street
7,875
42
Moore 115
115 NE 41st Street
12,029
43
Scarlet Begonia
135 NE 41st Street
6,3D3
44
Church (FCAA)
150 NE 42nd Street
66,625
4.5
4100 / Lee
4100 NE 2nd Avenue
20,868
tti
4141
4141 NE 2nd Avenue
96,268
4(
4200
4200 NE 2nd Avenue
5,100
43
Flagler
4218 NE 2nd Avenue
15,200
49
4240
4240 NE 2nd Avenue
5,350
50
City Garage
3800 NE 1st Ave
31,521
51
Sebastian
35 NE 36th Street
9,500
Total Lot Area:
831,232 sf
Open Space, Civic Space and Aggregate Parking throughout the Miami Design District Retail Street SAP
Area are tracked by an interactive table.
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Miami Design District Retail Street Special Area Plan Special Area Plan Properties and Boundary
Lots Included in Special Area Plan
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
CD
le lel*
0
%.I. O.. NI NI111
0
0
0
N.L. I
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0
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0
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A1.5
Miami Design District Retail Street Special Area Plan
Existing Future Land Use Map
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
MiL{ Lt NozcA -
Existing and Proposed Future Land Use Maps
Proposed Future Land Use Map
Rb ancted
Med Co
D M F
^.e s
Single Family Residential
Duplex Residential
Medium Density Multi -Family Residential
Medium Density Restricted Commercial
Restricted Commercial
General Commercial
Major Institutional, Public Facilities
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l�
� I
A1.6
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Miami Design District Retail Street Special Area Plan
Existing Zoning
T3-
J
T3-0
T4-L
T4.0
T5-0
Y
T6.12.0
TB-12.0
CI
J
CI
DUANY PLATER-LYBERK & COMPANY
ARCHITECTS AND TOWN RLANNERS
Existing and Proposed Zoning
Proposed Zoning
1� I IJ=H1
T3.0
T3L
�`" IITTit1
T3-0
T4-L
T4-0
T4-0
T5-o
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iT6.8-0
j6-,12 ,0
TB-0
T6.12.0
I VL J•✓l ��� L
112
� I� T6.12-0
CI
J
CI
171/ mvo
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ATZZ lnirl r1c t -i -2-(1(44Ae—
AS ADOPTED 07.26.12
T6-12
T6-8
T5
T4
T3
C ivic• I nstitutional
Established Setbacks
A1.7
Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBEAK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Existing Conditions
AS ADOPTED 07.26.12
'1N31A.111D00
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1VNISI2I0 dflNDV8 1VNISIHO 01
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A1.8
Miami Design District Retail
Existing and Proposed Development,
1. Proposed Department Stores
2. Proposed Retail
3. Existing Commercial
4. Proposed Hotel
5. Proposed Residential Above Retail
6. Proposed Garage with Retail
7. Proposed City Garage
8. Existing Live/Work
Street Special Area Plan
by Principal Use'
143,280 sf
318,342 sf
490,096 sf
TOTAL Development SF
N.B. The following are calculated by unit
and are not included in the above total.
Proposed Hotel (#4)
Proposed Residential Above Retail (#5)
Proposed Residential Above City Garage (#7)
951,718 sf
53 keys
72 units
24 units
'The above -listed program may exceed these development numbers by up to
1O%, pursuant to 7.1.2.5.0,28 without returning for further review, provided this
deviation works within the capacity of the studies conducted for the SAP area.
Similarly, Uses indicated are Principal Uses and further mixing or reallocation of
use may occur within the area as allowed by the development capacity, zoning,
and land use for the sites.
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Giza,Pat<4 -2+
Illustrative Master Plan
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A1.9
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Miami Design District Retail Street Special Area Plan
New Building Lot Coverage
r90%
N_r ?nu `",
NE 38th ST
• 195
NE 42n9 ST
NI st ST
NE 4G1h ST
NE.39th ST
NE 38th ST
(k),D) 3AV Ist 314
New Building Lot Coverage/Civic Space
Proposed Civic Space
1- 195
_k
(k1u0,0)) 3AV PLC iN
1-7 New Building S Open ace
P P
I I
Existing Building Civic Space
New building lot coverage west of NE 2nd Avenue will be an aggregate of 93.5% or less. Each number
depicted here shows likely build -out.
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND 7 0 W N PLANNERS
Civic Space shall be 5% of total new Building Lot Area. It may be concentrated at Plazas as indicated or
included in the Pedestrian Passage, Courtyard or Green Civic Space types, as defined bythe Code and
designed into the master plan. Open Space beyond the Civic Space requirements may count towards
Open Space requirements.
.Giza. 11647,t t
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Miami Design District Retail Street Special Area Plan
Proposed and Existing Buildings
a?na ST
NI I r ST
NE 4)h ST
NE 39th ST
NE 381h ST
I- 195
KEY
E1wSTINO BUILaINas
NEW outiDINaS
OMITTED FROM EAP
BLOCKS
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Si
NE • ,1 sT
NI -.irh ST
NF 39th ST
NF 391E ST
Proposed Buildings/Proposed Uses by Floor
1) �Lv Isl. IN
Underground Parking
I - 195
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UZAGT,1 Pluxr.,
z
AS ADOPTED 07.26.12
Parking 111.
Department Stores
Retail/Commercial
Restaurants Lodging
Residential
A1.11
Miami Design District Retail Street Special Area Plan
NE 4Ena ST
NE 41 s ST
Floor 1
z x
m rn
111 ILir
-
NE3yth ST 1'
. ■
NL. 3tRh 57gi Wig
ir
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
NE 47nd 5T
E cis' ST
Proposed Uses by Floor
Floor 2
All I
Pa
m m
n ,b
j z
NE 3Bt1L ST lir
IF
Nt 78tr1 S1
Nt IXh S1
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Parking a
Department Stores
Retail/Commercial Restaurants -
Lodging
Residential
Retail Frontage
A1.12
Miami Design District Retail Street Special Area Plan Proposed Uses by Floor
N
NL 'MST
NE Apt1 ST
NE 39th ST
NE 300! ST
• 195
Floor 3 Floors 4 +
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
1 mr
•
NE 4ini Si
NE 4Isi ST
NE 4a11 ST
NE. 39tfl ST
r
NE 3881 ST
n _ (J
; +n
n is
1
195
Parking Department Stores
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DOCUMENT. Mixed Use
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A1.13
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Section A,2 - Thoroughfares and Circulation
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Miami Design District Retail Street Special Area Plan
NE 42nd ST (City)
NE 41st ST (City)
NE 40th ST(City)
NE 39th ST (City)
NE 38th ST (City)
DUANY PLATER-ZYBERK & COMPANY
ARCHI*EC TS AND TOWN PLANNERS
`t!"1.at
I totRA'2(i�L�iG
Proposed Frontages
'1N3 W f1DOd
Principal SAP Frontage -
Secondary SAP Frontage -
Pedestrian Passage Frontage
Dashed suggests Frontages for non -owned parcels, where the pattern may not already be clear.
AS ADOPTED 07.26.12
A2.1
Miami Design District Retail Street Special Area Plan Parking Management Program
-IAV IWVIW 14121ON
DUANY PLATER-ZYBFRK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Stita,44 1'1aa,(i-7,g(4iAc
I
Existing Parking"
Existing Underground 168
Dacra-owned spaces
Existing other Dacra- 190
owned spaces
FEC owned spaces 23
on City owned spaces 85
Total Existing Parking 466
Proposed Parking'
Proposed New Structured 2105
Parking
Summary'
Anticipated Parking 2,571
Spaces
Anticipated Required 1,054
`7 Parking
Anticipated Number of 1,517
Surplus Spaces
All numbers subject to change
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A2,2
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Miami Design District Retail Street Special Area Plan
Entering Traffic
—) Surface Traffic Entering
Highway Traffic Entering
DUANY PLATLR-ZYBLRIC & COMPANY
ARCHITECTS A NO TOWN PLANNERS
Giza P1cd (A - ''''.44—
Site Circulation from Major Thoroughfares & Highways
Exiting Traffic
Surface Traffic Exiting
Highway Traffic Exiting
INFORMATION PROVIDED BY:
pr
ison m
n Kimley-Horn
andAssociates, Inc.
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A2.3
Miami Design District Retail Street Special Area Plan Vehicular Circulation Diagram
Entering Traffic
Exiting Traffic
' ; i i ill
/ 1
1 i
Ni 42ndSI T � — — "'�,, �I NLTd19 — — w — — I l
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1 I
ii _ _ ii
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1
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I 1 1 a1
1 NA 41
1 An r---1-------4—r----Y
NF 39th.ST _ ; — «• • — — r — — —pia 1
r 1 I 1— ' ,' II T '
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MIW�'Q 1 I ��
1 J I !1 1 i 1 i i 4
NE 3Bth ST , 1 , ` 1 1 ' i
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' -195 I , 1 1 1-195 I 1 i
i i I I 1 1 i 1 i
I 1 I i 1 1 i i
1 1 1 j % r i
--♦ + % 1 L — i — -- 4 i
1 ,, 1 r- _� , ---
t i
— 3 Entering Traffic
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
�Gtia.�t�G, P1cct4-Z€1(44,tc-
1
0-_ Exiting Traffic
INFORMATION PROVIDED BY:
D —/'� KimleyHom
1 andAssolsates, Inc.
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A2.4
Miami Design District Retail Street Special Area Plan
Bus Routes
Ji
M
1
M nO ST 1
1
1
1
NE 41s1STIIIIII1i
m 1.1
NE tuh ST n
)
NE Mull ST
16
9
.T.> 10
-.� 62
J
36
• •) 1-195
DUANY PLATER-ZYEERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
NE 4151 5T
93
202
- • Proposed City Trolley
Vii-taAG14-11)10-7,?1(41,+/_
Transit & Bicycle Routes
Bicycle Lanes
▪ Existing Bicycle Lane
Future Bicycle Lane
▪ Existing Sharrows
INFORMATION PROVIDED BY:
KlmleyFbm
11....11MIl 1 andAssoaetes,Inc
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A2.5
Miami Design District Retail Street Special Area Plan
All thoroughfares drawn looking east.
N.E. 38TH ST.
Thoroughfares
50
N.E. 41 ST ST,
Notes: All thoroughfares drawn looking east, Proposed thoroughfare cross sections to be developed in civil detailing. Existing
curb sections intended to remain. Islands without interrupting existing drainage may be added. For additional illustrations, see
Section A 4.
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AO TOWN PLANNERS
Mia,c14, I lGcc&1-7.fi�4Lt{L�
AS ADOPTED Qa263120.12 A2.6
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Miami Design District Retail Street Special Area Plan
N.E. 1ST AVE
FJ
N.E.2ND AVE - EXISTING
(typ. between NE 38th and 41st Streets)
1
P 'zed 10-r1ra•"-aV-Cr 'a•z ra"
N.E.2ND AVE - OPTION 1
ALT TRANSIT LANE
Thoroughfares
It 1
1
TU
N.E.2ND AVE - OPTION2
SHARROW
' Please note that all changes to NE 2nd Ave, including the possibility of introducing a central shared transit
lane will need to be discussed with the County,
Notes: All thoroughfares drawn looking north. Proposed thoroughfare cross sections to be developed in civil detailing, Existing
curb sections intended to remain. Islands without interrupting existing drainage may be added, For additional illustrations, see
Section A 4.
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AS ADOPTED 07.26.12
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A2,7
Miami Design District Retail Street Special Area Plan
Block 1 @ Plaza, Looking North
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Block 1 @ 39th St Passage
Sequence of Pedestrian Passage
Block 2 @ 39th Street
Block 2 @ mid -block piazzetta
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A2,8
Miami Design District Retail Street Special Area Plan Sequence of Pedestrian Passage
Block 2 @ Oak Plaza Arcades Block 3 @ Christian Louboutain
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Block 3 @ Mixed Use
StitahtrAl Nct ,l-Zt.�4r rtc_
DEPARTMENT STORE
-, !mom
1111n
Block 4 @ Department Plaza
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A2.9
Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBLRK & COMPANY
ARCHITECTS AND TOWN PLANNERS
za.4 P1azt4
TOD and Proposed Streetcar Route
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A2.10
Section A.3 - Examples and Illustrations
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Palm Court Conceptual Renderings
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A3.1
Miami Design District Retail Street Special Area Plan Eastern Gateway and Pedestrian Passage Conceptual Studies
Approach from 1-195 - Bamboo Green Screen
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UlhtaAtr41_--
Pedestrian Passage at NE 41st Street with view of Block 4 department store and plaza.
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Pedestrian Passage Conceptual Studies
Green wall and waterwall facade on building partially removed to produce Pedestrian Passage. Two views.
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7/V}/ca W1 1 «/1 - l I
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Miami Design District Retail Street Special Area Plan NE 42nd Streetscape Study
This streetscape illustration has been modified by discussions with the neighborhood. Additionally, large specimen tree plantings may occur
in the deeper setback.
DUANY PLATER-ZYBERK & COMPANY
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AS ADOPTED 07.26.12
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Miami Design District Retail Street Special Area Plan
NE 38th Street Elevation Study
NE 42nd Street Elevation Study
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NE 38th and NE 42nd Street Elevation Studies
Thesestreetscape illustrations are part of an iterative process with Neighbors and City Staff.
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UtitctArArt
Recladding Studies for Buena Vista Building
Dusting Banding Facade
Reclad Building Facade
AS ADOPTED 07.26.12
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A3,6
Miami Design District Retail Street Special Area Plan
Study of Block 1 Western Connection
DUANY PLATER-ZYBERK & COMPANY
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MtQ/eArA, i'16(zk1 -2.(i 144z_
Cross Block Connection Conceptual Studies
Study of Block 1 Eastern Connection
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311
A3.7
Miami Design District Retail Street Special Area Plan Hypothetical Retail Streetscape at 30% Glazing
Hypothetical Streetscape showing approximately 30% glazing in aggregate. This image does not reflect actual retail tenants or proposed architecture.
DUANY PLATER-ZYBERK & COMPANY
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cGGtto,441G1 1)"1Gctf4 -1(141 ,4L_-
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A3.8
Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBERK & COMPANY
ARCH 1 T E C T S AND TOWN PLANNERS
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AS ADOPTED 07.26.12
A3.9
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Miami Design District Retail Street Special Area Plan
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Wicatih PlaVA-2(14kAr--
N E 2nd Avenue and NE 41 st Street Studies
AS ADOPTED 07.26,12
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A3.10
Section A 4 - Landscape and Views
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Miami Design District Retail Street Special Area Plan
PROMENF n
PLAN LEGEND
MAHOGANY
GUMBO LIMBO
STRANGLER FIG
Qt SOUTHERN LIVE OAK
41) VERAWOOD
e FLORIDA THATCH PALM
CYCAD/LOW BUSHES
NEW CONSTRUCTION
RENOVATIONS
T EXISTING
OCCUPIABLE ROOF GARDEN
UNOCCUPIABLE ROOF GARDEN
-•--••• GREENWALL
WATER FEATURE
EXISTING TREES
EXISTING PALM
ART/FURNITURE
GUIDELINES
• Comers of promenade and e-w
conldors to get specimen trees and/or
clusters.
• Blank walls facing promenade to be
treated as monochromatic "green
wa is".
• Entrance to garage level to get clad
was green surfaces.
• Southern plaza to be planted with field
of Florida thatch palms In clusters of 3
to 4.
• Water Features shell have no water
sprouts. All water features to use
saltchlorine generators. Water feature
water surfaces shall be french gray or
DUANY PLATER-GYBERK & COMPANY
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42ND STREET ,
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Landscape Mass I:. P! fn
GREEN WALL AT
GARAGE ACCESS
DESTINATION WATER
FEATURE
GREEN WALL
GREEN WALL
CVCADS AND LOW
PLANTS AT POCKETS'
GREEN WALL AT
BLANK FACADES
WATER FEATURE
SPECIMEN TREE AT
CORNERS
WATER FEATURE
CYCADS AND LOW
PLANTS AT POCKETS'
SPECIMEN TREE AT
CORNERS
WATER FEATURE
PALM PLAZA
AS ADOPTED 07.26.12
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1. TREE DISTRIBUTION ON STREET
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2. TREE DISTRIBUTION IN PROMENADE
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Sample of Tree Locations
Rect
Street
3. VERTICAL TREE DISTRIBUTION
4. VERTICAL CIRCULATION AND LANDSCAPE
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Roal
Terrace
Sew
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Miami Design District Retail Street Special Area Plan
NE 40th Street - Existing Street View
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NE 40th Street - Proposed Street View
VA-to/4 PlaVA
Conceptual Streetscape Views
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A4.3
Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS AND TOWN PLANNERS
Utita,trAl P1cczcA -21(t cf.
Case Study: NE 40th Street - Facing North
ii .
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IPCI
A4,4
Miami Design District Retail Street Special Area Plan
• VIP 11,0 4,11n411.".Y.r9Y
I
DUANY PLATER-ZYBERK & COMPANY
ARCHITECTS ANC TOWN PLANNERS
Case Study: NE 40th Street - Facing South
AS ADOPTED 07.26.12
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Miami Design District Retail Street Special Area Plan
NE 41ST STREET
NE 40TH STREET
NE 39TH STREET
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SS'
Conceptual Studies for Central Streets
Plo -74 4L,,L
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t
A4.6
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Miami Design District Retail Street Special Area Plan
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ARCH 4 I E C 1 S AND TOWN PLANNERS
View from 1-195 - Green Archipelago in Miami Roofscape
1N3Wf1JOG
N3 3H1 IV N33S 39 NVJ
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IPCI
A4.7
Miami Design District Retail Street Special Area Plan
DUANY PLATER-ZYBERXi & COMPANY
ARCHITECTS AND TOWN PLANNERS
CG{ iczAi P`la,t A-Zfi�4Gt tL
Green Wall and Roof Examples
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A4.8
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Miami Design District Retail Street Special Area Plan
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•
Viiicatrk, f 1GtzcA -2( (444_.
Ambient and Direct Lighting Examples
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Miami Design District Retail Street Special Area Plan Draft LEED ND Checklist
112
AAA
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MEM
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LEED 2009 for Neighborhood Development
Project Scorecard
feelrt LOCattlees ene
Dwell 1 Smart Location
Prereq 2 IRgsenled Species and Ecological Communities
Prereq 3 Wetland and Water Body Conservation
Prereo 4 Agricultural Land Conservation
Prereq 5 Floodplain Avoidance
Credit 1
Credit 2
Credit 3
Credit 4
Credit 5
Credit 6
Credit 7
Credit 8
Credit 9
Preferred Locations
Brownfield Redevelopment
Locations with Reduced Automobile Dependence
Bicycle Network and Storage
Housing and Jabs Proximity
Stew Shoe Protection
Site Design for Habitat or Wetland and Water Body Conservation
Restoration of Habitat or Wetlands and Water Bodies
LorgeTerm Conservation Management of Habitat or Wetlands and Water Bodies
Prereq 1 Walkable Streets
Prereq 2 Compact Development
Prereq 3
Credit I
Credit 2
C retie 3
Credit 4
Credit 5
Credit 6
Credit 7
Credit 8
Credit 9
Connected and Open Community
Walkable Streets
Compact Development
Mixed -Use Neighborhood Centers
Mixed -Income Diverse Communities
Reduced Parking Footprint
Street Network
Transit Facilities
Transportation Demand Management
Access to Civic and Public Spaces
Credit in Amass to Reneation Facftitiet
Credit 11 Visitabllity and Universal Design
Credit 12 Community Outreach and involvement
Credit 13 Local Food Production
Credit 14 Tree -Lined and Shaded Streets
Credit 15 Neighborhood Schools
Prereo 1 Certified Green Building
Prereq 2 Minimum Building Energy Efficiency
Prereq 3 Minimum Building Water Efficiency
Prereq 4 Conetructhi Activity Pollution Prevention
DUANY PLATER-GYBERK & COMPANY
ARCHITECTS AND T0WN PLANNERS
ReQUlred
Regained
Reouiied
Required
Required
10
1
7
3
Required
Required
Required
12
7
2
2
2
Reouired
Required
Required
Required
Project Name: Miami Design District
Date: 8/30T2011
- r.
1.1
Credit 1 Certified Green Buildings
Credit 2 Building Energy Efficiency
Credit 3 Building Water Efficiency
Credit 4 Water•Elncient Landscaping
Credit 5 Existing Building Use
Credit 6 Historic Resource Preservation and Adaptive Reuse
Credit 7 Minimized Site Disturbance In Design and Construction
Credit 8 Storinwater Management
Credit 9 Heat blend Reduction
Credit 10 Soler Orientation
Credit 11 OreSite Renewable Energy Sources
Credit 12 District Hitting and Cooling
Credit 13 Infrastructure Energy Efficiency
Credit fa Wastewater Management
Credit IS Recycled Content in Infrastructure
Credit 16 Solid Waste Management Infrastructure
Credit 17 Light Pollution Reduction
2
1
4
2
Credit I.1 Innovation and Exemplary Performance Eco-WI
Credit I.; Innovation and Exemplary Performance: Innovation Tan
Credit I.: Innovation and Exemplary Performance: Ex. Perf Water E10cirsrcy
Credit 1.• Inno, Innovation and Exemplary Performance: Ex. Pert TBD
Credit 1.1Inca Innovation and Exemplary Perarmancw Ea. Perf TBD
Credit 2 LEED.Accredited Professional
I 0�
Credit 1_ : Reglnnel Priority Credit: NPOre
Credit I.; Regional Priority Credit, NPDc3
Credit I.: Regional Priority Credit: Gi9c16
Credit 1., Regional Priority Credit: GI& 1 a
Emma Project Totals (Certification estimates(
110 Points
iitaXtriri - 1
Certified: 40-19 Ponds. Silver: 5r3 57 D:V:t. Gold: ns Platinum: e0. ;,rims
AS ADOPTED 07.26.12
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Exhibit "C"
Retail Developer Party
Retail Developer Party Entities:
40 District LLC
Cumberland Acquisitions LLC
Dacra Design Associates (Del.) LLC
Dacra Design Moore (Del,) LLC
FCAA, LLC
McCrory Design Associates (Del.) LLC
Moonlight Mile Acquisitions, LLC
Mosaic (Del.) LLC
MID -I Lee, LLC
Oak Plaza Associates (Del.) LLC
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{24643761;2)
49
Exhibit "D"
ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JOINDER FOt AND ACKNOWLEDGEMENT
OF JOINDER
This ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JOINDER FORM ("Joinder Form") is executed 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 own 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; and
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.
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{24643761;2) 50
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]
By:
PrintName: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
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:
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(24643761;2) 51
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
By:
Print Name; Johnny Martinez
City Manager
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
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:
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(24643761;2) 52
Exhibit "E"
Letter of support from Buena Vista East Historic Neighborhood Association dated
November of 2011
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(24643761;2} 53
November 22, 2E111
Rich Ralmann
President
Buena Vista East Historic Neighborhood Association
RE: Understanding between Dacra and the BVEHNA
Dear Rich,
We appreciate the time you and ether members af your boards have taken to meet with us about the
development plans for the Design District.
Based swop toe meetings, we have Mode some design changes to the plan with your guidance, end
those are Outlined below. With the incorporation of these changes, the Associations have agreed to
support our development plan as it goes through the SAP and other entitlement hearing pror.esses.
Modifications to our pins shall -Included the following;
1, 'Deere agrees that there will not be garage entrance, nor any duMpster storage anywhere
along the NE 42'1'1 51 facade of our development.
2. The BVEHNA is nut opposed to a department store entrance on the NE 42 St. facade, and
Dacca will use its bast efforts to work With the future tenant te have an entrance from the
department store out to NE 42" St.
3. Deere will increase the setback inf the NE 42 St. facade from 5 it. to 10 ft at the 111 floor, Bad
will set back the 2" floor a further 5 ft.
4. Tills setback area will include a lundscape wall. We will remove water features from this wall
and Instead include staggered planters as one element of the design.,
5, At the request of BVEHNA, Deere will Miff] inate the park it was proposing and instead will work
with BVEHNA to design the south side of the NE 4-2"St, right-of-way (sidewalks and swale) to
include a more inteesiue landscaping plan ernipeteritial mearederfng sidewalk layout,
6. DACRA will exceed any required tree mitigation as part of our development plan, with possible
relocation of trees to the BVEHNA.
7, DACRA will advocate and assist BVEHNA with beautification efforts an N. Miami Avenue up to
5401 St.
8. DACRA is supportive of the efforts of BVEHNA to have one way streets and parliai closures
throughout the ‘residerrriar neighborhood.
Acknowledged,
Raimenn, Pride
BVEHNA
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SUBSTITUTED
VELOPMENT AGREEMENT BETWEEN CITY OF
, FLORIDA AND FLAGLER HOLDING GROUP,
N MONTE CARLO ASSOCIATES (DEL.) LLC,
O+' LIGHT MILE ACQUISITIONS, LLC, MCCRORY
DESI ASSOCIATES (DEL,) LLC, 39TH STREET (DEL.)
LLC, ALF-CIRCLE PROPERTY (DEL.) LLC,
NORWE ! AN WOOD ACQUISITIONS, LLC,
CUMBERL t, ND ACQUISITIONS LLC, OAK PLAZA
ASSOCIAT (DEL.) LLC, DACRA DESIGN ASSOCIATES
(DEL.) LLC, EN NEWTOWN, LLC, SWEET VIRGINIA
ACQUISITION' LLC, LOVELY RITA ACQUISITIONS,
LLC, 40 DIST T LLC, MOSAIC (DEL.) LLC, DACRA
DESIGN MOORE 1 EL.) LLC, FCAA, LLC, MID -I LEE,
LLC, DACRA DES N 4141 LLC, MDDA GARAGE, LLC,
ROCKY RACCOO ACQUISITIONS (DEL.) LLC,
REGARDING APPRO AL OF THE MIAMI DESIGN
DISTRICT RETAIL ST ET SPECIAL AREA PLAN AND
RELATED DEVELOPME
THIS AGREEMENT is entered this
Flagler Holding Group, Inc., a Florida profit c
Moonlight Mile Acquisitions, LLC (as succes
Rothman Design LLC, Dacra Design Miami (De
McCrory Design Associates (Del.) LLC, 39th Stree
LLC, Norwegian Wood Acquisitions, LLC (and
Acquisitions, LLC), Cumberland Acquisitions, LLC (and
Design, LLC), Oak Plaza Associates (Del.) LLC, Dacra
Newton, LLC, Sweet Virginia Acquisitions, LLC, 40 Distric
successor by merger to Palmer Design (Del.) LLC), Dacra De
LLC (and as successor by merger to Scarlet Begonia Holdings,
Design 4141 LLC, MDDA Garage, LLC, and Rocky Raccoo
Delaware limited liability companies (each, individually, "Develope
"Developer Parties"), and the CITY OF MIAMI, FLORIDA, a rnu
political subdivision of the State of Florida ("City") (Developer and th
as the "Parties").
WITNESSETH:
day of , 2012, by and between,
ation, Monte Carlo Associates (Del.) LLC,
y merger to Electra Design (Del.) LLC,
LC, and Miami Avenue (Del.) LLC,
1.) LLC, Half -Circle Property (Del.)
uccessor by merger to Lady Jane
successor by merger to Hale Daniel
ign Associates (Del.) LLC, Ben
C, Mosaic (Del.) LLC (and as
gn Moore (Del.) LLC, FCAA,
C), MID -I Lee, LLC, Dacra
Acquisitions (Del.) LLC,
y," and collectively, the
cipal corporation and a
ity together referred to
WHEREAS, the Miami Design District (the "District") spans portions o ' welve (12) city
blocks containing all the properties generally bounded on the east by Biscayne Bo levard; south
by NE 36th Street; west by North Miami Avenue; and north by NE 40th Street ► properties
generally located within the area boundaries of the Miami Design District area D-8") as
designated under Ordinance 11000; and serviced by three (3) Miami -Dade Transit route' and
WHEREAS, the District has recently become an internationally recognized cen r fo
furniture design and a burgeoning home for the arts, high fashion, restaurants, and a cente fo
creative employment; and
{24643761;2}
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AS, the emerging status of the District is consistent with the City's vision to
develop a w Id class destination for the arts, fashion, and design, and, as such, the City wishes
to encourage development within the District; and
WHE' S, a subset of the Developer Parties wish to redevelop some of the SAP
Properties as a mi ed-use, pedestrian oriented, urban retail street anchored by high -end fashion
brands heretofore u vailable within the City (the "Retail Street Project"); and
WHEREAS, City and Developer Parties wish for development of the SAP Properties
to proceed in a mariner hich is consistent with the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan") d the land development regulations; and
WHEREAS, the p perties within the SAP Area carry Future Land Use Map
designations of Duplex Re 'dential, Medium Density Restricted Commercial, Restricted
Commercial, and General Com ercial in the Comprehensive Plan; and
WHEREAS, the City and 1 eveloper Parties wish to amend the Future Land Use Map
designations within the Comprehei ve Plan for selected properties within the Retail Street
Project from Duplex Residential Medium Density Multifamily Residential to Medium
Density Restricted Commercial in orde o facilitate redevelopment within the District; and
WHEREAS, a process exists wi in the Miami 21 Zoning Code ("Miami 21") which
allows parcels of more than nine (9) ab ing acres to be master planned to allow greater
integration of public improvements and infr tructure, and greater flexibility so as to result in
higher or specialized quality building and stree pe design; and
WHEREAS, the result of this master pia g process is known as a "Special Area Plan"
("SAP"); and
WHEREAS, the Developer Parties hold fee s ple title to approximately 19.08 acres of
property within the District; and
WHEREAS, the lots which comprise the Miami Iesign District Retail Street Special
Area Plan properties are those identified on page A1.4 an. 1.5 of the Miami Design District
Retail Street Special Area Plan Design Concept Book (here iafter, the "SAP Property", "SAP
Properties", or "SAP Area") (sketch and legal descriptions o which are attached as Exhibit
"A"); and
WHEREAS, Sec. 3.9.1. f, of Miami 21 requires develop nt within an SAP to occur
pursuant to a Development Agreement between the property owner d the City; and
WHEREAS, the City and Developer Parties wish to rezone so of the SAP Properties
from T3-L, T3-O, T4-L, T4-O, T5-O, T6-12 L to Miami Design District ail Street SAP, with
modifications to the underlying Transect designations to T4-O, T5-O, T6 -0, and T6-12-0 in
order to facilitate redevelopment within the SAP Area and effectuate the tail Street Project;
and
(24643761;2} 2
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EREAS, this Development Agreement ("Agreement") satisfies the requirement set
forth in Se 3.9 of Miami 21 ; and
WHE AS, the City and Developer Parties wish for development within the District to
proceed substan.'ally in accordance with the Miami Design District Retail Street SAP Regulating
Plan and Design . oncept Book attached as Exhibit "B" ("Regulating Plan and Design Concept
Book "); and
WHEREAS, t lack of certainty in the approval of development can result in a waste of
economic and land res• ces, discourage sound capital improvement planning and financing,
escalate the cost of hous g and development, and discourage commitment to comprehensive
planning; and
WHEREAS, assuranc- o Developer Parties that they may proceed in accordance with
existing laws and policies, subje to the conditions of a development agreement, strengthens the
public planning process, encourag sound capital improvement planning and financing, assists
in assuring there are adequate c..ital facilities for the development, encourages private
participation in comprehensive planni and reduces the economic costs of development; and
WHEREAS, the City Comm' ion pursuant to Ordinance No. 12- , adopted
July 26, 2012 has authorized the City Ma . ger to execute this Agreement upon the terms and
conditions as set forth below, and the Deve •per Parties have been duly authorized to execute
this Agreement upon the terms and conditions -t forth below.
NOW THEREFORE, in consideratio of .the mutual covenants and agreements
hereinafter contained, the parties mutually agree an.. bind themselves as set forth herein:
Section 1. Consideration. The Parties hereby ag e that the consideration and obligations
recited and provided for under this Agreement constitut: 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 exprsly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in pl al include the singular;
(c) A pronoun in one gender includes and applies to other gend: s as well;
(d) The terms "hereunder", "herein", "hereof, "hereto" and such 'milar terms shall
refer to the instant Agreement in its entirety and not to indi • ual sections or
articles;
(e) The Parties hereto agree that this Agreement shall not be more stric
against either the City or Developer, as all parties are drafters of this
and
{24643761;2} 3
construed
reement;
SUBSTITUTED
The recitals are true and correct and are incorporated into and made a part of this
greement. The attached exhibits shall be deemed adopted and incorporated into
Agreement; provided however, that this Agreement shall be deemed to control
in e event of a conflict between the attachments and this Agreement.
Section 3. Defim ons. Capitalized terms which are not specifically defined herein shall
have the meaning give 'n Miami 21.
"Agreement" mea this Agreement between the City and Developer.
"City" means the C of Miami, a municipal corporation and a political
subdivision of the S e of Florida, and all departments, agencies and
instrumentalities subject to e jurisdiction thereof.
"Comprehensive Plan" mea the comprehensive plan known as the Miami
Comprehensive Neighborhood , adopted by the City pursuant to Chapter 163,
Florida Statutes (2011), meeting e requirements of Section 163.3177, Florida
Statutes (2011), Section 163.31 , Florida Statutes (2011) and Section
163.3221(2), Florida Statutes (2011), ich is in effect as of the Effective Date.
"County" means Miami -Dade County,political subdivision of the State of
Florida.
"Developer Party" means an individual prop owner who is a signatory to
this Agreement.
"Developer Parties" means the property owriers ho are signatories to this
Agreement.
"Development" means the carrying out of any building tivity, the making of
any material change in the use or appearance of any stru ure or land, or the
dividing of land into three or more parcels and such other ac. ities described in
Section 163.3221(4), Florida Statutes (2011).
"Effective Date" is the date of recordation of the executed, origi 1 version of
this Agreement.
"Existing Zoning" is (a) Miami 21 Code, April 2012, specifically inclu ng the
Miami Design District Retail Street SAP Regulating Plan and Design C cept
Book, and related modifications to the Transect designations of lots withi the
SAP Area, and (b) the provisions of the Charter and City of Miami Code
Ordinances ("Code") which regulate development, specifically including Chapter
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.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
{24643761;2) 4
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means all ordinances, resolutions, regulations, comprehensive plans, land
dev p ent regulations, and rules adopted by a local government affecting the
development of land.
"Public cilities" means major capital improvements, including, but not limited
to, transp ation, sanitary sewer, solid waste, drainage, potable water,
educational, •arks and recreational, streets, parking and health systems and
facilities.
"Retail Develop
are signatories to
Retail Street Proje
Party" consists of the parties identified in Exhibit "C", who
Agreement and will be undertaking the development of the
"Retail Street Project eans that proposed development within the Design
District SAP slated to oc on properties within the SAP area and denoted as
properties 2, 3, 4, 5, 6, 7, 1 14, 15, 16, 17, 18, 19, 20, 24, 25, 26, 27, 35, 36, 37,
38, 42, 43, 44, and 45 on sh t A1.5 of the Miami Design District Retail Street
Special Area Plan Design Coneet-Book.
Section 4. Purpose. The purpose of iis Agreement is for the City to authorize Developer
Parties to redevelop the SAP Properties pur ant to the Miami Design District Retail Street SAP.
This Agreement will establish, as of the Effe ive Date, the land development regulations which
will govern the development of the SAP Prop 'es, thereby providing the Parties with additional
certainty during the development process. This greement satisfies the requirements of Section
3.9.1,f, Miami 21.
Section 5. Intent. Developer Parties and the Cit end for this Agreement to be construed
and implemented so as to effectuate the purpose of the iami Design District Retail Street SAP,
this Development Agreement, the Comprehensive Plan, x sting Zoning, and the Florida Local
Government Development Agreement Act, s. 163.3220 - 3243, Florida Statutes (2011).
Section 6. Applicability. This Agreement only applies ti the SAP Properties identified in
Exhibit "A."
Section 7. Term of Areement Effective Date and Bindin' This Agreement shall
have a term of thirty (30) years from the Effective Date and sh be recorded in the public
records of Miami -Dade County and filed with the City Clerk. The te 1 of this Agreement may
be extended by mutual consent of the Parties subject to a public hearing, ursuant to s. 163.3225,
Florida Statutes (2011), This Agreement shall become effective on the ective Date and shall
constitute a covenant running with the land that shall be binding upon, ana nure to, the benefit
of the parties, their successors, assigns, heirs, legal representatives, and perso 1 representatives.
Section 8. Permitted Development Uses and Building Intensities.
(a) Miami Design District Retail Street SAP Designation. The City h designated
certain properties as the Miami Design District Retail Street SAP on e official
zoning Atlas of the City, pursuant to the applicable procedures in Miam 1. The
Regulating Plan and Design Concept Book are attached as Exhibit 1. In
{24643761;2} 5
SUBSTITUTED
approving the Miami Design District Retail Street SAP, the City has determined
that the uses, intensities and densities of development permitted thereunder are
onsistent with the Comprehensive Plan and the Existing Zoning.
(b) De ity, Intensity, Uses and Building Heights.
(c)
(1) A s of the Effective Date and pursuant to the Miami Design District Retail
reet SAP, the density and intensity proposed for the SAP shall be
co istent with the densities and intensities permitted by the Existing
Zon • g.
(2) The n
includes,
entertainm
Zoning.
-residential development permitted on the SAP Properties
ut is not limited to, the following uses: office, hotel, retail,
t, educational, and any other uses permitted by the Existing
(3) Nothing herein
change of zonin
density or intensity
designation of that c
District Retail Street S
hall prohibit the Developer Parties from requesting a
pursuant to Article 7 of Miami 21, to increase the
f development permitted by the underlying Transect
ain property forming part of the Miami Design
by amending the SAP and this Agreement.
(4) In the event the City .shou ' amend its Comprehensive Plan to permit the
transfer of densities within specified area so as to permit densities in
excess of the density limits seforth in a particular Future Land Use Map
category, nothing herein sha prohibit the Developer Parties from
requesting such density transfers ithin the Miami Design District Retail
Street SAP.
Environmental. The City finds that the pr..osed development will confer a
significant net improvement upon the publicly a cessible tree canopy in the area.
The City and Developer Parties agree that Develo -r Parties will comply with the
intent and requirements of Chapter 17 of the City Code, subject to the
modification set forth herein, by performing tree r=.lacement within the SAP
Area where possible.
(1) Off -site replacement trees. Notwithstanding the re 'uirements of Sec. 17-
6. (e) of the City Code, where replacement within .1 e SAP Area is not
possible, Developer Party may enter into an agreem- 't with the City to
perform tree replacement on public property in the • lowing order of
priority: (i) within the District; (ii) within a one (1) m radius of the
District; or (iii) within any City park. - Particular emphasi shall be paid
to replacement along gateway corridors within and surrunding the
District, specifically N. Miami Avenue, N.E. 2"d Avenue, NE .6th Street,
NE 1st Avenue, and Biscayne Boulevard. The City further . •.rees to
facilitate the permitting and planting of replacement trees on all . blicly
owned property within the area and within City parks. Each Dev- open
{24643761;2} 6
SUBSTITUTED
Party undertaking tree replacement off -site for any parcel of land within
the SAP Area shall agree to water, trim, root, prune, brace, or undertake
any other necessary maintenance as may be required by the Public Works
Department for a period of not greater than thirty (30) days after
installation. Each Developer Party further agrees to warrant each off -site
replacement tree for a period of one (1) year after the date of installation.
2 SAP Area tree installation, maintenance and guarantee. For all trees
placed within the SAP Area, each Developer Party shall install any needed
igation and corresponding water meters to support the growth of trees
ated within the right-of-way. Each Developer Party undertaking tree
ment for any parcel of land shall agree to water, trim, root, prune,
or undertake any other necessary maintenance as may be required
s located within the SAP Area. Each Developer Party further
warrant each SAP Area tree for a period of one (1) year after
(3)
rep
brac
for tr
agrees
installatio
Tree replace ent chart. The tree replacement chart below, shall be used
to determine ether a Developer Party has satisfied the tree replacement
requirements fo y particular parcel of land as set forth in Sec. 17-6.(a)
of the City Code. The chart below shall replace and supersede Chart
17.6.1.1. in the City ode.
T 'e Replacement Chart
Total diameter of tree(s) to be remove
(sum of inches at DBH)
Total inches of replacement DBH
required (12' minimum tree height)
2"- 3"
ti
4"- 6"
,
1 7"- 12"
si,
13"- 18"
12"
19"- 24"
16"
25"- 30"
20"
31"- 36"
24"
37"- 42"
28"
43"- 48"
32"
49"- 60"
40"
To determine whether the replacement requirement ave been satisfied,
calculate the total sum in inches of the diameter of the ees removed. The
size of the replacement trees diameter at breast height must equal
the total inches of replacement DBH set forth in above chart.
Diameter measurement shall be rounded up to the nearest in . If the sum
of the diameter of trees to be removed exceeds a total of 6 inches, the
additional inches shall be added cumulatively from the top o the chart,
{24643761;2) 7
Section 9.
SUBSTITUTED
down to the bottom of the chart, to calculate the number of DBH for
replacement trees.
(4) Tree species. The chart set forth below shall replace and supersede Chart
17.6.2.1. in the City Code. All other requirements set forth in Sec. 17-
6.(b) of the City Code shall apply within the SAP Area.
Require total DBH for replacement
trees
Required minimum number of species
22"-
40"
2
41"-
100"
4
101" or greater
6
(5)
Tree install. on. A Developer Party shall install trees opportunistically
within the pu c right-of-way, subject to approval by the Department of
Public Works.
Connectiv
d Activi Public Ri ht-of-
(a) Connectivity. A critical elem to the success of the Retail Street Project is the
below -grade connectivity withi the public right-of-way along N.E. 41st Street.
The proposed below -grade conne 'on will facilitate ease of access, minimize
pedestrian and vehicular conflicts, • d reduce the Retail Street Project's traffic
impacts by enhancing internalized affic circulation and reducing off -site
impacts.
The Retail Developer Party recognizes such connectivity and commercial
usage may require approval of other gover tal agencies such as Miami -Dade
County. The City finds and determines thatdishing such connectivity below
N.E. 41st Street serves a public purpose, and er agrees to support the Retail
Developer Party's efforts to obtain any authorizath to establish such proposed
below -grade connection.
The City further finds that the authorization of such a co ection below the public
right-of-way shall in no way diminish access for firelight apparatus or rescue
and salvage operations; diminish traffic, transportation nd circulation; or
adversely impact the advancement of the safety, health, a general welfare
within the City.
Given the public benefits conferred upon the City by the below-gra connection
beneath N.E. 41s1 Street and across the public right-of-way, the provis ns 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, Th City
finds that the encroachments proposed by the Retail Developer Party d
unduly restrict the use of the public right-of-way and are an essential element n
{24643761;2} 8
SUBSTITUTED
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.
5-14(b) of the City Code,
No ithstanding the requirements of Sec. 55-14(c) of the City Code, the City
agre- to waive any and all claims to payment of a user fee in connection with the
constr tion of the aforementioned encroachments within the public rights -of -
way.
Further, thi greement shall satisfy the requirements of Sec. 55-14(d) of the City
Code. In co ideration for authorizing the construction of the aforementioned
encroachments, e Retail Developer Party further covenants to:
(1) Maintain below -grade vehicular underpasses in accordance with the
Florida Buil. g Code and the City Charter and Code.
(2) Provide an ins ce policy, in an amount determined by the city's risk
manager, naming e City as an additional insured for public liability and
property damage. i e insurance shall remain in effect for as long as the
encroachment(s) exi within the right-of-way. Should the Retail
Developer Party fail to ontinuously provide the insurance coverage, the
City shall have the right t secure similar insurance policy in its name and
place a special assessme lien against the owner's abutting private
property for the total cost of t e premium.
(3)
The Retail Developer Party shal old harmless and indemnify the City, its
officials and employees from an laims for damage or loss to property
and injury to persons of any nat whatsoever arising out of the use,
construction, maintenance or removal he vehicular underpass and from
and against any claims which may arts out of the granting of permission
for the encroachment or any activity pe ormed under the terms of this
Agreement.
Section 10. Public Facilities. As of the Effective Date, the Dev
an extensive analysis of the Public Facilities available to serve the
Street Project. In the event that the Existing Zoning and/or the Comp
Developer Party or the Retail Developer Party to provide Public Fa
deficiencies in required levels of service occasioned by future developmen
or as a result of the development of the Retail Street Project, such Develope
Developer Party, as appropriate, shall provide such Public Facilities consisten
requirements of s, 163,3180(2)(a), (b) and (c), Florida Statutes (2011), or as oth
by Chapter 13 of the City Code, if applicable. The Developer Parties shall be boun
impact fees and assessments in existence as of the Effective Date of this Agreement.
Section 11. Project Approval.
(a)
er Parties have conducted
P Area and the Retail
ensive Plan require a
ies to address any
th1n the SAP Area
arty or the Retail
with the timing
wise required
by the City
Future Development Review. Future development within the Miami D `gn
District Retail Street SAP shall proceed pursuant to the processes and
(24643761;2) 9
SUBSTITUTED
accordance with the design set forth in the Regulating Plan and Design Concept
Book, attached as Exhibit "B". The criteria to be used in determining whether
e development shall be approved is consistency with the Comprehensive
, this Agreement and the Miami Design District Retail Street SAP.
(b) Pro ition on Downzoning.
(1) 'e Comprehensive Plan, the Existing Zoning, and this Agreement ad
sha govern the development of the certain SAP Properties designated
part the SAP and of the Retail Street Project for the duration of the
Agree n . The City's laws and policies adopted after the Effective Date
may be . .plied to the SAP only if the determinations required by s,
163.3233( Florida Statutes (2011) have been made after 30 days written
notice to the developer and following a public hearing or as otherwise
provided he e'
(2) Pursuant to s. 16 233(3), Florida Statutes (2011), this prohibition on
downzoning supple nts, rather than supplants, any rights that may vest
to Developer Parties er Florida or Federal law. As a result, Developer
Parties may challenge any subsequently adopted changes to land
development regulations ed on (a) common law principles including,
but not limited to, equitabl, estoppel and vested rights, or (b) statutory
rights which may accrue byvi e of Chapter 70, Florida Statutes (2011).
Section 12. Alcoholic Beverage Sales. -Upon approv
4 of the City Code, two (2) Retail Specialty Centers are h
the SAP Area, The Miami Design District Retail Stree
("Retail Specialty Center North") shall consist of all SAP Prop
of the right-of-way of NE 40th Street and the Miami Design
Specialty Center South ("Retail Specialty Center South") shal
of the mid -line of the right-of-way of NE 40th Street.
is Agreement, pursuant to Chapter
eby designated for properties within
P Retail Specialty Center North
es located north of the mid -line
ict Retail Street SAP Retail
in ude properties located south
The maximum number of establishments selling alcoholic beverage .ermitted within each
Retail Specialty Center shall not exceed five (5) establishments, i lusive of any such
establishments in existence as of the date of this Agreement, but exclusi of any bona fide,
licensed restaurants where the sale of alcoholic beverages is entirely in 'dental to and in
conjunction with the principal use of the sale of food (e.g. bona fide, licensed r taurants, with a
2-COP, 2-COP SRX, 4-COP, 4-COP SRX or an equivalent license). The numb of approved
establishments may be increased by amendment to this Agreement.
Each establishment selling alcoholic beverages permitted within the Retail Special Center
North and the Retail Specialty Center South, exclusive of bona fide, licensed restaurant here
the sale of alcoholic beverages is incidental to the principal use of the sale of food, sh. be
permitted pursuant to the requirements of the Miami Design District Street Regulating P
attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 of the Ci
Code not in conflict with the provisions of this Agreement.
(24643761;2}
10
SUBSTITUTED
Each o the alcohol beverage establishments within both the Retail Street SAP Retail Specialty
Center rth and Retail Specialty Center South permitted pursuant to this Section shall be
reserved f. the benefit of the Retail Developer Party, unless otherwise modified by a separate
written agree ent between the Developer Parties.
Section 13. et Parkin. The Developer Parties intend to establish a uniform valet system
to service the S Properties and the District generally. Notwithstanding the limitations set
forth in Sec. 35-30 , a maximum of two (2) valet permits may be issued for the operation of a
valet parking ramp on e same side of the block where the permit applicant is the operator of the
uniform valet system.
Section 14. Tem / ecial Events. To the extent governed by the laws and regulations of
the City of Miami, the City o mission hereby finds and agrees that the following special
events constitute ancillary use of the Retail Street Project: event banners, farmers' markets,
grand openings, holiday sales, o oor sales, ground breakings, and neighborhood sales events.
For events which the Retail Develo er Party anticipates to exceed (75%) seventy five percent of
the maximum permitted occupancy, iclusive of Open and Civic Space or (2,100) two thousand
one hundred guests, whichever is less, e Retail Developer Party, or its designee, shall submit
an application for review to the City Ne hborhood Enhancement Team (NET) office servicing
the District no less than five (5) working ys prior to the date of any such event. The City
agrees to complete its review within three working days of the submittal of the required
application to ensure coordination of needed ty services and avoid possible adverse impacts
due to multiple events occurring within the irnme. ate and surrounding area.
The City Commission further finds th the above -listed activities, which shall not
exceed the maximum permitted occupancy of the Ret Street Project, will not:
substantially interrupt the safe and orderly ovement of other traffic contiguous
to the special event;
(ii) substantially diminish routine police service leve to the entire community;
( ') unduly interfere with the proper fire and police prote tion or ambulance service to
areas contiguous to the special event as a result of concentration of persons
and vehicles;
(iv) interfere with the movement of firefighting apparatus en r. ute to an emergency
call; and
(v) present an unreasonable danger to the health and safety of the pu
Notwithstanding the requirements of Secs. 62-521, and 62-522, the above -stated a ivities shall
not require the issuance of a City permit.
Section 15. Public Benefits.
(a) Job Creation & Employment Opportunities. Generally, the Developer Pa es
shall consult with local and/or state economic development entities regarding
24643761;2) 11
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training and job placement services for area city residents seeking employment
opportunities with potential employers which will locate or establish a business
• hin the SAP Area.
(2)
(3)
Construction Employment. The Developer Parties shall use best efforts to
work with the City in the following areas:
Job Sourcing, The Developer Parties shall require their general
contractor(s) to use best efforts to work with the City's Miami
orks Initiative to source job opportunities for both skilled and
u killed laborers seeking employment opportunities within the
co truction industry.
b. Com,n ily Business Enterprise (CBE) Participation. The
Develop Parties shall require their general contractor(s) to use best
efforts to ssign a minimum of twenty percent (20%) of the
construction contract value to subcontractors whose firms are
certified by M ...Dade County as CBEs.
c. Local Workforc Participation. The Developer Parties shall
require their gener. contractor(s) to use best efforts to employ a
minimum of twenty cent (20%) of on -site labor from persons
residing within the m cipal boundaries of the City of Miami.
Restaurant and Retail Ernployme
a significant number of employ
retail sectors will be generated wi
shall use best efforts to work with
culinary and retail institutes, or with si
in consultation with the City, to place
programs in employment opportunities withi
The Developer Parties anticipate that
opportunities in the culinary and
e SAP Area. Developer Parties
i Dade College, through its
institutions or organizations,
qualified graduates of such
SAP Area.
Hospitality Employment. The Developer Pai
of job opportunities in the hospitality sector
SAP Area. The Developer Parties shall use bes
Miami Dade College, through its hospitality ins
institutions and organizations, in consultation with
qualified graduates of the hospitality institute in employm
within the SAP Area. In addition, the Developer Parties
efforts to assist the City in identifying employment opportu
{24643761;2} 12
e anticipate that a number
ill e generated within he
orts to work with
, or with similar
City, to place
t opportunities
1 use best
ities within
(b)
SUBSTITUTED
the hospitality sector outside the SAP Area and place qualified graduates
of the hospitality institute in positions,
c/Open Space Enhancements. As consideration for certain reductions to
dards set forth in the City's land development regulations, the Developer
Pa hereby agree to undertake the following improvements:
(1) Woodson Mini -Park: The City owns and operates an existing mini -park,
ated at approximately 699 NE 36th Street (Folio No. 01-3219-000-
00 0), consisting of a parcel of land approximately 6,811 sq. ft. in size and
any provements thereon. In consultation with City Planning staff and
subjei to their approval, and that of any other City department, the
Deve o Parties hereby agree to design and construct the proposed
improve ents (e.g. enhanced landscaping, lighting, fencing, and similar
improve s), etc., to the park at their sole cost and expense within three
(3) years of Effective Date of this Agreement,
(2) Park/0 a A uisition: The Developer Parties shall use best efforts
to acquire a p. el of land of not less than 3,500 sq. ft. in size for
park/open space ithin the SAP Area, the District, or within the
immediate vicinity he District to offset a deficiency of (20,114 sq. ft.)
twenty thousand squ feet of required Open Space. Said parcel of land
shall be dedicated to th- as a public park/open space and improved by
the Developer Parties, ich improvements shall be consistent with the
design treatment approve by the City for Woodson Mini -Park and
incorporate similar elements e.g. enhanced landscaping, lighting, fencing,
and similar improvements), The Developer Parties shall complete
such acquisition and improve within three (3) years of the Effective
Date of this Agreement.
If such acquisition is not timely co eted within period set forth above,
the Developer Parties shall be requiree o make a contribution to the City's
Public Parks and Open Space Trust nd in an amount equal to the
required cash contribution contemplated der Sec. 3.14.4.b.3. of Miami
21 for not less than (20,114 sq. ft.) twenty ousand one hundred fourteen
square feet of Open Space. The amount said contribution shall be
apportioned between each Developer Party in cordance with method set
forth in subparagraph (3) below.
(3) Apportionment of the Cost of Enhancement Acquisition. The
improvements and park acquisition referred to in and (2) above are
called the "Park/Enhancement/Acquisition." The ost of the Park
Enhancement/Acquisition shall be borne by the Develop Parties. Unless
and to the extent that the Developer Parties otherwise agr by instrument
signed by the Developer Parties and recorded in the Pub c Records of
Miami -Dade County, Florida: (a) the Park Enhancement/Ac. sition shall
be initiated by the Retail Developer; (b) each Developer Party all pay to
{211613761;2} 13
SUBSTITUTED
the Retail Developer its share of such cost of the Park
Enhancement/Acquisition as costs are incurred; (c) Retail Developer shall
from time to time have the right to issue (and record at Retail Developer's
option), certificates indicating the status of any sums due to it for the Park
Enhancement/Acquisition. Any such sums not paid to the Retail
Developer within ten (10) days after such payment is due shall bear
nterest at the rate of 18% per annum (but not more than the highest rate
itted by law) and shall constitute a lien on the property within the
that is owned by such Developer Party from whom such payment is
due.
(c) Street Right-o ay Improvements. In order to foster a uniform aesthetic, the
Developer Parties Retail Developer Party, where appropriate, agree that any
right-of-way impro ments to the northern half of NE 38th Street, all of NE 39th
Street, and the southe half of NE 4211d Street between NE 1st and 2" Avenues, as
well as right-of-way im overnents to NE lg and 2"d Avenues between NE 38th
and 42"d Streets, shall i ude the entire length of the block, even when SAP
Properties only make-up a p ion of the block. The Retail Developer Party shall,
at a minimum, improve the ht-of-way immediately fronting SAP Properties
along NE 40'1' and 41 Streets, Developer Parties and Retail Developer Party
agree to construct and maintain, a heir sole cost and expense, any non-standard
improvements to the rights -of -way a escribed above.
The Developer Parties further agree to s .port the City's best efforts to effectuate
the construction of improvements within .ortions of the right-of-way fronting
non -SAP Properties and which will serve to reate a uniform or complementary
design aesthetic within the SAP Area, wheth through the adoption of design
guidelines requiring right-of-way enhancemen which complement the non-
standard improvements proposed by the Develo Parties, solicitation of an
appropriation from another governmental body to c struct such improvements,
or other appropriate action, In the event the City's i st efforts fail to procure
either funding for or construction of the desired rig -of-way improvements
within three (3) years of the Effective Date of this eement, the Retail
Developer Party further agrees to design and construct the 1 tprovements within
the portions of right-of-way fronting on non -SAP Properties ong NE 40th and
41 Streets.
(d) NE 42nd Street Landscaping Enhancements. As evidenced by e letter of
support dated November of 2011 from the Buena Vista Eas Historic
Neighborhood Association ("Association"), attached hereto as part of E it "E",
the Retail Developer party shall work collaboratively with the Association n the
final design treatment for the north wall of the building slated for developme on
north block within the SAP Area, the preliminary design treatment for which s
illustrated on pages A3.4 and A3,5 of the Design Concept Book, attached here
as part of Exhibit "B", The Retail Developer Party shall present the final design
treatment to the Planning Director for review and approval, following
(24643761;2) 14
SUBSTITUTED
consultation with the Association, which review shall be evaluated for
consistency with the standards set forth in Art. 4, Table 12.
Section 1 Local Development Permits.
(a) The development of the SAP Property in accordance with the Existing Zoning is
ntemplated by Developer Parties. Redevelopment of the SAP Property may
re uire additional permits or approvals from the City, County, State, or Federal
go nment and any division thereof. Subject to required legal process and
appr. als, the City shall make a good faith effort to take all reasonable steps to
cooper. e with and facilitate all such approvals. Such approvals include, without
limitatio the following approvals and permits and any successor or analogous
approvals d permits:
(b)
Section 17,
Permits.
(1) Subdi ision plat and/or waiver of plat approvals;
(2) Covenan. or Unity of Title acceptance or the release of existing unities or
covenants,
(3)
(4)
(5)
(6)
(7)
Building per ;
Certificates of u and/or occupancy;
Stormwater Per
Development of Regi al Impact approval, modification or exemption;
and
Any other official action s the City, County, or any other government
agency having the effect of p mitting development of the SAP Property.
In the event that the City substantially
regarding site plan approval procedures,
project on the SAP Properties shall be v
recorrunendation of the Planning Director.
it meets the requirements and criteria of the
Plan and the terms of this Agreement.
Com.1 in with Local Re
odifies its land development regulations
uthority to approve any site plan for a
d solely in the City Manager, with the
y such site plan shall be approved if
ing Zoning, the Comprehensive
u
o Deve
The Developer Parties and the City agree that the failure of thi Agreement to address a
particular permit, condition, fee, term, license, or restriction in effect o the Effective Date shall
not relieve the Developer Parties of the necessity of complying with regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restric
(24643761;2) 15
SUBSTITUTED
Section 1 Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
evelopment of the SAP Property in accordance with the Existing Zoning, the
prehensive Plan and the Agreement.
(b) Not g herein shall prohibit an increase in the density or intensity of
deve nent permitted in the SAP Area in a manner consistent with (a) the
Existin Zoning and/or the Comprehensive Plan, (b) any zoning change
subseque ly requested or initiated by a Developer Party in accordance with
applicable ovisions of law or (c) any zoning change subsequently enacted by the
City.
The expiration termination of this Agreement shall not be considered a waiver
of, or limitation pon, the rights, including, but not limited to, any claims of
vested rights or e itable estoppel, obtained or held by Developer Parties or its
successors or assign to continue development of the SAP Property in conformity
with Existing Zoning d all active prior and subsequent development permits or
development orders gr. ed by the City.
Section 19. Annual Review.
(a) The City shall review the d- elopment that is subject to this Agreement once
every twelve (12) months, co encing twelve (12) months after the Effective
Date, through the expiration o termination of this Agreement, or approved
development right listed on pg. -9 of the Design Concept Book, whichever
occurs first. The City shall beg the review process by giving notice to
Developer Parties, a minimum of thi (30) days prior to the anniversary date of
the Agreement, of its intention to und .ke the annual review of this Agreement.
Copies of such annual review shall be pr ided to the Developer Parties.
(b) Any information required of a Developer y during an annual review shall be
limited to that information necessary to s termine the extent to which the
Developer Party is proceeding in good faith comply with the terms of this
Agreement.
If the City finds, on the basis of competent substan I evidence, that a Developer
Party has not proceeded in good faith to comply with ie terms of the Agreement,
the City may take action to terminate or amend this greement with respect to
said Developer Party. The City shall provide said Dev oper Party with written
notice of its intent to terminate or amend the Agreement. Said notice shall state
the reasons for the termination or amendment. Upon rece of such notice, the
Developer Party shall have thirty (30) days to cure the de ult, or such longer
period of time as may reasonably be required to cure the defa t if the default by
its nature cannot be cured within thirty (30) days; provided, ever, that the
Developer Party commences certain acts within thirty (30) day' and diligently
pursues the cure thereafter. Should the Developer Party fail to c e within the
124643761;2) 16
SUBSTITUTED
aforementioned period, the City may terminate or amend this Agreement as to
that Developer Party in accordance with the requirements of Section 36.
Section 20. Notices,
notices, demands and requests which may or are required to be given
h eunder shall, except as otherwise expressly provided, be in writing and
del ered by personal service or sent by United States Registered or Certified
Mail, eturn receipt requested, postage prepaid, or by overnight express delivery,
such a ederal Express, to the parties at the addresses listed below. Any notice
given p uant to this Agreement shall be deemed given when received. Any
actions re red to be taken hereunder which fall on Saturday, Sunday, or United
States legal olidays shall be deemed to be performed timely when taken on the
succeeding da 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
y Attorney
C of Miami
Riverside Center
444 W. 2nd Ave., 9th Floor
Miami, 3130
Planning oning Director
City of
Miami Riversi e Center
444 S.W. 2nd A nue, 3rd Floor
Miami, FL 3313
39th St. (Del.) LLC
40 District LLC
Ben Newton LLC
Cumberland Acquisitions, L C
Dacra Design 4141 LLC
Dacra Design Associates (Del.) C
Dacra Design Moore (Del.) LLC
FCAA, LLC
Half Circle Property (Del.) LLC
Lovely Rita Acquisitions, LLC
McCrory Design Associates (Del,) LLC
McCrory Design Buick (Del.) LLC
(24643761;2) 17
Section 21.
understood and agreed by the parties hereto, that this Agreemen
of the State of Florida, and any applicable federal law, both as to in
and that any action at law, suit in equity or judicial proceedings
Agreement or any provision hereof shall be instituted only in the court
federal courts and venue for any such actions shall lie exclusively
jurisdiction in the County. In addition to any other legal rights, the Ci
shall each have the right to specific performance of this Agreement in co
bear its own attorney's fees. Each party waives any defense, whether a
pleading, that the aforementioned courts are an improper or inconvenient ven
parties consent to the personal jurisdiction of the aforementioned courts and
any objections to said jurisdiction. The parties irrevocably waive any rights to a
SUBSTITUTED
MID -I Lee, LLC
Monte Carlo Associates (Del.) LLC
Mosaic (Del.) LLC
Norwegian Wood Acquisitions, LLC
Oak Plaza Associates (Del.) 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 2"d Avenue, 2"d Floor
Miami, FL 33137
With copies to:
Akerman Senterfitt
Attn: Neisen O. Kasdin, Esq.
1 SE 3"d Avenue, 25th Floor
ami, FL 33131
Any Party to this Agreement
written notification to the rema
of this section.
change its notification address(es) by providing
parties pursuant to the terms and conditions
Upon the occurrence of any event of ault by any Developer Party, as described
in Section 28, or a determination by ie City that a Developer Party has not
proceeded in good faith to comply with erms of this Agreement, as described
in Section 19, the City shall provide writ n, courtesy notice of said default to
each non -defaulting Developer Party. Said otice shall identify the name of the
defaulting party, the address of the subject pro y(ies), and specify the default.
Exclusive Venue Choice of
{24643761;2) 18
'erformance. It is mutually
be governed by the laws
rpretation and performance,
the enforcement of this
of the State of Florida or
a court of competent
d Developer Parties
Each party shall
ed by motion or
oreover, the
vocably waive
trial.
SUBSTITUTED
Section Voluntary Compliance. Developer Parties and the City agree that in the event all
Or any p of this Agreement is struck down by judicial proceeding or preempted by legislative
action, Dev. oper Parties and the City shall continue to honor the terms and conditions of this
Agreement to e extent allowed by law.
Section 23. Oral Change or Termination. This Agreement and the exhibits and
appendices appen d hereto and incorporated herein by reference, if any, constitute the entire
Agreement betwee the parties with respect to the subject matter hereof. This Agreement
supersedes any prior greements or understandings between the parties with respect to the
subject matter hereof, d no change, modification or discharge hereof in whole or in part shall
be effective unless such ge, modification or discharge is in writing and signed by the party
against whom enforcemen of the change, modification or discharge is sought. This Agreement
cannot be changed or termin. ed orally.
Section 24. Compliance wi Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Te of this Agreement, Developer Parties and City shall comply
with all applicable federal, state o ocal laws, rules, regulations, codes, ordinances, resolutions,
administrative orders, permits, poli.es and procedures and orders that govern or relate to the
respective Parties' obligations and ormance under this Agreement, all as they may be
amended from time to time.
Section 25. Representations; Represent. yes. Each party represents to the others that this
Agreement has been duly authorized, deliv- and executed by such party and constitutes the
legal, valid and binding obligation of such p enforceable in accordance with its terms.
Section 26. No Exclusive Remedies. No rem dy or election given by any provision in this
Agreement shall be deemed exclusive unless exp ssly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the party shall be cumulative and in addition
to all other remedies at law or equity arising from suc event of default, except where otherwise
expressly provided.
Section 27. Failure to Exercise Rights not a Waiver; ver Provisions. The failure by any
party to promptly exercise any right arising hereunder shall constitute a waiver of such right
unless otherwise expressly provided herein. No waiver or .reach of any provision of this
Agreement shall constitute a waiver of any subsequent breach o e saine or any other provision
hereof, and no waiver shall be effective unless made in writing.
Section 28. Events of Default.
(a) An event of default by any one Developer Party shall n t constitute an event of
default by all Developer Parties and shall not adversely ct the rights of those
parties in good standing under this Agreement.
(b) A Developer Party shall be in default under this AgreementDeveloper Party
fails to perform or breaches any term(s), covenant(s), or con 'on(s) of this
Agreement, which breach is not cured within thirty (30) days er receipt of
written notice from the City specifying the nature of such brew; provided,
however, that if such breach cannot reasonably be cured within thi (30) days,
{24643761;2) 19
SUBSTITUTED
then Developer Party shall not be in default if it commences to cure such breach
within thirty (30) days and diligently prosecutes such cure to completion.
The City shall be in default under this Agreement if the City fails to perform or
eaches any term(s), covenant(s), or condition(s) of this Agreement and such
e is not cured within thirty (30) days following receipt of written notice from
any Developer Party specifying the nature of such breach; provided, however,
that i uch breach cannot reasonably be cured within thirty (30) days, the City
shall no be in default if it commences to cure such breach within thirty (30) days
and 'tly prosecutes such cure to completion.
(d) It shall not b. a default under this Agreement if any party is declared bankrupt by
a court of co ietent jurisdiction. All rights and obligations in this Agreement
shall survive suc bankruptcy of either party. The parties hereby forfeit any right
to terminate this A: eement upon the bankruptcy of the other party.
(e) The default of a succ s r or assignee of any portion of Developer Party's rights
hereunder shall not be erred a breach by such Developer Party.
Section 29.
Remedies Upon Default,
(a) Neither party may terminate s Agreement upon the default of the other party,
but shall have all of the remedie enumerated herein.
(b)
Upon the occurrence of a default
the applicable grace period, Develop
may seek specific performance of
performance shall not waive any righ
damages, injunctive relief, or any other
Agreement. The City hereby acknowledges
Agreement is not limited by sovereign immun
a party to this Agreement not cured within
Parties and the City agree that any party
Agreement, and that seeking specific
of such party to also seek monetary
elief other than termination of this
any claim for damages under this
or similar limitation of liability.
Section 30. Severability. If any term or provision of this Agr ent or the application thereof
to any person or circumstance shall, to any extent, hereafter b determined to be invalid or
unenforceable, the remainder of this Agreement or the application such term or provision to
persons or circumstances other than those as to which it is held invali. .r 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 upon each Developer P and its heirs,
successors and assigns, including the successor to or assignee any Property
Interest. Each Developer Party, in its sole discretion, may assign, whole or in
part, this Agreement or any of its rights and obligations hereunder, o ay extend
the benefits of this Agreement, to any holder of a Property Interest ' out the
prior written consent or any other approval of the City. Notice of any a gnment
or transfer shall be provided to the City in accordance with the require nts of
Section 20. Any such assignee shall assume all applicable rights and oblig. ions
(24643761;2) 20
SUBSTITUTED
under this Agreement and upon such assumption, the assigning party shall be
released from all obligations assumed by such assignee.
dditional parties, whether affiliates or assignees of a Developer Party or an
elated third -party, may be added to this Agreement if the party added holds a
Pr. 'erty Interest in the Miami Design District, as defined in prior Zoning
0rd ce 11000, more particularly SD-8. Any unrelated third -party desiring to
join th. SAP must satisfy the Open Space, Civic Space, and parking requirements
required der the Miami 21 Code independent of the Open Space, Civic Space,
and parkin provided by the Developer Parties within the SAP Area. Said parties
may be add to this Agreement through the execution of a joinder form in the
form attached Exhibit "D", which form shall be recorded in the public records
of Miami -Dade ounty. Such party shall be a Developer Party, and such joinder
form shall be a owledged under this Agreement. Any rights conferred
hereunder to an adi ' nal party are subject to City Commission action approving
a zoning atlas amen nt designating the joined property a part of the Miami
Design District Retail eet SAP in compliance with any and all applicable laws
governing notice of such ction.
Section 32.
any contrary term or provision contained he
Agreement, the following obligations shall s
and effect until the expiration of a one year
such termination or the expiration of the Term:
provisions contained herein; (ii) rights of any party
prior to expiration or earlier termination of this Agre
herein which expressly indicates either that it survives
or may be applicable or effective beyond the expiration o
Obligations Surviving Term
ation Hereof. Notwithstanding and prevailing over
, in the event of any lawful termination of this
ve such termination and continue in full force
following the earlier of the effective date of
i) the exclusive venue and choice of law
sing during or attributable to the period
nt, and (iii) any other term or provision
e termination or expiration hereof or is
ermitted early termination hereof.
Section 33. Lack of Agency Relationship. Nothing cont
establishing an agency relationship between the City and
Developer Parties nor its employees, agents, contractors, subs
guests shall be deemed agents, instrumentalities, employees, or c
purpose hereunder, and the City, its contractors, agents, and emp
contractors, agents, or employees of Developer Parties or their
affiliates.
ned herein shall be construed as
eveloper Parties and neither
iaries, divisions, affiliates or
tractors of the City for any
ees shall not be deemed
bsidiaries, divisions or
Section 34. Cooperation• Expedited Permitting and Time is of the Essenc
(a) The Parties agree to cooperate with each other to the full tent practicable
pursuant to the terms and conditions of this Agreement. The P ies agree that
time is of the essence in all aspects of their respective and mutual r. .ponsibi1ities
pursuant to this Agreement. The City shall use its best efforts to pedite the
permitting and approval process in an effort to assist Developer arties in
achieving its development and construction milestones. The will
accommodate requests from Developer Parties' general contracto and
subcontractors for review of phased or multiple permitting packages, su as
{24643761;2} 21
SUBSTITUTED
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
uthority or right to review and approve all applications for such permits and
enses.
(b) No thstanding the foregoing, the City shall not be obligated to issue
deve1 iment permits to the extent a Developer does not comply with the
applica e requirements of the Existing Zoning, the Comprehensive Plan, this
Agreem t and applicable building codes.
Section 35. Enforceme
(a) In the event a Developer Party, its successors and/or assigns fail to act in
accordance with e terms of the Existing Zoning, the City shall seek enforcement
of said violation upon the property(ies) within the SAP controlled by such
Developer Party or s successor and/or assigns, as applicable.
(b)
Enforcement of this A eement shall be by action against any parties or person
violating, or attempting • violate, any covenants set forth in this Agreement. The
prevailing party in any ac n or suit pertaining to or arising out of this Agreement
shall be entitled to recover, addition to costs and disbursements allowed by law,
such sum as the Court may a 'udge to be reasonable for the services of his/her/its
attorney,
(c) This enforcement provision shall e in addition to any other remedies available at
law, in equity or both.
Section 36. Amendment or Termination b
amended or terminated during its term except by mu
City or following an event of default. Prior to any ame
during its term, the City shall hold two public hearings
and deliberate such amendment or termination.
Consent. This Agreement may not be
eement of a Developer Party and the
nt or termination of this Agreement
b ore the City Commission to consider
Section 37. Third Party Defense. City and Developer P. s shall, at their own cost and
expense, vigorously defend any claims, suits or demands brou t against them by third parties
challenging the Agreement or the Project, or objecting to any as. et thereof, including, without
limitation, (i) a consistency challenge pursuant to Section 163.321 Florida Statutes (2011), (ii)
a petition for writ of certiorari, (iii) an action for declaratory judg ent, or (iv) any claims for
loss, damage, liability, or expense (including reasonable attorneys' -s). City and Developer
Parties shall promptly give the other written notice of any such action, ncluding those that are
pending or threatened, and all responses, filings, and pleadings with respet thereto.
Section 38. No Conflict of Interest. Developer Parties agree to comply th Section 2-612 of
the City Code as of the Effective Date, with respect to conflicts of interest.
(24643761;2) 22
SUBSTITUTED
Sectio 9. No Third -Party Beneficiary. No persons or entities other than Developer Parties
and the ity, their heirs, permitted successors and assigns, shall have any rights whatsoever
under this greement.
Section 40. ounte s. This Agreement may be executed in two or more counterparts,
each of which all constitute an original but all of which, when taken together, shall constitute
one and the same fzreement.
Section 41. Sta u Upon request from time to time by any Developer Party, or its successor
and/or assigns, or any ortgagee of any Developer Party or its successor and/or assign, the City
shall deliver to such re esting party a letter (in recordable form, if requested) stating whether
the obligations of such D veloper Party or its successor and/or assign under this Agreement are
current and in good standi or have been satsified. In the event such Developer Party or its
successor and/or assign is no current in its obligations or such obligations are not satisfied, said
letter shall state the particular anner in which such person's obligations under this Agreement
are not current and in good s g or have not yet been satisfied.
NOW, THEREFORE, the and Developer Parties have caused this Agreement to be
duly executed.
[Signature block or City and Developer Parties
(24643761;2) 23
SUBSTITUTED
WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed o the date written above.
Witnesses:
39th St. (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me
2012, by , as of
ASSOCIATES MANAGER LLC, a Delaware limited liability co
manager of 39th St. (Del.) LLC, a Delaware limited liability company,
to me or produced as identification.
My commission expires:
NOTARY PUBLIC, S
Print Name:
{24643761;2} 24
day of
II DESIGN DISTRICT
ny, in its capacity as
e is personally known
-Large
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed as o e date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
40 District LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me
2012, by , as of
ASSOCIATES MANAGER LLC, a Delaware limited liability comp
manager of 40 District LLC. He is personally known to me or produce
as identification.
My commission expires:
day of
DESIGN DISTRICT
, in its capacity as
NOTARY PUBLIC, State of Florida a
Print Name:
{24643761;2} 25
arge
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
signed as the date written above.
Witnesses:
Ben Newton LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me day of
2012, by , as ofMIAMI ESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, its capacity as
manager of Ben Newton LLC. He is peronally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida a
Print Name:
(24643761;2) 26
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
sign o the date written above.
Witnesses:
Cumberland Acquisitions, LLC
a Delaware limited liability company
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before e this day of
2012, by , as o AMI DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability c pany, in its capacity as
manager ofCumberland Acquisitions, LLC, He is personally kno to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State at -Large
Print Name:
(24643761;2) 27
SUBSTITUTED
IN TNESS hereof the parties have caused this Agreement to be duly entered into and
of date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Dacra Design 4141 LLC
a Delaware limited liability company, by
DACRA 4141 MANAGING MEMBER,
INC., a Florida corporation, its managing
member.
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me
2012, by , as
MEMBER, INC., a Florida corporation, on behalf of that corporation
member of Dacra Design 4141 LLC, a Delaware limited liability co
company. He is personally known to me or who produced
identification.
My commission expires:
day of
4141 MANAGING
capacity as managing
any, on behalf of that
as
NOTARY PUBLJC, State of Florida at-L ge
Print Name:
(24643761;2) 22
SUBSTITUTED
IN W ' ESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the • ate written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Dacra Design Associates (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this
2012, by , as of MIAM
ASSOCIATES MANAGER LLC, a Delaware limited liability company,
manager of Dacra Design Associates (Del.) LLC, who is personally known
produced as identification.
My commission expires:
day of
ESIGN DISTRICT
its capacity as
o me or who
NOTARY PUBLIC, State of Florida at -La e
Print Name:
{24643761;2} 29
h
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed as of th date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Dacra Design Moore (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me
2012, by , as of M
ASSOCIATES MANAGER, LLC, a Delaware limited liability comp
manager of Dacra Design Moore (Del.) LLC, who is personally known
as identification.
My commission expires:
day of
DESIGN DISTRICT
, in its capacity as
e or who produced
NOTARY PUBLIC, State of Florida a
Print Name:
{24643761;2} 30
ge
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed as o th date written above.
Witnesses:
FCAA, LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this
2012, by , as of MIA
ASSOCIATES MANAGER, LLC, a Delaware limited liability company,
manager of FCAA, LLC. He is personally known to me or produced
as identification.
My commission expires:
day of
ESIGN DISTRICT
its capacity as
NOTARY PUBLJC, State of F o ida at -
Print Name:
{24643761;2) 31
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed as af date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Half Circle Property (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me
2012, by as of MIA
ASSOCIATES MANAGER, LLC, a Delaware limited liability comp
manager of Half Circle Property (Del.) LLC. He is personally known
as identification.
My commission expires:
day of
DESIGN DISTRICT
, in its capacity as
o e or produced
NOTARY PUBLIC, State of Florida a a ge
Print Name:
(24643761;2} 32
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
signed o the date written above.
Witnesses:
Lovely Rita Acquisitions, LLC
a Delaware limited liability company, by
MDDA SWEET BIRD MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me day of
2012, by , as of MD A SWEET BIRD
MANAGER LLC, a Delaware limited liability company, in its capacl as manager of Lovely
Rita Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of F orida a
Print Name:
{2464376 I ;2) 33
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
signed o the date written above.
Witnesses:
McCrory Design Associates (Del.) LLC
a Delaware limited liability company
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before e this day of
2012, by , as 0 MeCrory Design Associates
(Del.) LLC, who is personally known to me or who produced
as identification.
My commission expires:
NOTARY PUBLIC, State o Flo *da. at -Large
Print Name:
{24643761;2) 34
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
si o the date written above.
Witnesses:
McCrory Design Buick (Del.) LLC
a Delaware limited liability company
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me day of
2012, by , as ofMo o y Design Buick (Del.)
LLC, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State° Florida a a ge
Print Name:
{24643761;2} 35
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed . of the date written above.
Witnesses:
MDDA Garage LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this • : of
2012, by , as of MIAMI DESK DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its c. •acity as
manager of MDDA Garage LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2} 36
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
signed o the date written above.
Witnesses:
MID -I Lee, LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
)
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this da of
2012, by , as of MIAMI DESIG DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its ca, city as
manager of MID -I Lee, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2)
37
SUBSTITUTED
ITNESS hereof the parties have caused this Agreement to be duly entered into and
sinnedo the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)
COUNTY OF MIAMI-DADE
Monte Carlo Associates (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this
2012, by , as ofMIAMI D
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in
manager of Monte Carlo Associates (Del.) LLC. He is personally known to
as identification.
My commission expires:
d
ay of
GN DISTRICT
capacity as
produced
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(2464376 1;2) 38
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly executed and
signe as o the date written above.
Witness:
Print Name:
Print Name:
STA I E OF FLORIDA
COUNTY OF MIAMI-DADE
Moonlight Mile Acquisitions, LLC, a
Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me
2012, by , as of
ASSOCIATES MANAGER LLC, a Delaware limited liability co
manager of Moonlight Mile Acquisitions, LLC. He is personally
as identification.
My commission expires:
s day of
I DESIGN DISTRICT
• y, in its capacity as
10 to me or produced
NOTARY PUBLIC, State of Florida a
Print Name:
(24643761;2) 39
arge
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signei of the date written above,
Witnesses:
Mosaic (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 ofMJAMI SIGN DISTRICT
ASSOCIATES MANAGER LLC, a limited liability company, in its capaci' as manager of
Mosaic (Del.) LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2) 40
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed as ofth. date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Norwegian Wood Acquisitions, LLC
a Delaware limited liability company, by
MDDA SWEET BIRD MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this day of
2012, by , as of MDDA S ET BIRD
MANAGER LLC, a Delaware limited liability company, in its capacity as ni4 • ager of
Norwegian Wood Acquisitions, LLC, He is personally known to me or produc
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24643761;2) 41
SUBSTITUTED
TNESS hereof the parties have caused this Agreement to be duly entered into and
signed as the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)
COUNTY OF MIAMI-DADE )
Oak Plaza Associates (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this
2012, by , as of MIA
ASSOCIATES MANAGER LLC, a Delaware limited liability company,
manager of Oak Plaza Associates (Del.) LLC. He is personally known to
as identification.
My commission expires:
day of
SIGN DISTRICT
capacity as
produced
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24643761;2} 42
SUBSTITUTED
IN SS hereof the parties have caused this Agreement to be duly entered into and
signed as of date written above.
Witnesses:
Rocky Raccoon Acquisitions (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
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 MIA ESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its capacity as
manager of Rocky Raccoon Acquisitions (Del.) LLC. He is personally kno • to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida a
Print Name:
64 761;2) 43
SUBSTITUTED
NESS hereof the parties have caused this Agreement tc be duly entered into and signed
as of date written above.
Witnesses:
Sweet Virginia Acquisitions LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me is
2012, by , as
ASSOCIATES MANAGER LLC, a Delaware limited liability c
manager of Sweet Virginia Acquisitions LLC. He is personally kno
as identification.
My commission expires:
{24643761;2}
day of
DESIGN DISTRICT
y, in its capacity as
me or produced
NOTARY PUBLIC, State o Florida
Print Name:
ge
SUBSTITUTED
ITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as e date written above.
Witnesses:
Flagler Holding Group, Inc.
a Florida for -profit corporation
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before m this day of ,
2012, by , as of g1er Holding Group, Inc., who
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, S
Print Name:
{24643761;2} 45
a at ge
SUBSTITUTED
ITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as o e date written above.
CITY OF MIAMI, a municipal corporation
located within the State of Florida
Witnesses:
By:
Johnny Martinez
City Manager
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me is day of
2012, by Johnny Martinez, in his capacity as City Manager, on be of the municipal
corporation, who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC, State of Florid 4 Large
Print Name:
{24643761;2} 46
{24643761;2)
SUBSTITUTED
Exhibit "A"
Legal Descriptions of the Property
47
SUBSTITUTED
Exhibit "B"
Miami sign District Retail Street SAP Regulating Plan and Design Concept Book
(24643761;2) 48
SUBSTITUTED
Exhibit "C"
Retail Developer Party
Retail Developer P. ntities:
40 District LLC
Cumberland Acquisitions . C
Dacra Design Associates (D..) LLC
Dacra Design Moore (Del.) L ►
FCAA, LLC
McCrory Design Associates (Del. LC
Moonlight Mile Acquisitions, LLC
Mosaic (Del.) LLC
MID -I Lee, LLC
Oak Plaza Associates (Del.) LLC
{24643761;2} 49
SUBSTITUTED
Exhibit "D"
ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
's ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT J INDER FORM ("Joinder Form") is executed this day of
, 20 by the undersigned entity.
RECITALS
WHEREAS, the ty has entered into a Development Agreement dated
20 and recorded in the ublic records of Miami -Dade County, Book , Page
("Development A ent") with certain Developer Parties as defined therein; and
WHEREAS, the Develos ent Agreement secures certain benefits and obligations for
the mutual benefit of the City the Developer Parties, as set forth in the Development
Agreement; and
WHEREAS, the Development A eement allows joinder of additional parties, when
such additional party own any Property In rest in the Miami Design District as defined in the
prior Zoning Ordinance 11000, more parti larly SD-8 described in "Exhibit attached
hereto; and
WHEREAS, the Development Agreeme requires that such additional party execute
this joinder form in order to become a party to the D velopment Agreement; and
WHEREAS, the undersigned desires to enjoy benefits conferred upon the Developer
Parties under the Development Agreement, and in co ration for such benefits agrees to be
bound by the obligations imposed therein upon the Deve op Parties; and
NOW THEREFORE, in consideration of the benefits erred upon any Developer by
the aforementioned Development Agreement, and certifying tha e above recitals are true and
correct, and incorporating such recitals herein, the undersigned d hereby execute this Joinder
Form and becomes a Developer Party pursuant to the Development eement.
The undersigned shall assume all of the benefits, and be bo d, comply with, and
perform all of the obligations, as set forth in the Development Agreeme and as applicable to
the Property Interest which the undersigned owns upon the adoption f a Zoning Atlas
amendment to Miami 21 designating the Miami Design District Retail Street ecial Area Plan.
The undersigned shall be obligated to the City for the benefit of the City, and t City shall have
all rights and remedies set forth in the Development Agreement to enforce terms of the
Development Agreement against the undersigned, to the extent applicable to e Property
Interest owned by the undersigned.
{24643761;2} 50
SUBSTITUTED
SIGNATURE PAGES TO FOLLOW
The under ned also hereby represents that it has full power and authority to execute this
Joinder Fo 11 and certifies to City that none of its owners or officers, nor any immediate family
member of an I f such owners or officers, is also a member of any board, commission, or
agency of the C
WITNESSES: [COMPANY/CORPORATION NAME]
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged be o me this day of
2012, by , the , a Florida limited liability
company / corporation, on behalf of that company, in capacity as of
, a Florida limited liability compan on behalf of that company; such
person is (check one) [ ] personally known me or [ ] has produced
as identification.
NOTARY PUBLIC, ote of Florida
Print Name:
Commission No.:
My Commission Expires:
(24643761;2) 51
SUBSTITUTED
e City hereby acknowledges and consents to the joinder of the above signatory as a
Develop -Party to the Development Agreement.
WITNESSES. CITY OF MIAMI, a municipal corporation located
within the State of Florida
By:
Print Name: Johnny Martinez
City Manager
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was ackno edged before me this day of
2012, by Johnny Martinez, in his capacity as Manager, on behalf of that municipal
corporation; such person is (check one) [] perso dly known to me or [] has produced
as identification.
NOTARY 'UBLIC, State of Florida
Print Name:
Commission
My Commission Exres:
(24643761;2) 52
SUBSTITUTED
Exhibit "E"
u .ort from Buena Vista East Historic Nei, hborhood Association dated
November of 2011
{24643761;2} 53
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #8: Buick
SUBJECT PROP TY STREET ADDRESS(ES): 3841 NE 2Avenue (Folio No. 01-3219-011-0100)
SUBJECT PROPER 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;
et A of VIA TUTTLE SUBDIVISION, according to the
pia ereof, as recorded in Plat Book 163, at Page 59, of the
Pub ecords of Miami -Dade County, Florida,
a/k/a - Tu South — 3725 Biscayne Blvd.
formerly deser ed
Lot 32, less that in Biscayne Boulevard, and Lots 33
through 36, less the est 6 feet thereof, MAGNOLIA PARK,
2ND AMENDED PLA THEREOF, according to the Plat
thereof, as recorded in P Book 5, at Page 25, of the Public
Records of Miami -Dade Co ty, Florida;
AND
Lots 33, 35 and 37, of BUE VISTA BISCAYNE
BADGER CLUB SUBDIVISION, cording to the Plat
thereof, as recorded in Plat Book 1, at P 115, of the Public
Records of Miami -Dade County, Florida;
AND
The North 34.88 feet of Lot 31 of BUEVISTA
BISCAYNE BADGER CLUB SUBDIVISION, ac g to
the Plat thereof, as recorded in Plat Book 1, at Page 115, fthe
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 Miaml Design District Retail Street Special
Area Plan Design Concept Book.
SUBSTITUTED
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 : Tuttle North
SUBJEC 'ROPERTY STREET ADDRESS(ES): 299 NE 38Ik Street (Folio No. 01-3219-011-0330)
SUBJECT P PEATY LEGAL DESCRIPTION:
Map #11: egian 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 DDRESS(ES): 92 NE 40" Street (Folio No. 01-3124-027-0270)
SUBJECT PROPERTY LEGAL, DE R1PTION: 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.
Map #12: Casa/Lady Jane*
SUBJECT PROPERTY STREET ADDRESS(ES): 9 NE 39TH Street (Folio No. 01-3124-029-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324,3)
L. and 2 , Block 1 of BILTMORE COURT, according to
the at thereof, as recorded in Plat Book 7, Page 37, of the
Pub cords of Miami -Dade County, Florida.
Note: All Map 4 references relate to Pg. A1.4 and A1.5 of the Miami Design District Retai treet Special
Area Plan Design Concept Book.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map Cumberland/JBL
SuBJf PROPERTY STREET ADDRESS(ES): 100 NE 40" Street (Folio No, 01-3124-028-0160)
108 NE 40TH Street (Folio No. 01-3124-030-0200)
101 NE 39111 Street (Folio No. 01-3124-030-0890)
SUBJECT PROP TY LEGAL DESCRIPTION: Parcel I:
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,
cording to the Plat thereof, as recorded in Plat Book 6, at
age 132, of the Public Records of Miami -Dade County,
rida.
4:
Lot 12, 1.s the East 3 feet thereof, and Lot 13, in Block 1, of
MAGNOL COURT, according to the Plat thereof, as
recorded in a Book 6, at Page 105, of the Public Records of
Miami -Dade k 4unty, Florida, less that part of said Lot 13
described as fol ws:
Beginning at the So thwesterty corner of Lot 13, Block 1, of
MAGNOLIA COU , according to the Plat thereof, as
recorded in Plat Book Page 105, of the Public Records of
Miami -Dade County, Flo ; thence run Eastwardly along the
Southerly line of said Lot t , a distance of Twelve (12) feet to
a point of curve; thence run estwardly and Northwestwardly
along the arc of a tangential c ve to the right, having a radius
of Twenty -Five (25) feet and angle of 28°41'07" for
a distance of 12.52 feet to a pointtn the Westerly line of said
Lot 13; thence run Southwardly a ling the Westerly line of
said Lot 13 a distance of 3.07 feet to e Point of Beginning.
(24375324;3}
Note: An Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street S ial
Area Plan Design Concept Book.
SUBSTITUTED
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 D
SUBJECT PROPERTY STREET ADDRES 119 NE 39th Street (Folio No. 01-3124-030-0080)
SUBJECT PROPERTY LEGAL DESCRIPT 0
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
iami-Dade County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE th Street (Folio No. 01-3124-030-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #16: Oak Plaza Loggia
Lots 9 andWesterly 12 feet of Lot 8, in Block 1, of
MAGNOLIA OURT, according to the plat thereof, as
recorded in Plat ok 6, at Page 105, of the Public Records of
Miami -Dade Co n Florida.
Also known as:
Lot 9 and the West 12 fee
COURT, according to the
Book 6, at Page 105, of the
County, Florida.
Lot 8, in Block 1, MAGNOLIA
hereof, as recorded in Plat
ic Records of Miami -Dade
SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 391h Street (Folio No. 01-3 124-03- 0
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324;3}
Lots 6, 7, and 8 (minus the Westerly 12 fi
Block 1, of MAGNOLIA COURT, according
thereof, as recorded in Plat Book 6, at Page 105, o
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.
ot 8), in
tlie plat
e Public
SUBSTITUTED
1VIIAIVITI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #1 Oak Plaza KVA
SUBJECT OPERTY STREET ADDRESS(ES): 150 NE 40th Street (Folio No, 01-3124-028-0080)
SUBJECT PRO RTY LEGAL DESCRIPTION:
Map #18: Oak Plaza Twer
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
ots 10, 11 and the East 5 feet of Lot 12, of SECOND
CTION, COMMERCIAL BILTMORE 1924, according to
the reof, as recorded In Plat Book 12, at Page 44, of the
Pub e ords of Miami -Dade County, Florida
SUBJECT PROPERTY STREET ADDRESS(ES): 170 NE 40th Sti Folio No. 01-3124-028-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324,3}
Lots 7 and 8, of OMMERCIAL BILTMORE SECOND
SECTION, acoordin o the Plat thereof, as recorded in Plat
Book 12, at Page 44, 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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map Melin
SUBJE ROPERTY STREET ADDRESS(ES): 3930 NE 2' Avenue (Folio No. 01-3124-028-0010)
SUBJECT PR. 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
unty, Florida, being more particularly described as follows:
he East 10 feet of Lots 1, 2 and 3, and the external area of a
u ar curve, contained within said Lot 3, concave to the
No *west having a radius of 25 feet and tangents which are
25 fe North of and parallel with the centerline of N.E. 39"'
Street 35 feet West of and parallel with the centerline of
N.E. 2"d enue;
AND LESS
Those portions o Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL B TMORE 1924, according to the plat
thereof, as recorded in lat Book 12, at Page 44, of the Public
Records of Miami-D County, Florida, being more
particularly described as fo .ws:
The East 2 fee( of Lots 1, 2 a 3, and the external area of a
circular curve, contained within aid Lot 3, concave to the
Southwest having a radius of 25 and tangents which are
33 feet South of and parallel with t centerline of N.E. 40th
Street and 35 feet West of and paraile with the centerline of
N.E. rd Avenue.
(24375324;3)
Note: All Map it references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
Map #2
SUBJ
SUBSTITUTED
MIAIVII DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Newton
RTY STREET ADDRESS(ES):
SUBJECT PROPE LEGAL DESCRIPTION:
Map #22, #28, #29, #30, #3 ,
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.
, & 34: Asi-Casa*
SUBJECT PROPERTY STREET ADD ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3)
60 NE 41Street (Folio No.
56 NE 41g Street (Folio No.
42 NE 41" Street (Folio No.
34 NE 41at Street (Folio No.
90 NE 41" Street (Folio No.
84 NE 41't Street (Folio No.
0 NE 41st Street (Folio No.
NE 40th Street (Folio No.
P 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, 6, 7 and 8, Block 9, of BILTMORE, according to
Plat thererecorded in Plat Book 6, at Page 67, of the
Public Rcco o Miami -Dade County, Florida.
Parcel 2:
Lots 1, 2, and 3, B k 9, of BILTMORE, according to the
Plat thereof, as recor -d in Plat Book 6, at Page 67, of the
Public Records ofMiam ade County, Florida.
Parcel 3:
Lots 5, 6, and 7, Block 2, of OMMERCIAL BILTMORE
AMENDED, according to the Pla ereof, as recorded in Plat
Book 6, at Page 67, on the Pub1i ecords 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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #23: Suttin*
SUBJECT PR ERTY STREET ADDRESS(ES):
SUBJECT PROPE LEQAL DESCRIPTION:
Map #24: Ro
SUBJECT PROPERTY STREET ADD
SUBJECT PROPERTY LEGAL DES
Exhibit "A"
95 NE 40m Street (Folio No. 01-3124-027-0120)
Lots 1, 2, 3 and 4 of Block 2, of Commercial Biltmorc
Amended, according to the Plat thereof, as recorded in Plat
Book 6., at page 132, of the Public Records of Miami -Dade
County, Florida.
s 151 NE 406 Street (Folio No, 01-3124-027-0060)
Map #25: Mosaic/Chatham
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3)
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.
155 N 40th Street (Folio No. 01-3124-027-0040)
Parcel 3A:
Lots 8, 9, 10,
COMMERCIAL
as recorded in Pia
of Miami -
and 12, Block 1, of AMENDED PLAT OF
TMORE, according to the plat thereof,
k 6, at Page 132, of the Public Records
de 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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #2 #27, #35, #41, & #42:
Exhibit "A"
Moore — Garden Lounge / Moore Building / Moore 140 /
Moore 77 / Moore 115
SUBJECT PRS ERTY STREET ADDRESS(ES): 175 NE 40TH Street (GL) (Folio No. 01-3124-025-0020)
4040 NE 2"'Avenue (Folio No. 01-3124-027-0020)
140 NE 41" Street (lot) (Folio No. 01-3124-024-1500)
77 NE 411" Street (lot) (Folio No. 01-3124-024-1340)
115 NE 4151 Street (lot) (Folio No. 01-3124-024-1150)
SUBJECT PROPERTY 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:
ots 1, 2 and 8, in Block 10, of BILTMORE, according to the
hereof, as recorded in Plat Book 6, at Page 67, of the
us 'c Records of Miami -Dade County, Florida.
Parcel
Lots 2, 3 d 4, in Block 1, of AMENDED PLAT OF
COMMERC BILTMORE 1921, according to the Plat
thereof, as recor d in Plat Book 6, at Page 132, of the Public
Records of Miami ade County, Florida.
Parcel 9D:
Lots 3 and 4, in Block 7, o ULTMORE, according to the Plat
thereof, as recorded in Plat ok 6, at Page 67, of the Public
Records of Miami -Dade Count Florida,
Parcel 9E:
Lot 22 and the East 1/2 of Lot 21, in Bit k 8, of BILTMORE,
according to the Plat thereof, as recorde in Plat Book 6, at
Page 67, of the Public Records of Mia i-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,
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
p Mosaic (Lot)
SUBJE PROPERTY STREET ADDRESS(ES):
SUBJECT OPERTY LEGAL DESCRIPTION:
Map #37: •sen Lot
SUBJECT PROPERTY STREE DDRESS(ES):
SUBJECT PROPERTY LEGAL D CREPTION:
Map #38:
Palmer Bulletin
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324,3)
Exhibit "A"
144 NE 41° 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 41° 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 41Street (Folio No. 01-3124-024-1470)
Lot 5 and the West 20 feet of Lot 4, Block 10, BILTMORE
UBDIVISION, according to the Plat thereof, as recorded in
Book 6, at Page 67, of the Public Records, Miami -Dade
Co ty, Florida, Excepting therefrom the following part of the
West 0 feet of Lot 4: Begin at the Southwest comer of said
Lot Block 10, of the aforesaid BILTMORE
SUBD ION; thence East along the South line of said Lot 4
for a dista e of 20 feet; thence North parallel with the West
line of said ot 4 for a distance of 20 feet to a point; thence
Southwesterl 1ong a tangent circular curve having a radius
of 20 feet thro h a central angle of 90 degrees for an arc
distance of 31.42 etto the Point of Beginning.
Note: All Map # references relate to Pg. A1.4 and A1,5 of the Miami Design District Retail Street ecia I
Area Plan Design Concept Book.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #39 & Asi-Melaleuca
SUBJECT PR PE Y STREET ADDRESS(ES):
SUBJECT PROPERTY L AL DESCRIPTION:
Map #43:
Scarlet Be
SUBJECT PROPERTY STREET ADDRESS
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #44: FCAA
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324,3)
Exhibit "A"
53 NE 414 Street (Folio No, 01-3124-024-1320)
61 NE 41' Street (Folio No. 01-3124-024-1330)
Lots 19, 20 and West 'A 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 41ST 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
ublic Records of Miarni-Dade County, Florida.
150 NE Street (Folio No. 01-3124-024-1550)
The West 32 feet of that certain tract of land in the city of
Miami boundern the North by N.E. 42"d Street, on the South
by N.E. 41°' Stree on the East by N.E. Second Avenue and on
the West by the st lines of Lots 5 and 6, Block 7,
BILTMORE, a subdi ion shown by plat of record in Miami -
Dade County, in Plat B. k 6, at Page 67.
Also known as:
A portion of the West 325 fee
feet East and West and 204.6
directly East of and adjoining
BILTMORE, according to the Plat th
Book 6, at Page 67, of the Public R
County, Florida, of said Plat shown
HOME, said Lot lying in the Southeast cor
the SE 'A of section 24-53-41.
at certain Lot of Land, 432
North and South, lying
5 and 6, Block 7, of
eof, as recorded in Plat
ds of Miami -Dade
Z.T. MERRITT
r of the NE 'A of
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
SUBSTITUTED
MIAMT DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
4100/Lee*
Exhibit "A"
SUB ROPERTY STREET ADDRESS(ES): 4100 NE 2m Avenue (Folio No. 01-3124-024-1560)
4200 NE 2"d Avenue (lot) (Folio No. 01-3124-024-0930)
SUBJECT PRO R
Map #46:
A D SCRIPTION: Parcel 4A:
4141
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 arid
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
age 67, of the Public Records of Miami -Dade County,
F rida.
SUBJECT PROPERTY STREET ADDRESS(ES): 4141 NE 2 venue (Folio No. 01-3219-009-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324;3)
Tract A and T
BLOCKS 1, 2,
according to the
Page 6, of the Public
formerly known as T
1, of BRENTWOOD, a
in Plat Book 40, Page 6
Dade County, Florida.
1, REVISED PLAT OF TRACT "A" AND
8, 9, 10, II AND 12 OF BRENTWOOD,
thereof, as recorded in Plat Book 44,
ords of Miami -Dade County, Florida,
"A" and Lots 1, 2, 3, 4 and 5, Block
.ding to the plat thereof as recorded
of the Public Records of Miami -
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Spe
Area Plan Design Concept Book.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #47: 4200*
SUBJECT PR, RTY STREET ADDRESS(ES): 4200 NE 2nd Avenue (lot) (Folio No. 01-3124-024-0930)
SUBJECT PROPERPRoPER LEGALDESCRIPnON: 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 4218 NE 21Avenue (Folio No. 01-3124-024-0940)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #49: 4240
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #50: City Garage*
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
ecords of Miami -Dade County, Florida.
4240 NE 2 Avenue (Folio No. 01-3124-024-0950)
Lot 4, less the a t 5 feet thereof, in Block 6, BILTMORE,
according to the lat thereof, as recorded in Plat Book 6, at
Page 67, of the b ic Records of Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET ADDRESS (ES); 3800 NE 1s7 Avenue (Folio No. 0 - 24-033-0240)
SUBJECT PROPERTY LEGAL DESCRIPTION: COMM BUENA VISTA PB 14-56 LI S 2 THRU 14 BLK 2
LOT SIZE 31521 SQ FT OR 21215-10 * 4403 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 1 ena
Vista, according to the Plat thereof, as recorded in Plat 130.1k
14 at page 56, of the Public Records of Miami -Dade Coun
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.
SUBSTITUTED
SUBSTITUTED
Exhibit "B"
Miami Desi District Retail Street SAP Regulating Plan and Design Concept Book
(24483959;6) 47
SUBSTITUTED
Exhibit "C"
Retail Developer Party
Retail Developer Part ntities:
40 District LLC
Cumberland Acquisitions
Dacra Design Associates (D= .1 LLC
Dacra Design Moore (Del.)
FCAA, LLC
McCrory Design Associates (Del. LC
Moonlight Mile Acquisitions, LLC
Mosaic (Del.) LLC
MID -I Lee, LLC
Oak Plaza Associates (Del.) LLC
{24483959;6}
48
SUBSTITUTED
SUBSTITUTED
SUBSTITUTED
Exhibit "D"
ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
GREEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
T ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JO DER FORM ("Joinder Form") is executed this day of
, 20 by the undersigned entity.
RECITALS
WHEREAS, the C has entered into a Development Agreement dated
20 and recorded in the p. c records of Miami -Dade County, Book , Page
(''Development Agre ent") with certain Developer Parties as defined therein; and
WHEREAS, the Develop ent Agreement secures certain benefits and obligations for
the mutual benefit of the City an the Developer Parties, as set forth in the Development
Agreement; and
WHEREAS, the Development A ement allows joinder of additional parties, when
such additional party own any Property In est in the Miami Design District as defined in the
prior Zoning Ordinance 11000, more partic arly SD-8 described in "Exhibit attached
hereto; and
WHEREAS, the Development Agreemen equires that such additional party execute
this joinder form in order to become a party to the D- elopment Agreement; and
WHEREAS, the undersigned desires to enjoy th benefits conferred upon the Developer
Parties under the Development Agreement, and in con -ration for such benefits agrees to be
bound by the obligations imposed therein upon the Develop Parties; and
NOW THEREFORE, in consideration of the benefits 4,nferred upon any Developer by
the aforementioned Development Agreement, and certifying tha he above recitals are true and
correct, and incorporating such recitals herein, the undersigned do hereby execute this Joinder
Form and becomes a Developer Party pursuant to the Development A e ment.
The undersigned shall assume all of the benefits, and be bo nd, comply with, and
perform all of the obligations, as set forth in the Development Agreeme and as applicable to
the Property Interest which the undersigned owns upon the adoption • a Zoning Atlas
amendment to Miami 21 designating the Miami Design District Retail Street ,pecial Area Plan.
The undersigned shall be obligated to the City for the benefit of the City, and - City shall have
all rights and remedies set forth in the Development Agreement to enforce terms of the
Development Agreement against the undersigned, to the extent applicable to he Property
Interest owned by the undersigned.
(24483959;6) 49
SUBSTITUTED
SIGNATURE PAGES TO FOLLOW
The und signed also hereby represents that it has full power and authority to execute this
Joinder Fo , and certifies to City that none of its owners or officers, nor any immediate family
member of of such owners or officers, is also a member of any board, commission, or
agency of the Ity.
WITNESSES: [COMPANY/CORPORATION NAME]
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before e this day of
2012, by , the , a Florida limited liability
company / corporation, on behalf of that company, in its acity as of
, a Florida limited liability company, o behalf of that company; such
person is (check one) [ ] personally known to or [ ] has produced
as identification.
NOTARY PUBLIC, State
Print Name:
Commission No.:
My Commission Expires:
{24483959;6) 50
Florida
SUBSTITUTED
e City hereby acknowledges and consents to the joinder of the above signatory as a
Develope arty to the Development Agreement.
WITNESSES: CITY OF MIAMI, a municipal corporation located
within the State of Florida
By:
Print Name: Johnny Martinez
City Manager
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged fore me this day of
2012, by Johnny Martinez, in his capacity as City Man er, on behalf of that municipal
corporation; such person is (check one) [] personally kno n to me or [] has produced
as identification.
NOTARY PUBLIC, ate of Florida
Print Name:
Commission No.:
My Commission Expires:
(24483959;6} 51
SUBSTITUTED
Exhibit "E"
Letter su o t from ena Vista East Historic Nei hborhood Association dated
November of 2011
(24483959;6)
52
November 22", 2011
n
SUBSTITUTED
Historic Neighborhood Association
RE Un erstandlng between Dacra and the BVEHNA
Dear Rich,
We apprecla
e you and other members of your boards have taken to meet with us about the
deveIQpmentpt s for the Design District.
Based upon tho
those are outlined
support our developme
I s, we have movie some design changes to the plan with your guidance, and
With the incorporation of these changes, the Associations have agreed to
Ian as it goes through the SAP and other entitlement hearing processeS.
Modifications to our plan I
1. -Dacra agrees that ther
along the NE 42" St. fa
2. The BVEHNA is not op
Dacra will use its bast effo
ncluded The following',
department store out to NE 42
3. Dacra will increase the setback o he NE 42" Si. facade from 5 ft. to 10 ft. at the 1" floor, and
will set buck the 2" floor a further
4. This setback area will include a land
and Instead include staggered planters
5. At the request of OVEHNA, Dacra will e
with BVEHNA to design the south side of
include a more intensive _landscaping plan
6. DACRA will exceed any required tree mitlg
relocation of trees to the eVEHNA.
7. DACRA will advocate and assist BVEHNA with be
54th St.
B. DACRA is supportive of the efforts of BVEHNA to have
throughout the 'residential rerighborhood.
be a garage entrance, nor any dumpster storage anywhere
r development.
department store entrance an the NE 42" St. fugade, and
k with the future tenant to have an entrance from the
We will remove water features from this wall
element of the design.
ethe park it was proposing and instead will wark
E 42"St. right-of-way (sidewalks and swale) to
potential meandering sidewalk layout.
part of our development plan, with possible
itn efforts on N. Miami Avenue up to
way st
Sincerely, Acknowledged,
ig Robi
Re
VEHNA
s
nd partial closures
SUBSTITUTED
E 1ct
DEVELOPMENT AGREEMENT BETWEEN CITY OF
MIAMI, FLORIDA AND FLAGLER HOLDING GROUP,
INC., MONTE CARLO ASSOCIATES (DEL.) LLC,
MOONLIGHT MILE ACQUISITIONS, LLC, MCCRORY
DESIGN ASSOCIATES (DEL.) LLC, 39111 STREET (DEL.)
C, HALF -CIRCLE PROPERTY (DEL.) LLC,
NO WEGIAN WOOD ACQUISITIONS, LLC
CU RLAND ACQUISITIONS LLC, OAK PLA
ASSOC TES (DEL.) LLC, DACRA DESIGN ASSOCIA ' S
(DEL.) LL , BEN NEWTOWN, LLC, SWEET VIR ' NIA
ACQUISITI S, LLC, LOVELY RITA ACQUIS IONS,
LLC, 40 DIS ICT LLC, MOSAIC (DEL.) LL DACRA
DESIGN MOOR (DEL.) LLC, FCAA, LLC, 'hUl-I LEE,
LLC, DACRA DE GN 4141 LLC, MDDA G ' •_GE, LLC,
ROCKY RACCO ACQUISITIONS (DEL.) LLC,
REGARDING APPR AL OF THE AMI DESIGN
DISTRICT RETAILS ET SPECI AREA PLAN AND
RELATED DEVELOPMEN
THIS AGREEMENT is entered this
Florida Holding Group, Inc., a Florida profit
Moonlight Mile Acquisitions, LLC (as suc
Rothman Design LLC, Dacra Design
McCrory Design Associates (Del.) LL
LLC, Norwegian Wood Acquisition
Acquisitions, LLC), Cumberland A
Design, LLC), Oak Plaza Assoc
Newton, LLC, Sweet Virginia
successor by merger to Pain
LLC (and as successor by
Design 4141 LLC,
Delaware limited Iiab
"Developer Pantie
political subdivis',.n
as the "Parties'
sor by
el.) L
9th Street (Del.
, 2012, by and between,
ion, Monte Carlo Associates (Del.) LLC,
erger to Electra Design (Del.) LLC,
and Miami Avenue (Del.) LLC,
LC, Half -Circle Property (Del.)
C (and as succsor by merger to Lady Jane
sitions, LLC (and as suc
s (Del.) LLC, Dacra Design
quisitions, LLC, 40 District, LLC
Design (Del.) LLC), Dacra Design Mo
erger to Scarlet Begonia Holdings, LLC),
A Garage, LLC, and Rocky Raccoon Acqui
sor by merger to Hale Daniel
sociates (Del.) LLC, Ben
osaic (Del.) LLC (and as
(Del.) LLC, FCAA,
I Lee, LLC, Dacra
ons (Del.) LLC,
y companies (each, individually, "Developer Party," an'd collectively, the
and the CITY OF MIAMI, FLORIDA, a municipal cornNration and a
of the State of Florida ("City") (Developer and the City togeth referred to
WITNESSETH:
REAS, the Miami Design District (the "District") spans portions of twelve (12) c
blo s containing all the properties generally bounded on the east by Biscayne Boulevard; south
b, 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
designated under Ordinance 11000; and serviced by three (3) Miami -Dade Transit routes; and
WHEREAS, the District has recently become an internationally recognized center for
furniture design and a burgeoning home for the arts, high fashion, restaurants, and a center for
creative employment; and
(24483959 6}
SUBSTITUTED
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, as such, the City wishes
to encourage redevelopment within the District; and
WHEREAS, a subset of the Developer Parties wish to redevelop some of the :AP
Properties as a mixed-u , pedestrian oriented, urban retail street anchored by high -end .shion
brands heretofore unavaiIIe within the City (the "Retail Street Project"); and
WHEREAS, the City\and Developer Parties wish for development of the P Properties
to proceed in a manner which As consistent with the Miami Comprehensive Ne borhood Plan
("Comprehensive Plan") and the\kand development regulations; and
WHEREAS, the properti4 within the SAP Area carry F re Land Use Map
designations of Duplex Residential., Medium Density Restricted o mercial, Restricted
Commercial, and General Commercial In\the Comprehensive Plan;
WHEREAS, the City and Devehr Parties wish to a end the Future Land Use Map
designations within the Comprehensive P for selected operties within the Retail Street
Project from Duplex Residential and Meditkm Density 1 ultifamily Residential to Medium
Density Restricted Commercial in order to facilitate rede loprnent within the District; and
WHEREAS, a process exists within the i 21 Zoning Code ("Miami 21") which
allows parcels of more than nine (9) abutting es to be master planned to allow greater
integration of public improvements and infras u e, and greater flexibility so as to result in
higher or specialized quality building and str tseape .sign; and
WHEREAS, the result of this m terplanning pr)licess is known as a "Special Area Plan"
WHEREAS, the Develo r Parties hold fee simple 4e to approximately 19.08 acres of
property within the District; an
("SAP"); and
WHEREAS, the s which comprise the Miami Desig District Retail Street Special
Area Plan properties ar those identified on page AL4 and A1.5 e Miami Design District
Retail Street Special rea Plan Design Concept Book (hereinafte the "SAP Property", "SAP
Properties", or "S Area") (sketch and legal descriptions of whi'9i are attached as Exhibit
"A"); and
WH AS, Sec. 191 f of Miami 21 requires development 'thin an SAP to occur
pursuant a Development Agreement between the property owner(s) and City; and
WIIEREAS, the City and Developer Parties wish to rezone some o\the SAP Properties
T3-L, T3-O, T4-L, T4-O, T5-0, T6-12 L to Miami Design District Reta Street SAP, with
1 1
odifications to the underlying Transect designations to T4-O, T5-0, T6-8-0, and T6-12-0 in
order to facilitate redevelopment within the SAP Area and effectuate the Reta?1,, Street Project;
and
(24483959M 2
SUBSTITUTED
WHEREAS, this Development Agreement ("Agreetnent") satisfies the requircm
forth in Sec. 3.9 of Miami 21 ; and
se
WHEREAS, the City and Developer Parties wish for development within th-. strict to
proceed substantially in accordance with the Miami Design District Retail Street S Regulating
Plan and Design Concept Book attached as Exhibit "B" ("Regulating Plan and Pesign Concept
Book "); and
'•\\
WHEREAS, thle lack of certainty in the approval of development o 1 result in a waste of
economic and land resotirces, discourage sound capital improvement anning and financing,
escalate the cost of housing and development, and discourage com e tment to comprehensive
planning; and
WHEREAS, assurance to Developer Parties that they
existing laws and policies, subjectAo the conditions of a dev I
public planning process, encourage. sound capital improve
in assuring there are adequate caNtal facilities for
participation in comprehensive plannin and reduces th
WHEREAS, the City Commison
July 26, 2012 has authorized the City Man
conditions as set forth below, and the Dev
this Agreement upon the terms and condition
g
pu
y proceed in accordance with
ent agreement, strengthens the
nt planning and financing, assists
e development, encourages private
economic costs of development; and
to Ordinance No. 12- , adopted
execute this Agreement upon the terms and
Parties have been duly authorized to execute
orth below.
at
NOW THEREFORE, in con eratio of the mutual covenants and agreements
hereinafter contained, the parties m
y agree an bind themselves as set forth herein:
Section 1. Consideration. Th- arties hereby a that the consideration and obligations
recited and provided for under t s Agreement cons -tit e substantial benefits to both parties and
thus adequate consideration fo' his Agreement.
Section 2. Rules o al Construction.
For all purpose o the Agreement, unless otherwise e .ressly provided:
(a)
(h)
c
A ed term has the meaning assigned to it;
ords in the singular include the plural, and words t plural include the singular;
A pronoun in one gender includes and applies to other elders as well;
d) The terms "hereunder", "herein", "hereof', "hereto" and uch similar terms shall
refer to the instant Agreement in its entirety and not to 'ndividual sections or
articles;
(e) The Parties hereto agree that this Agreement shall not be mor- strictly construed
against, either the City or Developer, as all parties are drafters o this Agreement;
and
{24483959;6
(0
SUBSTITUTED
The recitals are true and correct and are incorporated into and made a part of th'
Agreement. The attached exhibits shall be deemed adopted and incorporated o
the Agreement; provided however, that this Agreement shall be deemed to c trol
in the evenr.-oa conflict between the attachments and this Agreement.
Section 3. Definitions, C pitalized terms which are not specifically defined erein shall
have the meaning given in Miarhi 21.
"Agreement" means this Agreement between the City and Develope
"City" means the City of Miami, a municipal corporation nd a political
subdivision of the State (+ f Florida, and all departme , agencies and
instrumentalities subject to the'Vurisdiction thereof.
"Comprehensive Plan" mean the comprehensive p1. known as the Miami
Comprehensive Neighborhood PI n, adopted by the C. pursuant to Chapter 163,
Florida Statutes (2011), meeting the requirements Section 163.3177, Florida
Statutes (2011), Section 163.31'98, Florida a tes (2011) and Section
163,3221(2), Florida Statutes (2011), hich is effect as of the Effective Date.
"County" means Miami -Dade Coun political subdivision of the State of
Florida.
"Developer Party" means an i cl. idual operty owner who is a signatory to
this Agreement.
"Developer Parties" me the property o ners who are signatories to this
Agreement.
"Development" mea the carrying out of any
any material chantin the use or appearance
dividing of land o three or more parcels and su
Section 163.32. (4), Florida Statutes (2011).
TIEffetjve 0 ate" is the date of recordation of the
this Ag nt.
I!E
ilding activity, the making of
ny structure or land, or the
other activities described in
x u ed, original version of
ting Zoning" is (a) Miami 21 Code, April 2012, sp
mi Design District Retail Street SAP Regulating Plan
ook, and related modifications to the Transect designatio
SAP Area, and (b) the provisions of the Charter and City
Ordinances ("Code") which regulate development, specifically
10, 13, 22, 22.5, 23, 36, 54, 55 and 62 of the Code, as ame
Effective Date, which together comprise the effective la
regulations governing development of the SAP Area as of the E
cifically including the
and Design Concept
of lots within the
of Miami Code of
ncluding Chapters
ded, through the
d development
ive Date.
"Land" means the earth, water, and air, above, below, or on th
includes any improvements or structures customarily regarded as lan
(24483959;6) 4
surface and
SUBSTITUTED
"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" major capital improvements, including, but not
to, transportation, satary sewer, solid waste, drainage, potable
educational, parks and ecrcational, streets, parking and health sys s and
facilities.
"Retail Developer Party" Consists of the parties identified in Ex bit "C", who
are signatories to the Agreernent and will be undertaking the d elopment of the
Retail Street Project.
"Retail Street Project" means, that proposed develop ent within the Design
District SAP slated to occur on properties within the AP area and denoted as
properties 2, 3, 4, 5, 6, 7, 13, 14, 15 16, 17, 18, 19, 24, 25, 26, 27, 35, 36, 37,
38, 42, 43, 44, and 45 on sheet A1.5 of the Mia Design District Retail Street
Special Area Plan Design Concept-B&ok.
Section 4. Purpose. The purpose of this A
Parties to redevelop the SAP Properties pursue
This Agreement will establish, as of the Effect
will govern the development of the SAP Pro
certainty during the development process.
3.9.1.f., Miami 21.
ent is for the City to authorize Developer
he Miami Design District Retail Street SAP.
ate, the land development regulations which
es, thereby providing the Parties with additional
ent satisfies the requirements of Section
Section 5. Intent, Developer P ies and the City in nd for this Agreement to be construed
and implemented so as to effectu the purpose of the M mi Design District Retail Street SAP,
this Development Agreement, e Comprehensive Plan, E isting Zoning, and the Florida Local
Government Development A eement Act, s. 163.3220 - 16 3243, Florida Statutes (2011).
Section 6. A licab' This Agreement only applies to the SAP Properties identified in
Exhibit "A."
Section 7. Te 'Effect. This Agreement shall
have a term of irty (30) years from the Effective Date and sh'1I be recorded in the public
records of ' ...Dade County and filed with the City Clerk. The e m of this Agreement may
be extende. .y mutual consent of the Parties subject to a public heart , pursuant to s. 163.3225,
Florida S tutes (2011). This Agreement shall become effective on th Effective Date and shall
constite a covenant running with the land that shall be binding upon, Trid inure to, the benefit
o h parties, their successors, assigns, heirs, legal representatives, and personal representatives.
e ion 8. Permitted Development Uses and Building Intensities.
(a)
{24483959;6}
Miami Design District Retail Street SAP Designation. The 'y ity 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 Design Concept Book are attached as Etbibit "B". In
SUBSTITUTED
approving the Miami Design District Retail Street SAP, the City has detered
that the uses, intensities and densities of development permitted thereu are
consistent with the Comprehensive Plan and the Existing Zoning.
(b) Densiiy, Intensity, Uses and Building Heights.
(1) As ?the Effective Date and pursuant to the Miami D gn District Retail
Street XAP, the density and intensity proposed the SAP shall be
consisterkt with the densities and intensities pe itted by the Existing
Zoning. \
(2) The non-1:0\sidential development perm' ed on the SAP Properties
includes, but is not limited to, the fo g uses: office, hotel, retail,
entertainmenteducational, and any • er uses permitted by the Existing
Zoning.
(3) Nothing herein 11
change of zoning, pu
density or intensity
designation of that
District Retail Stre
prohibi he Developer Parties from requesting a
rsu. to Article 7 of Miami 21, to increase the
d elopment permitted by the underlying Transect
in property forming part of the Miami Design
P by amending the SAP and this Agreement,
(4) In the event th- ity sho Id amend its Comprehensive Plan to permit the
transfer of sities withi a specified area so as to permit densities in
excess of density limits et forth in a particular Future Land Use Map
categor nothing herein s) all prohibit the Developer Parties from
req ng such density transf s within the Miami Design District Retail
SAP.
(c) Euvi mental. The City finds that t proposed development will confer a
ant net improvement upon the publicly accessible tree canopy in the area.
e City and Developer Parties agree that veloper Parties will comply with the
ntent and requirements of Chapter 17 �f the City Code, subject to the
modification set forth herein, by performing tree replacement within the SAP
Area where possible,
(1)
i24483959;6)
Off -site replacement trees. Notwithstandi g the requirements of Sec. 17-
6.(e) of the City Code, where replacemen within the SAP Area is not
possible, Developer Party may enter into ak agreement with the City to
perform tree replacement on public propert in the following order of
priority: (i) within the District; (ii) within a one (1) mile radius of the
District; or (iii) within any City park. - Particar emphasis shall be paid
to replacement along gateway corridors with' and surrounding the
District, specifically N. Miami Avenue, N,E. 2"d venue, NE 36" Street,
NE Ist Avenue, and Biscayne Boulevard. The City further agrees to
facilitate the permitting and planting of replaceme t trees on all publicly
owned •property within the area and within City p'rks. Each Developer
6
(3)
SUBSTITUTED
Party undertaking tree replacement off -site for any parcel of Ian ithin
the SAP Area shall agree to water, trim, root, prune, brace, or dertake
iy other necessary maintenance as may be required by the P 'c Works
D ailment for a period of not greater than thirty ( days after
inst nation. Each Developer Party further agrees to warr t each off -site
repldpementtree for a period of one (1) year after the da o installation.
(2) SAP Area tree installation, maintenance and gu .ntee, For all trees
placed' within the SAP Area, each Developer Part shall install any needed
irrigation and corresponding water meters to .port the growth of trees
located within the right-of-way. Each Dev- .per Party undertaking tree
replacement for any parcel of land shall a ee to water, trim, root, prune,
brace, or undertake any other necessary aintenance as may be required
for trees 'located within the SAP A • Each Developer Party further
agrees to warrant each SAP Area tre for a period of one (1) year after
installation.,
Tree replacement chart. The ee replacement chart below, shall be used
to determine Whether a Dev oper Party has satisfied the tree replacement
requirements f r any pa u ar parcel of land as set forth in Sec. 17-6.(a)
of the City Coe, Th chart below shall replace and supersede Chart
17.6.1,1. in the tv ide.
Tree Replacement Chart
Total diameter of tree(s
(sum of inches at DBH
o be rkmoved
Total inches of replacement DBH
required (12' minimum tree height)
2"- 3"
2"
4"- 6"
4"
7"- 12"
8"
13"- 18"
12"
, 19"- 24"
16"
25"- 3
20"
31" 36"
\
24"
'-. 42"
28"
43"- 48"
49"- 60"
0"
To determine whether the replaement requirements have been satisfied,
calculate the total sum in inches fthe diameter of the trees removed. The
size of the replacement trees dial eter at breast height (DBH) must equal
the total inches of replacement DBH set forth in the above chart.
Diameter measurement shall be ro ded up to the nearest inch. If the sum
of the diameter of trees to be rem ,/ed exceeds a total of 60 inches, the
additional inches shall be added curnulatively from the top of the chart,
{24483959;6}
SUBSTITUTED
NBSTN~N~N NTED
down to the bottorn of the chart, to calculate the number of D'. ' for
replacement trees.
(4) Tree species, The chart set forth below shall replace and su"rsedeChart
17.6.2.1. in the City Code, All other requirements set fe in Sec. 17'
" 0.(b)of the City Code shall apply within the SAP Area.
� BHform�acennen� Required"Required
�
trees
minimum of species
41^'IOO^
4
Tree |udon. A Developer Par- nbu| install trees opportunistically
within fl�ie public right-of-way, s ject to approval by the Department of
Public Works,
Section 9. Connectivhvund
(a) Connectivity. A c
below -grade conn
The proposed below
pedestrian and vehicu
impacts by enhanci
impacts.
vit within
tothe success ofthe Retail Street Project in the
n the public right-of-way along N.E. 41't Street,
connection will facilitate ease of access, minimize
cVoflicts, and reduce the Retail Sheet Pro|ect'o traffic
nternalized traffic circulation and reducing off -site
The Retail De 'loner P. ty recognizes that such connectivity and xomnosmio]
usage may /-'ulreupponv^|ofother governmental uQeocicm such usMiarni'Dudc
County. T'' City findoao^ determines that establishing such connectivity below
N.8.4lm trcot serves a puiliopurpooe, and fvrtber agrees tosupport the Retail
Dove|*os[9orty'sefforts to wbb,ioany authorization to establish such proposed
bolo ''urudeoonn�tim�
~-
City further findsthat the u'tkodzatinno[such 000nnocdnn be/av/thopuh|ix
right-of-way shall in no way dir,inish access for firefighting apparatus or rescue
and xu|vugn operations; dimin/^h traffic, transportation and circulation; o,
adversely impact the, advancerne it of the safety, health.. and general welfare
within tile City,
Given the public benefits conferred �pon the City by the cmmnoction
hunoudh MB. 41u Street and uorouxdx public h the provisions of Sec.
54-186 shall not apply to the Miami Dsign District Retail Street SAP,
(b) Construction of encroachments with
finds that the encroachments proposed
unduly restrict the use of the public righ
(24483959;6} 8
the Public Right -of -Way. The Cit),
SUBSTITUTED
Section
an extei
Stree
Dev
d
the construction of the vehicular underpass below the same rights -of- ay. The
adoption of this Agreement shall serve to satisfy the requirements set h in Sec.
55-14(b) of the City Code.
Notwitlkanding the requirements of Sec. 55-14(c) of the CCode, the City
agrees to aive any and all claims to payment of a user fee i. connection with the
constructiok of the aforementioned encroachments with' the public rights -of -
way.
Further, this Areement shall satisfy the requireme ofSec. 55-14(d) of the City
Code. In consideration for authorizing the co ruction of the aforementioned
encroachments, the Retail Developer Party fucovenants to:
Maintain t11 below -grade vehicul underpasses in accordance with the
Florida Buil.ing Code and the C' y Charter and Code.
Provide an
manager, nun'
property damag
encroachment(s)
Developer Party
City shall have
place a sp
property fo
he to
nce pol c , in an amount determined by the city's risk
the Cit as an additional insured for public liability and
The nsurance shall remain in effect for as long as the
xt within the right-of-way. Should the Retail
o continuously provide the insurance coverage, the
ight to secure similar insurance policy in its name and
essment lien against the owner's abutting private
tal ost of the premium.
(3) The R il Developer rty shall hold harmless and indemnify the City, its
offic' Is and employee from any claims for damage or loss to property
injury to persons o any nature whatsoever arising out of the use,
istruction, maintenanc or removal of the vehicular underpass and from
and against any claims wh'ch may arise out of the granting of permission
for the encroachment or a activity performed under the terms of this
Agreement.
Public Facilities. As of the Effective
ve analysis of the Public Facilities availa
oject. In the event that the Existing Zoning
oper Party or the Retail Developer Party to p
c encies in required levels of service occasioned by
a result of the development of the Retail Street Proj
Developer Party, as appropriate, shall provide such Publi
requirements of s. 163.3180(2)(a), (b) and (c), Florida Stat
by Chapter 13 of the City Code, if applicable, The Develope
impact fees and assessments in existence as of the Effective D
as
ura
g
Section 11. Project Approval,
ate, the Developer Parties have conducted
to serve the SAP Area and the Retail
nd/or the Comprehensive Plan require a
ovide Public Facilities to address any
ure development within the SAP Area
ct, such Developer Party or the Retail
Facilities consistent with the timing
es (2011), or as otherwise required
Parties shall be bound by the City
e of this Agreement.
(a) Future Development Review. Future developm t within the Miami Design
District Retail Street SAP shall proceed pursuan o the processes and in
(24483959;()
9
SUBSTITUTED
accordance with the design set forth in the Regulating Plan and Design Concept
Book, attached as Exhibit "B". The criteria to be used in determining whether
future development all be approved is consistency with the Comprehensive
Plan, this Agreement tnd the Miami Design District Retail Street SAP.
(b) Prohibition on Down4ting,
(1) The CompreherOve Plan, the Existing Zoning, and this Agr ment *d
shall govern the development of the certain SAP Properti designated
part of the SAP a,d of the Retail Street Project for the duration of the
Agreement. The Ci*ty's laws and policies adopted after e Effective Date
may be applied to ,he SAP only if the determina ns required by s.
163.3233(2), Florida Statutes (2011) have been ma a er 30 days written
notice to the Develop.kr and following a public earing or as otherwise
provided herein. ..
(2) Pursuant to s. 163.3233(), Florida Stat es (2011), this prohibition on
downzoning supplements, \rather than pplants, any rights that may vest
to Developer Parties under \Florida o ederal law. As a result, Developer
Parties may challenge ar\y su equently adopted changes to land
development regulations bad (a) common law principles including,
but not limited to, equitabl& stoppel and vested rights, or (b) statutory
rights which may accrue by iikue of Chapter 70, Florida Statutes (2011).
the SAP Area. The Miami Design D. 'ct Retail S
Section 12. Alcoholic Beverage Sales. -Up appro al of this Agreement, pursuant to Chapter
4 of the City Code, two (2) Retail Special Centers a e hereby designated for properties within
SAP Retail Specialty Center North
("Retail Specialty Center North") shal onsist of all SA1 Properties located north of the mid -line
of the right-of-way of NE 40th Str: and the Miami D sign District Retail Street SAP Retail
Specialty Center South ('Retail ecialty Center South") shall include properties located south
of the mid -line of the right -of- y of NE 40th Street.
The maximum number establishments selling alcoholic beverages permitted within each
Retail Specialty Cent; shall not exceed five (5) esta lishments, inclusive of any such
establishments in exi ence as of the date of this Agreem nt, but exclusive of any bona fide,
licensed t'estauran. where the sale of alcoholic beverag s is entirely incidental to and in
conjunction witi ie principal use of the sale of food (e.g. bdia fide, licensed restaurants, with a
2-COP, 2-CO SRX, 4-COP, 4-COP SRX or an equivalent cense). The number of approved
establishm s may be increased by amendment to this Agreerient.
Each e blishment selling alcoholic beverages permitted w thin the Retail Specialty Center
Nort and the Retail Specialty Center South, exclusive of bon fide, licensed restaurants where
sale of alcoholic beverages is incidental to the principal Ase of the sale of food, shall be
'mined pursuant to the requirements of the Miami Design trict Street Regulating Plan,
attached hereto as part of Exhibit "B", and any applicable pro ion of Chapter 4 of the City
Code not in conflict with the provisions of this Agreement.
244183959;6 } 10
SUBSTITUTED
Each of the alcohol beverage establishments within both the Retail Street SAP Retail Specialty
Center North and Retail Specialty Center South permitted pursuant to this Section shall
reserved for the benefit of the Retail Developer Party, unless otherwise modified by a sep e
written agreement between the Developer Parties,
Section 13. Valet Parking, The Devel p r Parties intend to establish a uniform v et system
to service the SAP Properties and the Disrict generally. Notwithstanding the 1 itations set
forth in Sec. 35-305, a maximum of two (2 valet perrnits may be issued for th operation of a
valet parking ramp on the same side of the bl ck where the permit applicant is e operator of the
uniform valet system.
Section 14. Temporary/Special Events. To ie extent governed by t a s and regulations of
the City of Miami, the City Commission herby finds and agrees at the following special
events constitute ancillary uses of the Retail treet Project; eve banners, farmers' markets,
grand openings, holiday sales, outdoor sales, gr und breakings, d neighborhood sales events.
For events which the Retail Developer Party ant cipates to ex ed (75%) seventy five percent of
the maximum permitted occupancy, inclusive o ,Open and ivic Space or (2,100) two thousand
one hundred guests, whichever is less, the RetaiADeveIor Party, or its designee, shall submit
an application for review to the City Neighborhol-)d E ancement Team (NET) office servicing
the District no less than five (5) working days p4io o the date of any such event. The City
agrees to complete its review within three (3) rking days of the submittal of the required
application to ensure coordination of needed ervices and avoid possible adverse impacts
due to multiple events occurring within the i ed. e and surrounding area.
The City Commission furt finds th the above -listed activities, which shall not
exceed the maximum permitted occup cy of the Retal Street Project, will not:
substantially inter t the safe and orde ly movement of other traffic contiguous
to the specia
substantially
unduly
areas
hi
v
inish routine police servileservie Ieve1s to the entire community;
erfete with the proper fire and p
o tiguous to the special event as a
les;
(iv) nterfere with the movement of firefightin
call; and
present an unreasonable danger to the health
ce protection or ambulance service to
esult of the concentration of persons
apparatus en route to an emergency
nd safety of the public.
N. hstancling the requirements of Secs. 62-521, and 62- 22, the above -stated activities shall
uire the issuance of a City permit.
Section 15. Public Benefits.
(a) Job Creation & Employment OpportunitiesGenerally, the Developer Parties
shall consult with local and/or state economic development entities regarding job
{244E13959;6) 11
SUBSTITUTED
training and job placement services for area city residents seeking emp
opportunities with potential employers which will locate or establish a
within the SAP Area.
(1)
(2)
Construction Empl yment. The Developer Parties shall us
work with the City i the following areas:
ment
usiness
a. Job Sourcing. The Developer Parties shal .equire their general
contractor(s) to use best efforts to work ith the City's Miami
Works Initiative to source job opportu ties for both skilled and
unskilled laborer seeking employ opportunities within the
construction indus
b, Community Busin s
Developer Parties sh
efforts to assign a
construction contrac
certified by Miami-D
Enter' ise (CBE) Participation. The
equi heir general contractor(s) to use best
um of twenty percent (20%) of the
lue to subcontractors whose firms are
County as CBEs.
c. Local Workfor e Fa,icipaion. The Developer Parties shall
require their e e al co ra,ctor(s) to use best efforts to employ a
minimum twenty perFent (20%) of on -site labor from persons
residing ithin the nnunid'pal boundaries of the City of Miami.
Restaura
a sigi
retail
sh
and Retail Employm
ant number of emplo
ors will be generated
use best efforts to work
nary and retail institutes, o
consultation with the City,
programs in employment opportun
Hospitality Employment. The De
of job opportunities in the hospita
SAP Area. The Developer Partie
Miami Dade College, through its
institutions and organizations, in
qualified graduates of the hospitalit
within the SAP Area. In addition,
efforts to assist the City in identify
• The Developer Parties anticipate that
ent opportunities in the culinary and
ithin the SAP Area. Developer Parties
ith Miami Dade College, through its
h similar institutions or organizations,
o place qualified graduates of such
ties within the SAP Area.
(244839596} 12
eloper Parties anticipate that a number
ity sector will be generated within he
shall use best efforts to work with
hospitality institute, or with similar
onsultation with the City, to place
nstitute in employment opportunities
the Developer Parties shall use best
ng employment opportunities within
SUBSTITUTED
the hospitality sector outside the SAP Area and (place qualified graduate
of the hospitality institute in positions.
(b) Park/Open Space Enhancements. As consideration for certain reduc '•ns to
standards set forth in the City's land development re ulations, the ► eveloper
Parties hereby agree to undertake the following improves ents:
(1)
Woodson Mini -Park: The City owns and opera es an e '.ting mini -park,
located at approximately 699 NE 36th Street Folio .1o. 01-3219-000-
0010), consisting of a parcel of land approximate y 6 : 1 sq. ft. in size and
any improvements thereon. In consultation wi ity Planning staff and
subject to their approval, and that of any o -r City department, the
Developer Parties hereby agree to design - • construct the proposed
improvements (e.g. enhanced landscaping tg ting, fencing, and similar
improvements), etc., to the park at their se cot and expense within three
(3) years of the Effective Date of this - :reeme t.
(2) Park/Open Space Acquisition: Th IeveloperjJParties shall use best efforts
not less thin 3,500 sq. ft. in size for
(3)
{24483959;6}
to acquire a parcel of land o
park/open space within th
immediate vicinity of the
twenty thousand square
shall be dedicated to t
the Developer Part'
design treatment
incorporate sit
and similar
such acqu
Date of is
SAP Area,
strict to offset a
et of required Ope
City as a public par
, which improvements
pproved by the City f
ar elements (e.g. enhanced 1
provements), etc. The Dev
tion and improvements within t
Agreement.
If s h acquisition is not timely completed
t1 Developer Parties shall be required to m
ublic Parks and Open Space Trust Fun
required cash contribution contemplated un
21 for not Tess than (20,114 sq, ft.) twenty t
square feet of Open Space, The amount
apportioned between each Developer Party
forth in subparagraph (3) below.
Apportionment of the Cost of Enhanc:
improvements and park acquisition referre
called the "Park/Enhancement/Acquisitio
Enhancement/Acquisition shall be borne by
and to the extent that the Developer Parties
signed by the Developer Parties and recor
Miami -Dade County, Florida: (a) the Park
be initiated by the Retail Developer; (b) eac
13
he District, or within the
• eficiency of (20,114 sq. ft.)
Space. Said parcel of land
open space and improved by
shall be consistent with the
r Woodson Mini -Park and
ndscaping, lighting, fencing,
loper Parties shall complete
ree (3) years of the Effective
ithin period set forth above,
ke a contribution to the City's
in an amount equal to the
•er Sec. 3.14.4.b.3. of Miami
ousand one hundred fourteen
of said contribution shall be
accordance with method set
ent & Acquisition. The
to in (1) and (2) above are
." The cost of the Park
he Developer Parties. Unless
•therwise agree by instrument
red in the Public Records of
nhancement/Acquisition shall
Developer Party shall pay to
(c)
(d)
SUBSTITUTED
he Retail Developer its share of such cost of the Park
l a icement/Acquisition as costs are incurred; (c) Retail Developer sha
fro time to time have the right to issue (and record at Retail Develop s
optio ), certificates indicating the status of any sums due to it for th
Enhan nent/Acquisition. Any such sums not paid to th
Deve1opr within ten (10) days after such payment is due all a
interest a the rate of 18% per annum (but not more than the ighest rate
permitted • law) and shall constitute a lien on the prop withiti the
SAP that is •awned by such Developer Party from who uch payment is
due.
Street Right -of -Way I
the Developer Parties
improvements shall incl
Properties only make-up o
Developer Parties agree to co
any non-standard irnprovemen
provements. In order to
Retail Developer Parties
e the entire length o
portion of the bloc
struct and mainta
to ROW as d
NE 42" Street Landscaping
support dated November of 2
Neighborhood Association ("Assoc
the Retail Developer party shall
final design treatment for the no
north block within the SAP
illustrated on pages A3.4 a
as part of Exhibit "B".
treatment to the P
consultation with
consistency with
h nce
ea, the
A3.5 o
e Retail Dev
ning Director
Association,
standards set forth in
Section 16. LocalDevelo e Per i
(a)
er a uniform aesthetic,
agree that any ROW
e block, even when SAP
eveloper Parties and Retail
, at their sole cost and expense,
cribed herein.
nts, As evidenced by the letter of
om the Buena Vista East Historic
on"), attached hereto as part of Exhibit "E".
ollaboratively with the Association on the
of the building slated for development on
eliminary design treatment for which is
e Design Concept Book, attached hereto
oper Party shall present the final design
review and approval, following
lch review shall be evaluated for
4, Table 12,
prnent of the SAP Property in acc
ated by Developer Parties. Redevelo
additional permits or approvals from th
nment and any division thereof. Subjec
provals, the City shall make a good faith effor
ooperate with and facilitate all such approvals. S
itation, the following approvals and permits an
approvals and permits:
ance with the Existing Zoning is
ment of the SAP Property may
City, County, State, or Federal
to required legal process and
o take all reasonable steps to
ch approvals include, without
any successor or analogous
(1) Subdivision plat and/or waiver of plat approv 1 ;
(2) Covenant or Unity of Title acceptance or the r1ease of existing unities or
covenants;
(3) Building permits;
{24483959,61 14
SUBSTITUTED
NTED
(4) CvrdOoab: oyuse and/or occupancy;
(5)
(6) Development of Regional b-npact approval, modificatio, or exemption;
�In
Storrilwater Permits;
0 An other official action of the City, County, m'oyother government
agen, y having the effect of permitting developm- ' of the SAP Property.
(h) In tile event t,atthe City substantially modifies its '^d development regulations
regarding site .bm approval procedures, authority o approve any site plan fora
project oil the S ^ P Properties mhuK be vested so y in the City Manager, with the
recommendation ^fthe P|unningDireo Director. An such site plan shall beapproved if
it meets the ,#qu/r� uoto and �riteriaofthe ximiing Zoning, the Comprehensive
Plan and the terms o this Agreement.
8ectinul7. Necessity of Compl~nQ with Loo Reaulationa Relative to Development
The Developer Parties and the City a
particular permit, condition, fee' tern , lice
not relieve the Developer Parties of the
said permitting requirements, conditions
8mcUnol8.
bA (N , or restriction in effect on the Effective Date shall
he failure of this Agreement to address u
essity of complying with the regulation governing
nnn4licenses, o,restrictions,
Reservation ofDcvo "»nznntXig`tn.
For the term
development
Comprehens
of is Agreement,
o"the SAP Property
e Plan and the Agreei
e City hereby agrees that it shall permit the
accordance with the Existing Zoning, the
Nothing ierein xhu| prohibit an in neauc in the density or intensity of
duvc|o' ont permitted in the 8/\P Az'u in m manner consistent with (u) the
Exis ' g Zoning and/or the Compreh;, sive Plan, (b) any zoning change
u'ooueody requested or initiated by m Developer Party in u000,duncc with
p1icmb\eprovisions o{law or (c)any zool'--change subsequently enacted bvthe
The expiration or termination of this &greern' t shall not be considered u waiver
of, or limitation upon, the hu6tu, including, "ct not limited to, any claims of
vested rights or equitable emLnppc|` ohtuhood o held by Developer Parties or its
Successors orassigns bocontinue development o the SAP Property inconformity
with Existing Zoning and all active prior and uuwaequootdcvn|opmcut permits or
development orders granted by the City.
Section 19. Annual Review.
(24493959;6) 15
SUBSTITUTED
(a) The City shall review the development that is subject to this Agreeme
every twelve (12) months, commencing twelve (12) months after the
Date, th, ough the expiration or termination of this Agreement,
develop nt right listed on pg. A1-9 of the Design Concept Boo
Occurs The City shall begin the review process by
Develop arties, a minimum of thirty (30) days prior to the a
the Agreeine t, of its intention to undertake the annual revie
(b)
(c)
Section 20.
(a)
once
ective
approved
whichever
g ng notice to
versary date of
his Agreement.
Any informal n required of Developer Parties during an nnual review shall be
limited to that cessary to determine the extent to whie' the Developer Parties is
proceeding in g d faith to comply with the terms ofb s Agreement.
If the City finds oi the basis of competent substan 1 evidence that the Developer
Parties have not roeeeded in good faith to omply with the terms of the
Agreement, the Cit may terminate or amend is Agreement after providing 30
days written notice ti Developer and after es ducting a public hearing.
Notices.
All notices, demands nd
hereunder shall, except as
delivered by personal s
Mail, return receipt reques
such as Federal Express, to
given pursuant to this A
actions required to be
States legal holidays afl b
succeeding day ther fter wh
To the City:
a copy to:
request which may or are required to be given
othe ise expressly provided, be in writing and
e sent by United States Registered or Certified
d .ostage prepaid, or by overnight express detivery,
e parties at the addresses listed below, Any notice
ent shall be deemed given when received. Any
reunder which fall on Saturday, Sunday, or United
e �eemed to be performed timely when taken on the
ich shall not be a Saturday, Sunday or legal holiday.
City anager
City • Miami
3500 American Drive
Miami, L33133
City Attorn y
City of Mia
Miami River *de Center
444 S.W. 2nd ve., 9th Floor
Miami, FL 331
Planning & Zonii Director
City of Miami
Miami Riverside C n
444 S.W. 2nd Avenu , 3rd Floor
Miami, FL 33130
{244 3959;61 16
Secti
und
0
SUBSTITUTED
To Developer Parties:
With copies
391" St. (Del.) LLC
40 District LLC
Ben Newton LLC
Cumberland Acquisitions, LLC
Dacra Design 4141 LLC
Dacra Design Associates (Del.
Dacra Design Moore (Del.)
FCAA, LLC
Half Circle Property (Del, LC
Lovely Rita Acquisitio LLC
McCrory Design Ass
McCrory Design B
MID-1 Lee, LLC
Monte Carlo ociates (Del.) LLC
Mosaic (Del. LC
Norwegial ood Acquisitions, LLC
Oak Pia Associates (Del.) LLC
Sweet ginia Acquisitions LLC
:: Craig Robins
41 NE 2" Avenue, Ste. 400
ami, FL 33137
a es (Del.) LLC
(Del.) LLC
Fh1er Holding Group, Inc.
Att John Petersen
421 NE 2"d Avenue, 2"d Floor
Miai ', FL 33137
Akerm Senterfitt
Attn: Ne sen O. Kasdin, Esq.
1 SE 3rd Avenue, 25'1' Floor
Miami, F 31
(b) ny Party to this Agreement may change s notification address(es) by providing
itten notification to the remaining partie pursuant to the terms and conditions
of this section.
Exclusive Venue
Choice o
aw S
ood and agreed by the parties hereto, that this Agree
e State of Florida, and any applicable federal law, both as
d that any action at law, suit in equity or judicial proceed
Agreement or any provision hereof shall be instituted only in th
federal courts and venue for any such actions shall lie exclu
jurisdiction in the County. In addition to any other legal rights,
{24483959;6} 17
Performance. It is mutually
ent shall be governed by the laws
o interpretation and performance,
ngs for the enforcement of this
courts of the State of Florida or
ively in a court of competent
he City and Developer Parties
SUBSTITUTED
NTED
shall each [lave the right to specific performance of this Agreement |ocourt. Each party shall
hcu, its own utUocnoy's fees. Each party waives any defense, vvhutbc, asserted by motion o
pleading, that the aforementioned courts are animproper minconvenient venue, Moreover, `n
parties consent to the personal jurisdiction Vfthe aforementioned courts and irrevocabiy ,^ive
any objections to said 'urisd«ction. The parties irrevocably waive an rights to u jury biu
or any part n[this Agreernm
action, Developer Parties a
Agreement to the extent allcN.
Section 23. No Oral Cha
appendices appended hereto ad
Agreement between the ourded
Supersedes any prior agreement
subject matter hereof, and nouhan
be effective unless such ohnmgu, nn
against whomenforcement ofthe o
cannot be changed or term inated oral
iance, Developer Parties and the City agree that in e event all
is struck down by judicial proceeding or preempted by legislative
the City shall continue to honor the terms and c, ditions of this
edbvlaw.
Section 24. Co
Agreement, throughout the Term of th's Agre
with all applicable federal, state or ioca laws,
administrative orders, permits, policies -, d
respective Parties' obligations and per
amended bnmdmck>time.
or Termination. This Agreemen
incorporated herein hvreference, i
with respect to the subject ma
or understandings between tb
e, modification or discharg
dification or discharge i
nge, modification or
iance with
ub
d the exhibits and
y, constitute the entire
ereof. This Agreement
parties with respect to the
ereof in whole or in part shall
iUnu and signed by the party
scharge is sought. This Agreement
ect to the terms and conditions of this
Developer Parties and City shall comply
u,rcgu|ut' codes, ordinances, resolutions,
coduno and nndrm that govern or ro|o10 to the
ance under this Agreement, all as they may be
Section 25. Representations, Rep,-sentat.ves
Agreement has been duly authori
legal, valid and binding obligati
of such pai
d. delipc
. Each party represents to the others that this
eduud executed by such party and constitutes the
, *n8ncvub|o in accordance with its terms,
800dou%6. No Bxduoiv6, °:medicm. No nu* udv or election given by any provision in this
/\groomoo1 obu|| be dee/ 'd exclusive uo1oau c�oreooy xn indicated. Wherever possible, the
remedies granted hereu, lei, upon a default of the other party shall be cumulative and in addition
to all other ,mnodieS . law orequity arising from `unb event n[default, except where otherwise
expressly provided
Section %7.
party topn
un|esoot"-
Agreen�
1 ailure to Exercise Rights not a Waivr: Waiver Provisions. The failure by any
ody exercise any right arising hereunder ^bd} not constitute u waiver of such right
�
shall constitute awaiver nfany subsequenteach of the same orany other provision
no waiver shall be effective unless made in w 'ting.
ction 28, Events of Default,
(a) Developer Parties shall be|ndefault under is Agreement if Developer Parties
fails to perform o, breaches any term(u), u*venant(s) or condition(s) of this
Agreement which is not cured within 30duyo ,fterreceipt ofwritten notice from
SUBSTITUTED
(b)
(c)
(d)
Section 29.
(a)
(b)
Section 30.
to any person
unenforceable,
persons or c
beaffect.
Sec
a)
the City specifying the nature of such breach; provided, however, that if su
breach cannot reasonably be cured within 30 days, then Developer shall not b n
default if it commences to cure such breach within 30days and dili ntly
prosecutes such cure to completion.
The City sha1 be in default under this Agreement if the City fails erform or
breaches any erm, covenant, or condition of this Agreement and ch failure is
not cured withi 30 days after receipt of written notice from the veloper Parties
specifying the nature of such breach; provided, however, such breach
cannot reasonably be cured within 30 days, the City shall '.t be in default if it
commences to c re such breach within 30days and diligen prosecutes such cure
to completion.
It shall not be a d fault under this Agreement ifeit'er party is declared bankrupt
by a court of comp tent jurisdiction. All rights a obligations in this Agreement
shall survive such b nkruptcy of either party. e parties hereby forfeit any right
to terminate this Agreement upon the bankru cy of the other party.
The default of a succesor or assignee o any portion of Developer Parties' rights
hereunder shall not be .emed a breac •y Developer Parties.
Remedies Upon Default
Neither party may termina Agreement upon the default of the other party,
but shall have all of the re es enumerated herein.
Upon the occurrence a de ult by a party to this Agreement not cured within
the applicable grace •eriod, D veloper Parties and the City agree that any party
may seek specifiperformanc of this Agreement, and that seeking specific
performance si not waive a y right of such party to also seek monetary
damages, inj ctive relief, or ay other relief other than termination of this
Agreement he City hereby ackn wledges that any claim for damages under this
Agreeme is not limited by sovere :n immunity or similar limitation of liability.
If any term or provisio
or cireurnstance shall, to any exten
.emainder of this Agreement o
u stances other than those as to which
reby and shall continue in full force and
. Assignment, Transfer, & Joinder.
of this Agreement or the application thereof
hereafter be determined to be invalid or
application of such term or provision to
it is held invalid or unenforceable shall not
effect.
This Agreement shall be binding on he Developer Parties and its heirs,
successors and assigns, including the suc essor to or assignee of any Property
Interest. The Developer Parties, at its sole iscretion, may assign, in whole or in
part, this Agreement or any of its rights and bligations hereunder, or may extend
the benefits of this Agreement, to any holde of a Property Interest without the
prior written consent or any other approval of City. Notice of any assignment
{24483959;6) 19
SUBSTITUTED
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 Agreemen
(b) A onal parties, whether affiliates or assignees of the Developer Partie an
unr ated third -party, may be added to this Agreement if the party add olds a
Prop rty Interest in the Miami Design District, as defined in p r Zoning
Ordinance 11000, more particularly SD-8. Any unrelated third -pa desiring to
join th- SAP must satisfy the Open Space, Civic Space, and parkir requirernents
requirei under the Miami 21 Code independent of the Open S , Civic Space,
and paring provided by the Developer Parties within the S Area, Said parties
may be added to this Agreement through the execution o a joinder form in the
form a a ied as Exhibit "D", which form shall be reco 4ed in the public records
of Miami- loade County. Such party shall be a Devel.4er Party, and such joinder
form shall be acknowledged under this Agreem t. Any rights conferred
hereunder to .n additional party are subject to Cit, Commission action approving
a zoning atia amendment designating the joi d property a part of the Miami
Design District etail Street SAP in compli e with any and all applicable laws
governing noticesuch action.
Section 32.
Obligations Sury v
any contrary term or provision co
Agreement, the following obligatio
and effect until the expiration of a
such termination or the expiration o
provisions contained herein; (ii) rights
prior to expiration or earlier terminatio
herein which expressly indicates ei
or may be applicable or effective b
Section 33. Lack of A
establishing an agency
Developer Parties nor
guests shall be deeme
purpose hereunder,
contractors, agen
affiliates.
Section 34.
d t
or e
g Termination
tained herein,
s shall sury
yea
the
0
and
of. Notwithstanding and prevailing over
he event of any lawful termination of this
e such termination and continue in full force
following the earlier of the effective date of
(i) the exclusive venue and choice of law
any party arising during or attributable to the period
ofthis Agreement, and (iii) any other term or provision
t survives the termination or expiration hereof or is
expiration or permitted early termination hereof,
Relationshi
re onship betwe
ernployees, agents
gents, instrumentaliti
he City, its contracto
mployees of Develo
oo era ion• Ex
•
edited Per
. Nothing contained herein shall be construed as
n the City and Developer Parties and neither
contractors, subsidiaries, divisions, affiliates or
s, employees, or contractors of the City for any
, agents, and employees shall not be deemed
r Parties or their subsidiaries, divisions or
a
d Time is of the Essence.
The Parties agree to cooperate with
pursuant to the terms and conditions
time is of the essence in all aspects of t
pursuant to this Agreement. The City
permitting and approval process in an
achieving its development and consl
accommodate requests from Develope
subcontractors for review of phased or m
(244839596 20
each other to the full extent practicable
this Agreement. The Parties agree that
eir respective and mutual responsibilities
hall use its best efforts to expedite the
effort to assist Developer Parties in
ion milestones. The City will
Parties' general contractor and
ltiple permitting packages, such as
SUBSTITUTED
those for excavation, site work and foundations, building shell, core, and interrs.
In addition, the City will designate an individual within the City Manager's ffice
who wi have a primary (though not exclusive) duty to serve as the City' soint of
contact knd liaison with Developer Parties in order to facilitate exp iting the
processin and issuance of all permit and license applications a approvals
across all of the various departments and offices of the City 'eh have the
authority o right to review and approve all applications for ch permits and
licenses.
(b) Notwithstanding the foregoing, the City shall not obligated to issue
development ermits to the extent a Developer do not comply with the
applicable req rements of the Existing Zoning, th Comprehensive Plan, this
Agreement and pplicable building codes.
Section 35. Enforcement.
In the event that Developer Parties, thei
accordance with the erms of the Existin
of said violation upon the subject pro
Enforcement of this A
violating, or attempting
prevailing party in any a
shall be entitled to recov
such sum as the Cot
attorney.
(c) This enforcemen
law, in equity o
Section 36. Amendme
amended or terminated its term except by
City. Prior to any an ndment or termination of
hold two public -arings before the City Co
amendment or ter nation.
cc ssors and/or assigns fail to act in
Zoning, the City shall seek enforcement
Y.
ement all be by action against any parties or person
vio -, any covenants set forth in this Agreement. The
suit pertaining to or arising out of this Agreement
addition to costs and disbursements allowed by law,
djudge to be reasonable for the services of his/her/its
be in addition to any other remedies available at
ual Consent. This Agreement may not be
utual agreement of Developer Parties and the
is Agreement during its term, the City shall
mission to consider and deliberate such
Section 37, hird Party Defense. City and Deve
expense, vorously defend any claims, suits or dema
challeng g the Agreement or the Project, or objecting
limita n, (i) a consistency challenge pursuant to Sectio
a p ion for writ of certiorari, (iii) an action for decla
o , damage, liability, or expense (including reasonable
rties shall promptly give the other written notice of any
per Parties shall, at their own cost and
ds brought against them by third parties
any aspect thereof, including, without
63.3215, Florida Statutes (NI 1), (ii)
a ory judgment, or (iv) any claims for
orneysfees). City and Developer
ch action, including those that are
pending or threatened, and all responses, filings, and pleading 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 nterest.
{24483959;6) 21
SUBSTITUTED
Section 39. No Third- . No persons or entities other than Developer Parties
and the City, their heirs, iermitted successors and assigns, shall have any rights whatsoever
under this Agreement.
Section 40. Counterparts. This Agreement may be executed in two or more counte
each of which shall constitute n original but all of which, when taken together, shall con i u e
one and the same agreement.
Section 41. Status. Upon reqwst from time to time by any Developer Party, or s successor
and/or assigns, or any mortgagee o any Developer Party or its successor and/or .sign, the City
shall deliver to such requesting par a letter stating whether the obligations such Developer
Party or its successor and/or assign u der this Agreement are current and in od standing and if
such is not the case, stating the partic lar manner in which such person's s1igations under this
Agreement are not current and in good anding.
NOW, THEREFORE, the City ant Developer Parties have aused this Agreement to be
duly executed.
[Signature blocks y and Devel. Parties]
(24483959;6) 22
SUBSTITUTED
IN WITN SS hereof the parties have caused this Agreement to be duly entered int
signed as of the d te written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIA -D 46
39th St. (Del.) LLC
a Delaware limited liability c
MIAMI DESIGN DIST
ASSOCIA 1ES MANA
Delaware limited Iiabi
manager
By:
Print Na
Title.
y, by
,LLC,a
company, its
The foregoi:instrument was acknowledged besre me this day of
2012, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES ANAGER LLC, a Delaware limited Iiai1ity company, in its capacity as
manager of 39 Si. (Del.) LLC, a Delaware limited Iiabi1i com.an . He is personally known
to me or pro uced as iden ifioation.
My coi ission expires:
NOTARY PUBLIC, ate of Florida at -Large
Print Name:
{24483959;6} 23
SUBSTITUTED
IN WITNESS her of the parties have caused this Agreement to be duly entered into and
signed as of the date writtei above.
Witnesses:
40 District LLC
a Delaware limited liability company .y
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, L , a
Delaware limited liability co any, its
manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DAD )
The foregoing in •ument was acknowledged be ore me this day of
2012, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES M AGER LLC, a Delaware limited liability company, in its capacity as
manager of 40 D. rict LLC. He is personally known to m; or produced
as identification.
My comn ' sion expires:
NOTARY PUBLIC, tate of Florida at -Large
Print Name:
{24483959;6) 24
SUBSTITUTED
IN WITNESS hereof the par e ve caused this Agreement to be duly entered into an
signed as of the date written above.
Witnesses;
Ben Newton LLC
a Delaware limited liability co
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER,
Delaware limited liability
manager
1 By:
1
\Print Name:
Print Name: .t1 :
Print Name:
STATE OF FLORIDA
COUNTY OF MIAM[-DADE
P Y, bY
C, a
pany, its
The foregoing instr ent was acknowledged before me this day of
2012, by , as of MIAM DESIGN DISTRICT
ASSOCIATES MANA R LLC, a Delaware limited liability compan in its capacity as
manager of Ben NewNew,n LLC, He is personally known to me or produ
as identification.
My commissi expires:
NOTARY PUBLIC, State of Flo
Print Name:
(24483959;6) 25
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered into an
signed as of the date written above.
Cumberland Acquisitions, LLC
a Delaware limited liability comp.. y
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, C, a
Delaware limited liability pany, its
manager
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DAD )
\ By: \
Print Name:
Title:
The foregoing inst invent was acknowledged before me t is day of
2012, by , as of M MI DESIGN DISTRICT
ASSOCIATES MAN GER LLC, a Delaware limited liability cot any, in its capacity as
manager of Cumbe and Acquisitions, LLC. He is personally know to me or produced
as identification.
My commis '•n expires:
(24483959;6)
NOTARY PUBLIC, State of P4orida at -Large
Print Name:
26
SUBSTITUTED
IN WITNESS hereof the arties have caused this Agreement to be duly entered into an
signed as of the date written abov
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Dacra Design 4141 LLC
a Delaware limited liability c
DACRA 4141 MANAGING
INC., a Florida corporation,
member.
y, by
BER,
managing
By:
Print Name:
Title:
The foregoing iris u ent was acknowledged befor me this day of
2012, by , as of DACRA 4141 MANAGING
MEMBER, INC., a F • icla corporation, on behalf of that corp ration in its capacity as managing
member of Dacra riesign 4141 LLC, a Delaware limited liability company, on behalf of that
company. He is .ersonally known to me or who produced as
identification.
My comas on expires:
NOTARY PUBLIC, State ifFlorida at -Large
Print Name:
(24483959;G) 27
SUBSTITUTED
IN WITNESS hereoftie parties have caused this Agreement to be duly entered into
signed as of the date written aIve.
Dacra Design Associates (Del.) C
\\
a Delaware limited liability co any, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGE LLC, a
Delaware limited Iiabi1i o pany, its
manager
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Print Name
Title:
The foregoing instr lent was acknowledged before me tIis day of
2012, by , as of MI MI DESIGN DISTRICT
ASSOCIATES MAN ER LLC, a Delaware limited liability eomny, in its capacity as
manager of Dacra D ign Associates (Del.) LLC, who is personally k own to me or who
produced as identification.
My commissi expires:
NOTARY PUBLIC, State o Flo at -Large
Print Name:
i24483959,61 28
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written ab ve.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-D
Dacra Design Moore (Del.) LLC
a Delaware limited liability comp
MIAMI DESIGN DISTRICT
ASSOCIA FES MANAGER, C, a
Delaware limited liability c pany, its
manager
By:
Print Name:
Title:
The foregoing s rument was acknowledged before me this day of
2012, by as ofM1AM ESIGN DISTRICT
ASSOCIATES M AGER, LLC, a Delaware limited liability company, in its capacity as
manager of Da Design Moore (Del.) LLC, who is personally known to e or who produced
as identification.
My corn ission expires:
NOTARY PUBLIC, State of Florida a Large
Print Name:
{24483959,6) 29
SUBSTITUTED
IN WITNESS hereof the parties slave caused this Agreement to be duly entered into
signed as of the date written above,
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIA R ADE )
FCAA, LLC
a Delaware limited liability c : pany, by
MIAMI DESIGN DISTRI
ASSOCIATES MANA R, LLC, a
Delaware limited liab' ty company, its
manager
By:
Print N- e:
Ti
The fore_ : ing instrument was acknowledged before me this day of
2012, by , as of IAMI DESIGN DISTRICT
ASSOCIAT MANAGER, LLC, a Delaware limited liability company, in its capacity as
manager •.' FCAA, LLC. He is personally known to me or produ d
as identification.
M commission expires:
{24483959;6)
NOTARY PUBLIC, State o Florida at -Large
Print Name:
30
SUBSTITUTED
IN WITNESS hereof the parties hae caused this Agreement to be duly entered into
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-D
Half Circle Property (Del.)
a Delaware limited liability coiy, by
MIAMI DESIGN DISTRICT
ASSOCIA IES MANAGE LLC, a
Delaware limited liabili company, its
manager
\VY:
Pint Nam
Ti e:
The foregoing strument was acknowledged before me thi day of
2012, by , as of M I DESIGN DISTRICT
ASSOCIATES M AGER, LLC, a Delaware limited liability com any, in its capacity as
manager of Hal e Property (Del.) LLC. He is personally known o me or produced
as identification.
My c
011 xpires:
NOTARY PUBLIC, da at -Large
Print Name:
{24483959,6) 31
SUBSTITUTED
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
Lovely Rita Acquisitions, LLC
a Delaware limited liability comp
MDDA SWEET BIRD MANAG
Delaware limited liability co
manager
, by
, LLC,
y, its
By:
Print Name:
Title:
The foregoing instrui nt was acknowledged be
2012, by , as
MANAGER LLC, a Del are limited liability company,
Rita Acquisitions, LLP He is personally known to me or p
as identification.
ne this day of
of MDDA SWEET BIRD
its capacity as manager of Lovely
duced
My commissionexpires:
NOTARY PUBLIC,
Print Name:
(24483959;6) 32
ate of Florida at -Large
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered i
signed as of the date written above,
McCrory Design Associates
Delaware limited liability c
Witnesses:
Pra tName:
Print Name: Title.
Print Name;
STATE OF FLORIDA
COUNTY OF MIAM1-DADE
eL) LLC
pany
The foregoing instru was acknowledged before me this day of
2012, by , as of McCrory esign Associates
(Del,) LLC, who is pe s al y known to me or who produced
as identification.
My commission p res;
NOTARY PUBLIC, State of Florid at arge
Print Name:
{24483959,6) 33
SUBSTITUTED
TN WITNESS hereof the parties have caused this Agreement to be duly entered into
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
McCrory Design Buick (Del.) L C
a Delaware limited liability co .any
By:
Print Name:
Title:
The foregoing instrument as acknowledged before rn this day of ,
2012, by , as of eCrory Design Buick (Del.)
LLC, who is personally know e or who produced as
identification.
My commission expire
NOTARY PLJBLJC, Sta e o Florida at -Large
Print Name:
i24483959:6) 34
SUBSTITUTED
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 MlAM -D
The foregoii
2012, by
ASSOCIATES
manager of
MDDA Garage LLC
a Delaware limited liability compan
MIAMI DESIGN DISTRICT
\ASSOCIATES MANAGER,
Delaware limited liability co
manager
Y:
Pr vt Name:
Tit
strument was acknowledged before me this
as of MIA
ANAGER, LLC, a Delaware limited liability compa
A Garage LLC. He is personally known to me or pro
as identification.
My co mission expires:
NOTARY P
Print Name:
{24483959,6) 35
, a
pany, its
by
day of
DESIGN DISTRICT
, in its capacity as
cecl
rge
SUBSTITUTED
1
IN WITNESS hereof the parties have caused this Agreement to be duly entered into a
signed as of the date written above. I
i� MID -I Lee, LLC
a Delaware limited liability com :any, by
MIAMI DESIGN DISTRICT
1 ASSOCIATES MANAGE , LLC, a
Delaware limited liabili ompany, its
manager
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-D
The foregoin
2012, by
ASSOCIATES
manager of M
Print Nam
Title
nstrument was acknowledged before me thi
, as of MI
NAGER, LLC, a Delaware limited liability co
-I Lee, LLC. He is personally known to me or pro
as identification.
My col fission expires:
(24483959:6)
day of
MI DESIGN DISTRICT
any, in its capacity as
uced
NOTARY PUBLIC, State
Print Name:
36
f Florida at -Large
SUBSTITUTED
IN WITNESS hereof the parties have caused this A ee ent to be duly entered into an
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIA I-D
Moute arlo Associates (Del.
a Dela are limited liability co y, by
MIAM DESIGN DISTRICT
ASSOc4IATES MANAGE LLC, a
Delaware limited liability ompany, its
manage
By:
Print N
Title:
The foregoin; instrument was acknowledged before t e this day of
2012, by , as sfMIAMI DESIGN DISTRICT
ASSOCIATES ANAGER LLC, a Delaware limited liabili company, in its capacity as
manager of nte Carlo Associates (Del.) LLC. He is perso ally known to me or produced
as identification.
My co mission expires:
24483959;6}
NOTARY PUBL C, State of Florida at -Large
Print Name:
37
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly executeu a,
signed as of the date written above.
Witness:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-D
Moonlight Mile Acquisition
Delaware limited liability c
MIAMI DESIGN DISTR
ASSOCIATES MANA
Delaware limited liabi com
manager
C, a
a y, by
C, a
any, its
By:
Print N
Ti
'The foregoing struinent was acknowledged befor- me this day of
2012, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES NAGER LLC, a Delaware limited li sility company, in its capacity as
manager of Mo light Mile Acquisitions, LLC. He is ersona11y known to me or produced
as identification.
My con i ission expires:
24483959;6}
/ Print Name:
38
TARY PUBLIC, State of Florida at -large
SUBSTITUTED
IN WITNESS hereof the parties have caused this Agreement to be duly entered
signed as of the date written above.
Witnesses:
Print Name;
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DA
The foregoing
2012, by
ASSOCIATES M AGER LLC, a
Mosaic (Del.) L He is personally
as icientificatio
My coiiirn,sioii expires:
Mosaic (Del.) LLC
a Delaware limited liability
MIAMI DESIGN DISTR
ASSOCIATES MANA
Delaware limited liab'
manager
By:
Print Na
Title
(npany, by
LLC, a
company, its
owledged before me this day of
of MIAMI DESIGN DISTRICT
in ited liability company, in its capacity as manager of
own to me or produced
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24483959;6} 39
SUBSTITUTED
IN WI ESS hereof the parties have caused this Agreement to be duly entered into/and
signed as oftlie te written above.
Norwegian Wood Acquisition; LLC
a Delaware limited liability co/iftpany, by
MDDA SWEET BIRD MAAGER, LLC, a
Delaware limited liability, ,ompany, its
manager
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Print Name:
Title:
The foregoing instrument wa acknowledged before me this of
2012, by , as of MDDA SWE `i BIRD
MANAGER LLC, a Delaware lin ted liability company, in its capacity as man of
Norwegian Wood Acquisitions, LC. He is personally known to me or produced
as identification.
My commission expires:
124483959,6}
NOTARY PUBLIC, State of Florida at -Large
Print Name:
40
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into ap1
signed s oft date written above,
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Oak Plaza Associates (Del.) LLC /
a Delaware limited liability comp,ny, by
MIAMI DESIGN DISTRICT /
ASSOCIATES MANAGER, LLC, a
Delaware limited liability coMpany, its
manager
By:
Print Name:
Title:
The foregoing instrument was no ledged before me this
2012, by as of MIA
ASSOCIATES MANAGER LLC, e aware limited liability company,
manager of Oak Plaza Associates el.) LLC. He is personally known to
as identification.
My commission expires: /
day of
SIGN DISTRICT
capacity as
produced
NOTARY PUBLIC, State of Florida at -Large
Print Name:
(24483959;6) 41
SUBSTITUTED
IN ITNESS hereof the parties have caused this Agreement to be duly enterelinto and
signed as of e date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Rocky Raccoon Acquisitions (Del.) LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited 1ia15ility company, its
manager
By:
Print Nam • :
Title:
The foregoing instrument ws acknowledged before me this day of
2012, by , as of MI I ESIGN DISTRICT
ASSOCIATES MANAGER, LL , a Delaware limited liability compan in its capacity as
manager of Rocky Raccoon Ac- uisitions (Del.) LLC. He is personally kn• n to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at-L
Print Name:
(24483959;6) 42
IN WITNE
as of the date
Witnesses:
Print Name:
Print Name:
SUBSTITUTED
hereofthe parties have caused this Agreement to be duly entered into and signed
en above.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sweet Virginia Acquisitions LLC
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, Up'
manager
By:
Print Name:
Title:
The foregoing instrument was ackno 1 d ed before me this ay of ,
2012, by , as of MIAMI DE GN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware/ united liability company, in it apacity as
manager of Sweet Virginia Acquisitions LL9. He is personally known to me or oduced
as identitication.
My commission expires:
NOTARY PUBLIC, State of Florida at -Large
Print Name:
{24483959;6 } 43
SUBSTITUTED
ESS hereof the parties have caused this Agreement to be duly entered into and
signed ofthe date written above,
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Flagler Holding Group, Inc.
a Florida for -profit corporation
By:
Print Name:
Title:
The foregoing2012, by , as Fthlaisday of
FlaglerHolding Group, Inc., who
instrument was acknowledged b'o
is personally known to me or who produced as identification.
My commission expires:
NOTARY PUBLIC, State of orida at -Large
Print Name:
{24483959;6
SUBSTITUTED
IN NESS hereof the parties have caused this Agreement to be duly entered into and
signed as o h date written above.
CITY OF MIAMI, a municipal corporatOn'
located within the State of Florida /
Witnesses:
By:
Johnny Martinez
City Manager
Print Name:
Print Name:
TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged befo day of
2012, by Johnny Martinez, in his capacity as City Mana:r, the municipal
corporation, who is personally known to me or who proueed as
identification.
My commission expires:
NOTARY PUBLIC,
/Print Name:
{24483959;6) 45
Florida at-
SUBSTITUTED
Exh
Legal Description of the Prope
47
Map #8:
SUBSTITUTED
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Buick
SUBJECT PROPERTY STR ET ADDRESS(ES);
SUBJECT PROPERTY LEGAL CRIPTION:
Map #9:
Tuttle South
Exhibit "A"
3841 NE 2' Avenue (Folio No. 01-3219-01 1-0100)
The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND
AMENDED PLAT OF MAGNOLIA PARK, acco clflig to the
Plat thereof, as recorded in Plat Book 5, at jae 25, of the
Public Records of Miami -Dade County, Flo ' , together with
that certain twelve -foot strip of land Iytng adjacent to and
immediately East of the above-d ibed property, said
twelve -foot strip having for its Easly boundary the Florida
East Coast Railroad right-of-way.
SUBJECT PROPERTY STREET ADDRESS(ES): 3725 Biscayne Boulevard olio No. 01-3219-045-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
124375324;3}
p
Pu
act A of VIA TUTTLE SUBDIVISION, according to the
hereof, as reco ed in Plat Book 163, at Page 59, of the
'c Records of iami-Dade County, Florida,
e So 3725 Biscayne Blvd.
formerly ribed as:
Lot 32, Js that part in Biscayne Boulevard, and Lots 33
through/ 6, L the West 6 feet thereof, MAGNOLIA PARK,
2I41) 0,1IEND PLAT THEREOF, according to the Plat
ther 'of, as recor d in Plat Book 5, at Page 25, of the Public
Ra ords of Miami de County, Florida;
/AND
Lots 33, 35 and 37, of BUENA VISTA BISCAYNE
BADGER CLUB SUBI VISION, according to the Plat
thereof, as recorded in Plat ook I, at Page 115, of the Public
Records of Miami -Dade Cou y, Florida;
AND
The North 34,88 feet of Lot
BISCAYNE BADGER CLUB SU
the Plat thereof, as recorded in Plat B
Public Records of Miami -Dade Coun
AND
of BUENA VISTA
VISION, according to
k I, at Page 115, of the
lorida;
The East one foot of the West 6 feet of Lot ', MAGNOLIA
PARK, 2141) AMENDED PLAT THEREOF, a ording to the
Note: Ali Map # references relate to Pg. A1.4 and A1,5 of the Miami Design District Retail Street Speci
Area Plan Design Concept Book.
Map #10:
SUBSTITUTED
AMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Tt le North
Exhibit "A"
Plat thereof, as recorded in Plat Book 5, at Page 25, of the
Public Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET DDRESS(ES): 299 NE 38th Street (Folio No. 01-3219-011-03 )
SUBJECT PROPERTY LEGAL DE RumoN:
Map #11:
Norwegian Woo
Lots 37, 38 and 39, SECOND AME4DED PLAT OF
MAGNOLIA PARK, less right of way oJiscayne Boulevard,
according to the plat thereof, as recoy ed in Plat Book 5, at
Page 25, of the Public Records 6f Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET ADDREss(Es): 92 NE 401H Street (Fo o No, 01-3124-027-0270)
SUBJECT PROPERTY LEGAL DESCRJPTION:
Map 412:
OTS 1, 2 ANDA, IN BLOCK 3, OF AMENDED PLAT OF
MERCIL BILTMORE, ACCORDING TO THE PLAT
T REOF,AS RECORDED IN PLAT BOOK 6, AT PAGE
132, OF ,tHE PUBLIC RECORDS OF MIAMI-DADE
CO TY FLORIDA.
/
SUBJECT PROPERTY STREET ADDRESS(ES) : 99 NE 39TH S
Casa/Lady Jane*
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324M
Lots 1 and 2 ,
the Plat thereof,
Public Records o
Folio No, 01-3124-029-0010)
k 1 of BILTMORE COURT, according to
recorded in Plat Book 7, Page 37, of the
ami-Dade County, Florida,
Note: All Map tt references relate to Pg. A1.4 and A1,5 of the Miami Design District Retail Street ecial
Area Plan Design Concept Book,
Map #13;
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Cumberland/JBL
SUBJECT PRO RTY STREET ADDRESS(ES):
SUBJECT PROPERTY EGAL DESCRIPTION:
i24375324;3
Exhibit "A"
100 NE 401hl Street (Folio No, 01-3124-028-01 ct0)
108 NE 40111 Street (Folio No. 01-3 124-030-0200)
101 NE 39'h Street (Folio No, 01-3124-030-9890)
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 BILTMOR/ COURT, according to the P1 st
thereof, as recorded in Plat Book 7, at Page 37 of the Public
Records of Miami -Dad County, Florida.
Parcel 3:
Unnumbered Lot x 100 feet East of Moore Parkway and
est of J.W. Wl1ece Tract, COMMERCIAL BILTMORE,
ding to th Plat thereof, as recorded in Plat Book 6, at
Pag 132, of he Public Records of Miami -Dade County,
Flor
Parcel 4:
Lot 12, ss t East 3 feet thereof, and Lot 13, in Block 1, of
MAG A OURT, according to the Plat thereof, as
reco d in Platook 6, at Page 105, of the Public Records of
Mia i-Dade Cou , Florida, less that part of said Lot 13
des ibed as follow
B ginning at the South
AGNOLIA COURT,
orded in Plat Book 6, at
jarni-Dade County, Florida,
outherly line of said Lot 13,
a point of curve; thence run
along the arc of a tangential curve
of Twenty -Five (25) feet and a cen
a distance of 12.52 feet to a point on
Lot 13; thence run Southwardly alon
said Lot 13 a distance of 3.07 feet to the
ly corner of Lot 13, Block 1, of
ding to the Plat thereof, as
age 105, of the Public Records of
hence run Eastward ly along the
a istance of Twelve (12) feet to
ardly and Northwestwardly
the right, having a radius
angle of 28°41'07" for
e Westerly line of said
e Westerly line of
f Beginning.
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Spec
Area Plan Design Concept Book.
SUBSTITUTED
MUM 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 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 Dani
SUBJECT PROPERTY STREET ADDRESS(ES): 119 NE 39'h Street (Folio No. 01-3124-030-0080)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 11 and the East 3 feet of Lot 12, in Block I of
AGNOLIA COURT, according to the Plat thereof as
ded in Plat Book 6, Page(s)'105, of the Public Records of
ia i-Dade County, Florida,
Map #15: Oak Plaza Collins
SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE 39IIISt FollO No. 01-3124-030-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 9 and the ly 12 feet of Lot 8, in Block 1, of
MAGNOLIA COO , according to the plat thereof, as
recorded in Plattlook Page 105, of the Public Records of
Miami -Dade Q6unty, Flo a.
Also know/as;
Lot 9 a9i the West 12 feet ofLot in Block 1, MAGNOLIA
COUI3ft, according to the plat th , as recorded in Plat
Bcof 6, at Page 105, of the Public -cords of Miami -Dade
Co nty, Florida.
Map #16: Oak Plaza Loggia
SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 39'1Street (Folio No, 01-3124-030-0050)
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3}
Lots 6, 7, and 8 (minus the Westerly 12 feet of Lot , in
Block 1, of MAGNOLIA COURT, according to the
thereof, as recorded in Plat Book 6, at Page 105, of the Pub
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,
SUBSTITUTED
IAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #1: La Verne
SUBJECT PROPERTY STR T ADDRESS(ES): 90 NE 39th St (Folio No. 01-3124-029-0130)
SUBJECT PROPERTY LEGAL
ESCRIPTION: 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.
Map #2: Elecktra
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{211375324,31
3801 NE 18' Avenue (Folio No. 01-3124-033-0120 & 0(-
3124-033-0100)
100 NE 39`h Street (Folio.No. 01-3124-030-0210)
5 NE 38t Street (Foli.d No. 01-3124-033-0110)
Lot1 and 22, LESS the West 13 feet of Lot 22, Block 1, of
CO ERCIAL BUENA VISTA, according to the Plat
thereo , s record.dd in Plat Book 14, at Page 56, of the Public
Records • Mia:�i-Dade County, Florida.
Parcel 12B:/
Lot "B" /of B TMORE COURT, according to the Plat
thereof/as recorde in Plat Book 7, at Page 37, of the Public
Records of Miami-D. •e County, Florida.
236e112C:
I of Lots 15, 16, 17, 19, 20 and 23, Block 1, of
COMMERCIAL BUENA ' STA, according to the Plat
thereof, as recorded in Plat Bo• 14, at Page 56, of the Public
Records of Miami -Dade County, orida.
Parcel 12D:
Lots 12 and 13, Block 2, of MAGNOLI COURT, according
to the Plat thereof, as recorded in Plat Boo 6, at Page 105, of
the Public Records of Miami -Dade County, ' orida,
Parcel 12E:
The West 13 feet of Lot 22, Block 1, of COM ERCIAL
BUENA VISTA, according to the Plat thereof as re ' rded in
Plat Book 14, Page(s) 56, of the Public Records of iami-
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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #3: Rothman
SUBJECT PROPER Y STREET ADDRESS(ES): 108 NE 3911' Street (Folio No. 01-3124-030-0200)
SUBJECT PROPERTY GAL DESCRIPTION: Lot 11, Block 2, of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at p€ige 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,/cording to the Plat
thereof, as recorded in Plat Book 6, El' Page 105, of the Public
Records of Miami -Dade County, 7lorida, created by Quit
Claim Deed Creating Perpetual Eement, filed September 3,
1985, in Official Records Book 1 6 4, at Page 676.
Map #4: Palm Lot
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324:3)
140 NE 39th St (Folio . 6/. 01-3124-030-0170)
Th West 50 feet Lot 1, and Lots 7 to 14, both inclusive,
and ots 24 to 3 , both inclusive, Block 1, COMMERCIAL
BUE VIST according to the Plat thereof, as recorded in
Plat Bo 14, . Page 56, of the Public Records of Miami -
Dade Cou ty loride.
Also kno
The W st 75 fee of Lot 1, less the East 25 feet thereof, and
Lots to 14, both elusive, and Lots 24 to 31, both inclusive,
Blo 1, COMMER IAL BUENA VISTA, according to the
Pl hereof, as recor. in Plat Book 14, at Page 56, of the
P blic Records ofMiani Dade County, Florida.
And
Parcel 10B:
Lots 8 and 9, Block 2, of MAGN IA COURT, according to
the plat thereof, as recorded in Plat 'ok 6, at Page 105, of the
Public Records of Miami -Dade Coun Florida.
Note: All Map ft references relate to Pg, A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book,
SUBSTITUTED
MIA1VII DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #5: Booth
SUBJECT PROPER Y STREET ADDRESS(ES): 3821 NE 1Court (Folio No. 01-3124-033-0010)
SUBJECT PROPERTY EGAL. DESCRIPTION: Parcel IA:
The East 100 feet of Lot 1, all of Lots 2 thro h 5, Block I,
COMMERCIAL BUENAVISTA, accordi to the Plat
thereof, as recorded in Plat Book 14, at Pa 56, of the Public
Records of Miami -Dade Qbunty, Florida.
Less: That portion thereof beginning t the Northeast corner
of Lot 1, Block 1, thence go West V feet, thence South 9.30
feet, thence East 0,82 feet, then South 61.44 feet, thence
East 3.8 feet to the East line, thhce 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 S -clal
Area Plan Design Concept Book,
SUBSTITUTED
AMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #6: Booth
SUBJECT PROPERT TREET ADDRESS(ES): 3821 NE Court (Folio No. 01-3124-033-0130)
SUBJECT PROPERTY L AL DESCRIPTION: Parcel IB:
Lots 33 through 36, inclusive, Block 1, COMMERCIAL
BUENA VISTA, according to the Plat thereofi'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, JNIEWTON SUBDIVISION,
according to the Plat thereof, at recorded in Plat Book 3, at
Page 126, of the Public records of Miami -Dade County,
Florida, thence run North 13&00 feet; thence West 46.50 feet;
thence South 137.00 feet;/thence East 46.50 feet to the Point
of Beginning,
•
s and Except:
A n of NE TON SUBDIVISION, according to the Plat
therf, s reco•ded in Plat Book 3, at Page 126, of the Public
Recoi of /iami-Dade County, Florida, and being more
particu escribed as follows:
Begin the Southeast corner of Lot 36, Block 1,
COM R& AL BUENA VISTA, according to the Plat
there , as re tied in Plat Book 14, at Page 56, of said Public
Re rds of a i-Dade County, Florida; thence South
8 46'20" East ng the Easterly projection of the South line
said Block 1, id line also being the North right-of-way
e of N.E. 38 Street as shown on said plat of
COMMERCIAL B NA VISTA for 46.50 feet to a point
being 146,40 feet W of the East line of said NEWTON
SUBDIVISION and as asured along a line parallel with the
centerline of said N,E, th Street as shown on said plat of
COMMERCIAL BUENA STA; thence South 00°00'35"
West for 25.00 feet to sais centerline of N.E. 38th Street;
thence North 89°46'20" We along said centerline of N.E.
381h Street for 46,50 feet to a sint on the West line of said
NEWTON SUBDIVISION; the ce North 00°00'18" East
along said West line of NEWTO 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 Sp cial
Area Plan Design Concept Book,
Map #7:
SUBSTITUTED
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Buena Vista
SUBJECT PROPERTY STR T A DDRESS(ES):
SUBJECT PROPERTY LEGAL ESCRIPTION:
{24375324;3)
Exhibit "A"
180 NE 39TH Street (Folio No. 01-3124-030-0100)
Lots I to 6, inclusive, and the East 25 feet of Lot 7, in BIk 2
of MAGNOLIA COURT, according to the Plat there f, as
recorded in Plat Book 6, at Page 105, of the Public Ree rds of
Miami- Dade County, Florida.
Beginning at the Southwest corner of Lot 3, in
MAGNOLIA COURT; thence run North along ti
of Lots 3, 2 and 1 of said Block 2, to the North
Lot 1, of said Block 2; thence run West 9 feet)6 the Northeast
comer of Lot 4, Block 2, of MAGNOLIA C ORT; thence run
South along the East side of Lot 4, Block , to the Southeast
comer of Lot 4 of said Block 2; thence r, n East 9 feet to the
Point of Beginning, being all that certain unnumbered Lot, 9
et wide by 93.45 feet deep, lying diketly West of Lots 1, 2
a • 3, of Block 2, MAGNOLIA CO,ORT, and directly East of
Lo 4, of said Block 2, according to the Plat thereof, as
reco ,ed in Plat Book 6, at Page/I05, of the Public Records of
Miami Dade County, Florida/
Lots I, 2, and 4, of NEVION'S SUBDIVISION, according
to the pia eof, as rec rded in P1at Book 3, at Page 126, of
the Public R ords of ' i-Dade County, Florida, less the
East 20 feet th
Begin at the No
SUBDIVISION
Plat Book 3, t Pag
Dade Coun , Florida;
70.9 feet; pence East
thence E01.‘t 46.4 feet; th
of begin ling,
Begi
CO
ac
•
at the Northeast
MERCIAL BUENA
ivision recorded in Plat Book
ecords of Miami -Dade County, F
eet; thence run South 9.3 feet; the
thence run South 61.44 feet; thence
East line of Lot 2 of said subdivision; th
to the point of beginning.
•
er
/ock 2, of
West ends
t corner of
of Lot 1, Block 1,
TA SUBDIVISION, a
, at Page 56, of the Public
ida, and run West 5.00
•un East 0.82 feet;
ast 3,8 feet to the
cc North 70.9 feet
Note: All Map # references relate to Pg. A1.4 and ALS of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
est corner of Lot 1, of NEWTON'S
ding to the Plat thereof, as recorded in
126, of the Public Records of Miami -
hence West 92.9 feet; thence South
.5 feet; thence South 112.00 feet;
run North 182.9 feet to the point
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT 1
Exhibit "A"
Map #8: Buick
SUBJECT PROPE STREET ADDRESS(130: 3841 NE 2Avenue (Folio No. 01-3219-011-0100)
SUBJECT PROPERTY GAL 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, Floridatogether with
that certain twelve -foot strip of land lyinkadjacent to and
immediately East of the above -described property, said
twelve -foot strip having for its Easterly hbundary the Florida
East Coast Railroad right-of-way. /
Map #9: Tuttle South /7
SUBJECT PROPERTY STREET ADDRESS(ES): 3725 Biscayne Boulevard (Folio o, 01-3219-045-0010)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Tra A of VIA TUTTLE S BDIVISION, according to the
plat t reof, as recorded in lat Book 163, at Page 59, of the
Public ords of Miami- ade County, Florida.
a/k/a - TuttJ outh — 3725 Biscayne Blvd.
formerly descri
Lot 32, less thq, pa in Biscayne Boulevard, and Lots 33
through 36, Ieithe W t 6 feet thereof, MAGNOLIA PARK,
2"0 AMEND PLAT HEREOF, according to the Plat
thereof, as ecorded in Plat ook 5, at Page 25, of the Public
Records tni-Dade Cou , Florida;
AND
33, 35 and 37, of BUENA VISTA BISCAYNE
ADGER CLUB SUBDIVISION, ac rding to the Plat
ereof, as recorded in Plat Book 1, at Pag 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, accor. g to
the Plat thereof, as recorded in Plat Book 1, at Page 115, o he
Public Records of Miami -Dade County, Florida;
AND
The East one foot of the West 6 feet of Lot 36, MAGNOLIA
PARK, 2 AMENDED PLAT THEREOF, according to the
{24375324;3)
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miaml Design District Retail Street Special
Area Plan Design Concept Book.
Map #10:
SUBSTITUTED
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Tm eNorth
SUBJECT PROPERTY STREET D ):
SUBJECT PROPERTY LEGAL DES T ON:
Map #11:
Norwegian Wood*
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #12:
Casa/Lady Jane*
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324;3 )
Exhibit "A"
Plat thereof, as recorded in Plat Book 5, at Page 25, cf the
Public Records of Miami -Dade County, Florida.
299 NE 386 Street (Folio No. 01-3219-011-03,30)
Lots 37, 38 and 39, SECOND AME$DED PLAT OF
MAGNOLIA PARK, less right of way opgiscayne Boulevard,
according to the plat thereof, as recor ed in Plat Book 5, at
Page 25, of the Public Records f Miami -Dade County,
Florida.
9 NE 40TH Street (Folio No 01-3124-027-0270)
LOT 1, 2 AND 3, IN OCK 3, OF AMENDED PLAT OF
CO 1 RCIAL BIL ORE, ACCORDING TO THE PLAT
THERE , AS RE bRDED IN PLAT BOOK 6, AT PAGE
132, OF HE P BLIC RECORDS OF MIAMI-DADE
COUNTY, 0 DA.
99 T" Street (Fol No. 01-3124-029-0010)
d 2 , Block 1 o TMORE COURT, according to
th Plat thereof, as recorde in Plat Book 7, Page 37, of the
blic Records ofMiami-Das County, Florida.
Note: All Map 0 references relate to Pg. A1.4 and A1,5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
SUBJECT PROPERTY LEGA DESCRIPTION: Parcel 1:
(24375324;3)
Map #13:
SUBSTITUTED
AMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Cwnberland/JBL
Exhibit "A"
SUBJECT PROPERT T E'T ADDRESS(ES): 100 NE 40Th Street (Folio No. 01-3124-028-0160)
108 NE 40Th Street (Folio No. 01-3124-030-0200) /
101 NE 3911' Street (Folio No. 01-3124-030-0890)
Lots 21, 22 and 23, of SECOND SECTION 126MMERCIAL
BILTMORE, according to the plat thereof, at recorded in Plat
Book 12, at Page 44, of the Public Re,coiras of Miami -Dade
County, Florida.
Parcel 2:
Lot "A", of BILTMORE COijRT, according to the Plst
thereof, as recorded in Plat Bopk 7, at Page 37 of the Public
Records of Miami -Dade Coup , Florida.
arcel 3:
Un umbered Lot 13 t100 feet East of Moore Parkway and
Wes of .W. Wally6e Tract, COMMERCIAL BILTMORE,
accor g to the Plat thereof, as recorded in Plat Book 6, at
Page of ti Public Records of Miami -Dade County,
Florida.
Parcel 4:
Lot 1 , less the st 3 feet thereof, and Lot 13, in Block 1, of
NOLIA Ce RT, according to the Plat thereof, as
rded in Plat Bo 6, at Page 105, of the Public Records of
ami-Dade County, lorida, less that part of said Lot 13
described as follows:
Beginning at the Southwe y corner of Lot 13, Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Pa. 105, of the Public Records of
Miami -Dade County, Florida; t nce run Eastwardly along the
Southerly line of said Lot 13, a d tance of Twelve (12) feet to
a point of curve; thence run West dly and Northwestwardly
along the arc of a tangential curve t. he right, having a radius
of Twenty -Five (25) feet and a centra. angle of 28°41'07" for
a distance of 12.52 feet to a point on th Westerly line of said
Lot 13; thence run Southwardly along e Westerly line of
said Lot 13 a distance of 3.07 feet to the Po 1 of Beginning.
Note: All Map # references relate to Pg. A1.4 and A1,5 of the Miami Design District Retail Street Spec
Area Plan Design Concept Book.
Map #14:
SUBSTITUTED
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Hale Danie
SUBJECT PROPERTY STREET ADDRESS(ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #15:
Oak Plaza Collins
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 pf
Miami -Dade County, Florida, created by Quick Claim Doed
granting Perpetual Easement, filed September 3, 1985', in
Official Records Book 12624, at Page 676.
119 NE 39th Street (Folio No. 01-3124-030-00'80)
Lot 11 and the East 3 feet of Lot/12, in Block 1 of
MAGNOLIA COURT, according to the Plat thereof as
orded in Plat Book 6, Page(s) 105< of the Public Records of
mi-Dade County, Florida.
SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE 39 tree
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #16:
Oak Plaza Loggia
SUBTECT PROPERTY STREET ADDRESS
Lots 9 and th
MAGNOLIA
recorded in P
Miami -Dad oun
Also kncy4'n as:
Fo 13 No. 01-3124-030-0060)
erly 12 feet of Lot 8, in Block 1, of
RT, according to the plat thereof, as
6, at Page 105, of the Public Records of
ty, orida.
ottarid the West 12 feet o ot 8, in Block 1, MAGNOLIA
CqCRT, according to the pia thereof, as recorded in Plat
ok 6, at Page 105, of the Put 'c Records of Miami -Dade
ty, Florida.
163 NE 39th Street (Folio No. 01-3124-030-
SUBJECT PROPERTY LEGAL DESC ION: Lots 6, 7, and 8 (minus the Westerly 12 feet Lot 8), in
Block 1, of MAGNOLIA COURT, according t the plat
thereof, as recorded in Plat Book 6, at Page 105, of Public
Records of Miami -Dade County, Florida.
(24375324;3)
Note: All Map it references relate to Pg. A1,4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
Map #19:
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #17: Oak Plaza KVA
SUBJECT PROPER STREET ADDRESS(ES): 150 NE 40th Street (Folio No, 01-3124-028-0080)
SUBJECT PROPER GAL DESCRIPTION; 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.
Map #18: Oak Plaza Twery
SUBJECT PROPERTY STREET ADDRESS(ES): 160 NE 40th Street (Folio No. 01-3124-028-0060)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lts 10, 11 and the East, feet feet of Lot 12, of SECOND
S TION, COMMERCIAL BILTMORE 1924, according to
the • t thereof, as record6d In Plat Book 12, at Page 44, of the
Publi ecords of Miardi-Dade County, Florida
Thomas Maier
SUBJECT PROPERTY STREET ADDRESS(ES): 170 NE 40th (Folio No. 01-3124-028-0040)
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 7 a7d 8, o COMMERCIAL BILTMORE SECOND
SECT19N, accordi to the Plat thereof, as recorded in Plat
Book , at Page 4 of the Public Records of Miami -Dade
Cou , Florida.
{24375324;3}
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Spe a
Area Plan Design Concept Book.
SUBSTITUTED
AMI D S GN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #20: Melin
SUBJECT PROPERTY S ET A DDRESS(ES): 3930 NE Avenue (Folio No. 01-3124-028-0010)
SUBJECT PROPERTY LEGA 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,
ES S
hose portions of Lots 1, 2 and 3, plock 1, MAGNOLIA
URT, according to the plat thereof, as recorded in Plat
Bo 6, at Page 105, of the Public Records of Miami -Dade
Cou , Florida, being more particularly described as follows:
The E t 10 feet of Lots 1, 2 and 3, and the external area of a
circular urve, contained wi in said Lot 3, concave to the
Northwe aving a radius f 25 feet and tangents which are
25 feet N of and pa17.11e1 with the centerline of N.E. 39'h
Street and 35 eet West/of and parallel with the centerline of
N,E, rd Avenu
AND LESS
Those portion of L. 1, 2 and 3, SECOND SECTION,
COMMERCAL BILT ORE 1924, according to the plat
thereof, as fecorded in P1. Book 12, at Page 44, of the Public
Records of Miami -Dade County, Florida, being more
partic rly described as folio :
Th East 2 feet of Lots 1, 2 ane and the external area of a
cular curve, contained within id Lot 3, concave to the
outhwest having a radius of 25 f and tangents which are
33 feet South of and parallel with th centerline of N.E. 40'
Street and 35 feet West of and parallel ith the centerline of
N.E. rj 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.
SUBSTITUTED
AMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #21:
SUBJECT PROPERTY
Exhibit "A"
Newton
ADDRESKES): 201 NE 39'h Street (Folio No. 01-3129-012-0010)
SUBJECT PROPERTY LEGADS TION: 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 Cotinty,
Florida.
Map #22, #28, #29, #30, #31, #32, #33, 4: Asi-Casa*
SUBJECT PROPERTY STREET ADDRESS(E :
SUBJECT PROPERTY LEGAL DESCRIPTION:
(24375324;3)
60 11\TE 41" Street (Folio No.
56 NE 411Street (Folio No.
42 NE 41" Street (Folio No.
4 NE 41°' Street (Folio No.
NE 41° Street (Folio No.
E 413t Street (Folio No.
80 41m Street (Folio No
81 N 40111 Street (Folio No.
Parcel 1:
Lots 4, 5, 6,
Plat thereof,
Public Records
Parcel 2:
01-3124-024-1390)
01-3124-024-1400)
01-3124-024-1410)
01-3124-024-1420)
01-3 124424-1360)
01-3 124-024-1370)
. 01- 424-024-1380)
0 124-027-0130)
and 8, 9ck 9, of BILTMORE, according to
orded in Plat Book 6, at Page 67, of the
Mi6i-Dade County, Florida.
Lots 1, 2, aijd 3, Blot 9, of BILTMORE, according to the
Plat thereof, as recorde in Plat Book 6, at Page 67, of the
Public Re, ords of Mien.' ade County, Florida.
Parc :
5, 6, and 7, Block 2, of MERCIAL BILTMORE
ENDED, according to the Pia hereof, as recorded in Plat
/ook 6, at Page 67, on the Publi4 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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #23: Satin*
SUBJECT PROPER STREET ADDRESS(ES): 95 NE 40TH Street (Folio No. 01-3124-027-0120)
SUBJECT PROPERTY L GAL DESCRIPTION: Lots 1, 2, 3 and 4 of Block 2, of Commercial Biltmore:
Amended, according to the Plat thereof, as recorded in Pla(
Book 6, at page 132, of the Public Records of Miami -Dade
County, Florida.
Map #24: Rosen
SUBJECT PROPERTY STREET ADD 151 NE 4011' Street (Folio No. 01-3 124-027-0060/
SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 13 and 14, Block 1 of AME1'6ED PLAT OF
COMMERCIAL BILTMORE, accordingAo the Plat thereof,
as recorded in Plat Book 6, at Page 132,/Of the Public Records
iami-Dade County, Florida.
Map #25: Mosaic/Chatham
SUBJECT PROPERTY STREET ADDRESS(ES): 155 NE lh Street (Folio No.
SUBJECT PROPERTY LEGAL DESCREPTION: Parcel 3A:
{24375324;3}
7-0040)
Lots 8, 9, 10, 1 and 12, Block 1, of AMENDED PLAT OF
COMMERC1AL ORE, according to the plat thereof,
as recorded in PJa 1 ok 6, at Page 132, of the Public Records
of Miami e County, Florida.
Note: All Map 14 references relate to Pg. A1,4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #26, #2
Exhibit "A"
5 #41, & #42: Moore — Garden Lounge / Moore Building / Moore 140 /
Moore 77 / Moore 115
SUBJECT PR0P13R STREET ADDRESS(ES): 175 NE 40' Street ((JL) (Folio No. 01-3124-025-0020)
4040 NE 2'd Avenue (Folio No. 01-3124-027-0020)
140 NE 41°1 Street (lot) (Folio No. 01-3124-024-1500) ,
77 NE 41°' Street (lot) (Folio No. 01-3124-024-1340)
115 NE 41" Street (lot) (Folio No. 01-3124-024-1150),
SUBJECT PROPERTY LEGAL) CRJPTION; Parcel 9A:
Lots 3, 5, 6 and 7, of AMENDED PLAT OF AYORTION OF
BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE DED PLAT OF
COMMERCIAL BILTMORE SUBD1V11ON, according to
the Plat thereof,as recorded in Plat Book 5, at Page 55, of the
Public Records of Miami -Dade County/ lortda.
Parcel 9B:
s 1, 2 and 8, in Block 10, of TMORE, according to the
Pia hereof, as recorded in P t Book 6, at Page 67, of the
Publi. ecords of Miami -Da e County, Florida.
Parcel 9
Lots 2, 3 a • 4, in Ilock 1, of AMENDED PLAT OF
COMMERCI BII.,TMORE 1921, according to the Plat
thereof, as recot (in Plat Book 6, at Page 132, of the Public
Records ofMiam ade County, Florida.
Parcel 9D:
Lots 3 and in Block 7, o ILTMORE, according to the Plat
thereof, a recorded in Plat ok 6, at Page 67, of the Public
Records i-Dade Coun Florida.
Parc 9E:
Lo22 and the East 1/4 of Lot 21, in sok 8, of BILTMORE,
as6ording to the Plat thereof, as recor d in Plat Book 6, at
age 67, of the Public Records of mi-Dade County,
Florida.
{24375324;3)
Note: Al! Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book,
MIA
Map #36:
SUBJECT PROPER
SUBJECT PROPERTY
SUBSTITUTED
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
osaic (Lot)
T ADDRESS(ES):
EL 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 D EscRwrioN:
(2.4375324;3)
Exhibit "A"
144 NE 41'1 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 40 Street (lot)
ot 6, in Block 10, of BILTMORE SUBDIVISIONVaccording
the Plat thereof, as recorded in Plat Book 6, ePage 67, of
Public Records of Miami -Dade County, Floylda.
158 NE 4 (Folio No. 01-312
Lot 5 and the est 2
SUBDIVISION, GO r
Plat Book 6, at Pa
County, Florida, Ex
West 20 feet of Lot 4:
Lot 4, Block
SUBDIVISION; thenc
for a distance of 20
line of said Lot 4
Southwesterly a19fig a
of 20 feet thro gh a central ang
distance of 31 2 feet to the Point
024-1470)
0 feet of Lp 4, Block 10, BILTMORE
ding to t Plat thereof, a.s recorded in
67, of ti Public Records, Miami -Dade
ing erefrom the following part of the
at the Southwest corner of said
sf the aforesaid BILTMORE
a. along the South line of said Lot 4
et; the e North parallel with the West
a distans* of 20 feet to a point; thence
tangent c ular curve having a radius
of 90 degrees for an arc
eginning.
Note; All Map ft references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book.
SUBSTITUTED
S GN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Map #39 & #40: Asi-Melaleuca
SUBJECT PROPER TREET ADDRESS(ES);
SUBJECT PROPERTY LEO DESCRIPTION:
Map #43:
Scarlet Beg ia
SUBJECT PROPERTY STREET ADDRES
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #44: FCAA
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324;3}
Exhibit "A"
53 NE 41 Wr Street (Folio No. 01-3124-024-1320)
61 NE 41'IStreet (Folio No. 01-3124-024-1330) /
to the Plat thereof, as recorded inIat Book 6, at
Lots 19, 20 and West 1/2 of Lot 21, Block 8, o703ILTMORE,
according
Page 67, of the Public Records of MianSi-Dade County,
Florida,
135 NE 4 VT Street (Folio No, 01-3124-024-1160)
Lot 5, Block 7, of BILTMO SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami-D,de County, Florida.
150 42" Street Folio No. 01-3124-024-1550)
The West 25 fet of that certain tract of land in the city of
Miami bou e on the North by N.E. 42" Street, on the South
by N.E. 41' eet, on the East by N.E. Second Avenue and on
the West y East lines of Lots 5 and 6, Block 7,
BILTMO , a division shown by plat of record in Miami-
DadeC. , in P Book 6, at Page 67.
Also no as:
A .ortion of the West
et East and West and
directly East of and adjoin
BILTMORE, according to the
Book 6, at Page 67, of the Pu
County, Florida, of said Plat
HOME, said Lot lying in the So
the SE 1/2 of section 24-53-41.
2 eet o that certain Lot of Land, 432
4,6 feet North and South, lying
Lots 5 and 6, Block 7, of
thereof, as recorded in Plat
*c Records of Miami -Dade
n as Z.T. MERRITT
corner of the NE 1/2 of
Note: All Map ti references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Street Special
Area Plan Design Concept Book,
Map #45;
SUBSTITUTED
AMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
4100/Lee*
SUBJECT PROPERTY ST T ADD
SUBJECT PROPERTY LEGA
Map #46:
4141
Exhibit "A"
4100 NE 2" Avenue (Folio No. 01-3124-024-1560)
4200 NE 2'd Avenue (lot) (Folio No. 01-3124-024-0930)
R TION: Parcel 4A:
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
{24375324,3}
The East 107 feet of that certain tract of land 432 feet East and
West by 204.6 feet North and South, lying directly Est of and
adjoining Lots 5 and 6, in Block 7, of BILTMORF/according
to the Plat thereof, as recorded in Plat Book 6, at/Page 67, of
the Public Records of Miami -Dade County, FloYda.
Together with nonexclusive easement oingress, egress,
parking and construction and maintenane of a pedestrian
bridge as set forth in that Reciprocal Biidge Easement and
'king Agreement, dated July 20, 198,8, and recorded August
988, in Official Records Book 137 '69, at Page 2966, of the
/Pu ic Records of Miami -Dade Cou • ty, Florida.
Parce B:
Lot 1, les the East 5 feet ereof, Block 6, of BILTMORE,
according the Plat the • f, as recorded in Plat Book 6, at
Page 67, o the Public Records of Miami -Dade County,
Florida.
4141 NE 2'A enue (Fo *o No. 01-3219-009-0010)
Tract A an
BLOCKS
accordi
Page 6
form
1, o
Tract 1, REV
2, 3, 8, 9, 10,
he plat thereof,
of the Public Records
.ly known as Tract "A" and
BRENTWOOD, according to
Book 40, Page 66, of the Pu
ade County, Florida.
D PLAT OF TRACT "A" AND
AND 12 OF BRENTWOOD,
recorded in Plat Book 44,
iami-Dade County, Florida,
1, 2, 3, 4 and 5, Block
plat thereof as recorded
c Records of Miami -
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.
SUBSTITUTED
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN
DEVELOPMENT AGREEMENT
Exhibit "A"
Map #47: 4200*
SUBJECT PROPERTY ET ADDRESS(ES): 4200 NE 2" Avenue (lot) (Folio No. 01-3124-024-0930
SUBJECT PROPERTY LEG DESCRIPTION: Parcel 4B:
Lot I, less the East 5 feet thereof, Block 6, of BILTMORE,
according to the Plat thereof, as recorded ityPlat Book 6, at
Page 67, of the Public Records of Miaini-Dade County,
Florida.
Map #48: Flagler
SUBJECT PROPERTY STREET ADDRESS(ES); 4218 NE 2' Avenue (Folio No/61-3124-024-0940)
/
SUBJECT PROPERTY LEGAL DESCRIPTION: L 2, 3 and 24, Block 6, EMTMORE, according to the Plat
the , as recorded in Pl)af Book 6, at Page 67, of the Public
Reco of Miami-Dade/County, Florida.
Map #49: 4240
SUBJECT PROPERTY STREET ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
Map #50: City Garage*
4240 NE 2
e e (Folio No. 01-3124-024-0950)
Lot 4, le he East thereof, in Block 6, BILTMORE,
accordin to the Plat th eof, as recorded in Plat Book 6, at
Page ij, of the Public ecoids of Miami -Dade County,
Florid ,
SUBJECT PROPERTY STREET ADDRESS(ES): 3800 NE Is' Avenue (Folio No. 01-3124 -0240)
SUBJECT PROPERTY LEGAL DESCRIPTIO
Map #51: Sebastien
COMM BUENA VISTA PB 14-56 LOTS 2 l IJ 14 BLK 2
LOT SIZE 31521 SC) FT OR 21215-1039 040
SUBJECT PROPERTY STREET A DREss(Es): 35 NE38" Street (Folio No. 01-3124-033-0370)
SUBJECT PROPERTY LEGA
(24375324;3)
ESCRIPTION: 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,
SUBSTITUTED
SUBSTITUTED
Exhibit "B"
Miami Design 1 istrict Retail Street SAP Regulating Plan and Design Concept Book
{24483959;6) 47
SUBSTITUTED
Exhibit "C"
Retail Developer Party
Retail DeveloperP En ies:
40 District LLC
Cumberland Acquisitions L
Dacra Des' n Associates Del.
Dacra Design Moore (Del.) LLC
FCAA, LLC
McCro Desin Associates D
Moonlight Mile Acquisitions, LLC
Mosaic (Del.) LLC
MID -I Lee, LLC
Oak Plaza Associates (Del.) LLC
{24483959;6} 48
SUBSTITUTED
Exhibit "D"
ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
REEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
This : SSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT
AGREEMENT JO ER FORM ("Joinder Form") is executed this day of
, 20 the undersigned entity.
RECITALS
WHEREAS, the City as entered into a Development Agreement • :ted
20 and recorded in the pub records of Miami -Dade County, Book
, Page
("Development Agreem t") with certain Developer Parties as cj-fined therein; and
WHEREAS, the Developme Agreement secures certain be • efits and obligations for
the mutual benefit of the City and th Developer Parties, as set orth in the Development
Agreement; and
WHEREAS, the Development Agree ent allows joinde of additional parties, when
such additional party own any Property Intere in the Miami/ esign District as defined in the
prior Zoning Ordinance 11000, more particular SD-8 de6ribed in "Exhibit attached
hereto; and
WHEREAS, the Development Agreement re
this joinder form in order to become a party to the Dev
WHEREAS, the undersigned desires to enjo t
Parties under the Development Agreement, and i co
bound by the obligations imposed therein upon th Dev
'res that such additional party execute
1. •ment Agreement; and
he be
nsidera
eloper
efits conferred upon the Developer
n for such benefits agrees to be
P. ies; and
NOW THEREFORE, in consideratio of the benefits con : red upon any Developer by
the aforementioned Development Agreemen , and certifying that the bove recitals are true and
correct, and incorporating such recitals her n, the undersigned does h- -by execute this Joinder
Form and becomes a Developer Party puTant to the Development Agre- • ent.
The undersigned shall assume all of the benefits, and be bound, comply with, and
perform all of the obligations, as set orth in the Development Agreement anas applicable to
the Property Interest which the u dersigned owns upon the adoption of Zoning Atlas
amendment to Miami 21 designatin the Miami Design District Retail Street Spe••.1 Area Plan.
The undersigned shall be obligated to the City for the benefit of the City, and the Ci; shall have
all rights and remedies set forth/in the Development Agreement to enforce the te s of the
Development Agreement against the undersigned, to the extent applicable to the "'roperty
Interest owned by the undersigne
{24483959;6} 49
SUBSTITUTED
SIGNATURE PAGES TO FOLLOW
The undersign. • also hereby represents that it has full power and authority to pcecute this
Joinder Form, a • certifies to City that none of its owners or officers, nor ar immediate family
member of any o uch owners or officers, is also a member of any board.'tommission, or
agency of the City.
WITNESSES: [COMPANY/CORPO
By:
Print Name: Print Name.
Title:
TION NAME]
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowl9'ged be •re me this day of
2012, by /, the , a Florida limited liability
company / corporation, on behalf of 'fiat company,
, a Florida liml'ted liability com
person is (check one) [ ] personally kno
:as identification.
its capacity as of
ny, on behalf of that company; such
n to me or [ ] has produced
NOTARY PUBL , State of Florida
Print Name:
Commission No.:
My Commission Expi s:
{24483959;6} 50
SUBSTITUTED
The City e eby acknowledges and consents to the joinder of the above
Developer Party to he Development Agreement.
a
a
WITNESSES: CITY OF MIAMI, a m9 cipal corporation located
within the State of Flo ii'da
By:
Print Name: Johnny M nez
City M ager
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument w acknowledge4 before me this day of
2012, by Johnny Martinez, in his c pacity as City Ma ager, on behalf of that municipal
corporation; such person is (chec one) [ ] personally own to me or [] has produced
as identification.
NOTARY PUB
Print Name:
ate of Florida
Commission No.:
My Commission Expires:
{24463959;61 51
(24483959;6)
SUBSTITUTED
Exhibit "E"
of s. part from Buena Vista East Historic Nei' hborhood : ociation dated
52
Nave b
Rich Raim
President
Buena V
RE: Unde
Dear Rich,
We appreciate the time
11
rt
SUBSTITUTED
N Ighborhoorl Association
ncij pen Dacra and the BVEHNA
nd other members of your board iave taken to eet with us about the
development plans for n District.
Based upon those meetings,
those are outlined below, Wi
support our development plan
made some desi es to the plan with your guidance, and
incorporation of changes, the Associations have agreed to
oes through the AP and other entitlement healing processes.
Modifications to our plans shall Inc e
2,
3.
4.
5.
6,
7,
S.
Dacia agrees that there will not
along the NE 42ml 5t. facade of
The BVEHNA h not opposed to
Dacra will use its best efforts to
department store out to NE 42"`
Dacra will increase the setback
will set back the 2'4 floor a f
This set back area will includ
and instead include stagge
At the request of BVEHN
with BVEHNA to design
include a in= intenciv
DACRA will exceed an
relocation of trees to
DACRA will advocat
54Th St.
DACRA Ts supporti
thnoughtertthe
p ener as o
Deere will elimin
ouch side of the N
landscaping plan and
gulled tree mitigation a
he BVEHNA.
and assist BVEHNA with beaut
hsfoflo nig;
e entrance, nor any dumpster storage anywhere
elopment
ent store entrance on the NE 42'd St. facade, and
the future tenant to have an entrance from the
St. facade from 5 ft. to 10 ft at the L floor, and
e
andscape 11, We will remove water features from this wall
nt of the design,
park it was proposing and Instead will work
t, right-of-way (sidewalks and swale) to
meandering sidewalk 'layout.
p. ur development plan, with possible
efforts on N. Miami Avenue up to
he efforts of BVEHNA to have one ay streetsand partial closures
eighborhood.
AcknowIeded,
nn, Preside