HomeMy WebLinkAboutExhibit A - SUBTHIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL,
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT
This Instrument Was Prepared By,
Record and Return To:
Ryan D. Bailine, Esq.
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Suite 4400
Miami, Florida 33131
(Reserved)
AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN CITY OF MIAMI; FORBES
MIAMI NE 1ST AVENUE, LLC; MIAMI WORLDCENTER
HOLDINGS, LLC; AND AFFILIATES AND SUBSIDIARIES
OF MIAMI WORLDCENTER HOLDINGS, LLC,
INCLUDING PWV GROUP 1 HOLDINGS, LLC; MIAMI
I+IRST, LLC; MIAMI SECOND, LLC; MIAMI THIRD, LLC;
MIAMI FOURTH, LLC; AND MIAMI A/I, LLC,
REGARDING DEVELOPMENT OF THE MIAMI
WORLDCENTER MIXED -USE PROJECT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Amended
Agreement") is entered this day of 2015, by and between FORBES
MIAMI NE 1ST AVENUE, LLC, a Michigan limited liability company ("Forbes"); MIAMI
WORLDCENTER . HOLDINGS, LLC, a Delaware limited liability company, and the
undersigned affiliates and subsidiaries of MIAMI WORLDCENTER HOLDINGS, LLC,
(collectively, "MWC", and together with Forbes are hereinafter collectively referred to as
"Developer"), and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political
subdivision of the State of Florida ("City"). Hereinafter MWC, Forbes, and the City are
individually referred to as a "Party" and collectively referred to as the "Parties".
WITNESSETH:
WHEREAS, on or about November 13, 2008, the City Commission ("Commission")
approved the Rezoning of the parcels located in the City, generally bounded by NE 11 th Street on
the North, NE 6th Street on the South, NE 2" d Avenue on the East, and North Miami Avenue on
the West, ("MWC District") to SD-16.3 ("Existing Zoning") through Ordinance No. 13039, a
copy of which is attached as Exhibit "A" ("Rezoning");
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 1
08.010015da1 - EXHIBIT A - SUB
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
WHEREAS, on or about November 3, 2009, MWC and the City entered into that certain
Development Agreement ("Initial Agreement"), which was approved by the Commission on or
about November 13, 2008 through Resolution No. 08-0658, a copy of which is attached as
Exhibit "B" (collectively, "Approval Resolution");
WHEREAS, on or about May 20, 2010, the City implemented a new zoning ordinance
commonly referred to as "Miami 21," to which the Existing Zoning was incorporated as
Appendix "D";
WHEREAS, consistent with the Approval Resolution and the Rezoning, the City
remains committed to facilitating the (re)development of the MWC District with a large-scale
urban infill development to be completed in one or more phases, which development shall
include multiple public open spaces, enhanced pedestrian and vehicular circulation areas, and
enhanced access to mass transit facilities;
WHEREAS, since the time the Commission unanimously adopted the Approval
Resolution and the Rezoning, certain modifications and refinements to the master site plan and
development program for the Miami WorldCenter Mixed -Used Project ("Project") have been
made (collectively, "Refinements");
WHEREAS, the Developer contemplates that the Project, consistent with the
Refinements, will be developed substantially consistent with the Conceptual Site Plan attached
as Exhibit "C" ("Site Plan");
WHEREAS, a significant amount of public open space is being proposed by the
Developer in order to distinguish elements and components of the Project and substantially
increase the amount of public open space in the City's downtown core, to the benefit of the City;
WHEREAS, in order for the Developer to pursue approval of the Site Plan for the
Project, the Refinements must be approved by the Commission, which approval requires the City
to amend and restate the Initial Agreement, and modify the Regulations and Development
Standards as found in Appendix D of Miami 21 for the MWC District. The modified and
amended Regulations and Development Standards are attached as Exhibit "D" ("Development
Standards"). This Amended Agreement and the Development Standards are herein collectively
referred to as the "MWC District Regulations";
WHEREAS, upon approval by the Commission of the MWC District Regulations,
including all attachments and exhibits, the Developer intends to pursue approval of a Site Plan in
accordance with the Development Standards;
WHEREAS, MWC and Forbes each separately hold fee simple title to certain portions of
that certain assemblage of real property located in the MWC District, legal descriptions of which
are attached as Exhibit "E" (collectively, "Property");
WHEREAS, the Property is located within the Southeast Overtown Park West
Development of Regional Impact ("SEOPW DRI") and the Southeast Overtown Park West
Community Redevelopment Area ("CRA");
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 2
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WHEREAS, at the time the Approval Resolution and the Rezoning were approved, the
SEOPW DRI had insufficient Development Capacity ("Capacity") to accommodate the Project;
WHEREAS, on or about September 26, 2013, the SEOPW DRI was modified to include
additional Capacity to accommodate the Project, consistent with the Site Plan;
WHEREAS, on or about January 21, 2014, the State of Florida, specifically the
Department of Economic Opportunity ("DEO"), confirmed that Increment III was in full force
and effect;
WHEREAS, the lack of certainty with respect to the approval of a development of a size,
scale, and intensity similar to the Project can create a waste of economic and real property
resources, discourage capital improvement planning and financing, escalate the cost of
construction, and undermine private sector commitment to large-scale urban infill
(re)development;
WHEREAS, assurances to a developer that it can proceed in accordance with existing
laws and policies, subject to the conditions of a negotiated development agreement, strengthens
economic confidence in the public planning process, encourages sound capital improvement
planning and financing, assists in promoting the availability of adequate capital facilities for
development projects, encourages private sector participation in comprehensive planning, and
creates economic efficiencies with respect to development costs;
WHEREAS, pursuant to Ordinance No. adopted on or about
the Commission authorized the City Manager to execute this Amended Agreement on behalf of
the City, containing the terms, conditions, and obligations set forth below;
WHEREAS, the Managing Members or Boards of Directors of MWC and Forbes,
respectively, including their parent or controlling entities, have authorized the Developer to
execute this Amended Agreement containing the terms, conditions, and obligations set forth
below;
WHEREAS, the Parties mutually desire for the Property to be developed as shown on
the Site Plan attached as Exhibit "C" and in accordance with the Development Standards
attached as Exhibit "D", and also consistent with the terms, conditions, and mutual obligations
contained in this Amended Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, obligations, and
conditions hereinafter contained, the Parties mutually agree and bind themselves as detailed
below:
The above recitals are true and correct and are incorporated into and made a part of this
Amended Agreement by reference. Additionally, all attached exhibits shall be deemed adopted
and incorporated into this Amended Agreement; provided, however, that the terms of this
Amended Agreement shall be deemed to control in the event of a conflict between the exhibits
and this Amended Agreement. This Amended Agreement and all Exhibits attached hereto shall
amend, restate, replace, correct, and supersede the Initial Agreement together with the Exhibits
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 3
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attached thereto. In the event of a conflict between this Amended Agreement and the
Development Standards, the Development Standards shall control.
Section 1. Purpose and Intent of Amended Agreement.
(a) The Developer and the City intend for this Amended Agreement to be
construed and implemented so as to effectuate the purpose of this
Amended Agreement and the purpose and intent of the Florida Local
Government Development Agreement Act, Sections 163.3220 - 163.3243,
Florida Statutes (2014).
(b) This Amended Agreement will establish certain conditions which will
result in MWC providing Public Open Spaces (as hereinafter referenced)
to the City, and to establish, as of the Effective Date (as hereinafter
defined), the development regulations which will govern development of
the Project throughout the term of this Amended Agreement. This
Amended Agreement will provide the Parties with certainty during the
development process.
Section 2. Mutual Consideration. The Parties agree that the consideration and
obligations recited and provided for under this Amended Agreement collectively constitute
substantial benefits to both Parties and are, therefore, adequate consideration for this Amended
Agreement. This covenant shall be binding upon, and inure to, the benefit of the Parties,
including their successors, assigns, heirs, legal representatives, and personal representatives.
This provision shall survive the termination of this Amended Agreement.
Section 3. Construction of Amended Agreement.
For all purposes of this Amended Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) The singular shall include the plural, and words or terms in the plural shall
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 this Amended Agreement;
(e) The Parties agree that this Amended Agreement shall not be more or less
strictly construed against either; it being the intent of the Parties that the
City and the Developer, including their agents and attorneys, have
participated equally in the drafting of this Amended Agreement.
Section 4. Definitions.
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City Commission — First Reading — February 12, 2015 Page 4
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"Amended Agreement" means this Amended and Restated Development Agreement
between the City and the Developer.
"City" means the City of Miami, a municipal corporation and a political subdivision of
the State of Florida, together with all departments, agencies, and instrumentalities subject to the
jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan adopted by the City pursuant to
Chapter 163, Florida Statutes (2014), meeting the requirements of Section 163.3177, Florida
Statutes (2014), Section 163.3178, Florida Statutes (2014), and Section 163.3221(2), Florida
Statutes (2014), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"Effective Date" means the date of recordation of the executed version of this Amended
Agreement.
"Property Interest" means any interest or rights in real property or appurtenances of the
Property, including but not limited to, fee simple, leasehold, condominium, transferable
development rights or air rights, easements, and licenses, however acquired, including any
interests or rights in real property acquired through foreclosure, deed in lieu of foreclosure, or
any other realization on a security interest in real property. Without limiting the foregoing, a
Community Development District or a master property owners' association with appropriate
authority relating to one (1) or more of the properties comprising the Property shall be deemed to
hold a Property Interest.
"Public Facilities" means major capital improvements intended to be owned by the City
or a governmental agency, including but not limited to, transportation, sanitary sewer, solid
waste, drainage, potable water, educational, parks and recreational, streets, parking, and health
systems and facilities.
Section 5. Term and Effective Date. This Amended Agreement shall have a term of
Thirty (30) years beginning on the Effective Date. The term of this Amended Agreement may be
extended for successive Thirty (30) year periods by mutual consent of the City and the
Developer pursuant to Section 163.3229, Florida Statutes (2014), unless modified or terminated
by a written instrument executed by the Developer, including successors or assigns of the
Developer which own the Property or any portion thereof, which instrument has been approved
by the Commission after two (2) public hearings or any other legally required authority. This
Amended Agreement shall become effective on the Effective Date and shall constitute a
covenant running with the land.
Section 6. Permitted Development Uses and Building Intensities.
(a) MWC District Designation. The City has designated the area generally
bound by NE 11m Street on the North, NE 6th Street on the South, NE 2nd
Avenue on the East, and North Miami Avenue on the West as SD-16.3 on
the official zoning atlas of the City. As part of the Rezoning, the City
previously confirmed that the uses, intensities, and densities proposed for
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City Commission — First Reading — February 12, 2015 Page 5
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development within the Project are consistent with the uses, intensities,
and densities permitted in the Development Standards.
(b) Density, Intensity, Uses, and Building Heights.
(1) As of the Effective Date and pursuant to the MWC District
Regulations, the density permitted on the Property is Five
Hundred (500) units per acre. The development intensity
permitted on the Property has a base Floor Lot Ratio
("FLR") of 18. Any intensity above FLR of 18 is subject to
participation in or compliance with the Public Benefits
requirements contained in Article 3, Section 3.14 of Miami
21. The net lot area of all land owned by the Developer,
located in the MWC District, prior to dedications is 24 +/-
acres, or 1,045,440 +/- square feet.
(2) Non-residential uses permitted on the Property include, but
are not limited to the following: office, hotel, retail,
restaurant, entertainment, convention space, academic
space, vocational or similar educational space, one or more
culinary schools including training and ancillary facilities,
art galleries and studios, and any other uses permitted under
the MWC District Regulations and Miami 21.
(3)
The height for any development on the Properties shall be
regulated by the MWC District Regulations and the
Comprehensive Plan.
(4) Nothing herein shall prohibit an increase in the density or
intensity to the level of development permitted on the
Property in a manner consistent with (i) the MWC District
Regulations and the Comprehensive Plan, (ii) any zoning
change subsequently approved by the City Commission in
accordance with applicable provisions of law, or (iii) any
change to the Regulations, the City's zoning atlas, or future
amendments to Miami 21.
Section 7. Construction of Encroachments within City Owned Public Rights -of -Way.
The City finds that the construction of encroachments in, on, and above the public rights -of -way
will not unduly restrict the use of such public rights -of -way and is a necessary and essential
element in the future construction of pedestrian walkways or commercial uses in, above, or
below such public rights -of -way. The adoption of this Amended Agreement shall serve to
satisfy the requirements set forth in Section 55-14(b) of the City's Code of Ordinances ("Code").
Section 55-14(c) of the Code requires a payment of a user fee in connection with the construction
of the aforementioned encroachments into, above, and below public rights -of -way which MWC
shall be responsible for paying at the time prescribed in the Code. In consideration for
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authorizing the future construction of the aforementioned encroachments, MWC further
covenants to:
(a) Maintain any above -grade pedestrian walkways or similar above -grade
spaces and below -grade vehicular underpasses in accordance with the
Florida Building Code, the City Charter, the City Code, and any other
applicable federal, state, or local statutes, laws, rules, orders, or
regulations.
(b) Provide an insurance policy, in an amount reasonably determined by the
City's Risk Management Department, naming the City as an additional
insured for public liability and property damage. The insurance shall
remain in effect for as long as the encroachment(s) exist in the public
rights -of -way. Should MWC or MWC's successors fail to continue to
provide the insurance coverage, the City shall have the right to secure a
replacement insurance policy in its name and place a special assessment
lien against the specific parcel or parcels subject to this Amended
Agreement, for which such insurance has lapsed or expired but not against
any other parcel that is subject to this Amended Agreement, for the total
cost of the premium.
(c) MWC shall hold harmless and indemnify the City, its officials, and its
employees from any claims for damage or loss to property and injury to
persons of any nature whatsoever arising out of the use, construction,
maintenance, or removal of the pedestrian walkways and vehicular
underpasses and from and against any claims which may arise out of the
granting of permission for the encroachment(s) or any activity performed
under the terms of this Amended Agreement, except in any event for any
claims for damages or loss to property and injury to persons caused by the
City or its officials.
Within the MWC District, there are certain rights -of -way, including portions of NE 2nd
Avenue, NE 1st Avenue, and North Miami Avenue, which are owned and maintained by
the County. Notwithstanding the foregoing, nothing contained in this Amended
Agreement shall be construed or interpreted to grant the Developer approval(s) to
encroach over any rights -of -way not owned by the City.
Section 8. Signs.
(a) The Project will require a Master Sign Package or a Special Sign Package
(collectively, "Sign Package") to accomplish the following goals: (1)
moving pedestrians and vehicle traffic throughout the MWC District
safely and efficiently and (2) properly identifying the MWC District, the
Project, and various tenants, events, and components within the Project,
including, but not limited to, residents, guests, visitors, and motorists
along surrounding thoroughfares.
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City Commission — First Reading — February 12, 2015 Page 7
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(b) The Sign Package will include, but is not limited to, the following sign
types: (1) directional signs; (2) ground signs; (3) wall signs; (4)
monument signs; (5) way -finding signs; and (6) on -site commercial signs,
defined as Class B Signs in the Code and Miami 21, some or all of which
may incorporate LCD, LED, or similar electronic technology consistent
with the Development Standards, Miami 21, and/or the City Code. This
Amended Agreement shall not be deemed or otherwise construed to
approve or authorize the placement and/or location of commercial
advertising signs, Class C Signs, murals, billboards, or media towers as
defined in the Code or Miami 21 within the MWC District. The
placement, location, and specifications of any commercial advertising
sign, Class C Sign, mural, billboard, or media tower, if permitted by the
Code or Miami 21, shall be approved as required by the Code and Miami
21 at the time a permit application is filed with the City.
(c) The Sign Package shall apply to signage visible from public rights -of -way
but the Sign Package shall not apply to or include signs internal to the
Project.
(d) Signs of any type or size may be approved as provided for in the
Development Standards.
(e) All signs within the MWC District shall be subject to the requirements of
all applicable federal, state, and local rules, orders, regulations, laws,
statutes, and ordinances.
Section 9. Project Approval. This Amended Agreement, together with the
Development Standards, shall establish the process(es) and criteria upon which the Project and
the Property shall be developed going forward.
Section 10. Public Facilities. On or before One Hundred Eighty (180) days after the
Effective Date, the Developer, together with the City and the County, as applicable, will
complete an analysis of the Public Facilities available to serve the Project and in compliance
with the Comprehensive Plan. In the event that the MWC District Regulations or the
Comprehensive Plan requires the Developer to provide additional Public Facilities to
accommodate the Project, the Developer will provide such Public Facilities consistent with the
timing requirements of Section 163.3180(2), Florida Statutes (2014), or as otherwise required by
a DRI development order or Chapter 13 of the Code, as may be amended from time to time.
Section 11. Reservation or Dedication of Land.
(a) The Developer shall not be required to dedicate or reserve any land within
the Property.
(b) The Developer agrees to create within the Project: (1) one (1) public open
space containing a minimum of 20,000 contiguous square feet; (2) one (1)
public open space containing a minimum of 14,000 contiguous square
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City Commission — First Reading — February 12, 2015 Page 8
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feet, (collectively, "Public Open Spaces"); and (3) sidewalks designed to
accommodate increased pedestrian activity that will include shopping,
entertainment, and outdoor seating, all as generally labeled on the
Regulating Plan contained in the Development Standards ("Regulating
Plan") attached as Exhibit "D".
(c) MWC will retain ownership of the Public Open Spaces but shall grant the
City a non-exclusive easement allowing public access to the Public Open
Spaces ("Public Open Spaces Easement"). MWC and the City further
agree to execute an Open Spaces Easement and Maintenance Agreement
("Easement Agreement"), a copy of which is included as Exhibit "F", to
assign their respective responsibilities and obligations with respect to the
future construction, maintenance, and operation of the Public Open
Spaces. The Public Open Spaces Easement and the Easement Agreement
shall be in a form acceptable to the City Attorney.
(d) The City and MWC agree to execute and record in the public records of
the County the Public Open Spaces Easement and the Easement
Agreement prior to the City issuing One (1) or more master building
permits authorizing the construction of One (1) or more buildings and
structures that singularly or cumulatively exceed the Four (4) million
square foot threshold with respect to the overall level of authorized
development (i.e., FLR) on the Property.
(e) The general location and dimensions of the Public Open Spaces shall be
substantially in accordance with the Regulating Plan, or as otherwise
mutually agreed by the Developer and the City. The specific location and
dimensions of the Public Open Spaces will be determined in the Public
Open Spaces Easement. A conceptual design detailing the development of
the Public Open Spaces shall be submitted by MWC to the City Manager
or designee within sixty (60) days of recording of this Amended
Agreement.
(f) The Developer shall retain the exclusive right to design, landscape, and
determine the programming for the Public Open Spaces, subject to
approval by the Planning Director, or his or her designee, which approval
shall not be unreasonably withheld, delayed, or conditioned.
(g)
From time to time, the Developer may sponsor or similarly partner with
organizations to hold temporary events in the MWC District, including in
and around the Public Open Spaces. In advance of a temporary event, the
Developer shall submit an application to the City consistent with the
requirements contained in Chapter 62 of the Code to obtain the necessary
permits and approvals.
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Section 12. Retail Specialty Center Designation and Entertainment Specialty District.
Pursuant to Chapter 4 of the Code, each block of the MWC District is designated as a retail
specialty center and each block is designated as an entertainment specialty district.
Any establishments located within the MWC District shall be entitled to the benefits afforded to
establishments in retail specialty centers, as codified by Chapter 4 of the Code. Notwithstanding
the requirements of Section 4-3.2 of the Code, the approval of the Planning, Zoning and Appeals
Board ("PZAB") and the Commission shall not be required for bars (including taverns, pubs, and
lounges), nightclubs, and supper clubs as principal uses proposed to be located within the MWC
District.
The maximum number of establishments selling alcoholic beverages permitted within retail
specialty centers in the MWC District shall not exceed five (5) per individual retail specialty
center, exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is
entirely incidental to and in conjunction with the principal sale of food (e.g. bona fide, licensed
restaurants with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX, or equivalent license).
The total number of approved establishments shall not exceed twenty-five (25) for the entire
MWC District as described in the Development Standards.
Section 13. Job Creation. The Developer shall consult and coordinate with the City's
CareerSource South Florida center located at the Lindsey Hopkins Technical Center at 750 NW
20th Street, 4th Floor and state economic development entities regarding job training and job
placement services to City residents seeking employment opportunities with potential employers
which will locate or establish businesses within the Project. The Developer agrees to use diligent,
good faith efforts to achieve or to cause its general contractor(s) and subcontractors (collectively,
the "Contractor") to use diligent, good faith efforts to achieve, as applicable, the following goals,
which the Parties hereto agree are purely aspirational in nature:
(a) The Contractor shall adhere to the following hierarchy with respect to
hiring objectives and practices in the MWC District:
(1) Residents of the City who live within one (1) of the five (5)
zip codes with the highest poverty rate ("City Targeted Zip
Codes");
(2) If no residents as described within Section 13(a)(1) are
qualified or can be qualified within a reasonable amount of
time, City residents who reside outside the City Targeted
Zip Codes;
(3)
If no residents as described within Sections 13(a)(1) and (2)
are qualified or can be qualified within a reasonable
amount of time, County residents who live within one (1)
of the five (5) zip codes with the highest poverty rate in the
County ("County Targeted Zip Codes"); and
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(4) If no residents as described within Sections 13(a)(1)-(3) are
qualified or can be qualified within a reasonable amount of
time, residents in the County who reside outside of the
County Targeted Zip Codes.
The Parties agree that individuals will be employed based on the hierarchy
established in Section 13(a). For purposes of clarity, the intent of this
Section 13(a) is to encourage the Developer and the Contractor to hire as
many qualified persons who reside in the City to work on the Project.
(b) The Contractor shall electronically post job opportunities in established
job outreach websites and organizations, including, without limitation,
South Florida Workforce, Florida Department of Economic Opportunity
Career Source of South Florida located in Miami, their successors or
assigns, and similar programs in order to attract as many eligible minority
applicants for such jobs as possible.
(c) In connection with the work performed by the Developer, the Developer
shall cause the Contractor to pay a minimum hourly wage rate of $12.83 if
health benefits are not provided to employees and $11.58 if health benefits
are provided to employees. Commencing January 1, 2018 and for the
duration of the Project ("CPI Escalation Year"), the foregoing hourly rates
shall be increased on January 1st of the applicable calendar year by an
amount equal to the percentage increase during the calendar year
immediately prior to the CPI Escalation Year in the consumer price index
("Index"), which is the monthly index published by the Bureau of Labor
Statistics of the United States Department of Labor as the Consumer Price
Index for All Items, Miami -Ft. Lauderdale, Florida, Base Year 1982-
84=100. The CPI adjustment to the minimum hourly wage rates shall
hereinafter be referred to as the "CPI Escalation". The CPI Escalation of
the minimum hourly wage rates for the CPI Escalation Year shall be equal
to the minimum hourly wage rates in effect for the calendar year
immediately preceding the CPI Escalation Year multiplied by the CPI
Percentage (as defined below). The "CPI Percentage" shall equal the
fraction (i) whose numerator equals the monthly Index published
immediately prior to the CPI Escalation Year (or the nearest reported
previous month) and (ii) whose denominator is the same monthly Index
published immediately prior to the calendar year that preceded the CPI
Escalation Year (or the nearest reported previous month). If the Index is
discontinued with no successor Index, the City shall select a commercially
reasonable comparable index. The CPI adjustment set forth herein shall
not result in a reduction of the respective minimum hourly wage rates.
(d) The Developer shall require the Contractor to include the same minimum
hourly wage rates in any contracts entered into by the Contractor with its
subcontractors for the Project who will stipulate and agree that they will
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pay the same minimum hourly wage rates, subject to adjustment, as set
forth in this section.
(e) Local Workforce Participation During Construction. At least 25% of
those employed by the general or subcontractor(s) for construction work
shall be employed utilizing the following priorities: first, residents of the
five (5) highest poverty rate index zip codes in the City; second, City
residents in general; third, County residents who live in the five (5)
highest poverty rate index zip codes in the County; and fourth, residents in
the County in general. Residents who live in qualifying areas must
receive preference for hiring in the Project.
(f) Job Opportunity Advertisement. The Developer must provide 10 full -page
weekly advertisements in The Miami Times newspaper to inform residents
of job opportunities and job fairs prior to construction commencement.
This shall be in addition to advertisements done through other job
outreach websites, organizations, and efforts.
(g)
Community Business Enterprise ("CBE"), Community Small Business
Enterprise ("CSBE"), and Small Business Enterprise ("SBE").
(1) 7.5% of the professional services agreements for soft costs
including, but not limited to, design, engineering, survey,
inspection, testing, and legal, shall be awarded to firms
certified by the County as CSBE, CBE, and SBE firms at
the time the contract is signed.
(2) The Developer shall award 10% of the contractual
agreements for construction and construction -related
materials, supplies and fixtures to firms certified by the
County as CSBE, CBE, and SBE firms at the time the
contract is signed.
(h) Job Creation Monitoring Contract. Within 60 days prior to issuance of a
Permit for vertical improvements, the Developer will designate a firm who
shall be CBE/CSBE/SBE certified whom will be designated to monitor the
Local Workforce Participation, Job Opportunity Advertisement, and
CBE/CSBE/SBE requirements.
(i)
If the Developer enters into a Tax Increment Fund agreement ("TIF
Agreement") with the CRA and if the TIF Agreement states higher
requirements regarding job creation and hourly wage requirements than
this Section 13 of this Amended Agreement, then the Parties agree that the
TIF Agreement provisions regarding job creation and hourly wage
requirements shall be binding and shall supersede the provisions of this
Section 13. If the TIF Agreement does not state higher requirements
regarding job creation and hourly wage, then the Parties agree the
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City Commission — First Reading — February 12, 2015 Page 12
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provisions of this Section 13 with respect to job creation and hourly wage
requirements shall be binding.
Section 14. Local Development Permits.
(a) The Developer intends to develop the Property consistent with the MWC
District Regulations and this Amended Agreement. The Project may
require additional permits or approvals from the City, County, State, or
Federal government, including their respective internal agencies. Subject
to the required legal processes and approvals, the City shall make a good
faith effort to take all necessary and reasonable steps to cooperate with and
expedite the issuance of all such approvals and permits. Such approvals
include, but are not limited to:
(1) Waiver(s), Warrant(s), Exception(s), or Variances;
(2) Subdivision plat approvals;
(3) Street Vacations and Closures;
(4) Covenant in Lieu ("Covenant") of Unity of Title or Unity
of Title ("Unity") acceptance or the release of existing
Covenants or Unities;
(5) Water and Sanitary Sewage Agreement(s);
(6) Drainage Permits;
(7) Temporary Use Permits;
(8) Tree Removal Permits;
(9) Demolition Permits;
(10) Environmental Resource Permits;
(11) Building Permits;
(12) Certificates of Use;
(13) Certificates of Occupancy including Temporary
Certificates of Occupancy;
(14) Stormwater Permits;
(15) Miami -Dade Transit approvals;
(16) Federal Aviation Administration determination(s) and
approval(s);
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(17) Development of Regional Impact approval, modification,
or exemption; and
(18) Any other official action of the City or other government
agency having the effect of permitting development of the
Properties.
(b) Notwithstanding any future modifications to Miami 21 after the Effective
Date regarding site plan approval procedures or substantive requirements,
authority to approve any site plan for all or a portion of the Project within
the Property shall be vested in the City Manager, or his or her designee.
Any site plan may be approved if it complies with the intent or the
minimum requirements and criteria of the MWC District Regulations and
the Comprehensive Plan.
Section 15. Consistency with Existing Zoning and Comprehensive Plan. The City re-
confirms that the Development Standards are part of the MWC District Regulations and
consistent with the Comprehensive Plan, subject to the terms of Section 10 of this Amended
Agreement.
Section 16. Compliance with Local Regulations Relative to Development Permits.
The Developer and the City agree that the failure of this Amended Agreement to address a
particular permit, condition, fee, term, license, or restriction in effect on the Effective Date shall
not relieve the Developer of the necessity of complying with the regulations governing said
permitting requirements, conditions, fees, terms, licenses, or restrictions as long as compliance
with said regulation and requirements does not require or otherwise permit the Developer to
develop the Property in a manner inconsistent with the MWC District Regulations, the
Comprehensive Plan, or this Amended Agreement.
Section 17. Development of Regional Impact.
(a) The City and the Developer agree that as of the Effective Date, sufficient
capacity remains under the SEOPW DRI to accommodate the Project and
that the Developer has reserved the capacity necessary to develop the
Project.
(b) The City agrees that any SEOPW DRI Development order which the City
adopts after the Effective Date and which applies to the Property will (1)
be consistent with this Amended Agreement and the Development
Standards and (2) include a Use/Intensity conversion table to allow for a
reasonable level of flexibility with respect to the mix and intensity of uses
in order to respond to changing market conditions.
(c) The City and the Developer agree that if the SEOPW DRI
reaches maximum build out and capacity is not extended, DRI fees will no
longer be required. The City and Developer further agree that if the
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SEOPW DRI reaches maximum build out and capacity is not extended,
any payments provided prior to build out shall not be refunded.
(d) The City agrees that if the SEOPW CRA decides to abandon, terminate,
rescind, or otherwise render ineffective the SEOPW DRI Development
Order, the Developer shall no longer be responsible for payment of
SEOPW DRI fees. Further, if the SEOPW CRA decides to abandon,
terminate, rescind, or otherwise render ineffective the SEOPW DRI
Development Order, the City agrees to refund any payment of SEOPW
DRI fees made by the Developer within twenty four (24) months of the
decision to abandon, terminate, rescind, or otherwise render ineffective the
SEOPW DRI Development Order.
Section 18. Reservation of Development Rights.
(a) For the term of this Amended Agreement, the City hereby agrees that it
shall permit the development of the Property in accordance with the MWC
District Regulations, the Comprehensive Plan, and this Amended
Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of
development permitted on the Property in a manner consistent with (1) the
MWC District Regulations and the Comprehensive Plan, (2) any zoning
change subsequently requested or initiated by the Developer or a future
owner of property within the MWC District in accordance with applicable
law, or (3) any future zoning change enacted by the City.
(c) The expiration or termination of this Amended Agreement shall not be
considered a waiver of, or limitation upon, the rights, including but not
limited to, claims of vested rights or equitable estoppel, obtained or held
by the Developer or its successors or assigns to continue development of
the Property in conformity with the MWC District Regulations, and all
prior and subsequent development permits or development orders
approved by the City.
(d) For the term of this Amended Agreement, the City agrees that the level of
development proposed by the Developer is reserved and is vested
consistent with Section 163.3167(5) of Florida Statutes (2014), upon the
issuance of one (1) or more Permits, foundation permits, or phased permits
by the City.
Section 19. Prohibition on Downzoning.
(a) The Comprehensive Plan, this Amended Agreement, and the Development
Standards shall govern development of the MWC District for the duration
of this Amended Agreement, including extensions thereof. The City' s
laws and policies adopted after the Effective Date may be applied to the
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MWC District only if the determinations required by Section 163.3233(2),
Florida Statutes (2014) have been made after 30 days written notice to the
Developer and after a public hearing by the Commission.
(b) Pursuant to Section 163.3233(3), Florida Statutes (2014), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to the Developer under Florida or Federal law. As a result, the
Developer may challenge any subsequently adopted changes to land
development regulations based on (1) common law principles including,
but not limited to, equitable estoppel and vested rights, or (2) statutory
rights which may accrue by virtue of Chapter 70, Florida Statutes (2014).
Section 20. Emergency Management Plan. Prior to the issuance of a Certificate of
Occupancy, Temporary Certificate of Occupancy ("TCO"), or the equivalent for the first new
single -use building in the MWC District, the Developer shall submit to the City a copy of an
Emergency Management Plan ("Emergency Plan") detailing how the safety of people and
property shall be accounted for and maintained in the event of a natural disaster, fire, act of God,
or other similar event. The Emergency Plan shall detail vehicle and pedestrian circulation,
security systems, and other preventative and protective measures readily available in the MWC
District. The Developer, or its successors, heirs, or permitted assigns, shall provide an updated
copy of the Emergency Plan prior to the issuance of a TCO or equivalent for each new building
in the future.
Section 21. Archaeological. Due to the Project's proximity to various Archaeological
Conservation Areas, the Developer shall obtain a Certificate to Dig prior to any ground
disturbing activities, pursuant to Chapter 23 of the Code.
Section 22. Streetcar. The Developer acknowledges that the City is currently planning
to construct a light rail transit system commonly referred to as the streetcar, which may traverse
or abut the MWC District. The Developer agrees to cooperate with the City so that any portion
of the streetcar route which runs through, or adjacent to, the MWC District can be
accommodated within the dedicated public rights -of -way. The Developer is not required to
dedicate additional land from within the MWC District to the City for the construction of the
streetcar route.
Section 23. Formation of Community Development District. In the event the creation
of a Community Development District ("CDD") is approved for the Project, the CDD may
assume the Developer's responsibility under this Amended Agreement without the City's
approval ("Assumption"). Notice of the Assumption, including copies of executed documents
memorializing the Assumption, shall be provided to the City as detailed in this Amended
Agreement.
Section 24. Compliance Review.
(a) The Developer shall notify the City of the Developer's compliance with
the terms of this Amended Agreement, in writing, every twelve (12)
months, commencing twelve (12) months after the Effective Date and
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ending upon the expiration of this Amended Agreement, as may be
extended herein. Upon receipt of written confirmation from the Developer
of the Developer's compliance with the terms of this Amended Agreement
("Compliance Confirmation"), the City may conduct an independent
compliance review and confirm the Developer's compliance with the
terms, conditions, and regulations in this Amended Agreement.
(b) Any additional information required of the Developer shall be limited to
that necessary to determine the extent to which the Developer is
proceeding in good faith to comply with the terms of this Amended
Agreement.
(c) Subject to the terms and provisions of Section 32(d) of this Amended
Agreement, if the City finds on the basis of competent substantial
evidence that the Developer intentionally failed to substantially comply
with the terms, obligations, or conditions of this Amended Agreement, the
City may terminate or amend this Amended Agreement after providing
Thirty (30) days written notice to the Developer unless cured by the
Developer prior to the expiration of such Thirty (30) day period; provided,
however, that if such failure cannot reasonably be cured within Thirty (30)
days, the Developer shall not be in default if it commences to cure such
breach within such Thirty (30) day period and diligently pursues the cure
to completion. Any termination or modification of this Amended
Agreement shall not become effective until the Commission approves
same after holding Two (2) duly noticed public hearings.
Section 25. Notices.
(a) All notices, demands, or requests given under this Amended Agreement
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 Amended Agreement shall be deemed given
when received. Any actions required to be taken hereunder which fall on
Saturday, Sunday, or United States legal holidays shall be deemed to be
performed timely when taken on the succeeding day thereafter which shall
not be a Saturday, Sunday, or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
City Attorney
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Miami Riverside Center
444 SW 2nd Avenue
9th Floor
Miami, FL 33130
With a copy to:
Planning & Zoning Department
Miami Riverside Center
444 SW 2nd Avenue
3rd Floor
Miami, FL 33130
To MWC:
Managing Member
Miami Worldcenter LLC
1010 NE 2nd Avenue
Miami, FL 33132
With a copy to:
Greenberg Traurig, P.A.
Attention: Ryan D. Bailine, Esq.
333 SE 2nd Avenue
Suite 4400
Miami, FL 33131
and
Greenberg Traurig, P.A.
Attention: Iris Escarra, Esq.
333 SE 2nd Avenue
Suite 4400
Miami, FL 33131
To Forbes:
Forbes Miami NE 1st Avenue LLC
Attention: Manager
100 Galleria Officentre
Suite 427
Southfield, MI 48034
With a copy to:
Honigman Miller Schwartz and Cohn LLP
Attention: David J. Jacob, Esq.
39400 Woodward Avenue
Suite 101
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Bloomfield Hills, MI 48304-5151
With a copy to:
Shutts & Bowen LLP
Attention: David J. Coviello, Esq.
201 South Biscayne Boulevard
Suite 1500
Miami, FL 33131
To the SEOPW CRA as courtesy notice:
Executive Director
SEOPW CRA
819 NW 2nd Avenue
3rd Floor
Miami, FL 33136
(b) Any Party to this Amended Agreement may change its notification
address(es) by providing written notification to the remaining Parties
pursuant to the terms and conditions of this section.
Section 26. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto that this Amended 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 Amended 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 the Developer shall each have the right to seek specific performance of this
Amended Agreement. Each Party shall bear its own attorney's fees. Each Party waives any
defense, whether asserted by motion or pleading, that the aforementioned courts are an improper
or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the
aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties
irrevocably waive any rights to a jury trial.
Section 27. No Oral Change or Termination. This Amended Agreement and the
exhibits and attachments constitute the entire agreement between the Parties with respect to the
Project. This Amended Agreement supersedes any prior agreements or understandings between
the Parties with respect to the subject matter hereof, including, but not limited to, the Initial
Agreement, 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 and after two (2)
public hearings before the Commission. This Amended Agreement cannot be changed or
terminated orally.
Section 28. Compliance with Applicable Law. Subject to the terms and conditions of
this Amended Agreement, throughout the term of this Amended Agreement, the Developer and
the City shall comply with all applicable federal, state, and local laws, rules, regulations, codes,
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ordinances, resolutions, administrative orders, permits, policies and procedures, and orders that
govern or relate to the respective Party's obligations and performance under this Amended
Agreement, all as they may be amended from time to time.
Section 29. Representations; Representatives. Each Party represents to the others that
this Amended Agreement has been duly authorized, delivered, and executed by such Party with
the legal authority to do so and constitutes the legal, valid, and binding obligation of such party,
enforceable in accordance with its terms.
Section 30. No Exclusive Remedies. No remedy or election given by any provision in
this Amended 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 (other
than any remedy which may be available at law or in equity which permits the termination of this
Amended Agreement), except where otherwise expressly provided.
Section 31. Failure to Exercise Rights not a Waiver; Waiver Provisions. The failure
by either Party to promptly exercise any right arising hereunder shall not constitute a waiver of
such right unless otherwise expressly provided herein. No waiver or breach of any provision of
this Amended 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 32. Events of Default.
(a) The Developer shall be in default under this Amended Agreement if any
of the following events occur and continue beyond the applicable grace
period or notice and cure period provided herein: the Developer fails to
perform or breaches any term, covenant, or condition of this Amended
Agreement which is not cured within Thirty (30) days after receipt of
written notice from the City specifying the nature of such breach;
provided, however, that if such breach cannot reasonably be cured within
Thirty (30) days, the Developer shall not be in default if it commences to
cure such breach within said Thirty (30) day period and diligently
prosecutes the cure to completion.
(b) The City shall be in default under this Amended Agreement if the City
fails to perform or breaches any term, covenant, or condition of this
Amended Agreement and such failure is not cured within Thirty (30) days
after receipt of written notice from the Developer specifying the nature of
such breach; provided, however, that if such breach cannot reasonably be
cured within Thirty (30) days, the City shall not be in default if it
commences to cure such breach within said Thirty (30) day period and
diligently prosecutes the cure to completion.
(c) It shall not be a default under this Amended Agreement if any Party is
declared bankrupt by a court of competent jurisdiction. All rights and
obligations in this Amended Agreement shall survive such bankruptcy of
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any Party. The Parties hereby forfeit their right(s) to terminate this
Amended Agreement upon the bankruptcy of any other Party. This
section does not absolve the Developer of any of its obligations pursuant
to the Code should it declare bankruptcy, including but not limited to,
ensuring that all construction sites, buildings, structures, and excavation
sites are safe.
(d) Notwithstanding the foregoing or anything contained in this Amended
Agreement to the contrary, (i) a default by any successor(s) or assignee(s)
of MWC of any portion of this Amended Agreement shall not be deemed
to be a breach by (A) MWC, (B) any other successor or assignee of MWC,
(C) Forbes, or (D) any successor(s) or assignee(s) of Forbes of any portion
of their respective rights, duties, and obligations under this Amended
Agreement; (ii) a default by any successor(s) or assignee(s) of Forbes of
any portion of this Amended Agreement shall not be deemed to be a
breach by (A) Forbes, (B) any other successor or assignee of Forbes, (C)
MWC, or (D) any successor(s) or assignee(s) of MWC of any portion of
their respective rights, duties, and obligations under this Amended
Agreement; (iii) a default by MWC under this Amended Agreement shall
not be deemed to be a breach by Forbes or any successor(s) or assignee(s)
of Forbes or MWC of their respective rights, duties, or obligations under
this Amended Agreement; and (iv) a default by Forbes under this
Amended Agreement shall not be deemed to be a breach by MWC or any
successor(s) or assignee(s) of Forbes or MWC of their respective rights,
duties, or obligations under this Amended Agreement. For purposes of
clarity, the Developer intends for the Project to be developed by multiple
parties in multiple phases over the next several years. Any actual or
alleged default by a developer of a portion(s) or phase(s) of the Project,
including, but not limited to, the Developer, shall not cause, nor be treated,
deemed, or construed as a default by another developer or Party with
respect to any other portion(s), phase(s), or component(s) of the Project.
Section 33. Remedies Upon Default.
(a) Except as otherwise provided under Section 24(c) and Section 40 of this
Amended Agreement, no Party may terminate this Amended Agreement
upon the default of any other Party, but shall have all of the remedies
enumerated herein.
(b) Upon the occurrence of a default by a Party to this Amended Agreement,
including their successors and assigns, not cured within the applicable
notice, grace, or cure period as provided herein, as may be extended, the
Developer and the City agree that any Party may seek specific
performance of this Amended Agreement, and that electing to seek
specific performance shall not waive any right of such Party to also seek
monetary damages or any other relief other than termination of this
Amended Agreement. In addition to any other remedies available to the
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City under this Amended Agreement, in the event of default by the
Developer, or any successor(s) or assign(s) of the Developer, the City may
withhold any permits or other approval, but only against the defaulting
Party. Each Party shall be responsible for its own attorneys' fees if any
such action is pursued.
Section 34. Severability. If any term or provision of this Amended 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 Amended 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 35. Assignment and Transfer. This Amended Agreement shall be binding on
the Developer and its heirs, successors, and assigns, including the successor to or assignee of any
Property Interest. The Developer, at its sole discretion, may assign, in whole or in part, this
Amended Agreement or any of its rights and obligations hereunder, or may extend the benefits of
this Amended Agreement, to any holder of a Property Interest without the prior written consent
or any other approval of the City. The City shall be notified in writing within thirty (30) days
after any assignment or transfer.
Section 36. Obligations Surviving Termination Hereof. Notwithstanding and
prevailing over any contrary term or provision contained herein, in the event of any lawful
termination of this Amended Agreement, the following obligations shall survive such
termination and continue in full force and effect until the expiration of a One (1) year term
following the earlier of the effective date of such termination or the expiration of the term: (a)
the exclusive venue and choice of law provisions contained herein; (b) rights of any Party arising
during or attributable to the period prior to expiration or earlier termination of this Amended
Agreement; and (c) 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 37. Lack of Agency Relationship. Nothing contained herein shall be
construed as establishing an agency relationship between the City and the Developer and neither
the Developer nor its employees, agents, contractors, subsidiaries, divisions, affiliates, or guests
shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose
hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors,
agents, or employees of the Developer or its subsidiaries, divisions, or affiliates.
Section 38. 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 Amended Agreement. The
Parties agree that time is of the essence in all aspects of their respective
and mutual responsibilities pursuant to this Amended Agreement. The
City shall use its best efforts to expedite the permitting review and
approval process in an effort to assist the Developer in meeting its
demolition, development, and construction completion schedules. The
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City will make best efforts to accommodate requests from the Developer's
agents, representatives, general contractor(s), and subcontractors for
simultaneous review of multiple permitting packages, such as those for
site work and foundations, and building shell, core, and interiors.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue
development permits to the extent the Developer does not comply with the
applicable requirements of the MWC District Regulations, the
Comprehensive Plan, this Amended Agreement, applicable building
codes, or any other laws, rules, orders, or regulations.
Section 39. Enforcement.
(a) In the event that the Developer, its successors, or assigns fails to act in
accordance with the terms of the MWC District Regulations, the City shall
seek enforcement of said violation only against the defaulting Party.
(b) Enforcement of this Amended Agreement shall be by action against the
Party violating, or attempting to violate, any covenants set forth in this
Amended Agreement. Each Party shall be responsible for its own
attorneys' fees in any such action.
(c) This enforcement provision shall be in addition to any other remedies
available at law, in equity, or both, excluding, however, any remedy which
may be available at law or in equity which permits the termination of this
Amended Agreement.
Section 40. Amendment or Termination by Mutual Consent. This Amended
Agreement may not be amended or terminated during its term except by mutual agreement of the
Developer and its successors and assigns, and the City in writing. Prior to amending or
terminating this Amended Agreement, the Commission shall hold Two (2) duly noticed public
hearings.
Section 41. Third Party Defense. The City and the Developer shall, at their own cost
and expense, vigorously defend any claims, suits, or demands brought against it by third parties
threatening the Amended Agreement, challenging its enforceability, or objecting to any aspect
thereof, including, without limitation, any claims for loss, damage, liability, or expense
(including reasonable attorneys' fees). The City and the Developer 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 42. No Conflict of Interest. The Developer agrees to comply with the Code as
of the Effective Date with respect to conflicts of interest.
Section 43. No Third -Party Beneficiary. No persons or entities other than the
Developer and the City, their respective heirs, successors, and permitted assigns, shall have any
rights whatsoever under this Amended Agreement.
MWC Amended and Restated Development Agreement
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Section 44. Counterparts. This Amended Agreement may be executed in counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
Section 45. Recordation. A fully executed version of this Amended Agreement shall
be recorded in the public records of the County by the Developer, at the Developer's sole cost
and expense, within Thirty (30) days after execution by all the Parties.
Section 46. Estoppel Certificate. Upon request by any Party to this Amended
Agreement, the other Party or its duly authorized representative will deliver to the requesting
Party, within thirty (30) days after such request is made, a certificate in writing certifying (a) that
this Amended Agreement is unmodified and in full force and effect (or if there have been any
modifications, a description of such modifications and that this Amended Agreement as modified
is in full force and effect); (b) that to the best knowledge of such Party, the requesting Party is
not, at that time, in default under any provision of this Amended Agreement, or, if in default, the
nature thereof in detail; (c) to the best knowledge of such Party, whether such Party has a claim
against any other Party under this Amended Agreement, and, if so, the nature thereof and the
dollar amount of such claim; and (d) such other matters as such requesting Party or its lender
may reasonably request. Each Party further agrees that such certificate shall be in a form
reasonably acceptable to the City Attorney and may be relied upon by (1) any prospective
purchaser of the fee or mortgage or assignee of any mortgage on the fee of the Property or any
portion thereof and/or (2) any prospective or existing lender of Developer as identified by
Developer in its request therefor.
NOW, WHEREOF, the City and the Developer have caused this Amended Agreement to
be duly executed.
[Signatures Appear on the Following Pages]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 24
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MIAMI WORLDCENTER HOLDINGS, LLC,
a Delaware limited liability company
By: PWV Group 1 Holdings, LLC,
a Delaware limited liability company
By:
Name:
Titl e:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 25
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By: 701 North Miami (FL), LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 26
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Miami First, LLC, a Delaware limited liability company
By:
Print Name
As:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 27
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Miami Second, LLC, a Delaware limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 28
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Miami Third, LLC, a Delaware limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 29
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Miami Fourth, LLC, a Florida limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 30
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Miami A/I, LLC, a Delaware limited liability company
By:
Print Name:
As:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 31
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FORBES MIAMI NE 1ST AVENUE, LLC,
a Michigan limited liability company
By:
Name:
Title:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 32
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CITY OF MIAMI, FLORIDA
By:
Daniel J. Alfonso, City Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 33
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Exhibit "A"
Rezoning Ordinance
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 34
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
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ity of
Legislation
Ordinance
City Hall
3500 Pan Ameri ; n
Drive
Miami, FL 33133
www,rr!lamigov,com
File Number: 08-03 €015n
Final Aetiin Thte9
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NOS. 23 AND 36 OF THE ZONING ATLAS OF ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY ADDING SD-16.3 "MIAMI WORLDCENTER", GENERALLY
BOUNDED BY NORTHEAST 2ND AVENUE TO THE EAST, NORTH MIAMI
AVENUE TO THE WEST, NORTHEAST 11TH STREET TO THE NORTH AND
NORTHEAST 6TH STREET TO THE SOUTH, EXCLUDING THE AREAS
GENERALLY DESCRIBED AS "THE CLUB DISTRICT" AND THE "NETWORK
ACCESS POINT OF THE AMERICAS (NAP CENTER)"; CONTAINING A
SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of October 15, 2008, Item No.
P.2, following an advertised hearing, adopted Resolution No. PAB-08-041 by a vote of five to zero
(5-0), recommending APPROVAL of a change of the zoning atlas, as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the
Zoning Atlas of Ordinance No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida, Pages 23 and 36 of the Zoning Atlas of the City of Miami, Florida, by adding
the SD-16.3 "Miami Worldcenter", generally bounded by Northeast 2nd Avenue to the East, North
Miami Avenue to the West, Northeast 11th Street to the North and Northeast 6th Street to the South,
with the exception of areas generally described as "The Club District" and The Network Access Point
of the Americas "NAP Center"; boundaries more specifically identified in the map attached hereto as
Exhibit "Ad'; and
Section 2. It is found that this change:
(a) is consistent with the intent of the area and will not impose an adverse impact on the adjacent
community.
(b) is in conformity with the adopted Miami Comprehensive Neighborhood Plan;
(c) is not contrary to the established land use pattern;
_Id) will not create an isolated district unrelated to adjacent and nearly districts;
(e) is not out of scale with the needs of the neighborhood or the City;
(f) will not materially alter the population density pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(g) is necessary due to changed or changing conditions:
(h) will not adversely influence living conditions in the neighborhood;
City of Miioini
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(i) will not create or excessively increase traffic congestion or otherwise affect public safety;
(j) will not create a drainage problem;
(k) will not seriously reduce light and air to adjacent area;
(I) will not adversely affect property value in the adjacent area;
(m) will not be a deterrent to the improvement or development of adjacent property in accord with
existing regulations; and
(n) will not constitute a grant of special privilege to an individual owner so as to compromise the
protection of the public welfare.
Section 3. Page Nos. 23 and 36 of the Zoning Atlas, made a part of Ordinance No. 11000, as
amended, the Zoning Ordinance for the City of Miami, Florida, by reference and description in said
Ordinance, is hereby amended to reflect the changes made necessary by this Amendment.
Section 4. !f any section, part of section, paragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof, {1}
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
Footnotes :
{1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami
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Exhibit "B"
Approval Resolution
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 35
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ity of Mia
Legislation
Resolution
City Hal!
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 08-01015da
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AND
AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE
PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "THE MIAMI
WORLDCENTER" ON APPROXIMATELY ± 25 ACRES, ZONED SD-16.3, "MIAMI
WORLDCENTER SPECIAL DISTRICT," LOCATED BETWEEN NORTHEAST 6TH
STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI
AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE
PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES;
APPLICABLE ONLY TO PROPERTY OWNED BY MIAMI WORLDCENTER
GROUP, LLC, AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING
USES: RESIDENTIAL, OFFICE, HOTEL, RETAIL, CONVENTION SPACE,
ACADEMIC SPACE AND ANY OTHER USES PERMITTED BY THE SD-16.3
ZONING DISTRICT REGULATIONS; AUTHORIZING A DENSITY OF
APPROXIMATELY 300 UNITS PER ACRE; AUTHORIZING AN INTENSITY
MEASURED BY A BASE FLOOR AREA RATIO OF APPROXIMATELY 4.32, PLUS
ANY APPLICABLE BONUSES PROVIDED IN THE SD-16.3 ZONING DISTRICT
REGULATIONS; AUTHORIZING UNLIMITED HEIGHT AS PERMITTED BY THE
SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
WHEREAS, Miami Worldcenter Group, LLC, and affiliated parties (collectively "MWC') are the
owners of certain real property in the City of Miami ("City") consisting of approximately ±25 acres,
zoned SD-16.3 and located between Northeast 6th Street and Northeast 11th Street and between
North Miami Avenue and Northeast 2nd Avenue in the City of Miami, Florida; and
WHEREAS, MWC has requested approval of a Development Agreement ("Agreement"), pursuant
to Chapter 163 of the Florida Statutes to provide that Miami Worldcenter Group, LLC may develop its
approximately ±25 acres of land, according to the SD-16.3 district regulations in effect as of the
effective date of the Agreement during the term of the Agreement; and
WHEREAS, the City Commission has reviewed the proposed Development Agreement and has
considered the testimony of all interested parties at the public hearing, the intended use of the land as
described in the Development Agreement and has considered the health, safety and welfare of the
citizens of the City;
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
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Films 1Vumb r: O8-01O15da
reference and incorporated as if fully set forth in this Section..
Section 2, The Agreement, pursuant to Chapter 163 of the Florida Statutes, between MWC and
the City, relating to the development of the application of approximately ±25 acres, zoned SD-16.3
located in the City of Miami, Florida, for the purpose of redevelopment of such land for a mix of
permitted uses, is approved.
Section 3. The Agreement is applicable only to property owned by MWC, and affiliated parties with
the following uses being authorized: residential, office, hotel, retail, convention space, academic space
and any other uses permitted by the SD-16.3 Zoning District regulations.
Section 4. A density of approximately 300 units per acre, an intensity measured by a base floor
area ratio of approximately 4.32, plus any applicable bonuses provided in the SD-16.3 Zoning District
regulations, and unlimited height as permitted by the SD-16.3 Zoning District Regulations, is
authorized.
Section 5. The City Manager is authorized{1} to execute the Agreement, in substantially the
attached form, for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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Exhibit "C"
Site Plan
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 36
NAP Center
of the Americas
NE1_t ree
NE 9th Stree
NE :t Street
NE Gth Street
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Museum Park
rict Boundary
American Airlines Arena
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Exhibit "D"
Amended Miami Worldcenter Zoning Regulations and Development Standards
[Please refer to Appendix D of Miami]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 37
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number 08-01015zt1
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI
WORLDCENTER TO MODIFY CERTAIN DESIGN STANDARDS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 13, 2008, the City Commission adopted Ordinance No.
13038, creating the 25 +/- acre zoning district entitled SD-16.3 "MIAMI WORLDCENTER", as
amended; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended
incorporating SD-16.3 as Appendix D: Miami Worldcenter; and
WHEREAS, the "Miami Worldcenter" project integrates public improvements and
infrastructure while providing greater flexibility resulting in higher quality architecture and design;
and
WHEREAS, transformative projects such as Miami Worldcenter are critically important to
the economic revitalization and enhancement of the City of Miami Downtown area; and
WHEREAS, the amended "Miami Worldcenter" Development Standards will benefit the
area by promoting the development of a significant mixed -use community in the City's Urban
Core inclusive of a retail commercial center, residential units, hotel rooms, multiple central open
plazas promoting interaction with existing uses including but not limited to, Biscayne Boulevard,
Park West, Southeast Overtown, Miami River and Downtown; and
WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting of
September 3, 2014, Item No. PZAB.3, following an advertised hearing, adopted Resolution No.
PZAB-R-14-056 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the update of
the Appendix D: Miami Worldcenter text amendment; and
WHEREAS, the City Commission after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants
to amend Ordinance No. 13114 as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
File Number: 08-01015zt1
Section 2. The "Appendix D:Miami Worldcenter", as amended, inclusive of the
Amended Zoning Regulations and the Development Standards, as approved, shall be binding
upon any development project within the district boundaries.
Section 3. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by making modifications to Appendix D in the following particulars {1}:
"APPENDIX D: MIAMI WORLDCENTER"
MIAMI WORLDCENTER
The Miami Worldcenter (hereinafter also referred to as the "SD 16.3 Miami Worldcenter area")
is generally bounded by NE 2nd Avenue on the east, North Miami Avenue on the west, NE 11th
Street on the north, and NE 6th Street on the south, excluding the areas generally described as
"The Club District" and the "Network Access Point of the Americas (NAP Center)". The
boundaries are more specifically identified in Map 1, as included in the Development Standards.
16.12.1 Section 1 MIAMI WORLDCENTER GOALS
The conservation goals include conserving energy and reducing carbon dioxide emissions
through improved street connectedness to encourage improving pedestrian connectivity and
encouraging walkability, multi -modal mass aR8 transit use, increased increasing tree canopy.
new public spaces, and encouraging green buildings.
16.12.1.1 Section 1(a) The development goals include:
a. 1. Establishing Sspecific areas that are compact, pedestrian -oriented and mixed -
use. Increased density and intensity of use is encouraged due to the proximity of
current and proposed transit service and appropriate building densities and land
uses should occur within walking distance of transit stops.
b. 2. Maintaining the future growth of downtown infill redevelopment ensuring
Miami's focus for the region's economic, civic, and cultural activities.
G, 3. A Creating a diversity of uses distributed throughout the selected specific area
of an existing District that enables a variety of economic activity, workplace,
residence& residential and civic space. Civic and commercial activity should be
embedded in the mixed -use District as identified in the Intent for SD 16, 16.1,
16.2 the Southeast Overtown Park West Commercial -Residential Districts.
d- 4. Reinforcing community identity through thoughtful placement of Gcivic and
public gathering spaces should be located to reinforce community identity.
e. 5. Constructing Sbuildings and landscaping that contribute to the physical
definition of Thoroughfares as civic places.
f, 6 n cpocific area within an evicting Dictrict that incl, ,doc Establishing a framework
of transit and pedestrian systems that accommodates automobiles while
respecting the pedestrian and the special form of public spaces.
Ensuring that private development contributes to infrastructure and cmbcllishc&
promotes a pedestrian and transit friendly public and private realm of the highest
quality.
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16.12.1.2 Section 1(b) The Miami Worldcenter Design Development Standards ("Design
Development Standards") and the Miami Worldcenter Regulating Plan ("Regulating Plan")
provide more detailed clarification to are intended to provide context and illustrative examples of
permitted and compatible development of the SD 16.3 Miami Worldcenter area and are
incorporated herein by reference.
16.12.2 Section 2 EFFECT OF SD 16.3 MIAMI WORLDCENTER AREA DESIGNATION
The SD 16.3 Miami Worldcenter Master Plan Design Development Standards and the
regulations herein shall supplant those otherwise in conflict with the Miami 21 Zoning
Ordinance. districts or portions of districts included within the SD 16 Special District boundaries
to the extent indicated herein. Unless stated otherwise herein, these regulations supersede any
provisions within the Miami 21 Code.
16.12.3 CLASS II SPECIAL PERMIT Section 3 WARRANT
16.12.3.1 Section 3 (a) When required
A Class II Special Permit Warrant shall be required prior to approval the issuance of any a
building permit for: (1) any development which seeks a deviation from the standards in this
Appendix D; (2) a development which substantially affects+ng the height, mass 461114, location or
exterior configuration of any existing building; (3) the construction of a new building; or
the implementation of signage, awnings, fences or any other improvement visible from a public
right-of-way.
16.12.3.2 Section 3(b) Considerations in making Class II Special Permit determinations
The purpose of the Class II Special Permit Warrant shall be to ensure conformity of the future
development applications with the Appendix D, as amended, keeping in mind the expressed
intent of Sec. 616. SD 16, 16.1, 16.2, the Southeast Overtown Park West Commercial -
Residential Districts, with the general considerations listed in Section 1305, Article 4, Table 12
and with the special considerations contained in the Miami Worldcenter Master Plan Design
Development Standards and Regulating Plan incorporated herein by reference. A Traffic Study
shall only be required in connection with: (1) an original Warrant application for a new Building;
or (2) modifications to approved Buildings where the proposed use(s) is substantially different
from that originally approved.
16.12.3.3 Section 3(c) Waiver of Design Standards Special District Permit Minor Modifications
& Modifications to Approvals
Standards, incorporated by rcfcrcncc (collectively, "Design Guidelines and Standards"), may be
waived by the Planning Director pursuant to a Class II Special Permit . Waivers by the Planning
twenty percent (20%) from the numeric standard.
(1) Unless otherwise required by these Development Standards, as amended, the Zoning Code
of the City of Miami, as amended, or the Florida Building Code, as amended, these
Development Standards may be modified by the Planning Director, or his or her designee,
pursuant to a Special District Permit ("Special District Permit"). The Zoning Administrator, or his
or her designee, may waive or modify any provision of these Development Standards, up to ten
percent (10%), by Special District Permit, except Density, Intensity and Height, on a case by
case basis, when doing so will promote the intent of the Miami Worldcenter or these
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Development Standards. All applications for a Special District Permit shall be submitted in
writing to the Zoning Administrator, detailing the need for the modification or correction, as the
case may be, together with a fee detailed in the City's adopted fee schedule. Special District
Permit applications shall be reviewed by the Zoning Administrator within fifteen (15) days of
submission, and shall be referred to the Planning Director, or his or her designee, within five (5)
days after the expiration of the initial fifteen (15) days review period. If the requested relief or
modification to these Development Standards is determined to be in compliance with the intent
of these Development Standards, the Planning Director shall approve the Special District
Permit. Special District Permit applications may be filed in connection with a new building or in
connection with the modification of a previously issued approval, including, but not limited to a
Warrant.
(2) The Planning Director, or his or her designee, may authorize variations or modifications to
this Ordinance, including these Development Standards, up to a maximum of twenty percent
(20%) by Warrant, on a case by case basis, when such variation would promote the intent of
these Development Standards, or is otherwise found by the Planning Director to be appropriate
given the particular facts and circumstances of the Warrant application.
(3) An applicant may modify a Warrant or Special District Permit approved under this Article, as
a minor modification through the Special District process. Minor Modifications include:
1. Those changes that meet these Appendix D regulations; or
2. Changes in the project phasing; or
3. An increase in height not exceeding five percent (5%) of the approved height; in no instance
can such increase exceed the twenty percent (20%) cumulative increase available by Warrant in
Appendix D, as amended.
In the event that the modification is determined to be "not minor" a new Warrant shall be
required.
Modifications available under this Section 3(c) shall not be applicable to the Building
Configuration contained in Section 9(a).
16.12.1 Section 4 FLEXIBLE ALLOCATION OF DEVELOPMENT CAPACITY
When pProperty within the SD 16.3 Miami Worldcenter area containing nine or more contiguous
acres under the ownership or control of a single entity is submitted as a project ("Project"), the
„nconctrainod by tho FAR f„r any indi„id„al cito may be subject to a Declaration of Restrictive
Covenant(s) in Lieu of Unity of Title in a form approved by the City and the City Attorney
("Covenant in Lieu"), which permits flexible allocation of Density and Intensity for sites within the
Miami Worldcenter area so long as the overall FAR Height and mass distribution does not result
in development that is out of scale or character within the permitted Building envelope(s). The
Covenant in Lieu shall be consistent with development allowed , ender the land development
regulations for the Miami Worldcenter area, of fef the adjacent areas, and the Miami
Comprehensive Neighborhood Plan. allocatcs FAR &Sufficient FLR must be allocated to build
structures -to a minimum of two stories on all parcels within the project except oOpen &Space
and GCivic &Space sites, and provides all SD_1a 3 Miami Worldcenter area regi iirementc
including open space, civic space, and parking.
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16 17 A 1 Maier I Ise Special Permit
11000, when property within thc SD 16.3 Miami Worldccntcr area containing ninc or morc
Major Use Special Permit within the project is required for: (1) non residential or lodging uses in
hotel and related office building with a mix of retail and office uses evnco..ds two million squarc
feet.
16.12.5 Section 5 DEFINITIONS
For the purpose of the SD 16.3 Miami Worldcenter area, the following definitions shall apply:
Terms not defined herein shall have the meaning provided in Miami 21 Article 1 Sec.2502 of thc
Zoning Ordinance of the City of Miami ("Zoning Ordinance").
Accessway: An ingress/egress easement for pedestrian and vehicular access as designated
by a recorded plat, deed, or other legal instrument.
Abu g• r nh or touch• try touch at the d or he ntin,,o, n�ith• join at the rl•1 or
,� +g�teTea eFI��GA,,,,ga� ,�er�
bo nan aryterminna a on. A b tting properties incl�r 'ry ' ppropert es ross a street or
alley.
Arcade: A covered pedestrian outdoor space along the any side of a Building at the ground
level that is open on three sides and has a minimum width of 15 feet feet depth ,
which may provide access to shops along one (1) or more sides, per the Design
Development Standards.
Architectural Screening Layer: An architectural treatment along the face of a building facade
intended to conceal all internal building elements such as ramping, plumbing pipes,
fans, ducts, ceilings, slab edges and lighting. An Architectural Screening Layer is
required for any parking garage or portion thereof that is not concealed by a Liner.
Back of Curb Line: A straight building reference line established at the back of the street curb
that does not offset for projections into the street such as bulb outs or tree planting
areas, as shown in Tablc 3 and in thc Rcgulating Plan and Design Standards.
Balcony: An unenclosed habitable structure cantilevered from or inset within a facade or
cicvation.
Block: The aggregate of private lots, pascages, rear lanes and Alleys, the perimeter of which
abuts Thoroughfares.
Building Configuration: The form of a Building, based on its massing, relationship to
Frontages and lot lines and height
,
position: The placement of a Building on its lot.
Building Use: The uses accommodated by a Building and its lot.
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Building Height: The vertical extent of a building measured in Stories.
Build to line: A line established within a given Lot indicating where the outer edge of a
structure must be located.
Civic Space: An outdoor area provided or dedicated for public use in perpetuity by fee title or
easement. Civic Space types are defined by the combination of certain physical
constants including the relationship between their intended use, their size, their
landscaping and their enfronting buildings. See Table 2 and Design of the
Development Standards.
Corridor: A lineal geographic system incorporating transportation, walkways, and/or
greenways.
Courtyard: Open space, partially defined by walls or buildings as regulated by the SD 16.3
Miami Worldcenter area. See Design Development Standards.
Design Speed: The speed at which a Thoroughfare is designed to be driven.
Development Standards: Those standards attached hereto and incorporated herein, inclusive
of the Regulating Plan, Street Designs, Building Designs and applicable Tables.
Display Windows: Areas of storefront glazing that are designed to display items for sale within
the retail space behind the display.
Elevation, Floor: Height of floor level.
th E1n„ront: T i pl m releent along a Frontage as in �rr-porchres enfronn vnt e-street.,,
Entrance, principal: Themainpoint of access of pedestrians into a Building.
Facade: The exterior wall of a building that is set along a Frontage
Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured
to the exterior of the walLor balcony excluding Balconies.
Frontage: Lot face abutting a public space, such as a Thoroughfare, whether at the front, rear,
or side of a lot.
Gallery: A covered pedestrian area abutting the any side of a building on the ground floor which
may provide access along one or more sides of a building_
Green Space: aAn outdoor Open Space outdoors, at grade, unroofed, landscaped and free of
impervious surfaces.
Habitable Space: Building space which use involvcs human prescncc with dircct vicw of the
cnfronting strccts or public or privatc opcn space, excluding parking gar e , sclf
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service storage facilities, warehouses, and display windows separated from retail
activity.
Height: See Building Height.
Infrastructure and Utilities: A facility related to the provision of roads, water and sewer lines,
electrical, telephone and cable transmission, and all other utilities and
communication systems necessary to the functioning of a community.
Layer, First: The area between the Back of Curb Linc and the Build to Linc Base Building Line
and the required setback as shown in the Design Development Standards.
Layer, Second: Twenty feet (20) siteward from the Build to Line.
Layer, Third: That portion of the lot that is not within the First and Second Layer.
Layer: A range of depth of a lot within which certain elements are permitted as regulated in the
SD 16.3 Miami Worldcenter area, as provided in the Design Development
Standards.
public space, masking a use that has no capacity to monitor public space, such as a
parking lot, parking garage or storage facility.
Master Sign Package: The Master Sign Package shall allow buildings exceeding 200,000
square feet of Building Floor Area, mixed use developments over four (4) stories,
entertainment establishments, and Civil Support Uses exceeding 200,000 square
feet of Building Floor Area greater flexibility in Sign regulations to result in a higher or
specialized quality of design. A Master Sign Package shall include the following: a
plan view of each block indicating location of each sign type on each level, and
specifications for each sign type.
Open &Space: Any parcel or area of land or water, located at the ground level floor, essentially
unimproved by permanent buildings, and any ground floor level area of Galleries,
Arcades, and Paseos, as depicted in the Development Standards, which is an4 set
aside, dedicated, or otherwise designated or reserved for public use or enjoyment, or
private use or enjoyment or frthe—use and enjoyment of by the owners and
occupants of land adjoining or neighboring such open spaces. Open Space includes
Oho grog end floor lovol of Gallorioc o/A rcadoc and d novoroand unnovorod pacooc
Parking Garage or Parking Structure: A structure containing vehicular parking, including
robotic and/or mechanical parking systems.
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Paseo: An access way public opcn cpacc restricted limited to pedestrian use and limited
controlled vehicular access that connectinqs streets, plazas, alleys, garages and
other public use spaces. Paseos must have a minimum width of 20' feet and may be
enclosed or otherwise secured. Paseos will remain open to the public during regular
business hours but may be secured during non -business hours.
Podium: That portion of a building up to the eighth Story 129 feet, as measured from the
average elevation of the crown of the adjacent right-of-way.
Porte Cochere: A vehicular entrance/drop-off area that includes a canopy element and a
driveway that extends into the First Layer.
Public Benefits Bonus: aAn advantage that allows a developer to increase FAR FLR by an
additional 7950% of FAR FLR capacity within the district Miami Worldcenter area in
exchange for the developer's contribution to specified programs that provide benefit,
advantages, and increased use and enjoyment of the district to the public.
Public Parking: A structured parking facility or portion thereof or garage available to the
general public for parking motor vehicles and bicycles.
Retail Frontage: Lot faces designated where the ground level is available for retail use.
Roof Structure: A structure above the Podium as described in the Development Standards.
Signature Tower: The Miami Worldcenter Signature Tower shall be a distinct and unique
Tower to be located on Tract A of the Miami Worldcenter Plat which shall front on NE
1st Avenue and maintain a minimum distance of 100 feet from any other Tower
located on Tract A as shown on the Regulating Plan within the Development
Standards.
constructed.
Story: A level within a building by which Height is measured.
Special District Permit: The Special District Permit shall be an administrative permit as
described in Section 3(c) of this Article.
Stepback: Offset in the facade of the Podium as depicted in the Development Standards.
Street Corridor: The space defined by the Streetwall (building facades) and the ground plane
in between the Streetwalls.
Streetscape: The urban cicmcnt that cstablichcs thc major part of thc public rcalm. The
for cars anal �ew ks r s f pede t-ianc�s w� as the amenities of the
roi--vac rrcr "� f"`^`� � c purr �v � �rr�QTIT mca�rmc
Frontages (street trees and plantings, benches, streetlights, paving, street furniture,
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Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage
Build to -Zinc, or coplanar with the Facade, often for the purpose of masking a parking
lot or other structure from the Thoroughfare.
Streetwall: Refers to the facades of buildings up to the first eight storicc, of the Podium that face
a Thoroughfare, as provided in the Design Development Standards. Streetwalls
shape the level of visual interest on each block and create a sense of enclosure for
pedestrians. Streetwall height is measured from the average grade of the sidewalk
level to the first building Setback from the Build to-Li-nc Base Building Line, as shown
in the Design Development Standards.
Tract A: The area encompassed and depicted in the Miami Worldcenter Plat and generally
bounded by NE 10th Street on the north, NE 7th Street on the south, NE 2nd Avenue
on the east, and NE 1st Avenue on the west and as shown on the Regulating Plan in
the Development Standards.
Thoroughfare: A vehicular way incorporating travel lanes for vehicles, parking lanes for cars,
acid cirlowalkc or pathc for podoctrianc ac part of an intornonnontorl notwork for
vehicular and pedestrian mobility.
Tower: That portion of a building that extends above the Podium, excluding Roof Structures as
described in the Development Standards.
any adjoining public sidewalk.
View Corridor: An axial view terminating on a natural, historical, or special feature.
6 Section 6 LOTS AND FRONTAGES
16.12.6.1 Section 6 (a) Buildable sites shall Enfront a vehicular Thoroughfare, or Civic Space
with at least one Frontage, as depicted in the Design Development Standards and Regulating
Plan.
16.12.6.2 Section 6 (b) For the purposes of the SD 16.3 Miami Worldcenter area, lots are
divided into Layers which control development on the lot.
16.12.6.3 Where the property to be developed abuts an existing building, the Planning Director
may approve, pursuant to a Class II Special Permit a transition so that the proposed bi iilding
location matches or provides a transition to the adjacent la iilding location
16.12.7 Section 7 MEASUREMENT OF HEIGHT
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16.12.7.1 Section 7 (a) Unless otherwise specified herein, the Height of Buildings shall be
measured in Stories. The #Height of fences, walls and hedges shall be measured in feet. The
Height of Building facades facing the street, fences, walls, and hedges shall be measured from
the Average Sidewalk Elevation or Base Flood Elevation as established by FEMA.
16.12.7.2 Section 7(b) A Story is a habitable level within a Building. Except as otherwise
provided in this eOrdinance, the maximum #Height of a Story from finished floor to finished floor
is 14 feet. Below grade Icvcis Basements that are fully below -grade are not considered
Stories for the purposes of determining Building Height.
16.12.7.2.1 Section 7(b)(1) A ground level retail Story may exceed the 14 foot limit up to 25
feet. A retail single floor level exceeding 20 feet, or 25 feet at ground level, shall be counted as
2 Stories. Where the first 2 stories are contain retail uses, their total the maximum combined
#Height shall be limited to 39 40 feet and the first floor shall be a minimum of 14 feet. Where the
first three stories are retail, their total maximum combined #Height shall be 5-9 60 feet and the
ground floor and second floor shall be a maximum of 39 40 feet in combined floor to floor
#Height. The three retail floors shall be counted as 3 Stories, and the total finished floor to
finished floor #Height of the Podium shall not exceed 129 feet.
16.12.7.2.2 Section 7(b)(2) Single floors within +e a Podium above ground level used for public
functions, such as ballrooms, meeting rooms, convention halls, classrooms, lecture rooms,
theaters, and sports facilities may have a single Story floor to floor #Height up to a maximum of
60 feet. The total finished floor to finished floor #Height of the Podium shall not exceed 129 feet.
16.12.7.2.3 Section 7(b)(3) Mezzanines are permitted. Mezzanines nding beyond larger
than thirty-three percent (33%) of the fFloor aArea of the floor platc Floorplate below shall be
counted as an additional floor.
16.1 74 Section 7(b)(4) A Parking Structure or a portion of a structure containing parking,
concealed by a Liner or aArchitectural element Screening Layer as provided in the Design Stan
dards and Regulating Plan may be equal to the Height of the Podium, without regard for the
number of Stories in the Parking Structure as further defined in the Development Standards.
16.12.7.3 Section 7 (c) Building Heights shall be measured in Stories and shall conform to
Table 3 and to the Design Development Standards. First -floor elevation shall be at average
Sidewalk grade. A first level Residential use or Lodging use shall be raised a minimum of two
(2) feet and a maximum of three and a half (3.5) feet above average sidewalk street grade,
except that entrance lobbies and public spaces may be at sidewalk level.
16.12.7.3.1 Section 7(c)(1) Except as specifically provided herein, the Height limitations of the
SD 16.3 Miami Worldcenter area shall not apply to (1) any ree# Structures for housing elevators,
stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the
Building (provided that such Structures shall not cover more than twenty-five percent (25%) of
roof area and shall not cxcced the maximum Height by 1'1 feet; (2) water towers, flagpoles,
vents, or similar Structures, which may be allowed to exceed the maximum Height by Class II
Special Permit Warrant; or (3) fire or parapet walls. Roof decks shall be permittcd up to the
maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet.
16.12.7.3.2 Section 7(c)(2) Except as provided in Subsection 7(d) 16.12.7.'l, there shall be no
#Height or coverage limits for (1) non-functional decorative architectural elements, and (2) solar
or wind energy collectors.
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16.12.7.E Section 7(d) No Building or other Structure shall be located in a manner or built to a
Height which constitutes a hazard to aviation or creates hazards to persons or property by
reason of unusual exposure to aviation hazards. In addition to any Height limitations established
by the SD-16.3 Miami Worldcenter area, limitations established by the Miami -Dade County
Height Zoning Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami
International Airport), as may be amended from time to time, shall apply to Heights of Buildings
and Structures.
A letter authorizing clearance from the Miami -Dade Aviation Department of and the Federal
Aviation Administration (FAA) may shall be required by the Zoning Administrator prior to the
issuance of any Building permit.
8 Section 8 BUILDING DISPOSITION
16.12.8.1 Section 8(a) Improvements on newly platted lots shall be dimensioned according to
Table 3 incorporated herein by referencc of the Development Standards.
16.12.8.2 Section 8(b) Lot coverage by any Building shall not exceed that shown in Table 3
incorporated herein by reference of the Development Standards.
16.12.8.3 Section 8(c) Buildings shall be disposed in relation to the boundaries of their lots
according to Table 3 incorporated herein by reference and the Regulating Plan.
16.12.8.E Section 8(d) Buildings shall have their principal pedestrian entrances on a Frontage
Build to Linc or from a GCourtyard at the Second Layer as depicted in the Design Development
Standards.
16.12.8.5 Section 8(e) For the first two GStories, Facades shall be along the Frontage a
minimum of seventy percent (70%) of its length en addressing the Build to-Linnc Setback Line as
shown in Table 3 and- the Design Development Standards.
16.12.8.6 Section 8(f) At the first Story, Facades along a Frontage Build to-Linnc shall have
frequent doors and windows as provided in the Design Development Standards. Vehicular
entries should be minimized to the maximum extent possible consistent with the level of use and
shall occur at a minimum spacing of sixty (60) feet unless a shorter distance is approved
deemed by Class II pecial Permit Warrant.
16.12.8.7 Section 8(q) Setbacks from the Back of the Curb Line Base Building Line for
Buildings shall be as shown in Table 3 incorporated herein by reference and the Regulating
Plan of the Development Standards. Setbacks from the Back of Curb Linc Base Building Line
may be adjusted to conform to an existing adjacent building location by Class II Special permit
Warrant. Frontage Setbacks from the Build to Linc Base Building Line above the eighth floor
Podium where for lots having have one dimension measuring one hundred (100) feet or less
may be a minimum of zero (0) feet by Class II Special permit Warrant. Lots abutting the FEC
Railway and the Metromover Rail may have a zero (0) Setback for the Podium and Tower. The
Frontage Setback from the Build to-Linc Base Building Line shall not be required for a Frontage
facing a Pedestrian Promenade, Plaza Civic Space, or a Street Corridor70 feet or greater in
width, as provided in the Regulating Plan and Design Development Standards. A heavily
landscaped and Streetscreened outdoor vehicle storage area may be located on NE 10th Street
between North Miami Avenue and NE 1st Avenue, by Warrant, having a reduced parking
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placement Setback of only 10 feet on all frontages.
16.12.8.8 Section 8(h) Above the cighth floor Podium, minimum building Tower spacing is sixty
(60) feet, except the Signature Tower which shall be spaced a minimum of one hundred (100)
feet, Tower to Tower. For lots having one dimension of one hundred (100) feet or less along a
street Frontage or its longest depth, side and rear Setbacks from non -Frontage lot lines above
the cighth floor Podium may be reduced to a minimum of twenty (20) zero (0) feet by Class II
Special Permit Warrant. ""tea—the—e+g th floor in tho SeeGIRGI—Layor at a Setback from tho
Build to Line of not Tess than ten (10) feet, an additional two stories of habitable space may
0
additional Setback from the Build to Line to accommodate depth of swimming pools,
FAR area
Section 8(i) Above the Podium, additional habitable space shall be permitted as described in
the Development Standards, Roof Structures.
16.12.9 Section 9 BUILDING CONFIGURATION
16.12.9.1 Section 9(a) Above the cighth floor Podium, the maximum Building Tower Floorplate
dimensions shall be limited as follows: detailed below. Length of Building shall be
measured parallel to the Frontage Line.
a. 18,000 20,000 square feet for Residential Uses.
b. 30,000 square feet for Commercial Uses and for parking.
c. Vertical mixed -use buildings with at least 33 10% of the Tower floors having 144
Commercial Uses may use the 30,000 square foot Floorplate average for the
entire Tower.
d. 180 feet maximum length of a side for Residential Uses.
e. d. 225 200 linear feet maximum Tower length of a side for Commercial Uses or
Residential Uses.
e. 22,500 square feet for Residential Uses and 225 linear feet maximum Tower
Floorplate length of a side for Residential Uses on Tract A.
f. The Signature Tower may contain a Floorplate of up to 27,500 square feet and
may have a maximum Tower length of 275 linear feet .
16.12.9.2 Section 9(b) Projections into the First Layer shall be as follows: Above the first story,
up to %2 of the Streetwall #Facade may project up to 6 feet into the First layer; Entry canopies
may project up to one hundred percent (100%) of the depth of the First Layer, except as may be
further allowed by Chapter 54 of the City Code; Canopies and cantilevered awnings may project
into the First Layer up to 15 feet; Above the first Story, cantilevered bBalconies and bay
windows may project a maximum 6 feet into the First Layer; Above the Streetwall,
bBalconiesand bay windows may project up to 6 feet into the setback from the Streetwall; Roof
cantilevers, trellises. and crowns may project up to 15 feet into the First Layer and be elevated
one sStory above the roof terrace; and, Facade components promoting energy efficiency such
as shading and Screening devices that are non -accessible may project a maximum of 4 feet into
the First Layer.
16.12.9.3 Section 9(c) Galleries and Arcades shall be a minimum of 15 feet wide deep and,
ttho City of Miami acme44€1od FRay-bveftap-the-wlable-wk4th-ef-the-S4Glelmal-k-te-withi-n-two-(2-}
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feet of the curb, except where the Gallery or Arcade is located under the Miami Dade County
Transit System, then the Gallery or Arcade may be reduced in conformance with that permitted
by the Miami Dade County Transit Authority. The #Height of an aArcade, measured to its lowest
point, shall be no less than its width.
16.12.9.1 Section 9(d) All outdoor storage, electrical, plumbing, mechanical, and
communications equipment and appurtenant 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.
16.12.9.5 Section 9(e) Loading Ddocks and service areas shall be internal to the building
served. Required Loading Spaces may be reduced by process of Warrant upon submittal of a
shared service management plan. Vehicular entries to loading docks and service areas shall be
as provided in the Design Development Standards, Parking, Loading , and Service Access
Diagram.
16.12.9.6 Section 9(f) All ground floor utility infrastructure and mechanical equipment shall be
concealed from public view. At the building Frontage, all equipment such as backflow
preventers, Siamese connections, 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 only
above the first second floor as shown described in the Design Development Standards.
Services and Utilities. Rooftop equipment, except antennas, shall be screened from lateral view.
16.12.9.7 Section 9(g) Within the Second and Third Layers, fences, walls and hedges shall not
exceed a height of eight (8) feet; this limitation shall not apply on top of the Podium.
16.12.10 Section 10 BUILDING USE & DENSITY
16.12.10.1 Section 10(a) Principal and accessory uses of Buildings shall conform to Article 4,
Table 3, Building Function: Uses, for T6-O, Urban Core. Zoning Ordinance 11000, Scctions
616.1 and 616.5, respectively. All uses permitted by Right (R), shall continue to be permitted by
Right. Open Air Retail (excluding Flea Markets), Large Scale Retail Establishments,
Colleqe/University, and Community Facilities shall also be permitted by Right. Alcohol Beverage
Establishments shall be permitted pursuant to Chapter 4 of the City Code. All other uses shall
conform to the necessary approval as described in Article 4, Table 3.
16.12.10.2 Section 10(b) Densities are permitted in accordance with Article 4, Diagram 9,
Residential Density Increase Areas within the Park West District, as amended. Lot Area,
inclusive of dedications, is used for purposes of calculating Density and Intensity. a Intensities
shall conform to Tablc 3 incorporatcd hcrcin by rcfcrcncc be equivalent to the following:
Floor Lot Ratio (FLR) (18)/50% additional Public Benefit
16.12.10.3 The calculation of the FAR shall not apply to on cite parking, to that portion of the
Frontages.
16.12.11 Section 11 PARKING STANDARDS
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16.12.11.1 Section 11(a) The required parking shall be calculated based on the Habitable
Rooms of each Use as follows:
USE
MINIMUM
MAXIMUM
Retail and Commercial
1 space / 1000 sf
1 space / 300 sf
Office
1 space / 1000 sf
1 space / 600 sf
Residential
1 space / dwelling unit
2 spaces / dwelling unit
Hotel
1 space / 4 guest rooms
1.5 spaces / guest room
Theater
1 space / 7 seats
1 space / 3 seats
Bicycles
1 rack / 20 required parking
N/A
spaces
Other
1 space / 1000 sf
1 space / 600 sf
16.12.11.1.1 Section 11(b) On -street parking in the SD 16.3 Miami Worldcenter area shall
count toward the minimum parking requirements.
16.12.11.1.2 Section 11(c) For residential uses located within 1,000 feet of an existing
Metromover stop, no off-street parking is required. Parking may be reduced as described in
Article 4, Table 4 of Miami 21, as may be amended.
16.12.11.2 Section 11(d) Vehicular parking design standards and loading shall be required as
shown in Table 1 incorporatcd hcrcin by rcfcrcncc of the Development Standards.
16.12.11.3 Section 11(e) Required Parking and loading is encouraged to shall be accessed by
an Alley when available and otherwise as provided in the Design Standards as detailed on the
Parking, Loading, and Service Access Diagram of the Development Standards unless approved
by Warrant.
16.12.11.E Section 11(f) All parking, including open parking areas, covered parking, garages,
IIoading docks and service areas shall either be located within the Third Layer or shall be
masked from the Frontage by: (1) an aArchitectural Screening (Layer per Sec. 12(d) 16.12.12.1
below, (2) a Liner Building or, (3) a Streetscreen, as illustrated in the Design Development
Standards and in a design to be approved by the Planning Director. Underground parking may
extend into the Second and First Layers only if it -is fully underground and does not require
raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps
to underground parking shall be within the Second or Third Layers.
16.12.11.5 Section 11(g) The vehicular entrance of a parking lot or garage on a Frontage shall
be no wider than 45 feet ai the minimum distance between vehicular entrances shall be sixty
(60) feet. A ten percent (10%) deviation may be approved by Class II Special Permit.
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16.12.12 Section 12 ARCHITECTURAL STANDARDS
16.12.12.1 Section 12(a) Only permanent &Structures shall be allowed. Temporary &Structures
such as mobile homes, construction trailers, travel trailers, recreational vehicles and other
temporary structures shall not be allowed except as otherwise provided by Articic 3 Chapter 62
of the City Code.
16.12.12.2 Section 12(b) The Facades on Retail Frontagcs Frontage Lines shall be detailed as
storefronts and glazed with clear glass beginning no more than 30" above the sidewalk and
extending no less than seventy percent (70%) of the length of the sidewalk -level Story and any
second floor facade containing pedestrian active use as provided in the Design Development
Standards, except retail establishments with a ground floor area of 35,000 square feet or more
shall be detailed as storefronts and glazed with clear glass beginning no more than 30" above
the sidewalk and extending no less than fifty percent (50%) of the length of the unencumbered
Facade. Display Windows +I4 on Retail Frontages Frontage Lines must be a minimum of three
(3) feet in depth, must include three-dimensional displays, should include visibility into the retail
space. and must be accessible from the insides stated herein. Display Windows are areas of
storefront glazing that are designed to display items for sale within the retail space behind the
display. Security screens shall be seventy percent (70%) open.
16.12.12.3 Section 12(c) Roof materials should be light-colored, high albedo. or planted
surface and shall be designed in accordance with the regulations in Section 3.13.2 of the
Zoning Ordinance.
16.'' .4 Section 12(d) The Facade of a parking garage that is not concealed behind a
Habitablc Liner shall be screened behind an Architectural &Screening 1Layer recessed at least
two (2) feet from the outside face of along the Facade to conceal all internal elements such as
plumbing pipes, fans, ducts, ceilings, slab beds edges and lighting, as illustrated in the Design
Development Standards. The architectural expression shall complement and enhance the
building. Ramping should shall be internalized whercvcr po:..iblc. Exposed spandrels shall be
prohibited. Spandrels that are integrated into the wall system shall be permitted. Spandrels are
considered to be integrated when there is no open space adjacent to the spandrel(s); the intent
is to integrate the spandrel into the wall system, and to screen interior elements form view. As
depicted in the Development Standards, parking may extend into the Second Layer above the
second Story if an Architectural Screening Layer is provided for one hundred (100%) percent of
that portion of the Podium Facade.
16.12.13 Section 13 LANDSCAPE STANDARDS
16.12.13.1 Section 13(a) The First Layer shall be surfaced and landscaped as shown in the
Design Development Standards.
16.12.13.2 Section 13(b) Public Open &Space shall be a minimum ten percent 00%1 of the
total gross Net- Lot -a Area. A minimum of ten percent 110%1 of the public open space shall be
landscaped, as provided in the Design Development Standards and Regulating Plan.
16.12.14 Section 14 SIGN STANDARDS
Notwithstanding any other provision of the City GCode and Zoning Ordinance 11000, signs shall
be permitted in the SD 16.3 Miami Worldcenter area in accordance with the Development
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Standards, and consistent with the intent of Article 10, Table 15 of the Zoning Ordinance, as
applicable to T6-O must he approver! by Class 11 permit Warrant either for an individual sign or
a Master Sign Package.
Approval of an individual sign or a Master Sign Package, including deviation from Article 10,
Table 15 of the Zoning Ordinance, shall be by Warrant.
16.12.15 Section 15 AMBIENT LIGHTING STANDARDS
16.12.15.1 Section 15(a) Average lighting levels measured at the Building Frontage shall not
exceed two (2) foot-candles except where a greater level is approved by a Class II Special
Permit Warrant.
16.12.15.2 Section 15(b) Streetlights shall be of a type illustrated in Tthe Design Development
Standards. Interior garage lighting fixtures shall not be visible from streets.
16.12.16 Section 16 CIVIC SPACE
At least twenty percent (20%) of the required public eOpen &Space in the SD 16.3 Miami
Worldcenter area shall be assigned to Civic Space, as described in Table 2 incorporated herein
by reference and of the Design Development Standards.
16.12.17 Section 17 ALLOWABLE INCREASES IN FAR FLR FOR PROVIDING PUBLIC
BENEFITS
16.12.17.1 Section 17(a) The intent of this section is to provide bonus building capacity in the
SD 16.3 Miami Worldcenter area in exchange for the developer's contribution to specified
programs that provide benefit and enjoyment to the public. A bonus of an additional seventy fif�t tr
percent (74 50%) of FAR FLR capacity shall be permitted if the proposed development
contributes to the specified programs below in the amount and manner set forth herein in
Section 3.14 of the Zoning Ordinance. The percentage increase shall be based on the approved
square footage for the project, including all bonuses approved pursuant to other provisions of
Ordinance 11000 as amended
rn ,
16.12.17.2 Affordable/Workforce Housing
0
contributing to the Affordable Housing Trust Fund, or by providing oncitc Affordablc/Workforcc
ho, ,sing ac that term is defined by the City
,
16.12.17.2.1 Trust Fund Contributions
A developer may acquire one additional square foot of buildable space for coach nonrefundable
the time of building permit application) to the Affordable Housing Trust Fund administered by thc
City of Miami. Future adjustments to the amount of contribution per square foot of buildable
space in the SD 16.3 Worldcenter area shall be consistent with the per square foot contributions
for other properties within the Southeast Overtown / Park West CRA boundary.
16.12.17.2.2 Affordable/workforce housing on the site of the development
For each square foot of affordable/workforce housing provided on site, thc development shall be
allowed two square feet of additional buildable space.
16.12.17.3 Public Open space
City of Miami File Id: 08-01015ztl (Version_ 3) Printed On: 9/18/2014
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For every square foot of public opcn space that a projcct provides onsitc in cxcc of the
required amount of public open space, thc development shall —be—all wed 29 t es
development capacity of the land provided. The open space may be
Table 2, or part of the Streetscape, per the Design Standards.
16.12.17.E Section 17(b) Sustainability
Fifteen (15) percent additional FAR capacity shall be allowed for buildings certified by the U.S.
Green Building Council as LEED certified. If the City adopts a sustainability program, the 15%
bonus for the minimum standard for the SD 16.3 Miami Worldcenter area shall match the City's
minimum standard for ccrtification. Additional incrcmcnts of FAR capacity provided undcr the
City program for LEED certifications at higher than the minimum standard shall be added to the
base 15% established herein. (For example, if silver ccrtification is adopted by thc City as the
minimum standard with a 2% increase in floor area to go from silver to a gold prevents in Oho
SD 16.3 Worldcenter area would receive a 15% increase for meeting the minimum silver
standard and a 17% increase for meeting the gold standard\ If at the time the first Certificate of
the anticipated LEED certification_has not been achieved, then the owner shall post a
performance bond in a form acceptable to the City of Miami. The performance bond shall be
determined based on the value of land per square foot of building in the area of the City in which
conditions. The methodology for determining the value of land per square foot of building shall
be maintained in the Planning Department. The City will draw down on the bond funds if LEED
issuance of the Certificate of Occupancy for thc building. Funds that bccomc available to the
City from the forfeiture of the performance bond shall be placed in the Affordable Housing Trust
Fund. All buildings in the Miami Worldcenter area shall be certified by the United States Green
Building Council ("USGBC"), at a minimum, as LEED Silver, or by an equivalent certification
agency approved by the City, within a year after obtaining a certificate of occupancy or its
equivalent.
16.12.17.5 Streetcar Infrastructure
A developer in the SD 16.3 Miami Worldcenter district may select to contribute and build the
in exchange for an equivalent bonus into one of the other Public Benefits.
16.12.18 Section 18 „ ysesti„r part „f aeeti„r paragraph cla co phraco „r word „f this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
In the event of a conflict between the text of Appendix D and the visual charts, graphics, and
maps comprising the Development Standards, the text shall control.
*11
Section 4. If any section, part of a section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
City of Miami File Id: 08-01015ztl (Version_ 3) Printed On: 9/18/2014
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
File Number: 08-01015zt1
Florida, as amended, which provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other appropriate word to accomplish such
intention.
Section 6. This Ordinance shall become effective immediately upon adoption and
signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnote
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted an unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami File Id: 08-01015ztl (Version_ 3) Printed On: 9/18/2014
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APPENDIX D: MIAMI WORLDCENTER
MIAMI
WORLDCENTER
DEVELOPMENT STANDARDS
AUGUST 20, 2014
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M IAM 121 APPENDIX D: M IAM I WORLDCENTER
TABLE OF CONTENTS
I. Introduction Page 2
II. Regulating Plan Page 5
III. Street Design Page 8
a. Street System
b. Parking, Loading, and Service Access
c. Streets
i. NE 1st Avenue
ii. NE 2nd Avenue
iii. N. Miami Avenue
iv. NE 6th Street
v. MWC Promenade (formerly NE 7th St)
vi. NE 8th Street
vii. NE 9th Street
viii. NE 9th Paseo
ix. NE 10th Street
x. NE 11th Street
xi. FEC railway corridor
d. Typical Intersection
e. Typical Raised Intersection
IV. Building Design Page 32
a. Building Continuity
b. Architectural Scaling Elements
c. Building Materials and Finishes
d. Building Entries
e. Fenestration
f. Roofs
g. Services and Utilities
h. Lighting
i. Awnings and Canopies
j. Balconies and Terraces
k. Signage
I. Parking
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS •
1
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APPENDIX D: MIAMI WORLDCENTER
I. INTRODUCTION
2
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APPENDIX D: M IAM I WORLDCENTER
INTRODUCTION
OVERVIEW The Miami Worldcenter is a multi -block mixed -use development immediately north of
the Central Business District in downtown Miami. It is generally defined by NE 2nd
Avenue to the east, North Miami Avenue to the west, NE llth Street to the north, and
NE 6th Street to the south.
Spanning over thirty acres, the Miami Worldcenter is planned to include a dynamic mix
of retail, restaurant, entertainment, hospitality, residential, office, and other uses that
will create a vibrant, walkable pedestrian environment with a unique sense of place and
a modern design statement driven by Miami's unique physical context, culture, and
architectural heritage.
INTENT The Miami Worldcenter Development Standards will establish appropriate standards
for the design of streets, public spaces, and buildings within the MWC Special District
area. These Development Standards shall be considered the guiding principles for all
new development.
CONCEPTUAL RENDERING
Artist rendering of
project looking west
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 3
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APPENDIX D: MIAMI WORLDCENTER
Diagrams and Illustrations
Map 1
location of the Miami Worldcenter site
Government
Buildings
Performing
Arts Center
L.v
Miami Dade
College
Miami =—
WorldCenter
Site 1
American
Airlines
Arena
0 100 200 400
4
• MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
II. REGULATING PLAN
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APPENDIX D: M IAM I WORLDCENTER
REGULATING PLAN
OVERVIEW The Miami Worldcenter project was guided by the goal of establishing a memorable,
pedestrian district with a strong integrated public realm. This includes an interconnected
system of well-defined streets, plazas, promenades, paseos, and other pedestrian
spaces tailored to Miami's climate.
INTENT The regulating plan for Miami Worldcenter summarizes the general configuration of
the open space within the site area, including major civic spaces, publicly accessible
sidewalks, paseos, and pedestrian -only thoroughfares. The regulating plan also defines
the location of open spaces and significant towers within the district.
6
• MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
Diagrams and Illustrations
REGULATING PLAN
----NE 1'LC1 atmst
.
Block B
-----1,E-3ERUIN
' "1
Block E
M'WC Promenade
Block G
EEC Rail Easament
Block A
Block C
Block D
Block F
MVVC Promenace
Block H
EEC Rail Easement
A
1
H1
1
Tract A
--NE-Nth Street -
Obit
OPEN SPACE PROVIDED
OPEN SPACE (FORMER RIGHT OF WAY)
• LOCATION OF PLAZA OPEN SPACE
NOTE: HE 4.000 SE AND 20A00 SE PUBLIC OPEN SEATES
GENERALLY LOCATED ABOVE NILL BE'RO\DED PER
DEELOPMENTAGREEMENT AND DETAILED IN OPEN SPACE
EASEMENT AGREEMENT.
• SIGNATURETOWER
BRIDGE
TRACT A
0 50' 100' 200'
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS •
7
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APPENDIX D: MIAMI WORLDCENTER
III. STREET DESIGN
8
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APPENDIX D: M IAM I WORLDCENTER
STREET SYSTEM
OVERVI EW
STREETS
NE 1st Avenue
Page 13-14
NE 2nd Avenue
Page 16-18
N. Miami Avenue
Page 15
NE 6th Street
Page 19
MWC Promenade (formerly NE 7th)
Page 20-21
NE 8th Street
Page 22-23
NE 9th Street
Page 24-25
NE 10th Street
Page 26-27
NE llth Street
Page 28
FEC Corridor
Page 29
A unified street system with a clear hierarchy has been developed at Miami Worldcenter.
Narrow streets set the stage for larger, more significant streets, each street having a
distinct personality and function to create a range of experiences. This will include
variation in scale, enclosure, materials, sidewalk width, and retail character.
Designated as a prominent street at Miami Worldcenter, NE 1st Avenue serves as a
primary connection from the Central Business District and Downtown.
A gateway street defined by the elevated Metromover train and intense residential
development along the east side of the street near Biscayne Boulevard. Improvements
to areas around the Metromover are contemplated to improve the pedestrian experience
and to improve transit ridership and accessibility.
A north -south neighborhood gateway street providing linkages to the Central Business
District and the Omni Neighborhood.
East -west perimeter street with a strong connection to the Port of Miami.
Pedestrian -only promenade with retail and restaurant activity, connecting the American
Airlines Arena to the east and the future FEC development to the west.
Major east -west street connecting the American Airlines Arena and the Biscayne
Waterfront to the Overtown Transit Village and 1-95 to the west.
East -west street, a portion of which will be a covered pedestrian Paseo.
A Tree -lined street that provides an east -west linkage between the Overtown
Neighborhood and Museum Park.
Mixed -use street with a focus on entertainment uses.
Existing freight rail corridor between the MWC Promenade and NE 6th Street.
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
Diagrams and Illustrations
STREET SYSTEM
street plan for the Miami Worldcenter site
r
r
Streets
MWC Promena e
Paseos
10 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
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APPENDIX D: MIAMI WORLDCENTER
PARKING, LOADING, AND SERVICE ACCESS DIAGRAM
PARKING &SERVICE DIAGRAM
SERVICE ACCESS
PARKING ENTRANCE AND EXIT
PARKING EGRESS ONLY
NW 10th Street
NW 8th Street
For Ilkistra>Ha ourooses onN. Final b1J kind and landscape lesion shall be In ac o denoe wit ks arts Dan annual.
Diagrams and Illustrations
OL.
E 1 Street
9t Street
E 7t Street
NE 6th Street
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 11
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APPENDIX D: MIAMI WORLDCENTER
NE 1STAVENUE
Illustrative Street Section
NE 1ST Avenue
Non -Habitant
Level 9
Level 9
Level 7
Level 6
Level 5
Level 4
Level 3
Level 2
RBietl or Other
Active Use
Podium iAecc 1;
Proposed Sidewaix
1IY
Prc sed Sire€;
95
Proposed
ma'x
Base Burldng Lino
}19
I. Layer
tree[ sec<lon (Iooiong norbj
TOwer
Non -Hatable
Level
IBM
Level?
Lard
Level
Level
level a
Level2
Retail or Other
AclNe Use
1
1
1
+
Ill
_
I i
1�
' .1
t
i
'
f
P 1
I 1
1
1
i
M
I�
Plan
19
Street Condor
For Illustrative purposes �. Foal building and landscape design shall be m accardece wilh is site plan approval.
a
p
12•MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
NE 1STAVENUE
Illustrative Street Section
NE 1ST Avenue @ plaza
Tow
Nohaplanle
Level
Lend 7
Level 6
Level 5
Level
Lavel3
Lend 2
Retail or Other
Actne Use
satelsection (i>nikg Borth)
Pxfun Max 129'
Fula
4
ks
TM%
NarHala ble
Lent
Lent 8
Level?
Lerei 6
leaei 5
Later 4
Level2
Rant or Other
Aare Use
Proposed Slama,k Proposed StsA Proposed Sidexell
ltl 95' oe
r9 LayPK Base Btildirg Lbie
Street Cored&
-1
f4',
l.
I
I
• r.
I�
I
I
o
,m.
I
I
I
u
o-
I
i
Plan
For Il ushative purposes ndy. Axial building and Lsndscape design shall be In accordance vdlh Its she pen approval.
Street Condon
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 13
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APPENDIX D: MIAMI WORLDCENTER
NE 1STAVENUE
Illustrative Street Section
NE 1ST Avenue - NAP of the Americas
Future development
Podium Max.129`
Line or Wittig beyond -H
%pier
Non-Habilette
Laval
Lave] 8
Level 7
Laub 6
Laval
Level d
Laos! 3
Laud 2
street section (ooking vres1)
I
�
ft!L)
I I.
I
I
Q
If
I.
iI
Plan
Shed Wilder
For Irlustraave purposes only. Find busking and landscape design shall be In accordance vvih Is site plan approval.
14•MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
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APPENDIX D: MIAMI WORLDCENTER
N. MIAMI AVENUE
Illustrative Street Section
North Miami Avenue
street section (poking north)
i
�
G
�
�
G
I 1
I
*11.1111
I!
Plan
Shoe .Corridor
Fa; Illustrative purposes orgy. Feral binding and landscape design shall be In accordance w th Is stte plan approval
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 15
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APPENDIX D: MIAMI WORLDCENTER
NE 2ND AVENUE
Illustrative Street Section
NE 2nd Avenue
Tower
Level 9
Laud B
Level T
Level 6
Levels
Level
Laud
Level
Level
Ealing Street
d5'
Base Buklrrg IJ'k
95
Street Corodor
street section (looking north)
1
1
plan
9E
Steel Corndor
For Illustrative purposes only. Fred bur dir t and landscape design shall be hi accordance with Its site plan approval
16 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
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APPENDIX D: MIAMI WORLDCENTER
NE 2ND AVENUE - ALTERNATE
Illustrative Street Section
NE 2nd Avenue - Alternate
street section (locoing north)
IN
g
IX
I
Wag
95'
Sheaf Corridor
For Iiustrat a purposes only. AM bolding and landscape design shall be In accordance with is see plan approval
p
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 17
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APPENDIX D: MIAMI WORLDCENTER
NE 2ND AVENUE - GATEWAY PLAZA
J '
Refer IoPvnpBndai D -
Developrnen° Slardards
Section 4 Rool l iemght
max_ 77
;reel sedan (looking rod)
min. Ea
For IllusdaVae purposes only. Final building and lardscape design shall be aocordaricevoli its site plan approval
Illustrative Street Section
------- --_ -
; I
I
r
ram_.
Line of dcpment
beyor d. No setback rrom
BBL regvred along
3 Metramover FI
s I
18 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
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APPENDIX D: MIAMI WORLDCENTER
NE 6TH STREET
Illustrative Street Section
NE 6th Street
7
1
I
II
l
Ppdurn Mror. 129
Tower
Nye
Lerel9
Leval A
Level 7
Level ti
Level 5
Level
Level 3
street section (Yooldngweslj
l
II
7
II
H
II
II
c
l
II
^I
Plan
85
Sheet Corridor
For Illustrative purposes only. Fmel budno and landscape deslpn gall be in accordance wish is site plan amoral
1
I
1*
I
Gil 1
de
yp
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 19
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APPENDIX D: MIAMI WORLDCENTER
MWC PROMENADE (FORMERLY NE NTH STREET)
MWC Promenade
Plan
65'
Pedestrian Condor
For Illustalive purposes adv. Fuel bmldIrtp and landscape deslen shall be In accordance with tts site ratan amoral
Illustrative Section
20 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
MWC PROMENADE (FORMERLY NE NTH STREET)
MWC Promenade
Tower
Non-Habi'able
Level 9
Leval 8
Level 7
Level 6
Level 5
Level 4
Pod um Max. 129
Reler to Appendix D -
Developmeni Standards
Sector 4 Rows
Pacium Heght
mak 70
(min.60) r
Level
Level 2
Retail or Olrrer
Active Use
Bridge
Bndye
Level 3
Level
Re+.ail or Other
Achim Use
section (+coking east)
p
90
Pedestrian Comdor
For Illustrative purposes emir. Final butting and landscape design shall be in accordance with is site plan approval
Illustrative Section
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 21
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APPENDIX D: MIAMI WORLDCENTER
N E 8TH STREET
Illustrative Accessway Section
NE 8th Street
-0
C
�
e
1
__
1
-0
pn
76
Acoessway
For Illustrative purposes ply. Fire) builrsng and landscape design Shall be In accordance with Is sloe plan approval.
22•MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
N E 8TH STREET
NE Bth Street
Illustrative Street Section
Non-Habllaele
40518
Level 7
Level
Level 5
Level 4
Level
Level 2
Retail ax Other
Active Use
I'adoem Mac 129
I
1
I
I
� n
Plan
Meet Caxrida
For IIIu5thalne pl rpbseS boy. Final 6UOev0 and landscape 025ign snail be it abeaidence yNt11 it SRe plan appdvel.
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 23
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APPENDIX D: MIAMI WORLDCENTER
Tourer
Level 9
Level 8
Level?
Level6
Levels
Level 4
N E 9TH STREET
Illustrative Street Section
NE 9th Street (Between 1st & North Miami Avenue)
10'
if
setback
Podium Max 129'
Habitable uses
Level 3
Level
Retail or Other
,Active Use
beet section Mekong west}
I I
II
I
iI
G
—:
. , a
I
I
k
Plan
58'
Street Corridor
For Illustrative purposes Dory. Feret bmidinp and landscape design shalt be in accordance with its srle elan approval.
keY Plan
24•MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
N E 9TH PASEO
Illustrative Street Section
1]
4
section (loolung west)
saw
Nm-Habtable
Level 9
Leve18
Level 7
Level 6
Level 5
Level 4
Level3
Retail
Lit
to
Paseo
For Illustrative purposes wk. Foal budk na and landscape design shall be In accordance wilh is site plan annroval.
Podiim max. ' 2g
1.1
Hill
11
I
-
E e
i_, liig
I
it......1
1.t
- ...-
*Pan
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 25
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APPENDIX D: MIAMI WORLDCENTER
NE 1OTH STREET
Illustrative Street Section
NE 101h Street
streer section (ladling wes1J
il
91i
Street Corridor
For Illustrative purposes only. Friel buddn and landscape design shall be in accordance Wilk Is site plan approval.
karpn
26 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
NE 1OTH STREET
Illustrative Street Section
NE 10th Street
street section (roo4 ing west)
�
C
l
-
80
Street Conimr
For Ildrstra[ive purposes only. Final hulking and landscape design shall be in amordance with is Me plan approval.
key plan
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 27
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APPENDIX D: MIAMI WORLDCENTER
NE 1 1TH STREET
Illustrative Street Section
NE iith Street
sisection ng
i
i
•
Plan
75'
Street Corridor
For Illustrative Ierooses anN. Final buidlnl and }ar>dscaoe deslon stall be In accordance wish Its site Dien mom/.
k Pler
28 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
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APPENDIX D: MIAMI WORLDCENTER
FEC RAIL CORRIDOR
Illustrative Street Section
FEC
Tower
Non -Habitat*
Level 9
Leeel8
Level 7
Level 6
Level 5
Leal 4
Level 3
Level 2
Lead
sectlm (loodr>gwestj
pn
No qPitlArk Required
For Entire FEC FLOW
'T;
75' ROW_
Fow INustrative purposes only. Final puking and landscape design shall be In accordance wtlh is sie plan approval
Tower
Non-kajilahle
Levet 9
Level S
1847
Level 6
Ike
Loret 4
Leve:2
Levu 1
*Plan
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 29
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APPENDIX D: M IAM I WORLDCENTER
TYPICAL INTERSECTION
OVERVI EW
Street intersections at Miami Worldcenter may be designed to create a pedestrian -friendly
environment. Curb extensions may be utilized to protect pedestrians and minimize
crossing distances. Enhanced paving materials and raised intersections may be utilized
to further improve the pedestrian environment. Quality materials are encouraged.
Minimize curb radius to minimize pedestrian crossing distance and reduce automobile
DESCRIPTION speed (approximately 25' radius).
Curb extensions at intersections and selected mid -block crossing zones
N
EXAM PLE
Seattle, WA
V
30 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: M IAM I WORLDCENTER
TYPICAL RAISED INTERSECTION
OVERVI EW
DESCRIPTION
EXAM PLE
Street intersections at Miami Worldcenter may be designed to create a pedestrian -friendly
environment. Curb extensions may be utilized to protect pedestrians and minimize
crossing distances. Enhanced paving materials and raised intersections may be utilized
to further improve the pedestrian environment. Quality materials are encouraged.
Minimize curb radius to minimize pedestrian crossing distance and reduce automobile
speed (approximately 25' radius).
Curb extensions at intersections and selected mid -block crossing zones.
r
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
IV. BUILDING
DESIGN
32 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: M IAM I WORLDCENTER
BUILDING CONTINUITY
INTENT • To establish a high standard of excellence in building design.
• To develop a district with a distinct sense of form and place.
• To avoid the development of streets with varying levels of design quality.
STAN DARDS
EXAM PLE
Peninsula Hotel
N. Michigan Ave, Chicago
Individual structures shall be continuous in design with no street facing side unimproved.
Architectural details (including roof lines, cornices, and parapets) shall continue around
all sides ofa structure.
Comparable materials shall be used on all sides ofa structure.
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
ARCHITECTURAL SCALING ELEMENTS
INTENT • To avoid large areas of undifferentiated or blank building facades.
• To create a comfortably scaled and thoughtfully detailed pedestrian environment
through the use of well -designed architectural forms and details.
• To create building facades that take advantage of Miami's sunny climate to reinforce
changes in plane, material texture, and detail through the interplay of light and
shadow.
STAN DARDS Architectural scaling elements should be used to reduce the appearance of large
building facades. Variation in building scaling may include changes in wall plane or
height and may relate to primary building entries, important corners or other significant
architectural features.
Architectural detail may relate to but not necessarily mimic traditional building details,
such as pilasters and belt courses, to establish a human -scale vocabulary.
Balconies and terraces are strongly encouraged for residential uses. These elements
shall be incorporated into vertical and horizontal shifts and building massing wherever
possible.
EXAM PLE
San Diego, CA
Balconies incorporated into projecting
bay windows
34 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
Examples
ARCHITECTURAL SCALING ELEMENTS
lin MI
IRO
MUM
Lumina Building, London
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
BUILDING MATERIALS AND FINISHES
INTENT • To encourage human scaled buildings through the use of smaller material modules.
• To ensure the consistent use of high quality materials appropriate to the urban
environment.
• To promote the use of environmentally responsible building materials.
STAN DARDS All building materials to be used shall express their specific properties. For example,
heavier more permanent materials (masonry) generally support lighter materials (stucco
and glass).
Building materials at the lower floors shall respond to the character of the pedestrian
environment through such qualities as scale, texture, color and detail.
Building materials shall be selected with the objectives of quality and durability within
an urban context.
The use of recycled, locally produced, and energy and resource responsible building
materials is encouraged.
EXAM PLE
Quality building materials used for
storefront in Paris, France
36 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
Examples
BUILDING MATERIALS AND FINISHES
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
BUILDING ENTRIES
INTENT • To enhance the scale, activity, and function of building facades by orienting building
entries to streets and other public spaces.
• To reinforce the convenience of pedestrian activity and circulation along the street
by creating multiple external, street oriented entries to ground floor,
pedestrian -active uses.
STAN DARDS Entries to ground floor uses shall be direct and as numerous as possible to encourage
active pedestrian use.
Each commercial use with an exterior, street -oriented exposure shall have an individual
public entry from the street.
All street -oriented building entries shall be directly connected to the public sidewalk via
paved walk, stair, or ramp.
Primary building entries shall be emphasized by recessing the door a minimum of3'-0",
changes in wall plane or building massing, differentiation in material and/or color and
greater level of detail.
Entries shall be well lighted to announce the principle use and to provide for safety and
security.
EXAM PLE
Trilogy Building
Boston, MA
38 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: M IAM I WORLDCENTER
FEN ESTRATI O N
INTENT
STAN DARDS
• To provide a high degree of transparency at the lower levels of building facades.
• To maximize the visibility of pedestrian active uses.
• To provide an active, human scaled architectural pattern along the street.
• To establish a pattern of individual windows and exterior openings within building
facades that provides a greater variety of scale through material variation, detail and
surface relief.
The Facades on retail Frontages shall be detailed as storefronts and glazed with clear glass
no less than seventy percent (70%) of the linear ground floor facade and any second floor
facade fronting pedestrian -active uses such as breezeways, hallways, or bridges, and shall
be constructed of transparent materials, or otherwise designed to allow pedestrians to
view activities inside the building or displays related to those activities. Security screens
shall be seventy percent (70%) open.
For retail stores with an area of 35,000 sf or more along Frontages, the required area of
glass in a retail facade shall be equal to 50% of the length of the unencumbered facade
times 12' in height. For purposes of satisfying this glass requirement, the area of glass
can be measured to a height of 16' above grade.
No reflective coating shall be on the exterior surface of the glass.
Transparent glass shall possess a minimum 60% light transmittance factor.
No portion of the facade shall be of highly reflective glass (maximum reflectance factor
of .25).
Inclusion of human scaled proportions and elements in fenestration patterns, architectural
detail, surface relief, texture and materials shall be encouraged.
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
ROOFS
INTENT
STAN DARDS
EXAM PLES
A variety of vegetation, terraces, and
other amenities can be used to create
different rooftop spaces.
• To integrate all building systems within a complete architectural form.
• To develop roof forms that will make a positive contribution to the streetscape and
to the Miami skyline.
• To activate roofs with active uses, such as restaurants, bars, tower amenities, sports
fields and gathering areas, and green spaces.
• Encourage rooftop terraces and open spaces for the enjoyment of residents.
• Encourage green roof design to reduce "heat island" effect.
General Standards:
• All mechanical, electrical and telecommunications systems shall be screened from
view of surrounding streets, public open spaces and structures.
• At least 25% of aggregate roof areas for the projects (excluding tower footprints and
areas utilized for mechanical equipment) shall be planted as "green" roof gardens or
public terraces (amenity decks). Remaining roof areas shall use light-colored/high-
albedo materials.
• Any screening devices employed to conceal mechanical equipment shall be consistent
with the architectural character and composition of the building.
• A Roof Structure is an enclosed habitable space.
• Towers shall be spaced at least 60' apart.
Roof Structures (also refer to Roof Diagram on Page 41)
Roofs that are 30,000 square feet or larger may include Roof Structures. All Roof
Structures shall be developed in accordance with the following standards:
• Roof Structures which include habitable uses shall be counted towards the
permissable FLR.
• Roof Structures may cover up to 40% of the roof, excluding tower footprints.
• Roof Structures shall be limited to two (2) stories and no more than 40 feet in height.
• Roof Structures shall be located at least 30 feet in distance from an abutting Tower
on the same Roof or Podium.
• RoofStructures must be set back at least 10 feet from the edge ofthe Roof or Podium.
• Roof Structures shall be located at least 30 feet in distance from an abutting Roof
Structure on the same Roof or Podium.
40 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
ROOFS
ROOF DIAGRAM
This diagram illustrates potential areas
for roof structures (shown in gray)
and minimum setbacks for towers
and roof structures.
Note: No other tower can be closer than
100' to the Signature Tower.
Note: Roof Structures may cover up
to 40% of the roof, excluding tower
footprints.
10' SETBACK FROM EDGE
OF ROOF OR PODIUM
30'-0"
J
60'-0"
TOWER
TOWER
CD
J
r
10' SETBACK FROM EDGE
OF ROOF OR PODIUM
* For illustrative purposes only. Final building configuration and location shall be in accordance with site
plan approval.
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
SERVICES AND UTILITIES
INTENT • Minimize the visual impact of building services and utilities on the public realm.
• Provide safe and convenient access for loading, maintenance, and utilities.
STAN DARDS Loading bays and service entrances shall not exceed 45' in width (except by Warrant).
Loading and service entrances are discouraged along NE 1st Avenue (refer to "Parking,
Loading & Service Access Diagram on page 11"). The spacing of parking garage
entrances shall not be less than 60' (except by Warrant).
Mechanical equipment and exposed utilities should be located on building roofs or
within the building envelope whenever possible to preserve the public realm. These
elements should be incorporated into the overall building design and should not be
visible from the public right-of-way.
Exhaust louvers and air fans must be located above the 2nd Floor and are prohibited
along any portion of a building facing the MWC Promenade. This restriction includes
any walls that are not parallel to the street or are set back from the face of adjoining
buildings.
42•MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
Diagrams and Illustrations SERVICES AN D UTI LITI ES
Garage Entrance Spacing
RAM P
1:12 MAX
FLUSH
RAMP 1:12 MAX
FLUSH
RAMP
1:12 MAX
FLUSH
Service Entrance Drive
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APPENDIX D: M IAM I WORLDCENTER
LIGHTING
INTENT • The use of lighting should be integrally designed as part of the built environment
and should reflect a balance for the lighting needs with the contextual ambient
light level of the surrounding area.
• Lighting intensities should be controlled to assure that light spillage and glare are
not directed at adjacent properties, neighboring areas, motorists, or the sky.
STAN DARDS Building lighting should primarily be utilized to highlight special architectural features,
building entries, and to illuminate sidewalk areas. Architectural lighting that results in
"hot spots" should be avoided.
Sidewalk lighting shall be designed for an average of 1.0 foot-candle horizontally and
vertically, as measured 6'-0" above ground, and shall maintain a uniformity ratio not to
exceed 5:1 (note: these numbers are in accordance with the Illumination Engineering
Society of North America Handbook, Ninth Edition)
Full cut-off fixtures and shielding shall be utilized to effectively control glare and light
trespass.
Building lighting shall be carefully located so as not to shine into residential living space
(on or off the property) or into public rights -of -way.
Internally -illuminated awnings are not permitted.
Lighting fixtures should be appropriate to the style of architecture or aesthetically
concealed from view.
LED lighting integrated into building glazing will be allowed as part of an overall signage
plan approved by Warrant.
EXAM PLE
Effective lighting strategies from Paris
and Miami Beach
44 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
Examples LIGHTING
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
AWNINGS AND CANOPIES
INTENT • Encourage the use of awnings, canopies, and porte cocheres to provide visual
interest, protection from the elements, and a sense of enclosure.
• Encourage awning and canopy designs that complement and enhance the
architecture of the building which they serve.
• Encourage sun shading devices for public spaces, balconies, and roof terraces.
STAN DARDS Awnings and canopies should be used primarily for weather protection.
Internally -illuminated awnings are not permitted.
The minimum height of awnings and other ground level canopies shall be 8'-0" from the
lowest point to the sidewalk.
Awnings should typically be constructed of metal, canvas, or other high quality materials.
No plastic or vinyl materials are permitted.
EXAM PLE
The awnings help to shade this cafe
area while creating an atmosphere of an
outside room.
46 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
Examples
AWNINGS AND CANOPIES
Paris
Meatpacking District, New York City
Venice, Italy
Seville
AUGUST 20, 2014
Arizona Center, Phoenix, AZ
MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 47
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APPENDIX D: M IAM I WORLDCENTER
BALCONIES AND TERRACES
INTENT • To maintain open sight lines along the public right-of-way.
• To provide signs of human habitation.
STAN DARDS
EXAM PLE
The cantilevered balconies compliment
the overall design of the building and
are not visually obtrusive.
Balconies shall be encouraged for residential uses to foster an indoor -outdoor connection.
Balconies are allowed to project 6' into the street corridor above the streetwall height,
except that they may not project beyond the Base Building Line or face of an arcade
(refer to Appendix D Section 9(b)).
Balconies and terraces are encouraged to be incorporated into the overall massing of
the a building.
Cantilevered balconies shall be designed to complement the overall architectural design
of the building.
48 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: M IAM I WORLDCENTER
SIGNAGE
INTENT • To create an organized and integrated system of signs, sign structures, lighting,
and graphics that respects and enhances the character of the surrounding district.
• To provide high quality signs with creative graphic design and durable materials
appropriate to an urban setting.
• To create signs and graphic elements that respects the architecture of the building
which they serve.
• To prevent visual clutter.
STAN DARDS
Mixed -use and commercial buildings shall provide locations on the commercial areas
of the building facade that are specifically designed to accommodate changeable tenant
signage including wall signs, projecting signs, and window signs. Structure, materials,
detailing and power sources shall be designed with consideration of signage installation
requirements and shall be readily adaptable and repairable as tenant sign needs change.
Locations for illuminated signage shall be oriented to the public right-of-way and shall
avoid facing residential uses.
Orientation ofany illuminated sign or light source shall be directed or shielded to reduce
light trespass and glare.
Signs should fit within the architectural features of the facade and complement the
building's architecture.
Graphic design for all signs shall reflect consistency, simplicity, neatness, and minimum
wording to minimize visual clutter and to maximize legibility.
Sign colors should be limited in number and should be compatible with the facade.
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APPENDIX D: MIAMI WORLDCENTER
Examples
SIGNAGE
"MN 1.11011
nlepmei
50 - MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: M IAM I WORLDCENTER
PARKING
INTENT • Minimize the visual impact of structured and surface parking.
• Encourage parking garage design that is compatible with the overall building design
and composition.
• Minimize impacts of parking garage entrances on major pedestrian activity zones
• Provide adequate access to parking structures and surface parking lots
• Maintain active public uses along the street level.
STAN DARDS All required parking spaces less any applicable parking reductions shall be located in
parking structures or on -street.
EXAM PLE
Parking garage incorporated into
overall building design.
The ground floor of all separate parking structures shall contain active public -oriented
uses.
Parking structures shall include a habitable liner or an Architectural Screening Layer
to minimize the visual impact of parking on the public realm. The Architectural
Screening Layer shall include architectural elements that effectively screen cars, lighting,
garage ceilings, and slab edges. The design of the Architectural Screening Layer shall
complement the overall building design.
Parking structures may encroach into the Second Layer above the ground level provided
that an Architectural Screening Layer is provided.
The ground portion of a parking structure may encroach into the Second Layer for up
to 20% of the parking structure Frontage Line to accommodate ramping and vertical
circulation provided that an Architectural Screening Layer is provided.
Parking can be provided off -site by process of Waiver as per Section 11(c).
AUGUST 20, 2014
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APPENDIX D: MIAMI WORLDCENTER
Liner and Architectural Screening Layer Examples
PARKING
52 MIAMI WORLDCENTER DEVELOPMENT STANDARDS
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APPENDIX D: MIAMI WORLDCENTER
TABLE 1
SHARED PARKING STANDARDS
SHARING FACTOR
Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
with Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
The shared Parking Standards Table provides the method for calculating shared parking for buildings
with more than one Use type.
The parking required for any two Functions on a Lot is calculated by dividing the number of spaces
required by the lesser of the two uses by the appropriate factor from this Table and adding the result to
the greater use parking requirement.
For instance: for a building with a Residential Use requiring 100 spaces and a Commercial Use requir-
ing 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to
100 plus 17 spaces. For uses not indicated in this chart on a mixed use lot a sharing factor of 1.1 shall
be allowed. Additional sharing is allowed by Warrant.
PARKING AND LOADING
This table describes the standards for Parking and Loading. Standards shall include the followinig:
Off -Street Parking Standards
Angle of Parking
Access Aisle Width
One Way Traffic
Single Loaded
One Way Traffic
Double Loaded
Two Way Traffic
Double Loaded
90
60
45
Parallel
21 ft.
12.8 ft.
10.8 ft.
10 ft.
21 ft.
11.8 ft.
9.5 ft.
10 ft.
21 ft.
19.3 ft.
18.5 ft.
20 ft.
Standard Stall Dimension: 8.5 ft. x 18 ft. min.
Notes:
* Driveways shall have a minimum of 10feet of paved width for one-way
* 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 15 feet
* Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet
in length between the building line and dispenser
* For landscaping requirements of parking lots, refer to Miami -Dade County Landscape Ordinance.
* Access aisle width may not be reduced .
Loading Berth Standards
Residential
From 25,000 sf to 500,000 sf
Berth Size
Loading Berths
420 sf
1 per first 200 units
200 sf
1 per each additional 200 units
or fraction of 200
Greater than 500,000 sf
Berth Size
Loading Berths
660 sf
1 per first 200 units
200 sf
1 per each additional 200 units
or fraction of 200
Lodging
From 25,000 sf to 500,000 sf
Berth Size
Loading Berths
420 sf
1 per first 300 rooms
200 sf
1 per each additional 200 rooms
or fraction of 200
Greater than 500,000 sf
Berth Size
Loading Berths
660 sf
1 per first 300 rooms
200 sf
1 per each additional 200 rooms
or fraction of 200
Office
Commercial
Industrial**
From 25,000 sf to 500,000 sf
Berth Size
Loading Berths
Area
420 sf
1st
25k sf - 100k sf
420 sf
2nd
100k sf - 200k sf
420 sf
3rd
200k sf - 300k sf
420 sf
4th
300k sf - 500k sf
Greater than 500,000 sf
Berth Size
Loading Berths
Area
660 sf
1/
500k sf
Notes
Berth Types
Residential*: 200 sf = 10 ft x 20 ft
Commercial: 420 sf = 12 ft x 35 ft
Industrial**: 660 sf = 12 ft x 55 ft
All Berth Types: 15 ft height clearance
* Residential and Loading berths shall
be setback a distance equal to their length
** 1 industrial berth may be substituted
by 2 Commercial berths
***Required loading spaces may be reduced by
process of warrant upon submittal of a shared
service management plan.
AUGUST 20, 2014
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APPENDIX D: M IAM I WORLDCENTER
TABLE 2
CIVIC SPACE
This table describes the standards for Civic Space. Civic spaces may be at multiple levels and may be
landscaped and/or paved. Civic Spaces shall be open to the public from dawn to dusk. Civic Spaces may
be publicly or privately owned.
Square: An open space available for unstructured recreation and civic purposes.
A square is spatially defined by building frontages with streets on at least one
frontage. Its landscape shall consist of pavement, lawns, and trees. The minimum
size shall be 1 /8 acre.
Plaza: An open space available for civic purposes and programmed activities. A
plaza shall be spatially defined by building frontages and may include street frontages.
Its landscape shall consist primarily of pavement and trees. The minimum size
shall be 1/8 acre.
Courtyard / Garden: An open space spatially defined by buildings and street
walls, and visually accessible on one side to the street.
Playground: An open space designed and equipped for the recreation of children.
A playground shall be fenced and may include open shelter. Playgrounds may 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.
Pedestrian Walkways: These include enclosed atrium spaces and open and enclosed
walkways. Paseos will provide additional options for pedestrian movement within the
project.
• MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
MIAMI 21
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
APPENDIX D: M IAM I WORLDCENTER
TABLE 3 PAGE 1)
BUILDING DISPOSITION
This table describes the standards for Building Disposition. Standards shall include the following:
Lot Occupation
a. Lot Area
5,000 s.f. min.
b. Lot Width
100 ft. min.
c. Lot Coverage
* Podium
80% max
* Tower
20,000 sq. ft. max. floor plate for Residential and Lodging
22,500 sq. ft. max. floor plate for Residential and Lodging for Tract A
27,500 sq. ft. max. floor plate for MWC Signature Residential Tower in Tract A
30,000 sq. ft. max. floor plate for Commercial and Mixed Use
d. Floor Lot Ratio
18
e. Building Frontage
70% min.
f. Open Space Requirement
10% Net Lot Area min.
g. Density
500 du/acre max.
Building Setback
a. Building Frontage
See Regulating Plan, Street Sections, and Roof Structures
b. Side
See Regulating Plan, Street Sections, and Roof Structures
c. Rear
See Regulating Plan, Street Sections, and Roof Structures
Building Height
a. Min. Height
2 stories
b. Max. Height
Unlimited
AUGUST 20, 2014
MIAMI WORLDCENTER DEVELOPMENT STANDARDS •
MIAMI 21
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
APPENDIX D: MIAMI WORLDCENTER
TABLE 3 PAGE 2)
BUILDING DISPOSITION
(SEE STREET DESIGN FOR
SPECIFIC STREET GUIDELINES)
O
PARKING DISPOSITION
FRONT
10'-C1
FIRST L (ER
SECOND LAYER
THIRD 043ER
10-i0.
(VARIES)
M MIN REAP SETBACK
/ AT=ODIUIM&TOWER
3RD LAYER
2ND LA"ER
1ST _AYEP
REAR
FRONT
2' ARCHITECTURAL
SCREENING LAYER
FIRSTLAYER
04SE BUILDING LINE
BUILDING LOCATION
LLJ
CM
0' MIN SIDE SETBACK
AT PODIUM
LOT UNE
* SIDE SETBACK CAN BE
WAIVED BY ALARRANT
SECOND 043ER
THIRD LAYER
VARIES)
ARCHITECTURAL SCREENING LAYER
0' MIN SIDE SETBACK
3RD LAYER
0
2ND LAYER
1ST _ AER
REAR
W
BASE BUILDING LINE
BUILDING LOCATION
THE GROUND PORTION OF A
PARKING STRUCTURE MIN
PROJECT INTO THE SECOND
LAYER FOR UP TO 20 % OF THE
PARKING STRUCTURE FRONTAGE
TO ACCOMMODATE RAMPING
ONLY.
w
0
0 MIN SIDE SETBACK
LOT LINE
• MIAMI WORLDCENTER DEVELOPMENT STANDARDS
AUGUST 20, 2014
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "E"
Legal Description of the Property
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 38
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
M E rF
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA II WORLDCENTER
N.E IITH
SHEET
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38
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1-
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9
22
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39
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SHEET
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CERTIFICATION
(HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472,027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION,
JEFF S. HODAPP
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
Tel: (561) 241-9988
Fax: (561) 241-5182
2L
Project Nana, MIAMI WORLDCENTER
DATE, 03/11/2014
61
JOB NO. 07139
DWG BY, JSH
REV. 8-19-2014
CK'D By, JEK
SHEET 1 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. L87264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
(1) All of Lot 2 Block 18 North, together with a portion of Lots 1, 3, 4, 5, 15,
16, 19 and 20 Block 18 North, City of Miami, according to the plat thereof, as
recorded in Plat Book B, at Page 41, of the Public Records of Miami -Dade County,
Florida, being more particularly described as follows:
Beginning at the Northwest corner of said Lot 2 Block 18 North; thence North
87° 43'42" East, along the North line of said Lots 2 and 1, a distance of 90.18
feet; thence South 02° 13'55" East, along a line 10 feet West of and parallel
with the East line of said Lot 1, a distance of 125.12 feet; thence North
87° 43'42" East, along a line 25 feet North of and parallel with the South line
of said Lot 1, ❑ distance of 10.00 feet; thence South 02° 13'55" East, along the
East line of said Lots 1 and 20, a distance of 37.50 feet; thence South
87° 43'42" West, along a line 12.5 feet South of and parallel with the North line
of said Lots 19 and 20, a distance of 100.15 feet; thence North 02° 14'32" West,
along the East line of said Lot 18, a distance of 12,50 feet; thence South
87° 43'42" West, along the South line of said Lots 3 and 4, a distance of 100.15
feet; thence South 02° 15'08" East, along the east line of said Lot 16, a
distance of 25.00 feet; thence South 87° 43'42" West, along a line 25 feet South
of and parallel with the North line of said Lot 16, a distance of 50.07 feet;
thence North 02° 15'26" West, along the east line of said Lot 15, a distance of
12.50 feet; thence South 87° 43'42" West, along a line 12.5 feet South of and
parallel with the North line of said Lot 15, a distance of 50.07 feet; thence
North 02° 15'44" West, along the West line of said Lot 15, a distance of 12.50
feet; thence North 87° 43'42" East, along the North line of said Lot 15, a
distance of 50.07 feet; thence North 02° 15'26" West, along the West line of said
Lot 5, a distance of 25.00 feet; thence North 87° 43'42" East, along a line 25
feet North of and parallel with the South line of said Lots 5, 4 and 3, a
distance of 150.23 feet; thence North 02° 14'32" West, along the West line of
said Lot 2, a distance of 125.12 to the Point of Beginning.
Together with:
(2) All of Lots 2, 3, 4, 5, 6, 7, 8, 9, 14 and 15 Block 19 North, together with
a portion of Lots 1, 10, 11, 12, 13, 16, 17, 18, 19 and 20 Block 19 North, City
of Miami, according to the plat thereof, as recorded in Plat Book B, at Page 41,
of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. BEARINGS SHOWN HEREON ARE BASED ON THE
FLORIDA COORDINATE SYSTEM, EAST ZONE, GRID NORTH,
1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION,
1990 ADJUSTMENT.
3. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
4. OF THE 24.008 ACRES SHOWN ON THIS SKETCH AND
DESCRIPTION, 2,083 ACRES ARE ROAD RIGHT-OF-WAY
FOR NE 7th STREET, NE 8th STREET AND NE 9th STREET.
ABBREVIATIONS
L = ARCLENGTH
CONC. = CONCRETE
COR. = CORNER
D = DELTA (CENTRAL ANGLES
L.B. . LICENSED BUSINESS
L.S. = LICENSED SURVEYOR
O.R.B. OFFICIAL RECORDS BOOK
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.U. = PLAT BOOK
M.D.C.R.= MIAMI-DADE COUNTY RECORDS
PG. = PAGE
P.S.M. = PROFESSIONAL SURVEYOR
8 MAPPER
R/W = RIGHT-OF-WAY
Igoe NO. 07139
Prole° Name:
MIAMI WORLOCENTER
DWG BY,
CVO By.
JSH
JEK
SCALE, N/A
DATE. 03/11/2014
SHEET 2 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
04.1_1111EQ/�R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDGENTER
LEGAL DESCRIPTION
Beginning at the Southwest corner of said Lot 14 Block 19 North; thence North
02° 14'10" West, along the West line of said Lot 14, a distance of 125.12 feet;
thence South 87° 43'42" West, along a line 25 feet South of and parallel with the
North line of said Lot 13, a distance of 50.00 feet; thence North 02° 14'05"
West, along the West line of said Lot 13, a distance of 10.00 feet; thence South
87° 43'42" West, along a line 15 feet South of and parallel with the North line
of said Lot 12, a distance of 50.00 feet; thence South 02° 14'00" East, along the
West line of said Lot 12, a distance of 10.00 feet; thence South 87° 43'42" West,
along a line 25 feet South of and parallel with the North line of said Lot 11, a
distance of 50.00 feet; thence North 02° 13'55" West, along the West line of said
Lots 11 and 10, a distance of 50.00 feet; thence North 87° 43'42" East, along a
line 25 feet North of and parallel with the South line of said Lot 10, a
distance of 10.00 feet; thence North 02° 13'55" West, along a line 10 feet East
of and parallel with the West line of said Lot 10, a distance of 125.12 feet;
thence North 87° 43'42" East, along the North Tine of said Lots 2 through 10, a
distance of 439.95 feet; thence South 02° 14'38" East, along the East line of
said Lot 2, a distance of 65.00 feet; thence North 87° 43'42" East, a distance of
11.88 feet; thence South 12° 48'54" East, a distance of 57.09 feet; thence North
87° 43'42" East, along a line 29 feet North of and parallel with the South line
of said Lot 1, a distance of 27.65 feet; thence South 02° 15'27" East, along the
east line of said Lots 1 and 20, a distance of 54.00 feet; thence South
87° 43'42" West, along a line 25 feet South of and parallel with the North line
of said Lot 20, a distance of 10.01 feet; thence North 02° 14'43" West, along a
line 10 feet West of and parallel with the East line of said Lot 20, distance
of 22.50 feet; thence South 87° 43'42" West, along a line 2.50 feet South of and
parallel with the North line of said Lot 20, a distance of 2.72 feet to a point
on the arc of a circular curve to the right, at which the radius point bears
South 81° 16'36" West; thence Southerly along the arc of said curve, having a
radius of 425.88 feet and a central angle of 06° 28'41", a distance of 48,15
feet to the point of tangency; thence South 02° 14'43" East, along a line 10 feet
West of and parallel with the East line of said Lot 20 a distance of 89,57 feet;
thence South 87° 43'41" West, along a line 10 feet North of and parallel with the
South line of said Lots 16 through 20, a distance of 240.01 feet; thence South
02° 14'19" East, along the East line of said Lot 15, a distance of 10.00 feet;
thence South 87° 43'41" West, along the South Tine of said lots 14 and 15, a
distance of 100.00 feet to the Point of Beginning.
Together with:
(3) All of Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 19 and 20 Block 23 North,
together with a portion of Lots 6, 7 and 8 Block 23 North, City of Miami,
according to the plat thereof, as recorded in Plat Book B, at Page 41, of the
Public Records of Miami -Dade County, Florida, being more particularly described
as follows:
Beginning at the Northeast corner of said Lot 3 Block 23 North; thence South
02° 13'55" East, along the East line of said Lots 1 and 20, a distance of 299,97
feet; thence South 87° 43'37" West, along the South line of said Lots 10 and 20,
a distance of 100.06 feet; thence North 02° 14'32" West, along the West line of
said Lot 19, a distance of 149.99 feet; thence South 87° 43'39" West, along the
South line of said Lots 3 through 7, a distance of 250.22 feet; thence South
Boa NO. 07139
Prolect Nome.
MIAMI WORLDCENTER
DWG BY. JSH
SCALE. N/A
CK•D By. JEK
DATE. 03/11/2014
SHEET 3 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
-111111 EAR
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
02° 16'03" East, along the East line of said Lot 13, a distance of 149.99 feet;
thence South 87° 43'37" West, along the South line of said Lots 13, 12 and 11, a
distance of 150.09 feet; thence North 02° 16'57" West, along the West line of
said Lots 11 and 10, a distance of 299.98 feet; thence North 87° 43'41" East,
along the North line of said Lots 10 and 9, a distance of 100.11 feet; thence
South 02° 16'21" East, along the East line of said Lot 9, a distance of 8.00
feet; thence North 87° 43'41" East, along a line 8 feet South of and parallel
with the North line of said Lots 8 and 7, a distance of 100.11 feet; thence
South 02° 15'45" East, along the East line of said Lot 7, a distance of 2.00
feet; thence North 87° 43'41" East, along a line 10 feet South of and parallel
with the North line of said Lot 6, a distance of 50.06 feet; thence North
02° 15'26" West, along the East line of said Lot 6, a distance of 10.00 feet;
thence North 87° 43'41" East, along the North line of said Lots 1 through 5, a
distance of 250.28 feet to the Point of Beginning.
Together with:
(4) All of Lots 8 through 19 Block 22 North, together with a portion of Lots
1 and 20 Block 22 North, and all of Lots 2 through 18 Block 39 North,
together with a portion of Lots 1, 19 and 20 Block 39 North, and all of Lots 2
through 10 and 13 through 19 Block 42 North, together with a portion of Lots 1,
11, 12 and 20 Block 42 North, and a portion of Lots 1 through 10 Block 59 North,
and a portion of the 50 foot platted roadway lying between said Blocks 22 and
39, and a portion of the 50 foot platted roadway lying between said Blocks 39
and 42, and a portion of the 50 foot platted roadway Tying between said Blocks
42 and 59, all of City of Miami, according to the plat thereof, as recorded in
Plat Book. B, at Page 41, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows:
Beginning at the Northwest corner of said Lot 10 Block 22 North; thence North
87° 43'41" East, along the North line of said Lots 10, 9 and 8 Block 22, a
distance of 102.53 feet; thence South 02° 14'10" East, along the East line of
said Lot 8 Block 22, a distance of 10.00 feet; thence North 87° 43'41" East,
along a line 10 feet South of and parallel with the North line of said Lots 6
and 7, a distance of 100.01 feet; thence South 02° 14'19" East, along the West
line of said Lot 5, a distance of 2.50 feet; thence North 87° 43'41" East, along
a line 12.5 feet South of and parallel with the North line of said Lots 1
through 5, a distance of 225.51 feet to the point of curvature of a circular
curve to the right; thence Easterly and Southerly along the arc of said curve,
having a radius of 7.00 feet and a central angle of 90° 00'00", a distance of
11,00 feet; thence North 87° 45'16" East, a distance of 2.50 feet; thence South
02° 14'43" East, along a line 15 feet West of and parallel with the East line
of said Lots 1 and 20 Block 22, a distance of 202.47 feet; thence South
87° 43'39" West, a distance of 2.50 feet; thence South 02° 14'43" East,
along a line 17.5 feet West of and parallel with the East line of said Lot
20 Block 22, a distance of 77.98 feet; thence South 87° 43'37" West, along
the South line of said Lot 20 Block 22, a distance of 17.50 feet; thence
South 02° 14'43" East, along a line 35 feet West of and parallel with the East
line of said Lots 1 and 20 Block 39 and the Northerly extension thereof, a
,roe NO. 07139
Project Name,
MIAMI WORLDCENTER
DWG BY, JS1-1 SCALE: N/A
CM'D By: JEK DATE, 03/11/2014
SHEET 4- OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
�RryiErib
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
distance of 289.59 feet; thence South 87° 43'16" West, along a line 60.5 feet North
of and parallel with the South line of said Lots 20 and 19 Block 39, a distance
of 65,03 feet; thence South 02° 14'34" East, along the West line of said Lot 19
Block 39 and the Southerly extension thereof, a distance of 110.50 feet; thence
North 87° 43'16" East, along the North line of said Lots 2 and 1 Block 42, a
distance of 90.04 feet; thence South 02° 14'43" East, along a line 10 feet West
of and parallel with the east line of said Lot 1 Block 42, a distance of 140.00
feet; thence North 87° 43'16" East, along a line 140 feet South of and parallel
with the North line of said Lot 1 Block 42, a distance of 10.00 feet; thence
South 02° 14'43" East, along the east line of said Lots 1 and 20 Block 42, a
distance of 60.03 feet; thence South 87° 41'53" West, along a line 100 feet North
of and parallel with the South line of said Lot 20 Block 42, a distance of 10.00
feet; thence South 02° 14'43" East, along a Tine 10 feet West of and parallel
with the East line of said Lot 20 Block 42, a distance of 100.00 feet; thence
South 87° 41'53" West, along the South line of said Lot 20 Block 42, a distance
of 23.00 feet; thence South 02° 14'43" East, along a line 33 feet West of and
parallel with the East line of said Lot 1 Block 59 and the Northerly extension
thereof, a distance of 154.94 feet; thence South 87° 41'43" West, along a line 45
feet North of and parallel with the South line of said Lots 1 through 10 Block
59, a distance of 467.30 feet; thence North 02° 13'55" West, along the West line
of said Lot 10 Block 59, a distance of 104.96 feet; thence North 87° 41'52" East,
along the North Tine of said Lot 10 Block 59, a distance of 8.00 feet; thence
North 02° 13'55" West, a distance of 50.00 feet; thence South 87° 41'53" West,
along the South line of said Lot 11 Block 42, a distance of 8.00 feet; thence North
02° 13'55" West, along the West line of said Lots 11 and 10, Block 42, a distance
of 300.22 feet; thence North 87° 43'16" East, along the North line of said Lot 10
Block 42, a distance of 8.00 feet; thence North 02° 13'55" West, a distance of
50.00 feet; thence South 87° 43'16" West, along the South line of said Lot 11
Block 39, a distance of 8.00 feet; thence North 02° 13'55" West, along the west
line of said Lots 11 and 10 Block 39, a distance of 300.13 feet; thence North
87° 43'37" East, along the North line of said Lot 10 Block 39, a distance of 8.00
feet; thence North 02° 13'55" West, a distance of 50.00 feet; thence South
87° 43'37" West, along the South line of said Lot 11 Block 22, a distance of 8.00
feet; thence North 02° 13'55" West, along the West line of said Lots 11 and 10
Block 22, a distance of 299.97 feet to the Point of Beginning.
Together with:
(5) All of Lots 4, and 12 through 20 Block 43 North, together with a portion of
Lots 1, 2 and 3 and Lots 5 through 11 and lot 20 Block 58 North, and a portion
of Lots 1 through 10 Block 58 North, and a portion of the 50 foot platted
roadway lying between said Blocks 43 and 58, all of the City of Miami, according
to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public
Records of Miami -Dade County, Florida, being more particularly described as
follows:
.JOB NO. 07139
Protect N,111}e:
MIAM1 WORLDCENTER
1
CK•D By: JEK
DATE:
03/1v2o14
SHEET 5 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5162
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
Beginning at the Southeast corner of said Lot 20 Block 43 North; thence South
87° 41'53" West, along the South line of said Lot 20 Block 43, a distance of
10,00 feet; thence South 02° 13'55" East, along a line 10 feet west of and
parallel with the East line of said Lot 1 Block 58 and the Northerly extension
thereof, a distance of 169.96 feet; thence South 87° 41'43" West, along a line 30
feet North of and parallel with the South line of said Lot 1 Block 58, a
distance of 39.95 feet; thence North 02° 14'14" West, along the West line of said
Lot 1, a distance of 15.00 feet; thence South 87° 41'43" West, along a line 45
feet North of and parallel with the South line of said Lots 2 through 8 Block
58, a distance of 349.68 feet; thence South 02° 16'21" East, along the East line
of said Lot 9 Block 58, a distance of 15.00 feet; thence South 87° 41'43" West,
along a line 30 feet North of and parallel with the South line of said Lots 9
and 10 Block 58, a distance of 99.91 feet; thence North 02° 16'57" West, along
the West line of said Lot 10 Block 58, a distance of 119.98 feet; thence North
87° 41'53" East, along the North line of said Lot 10 Block 58, a distance of
10,00 feet; thence North 02° 16'57" West, ❑long a line 10 feet East of and
parallel with the West line of said Lots 10 and 11 Block 43 and the Southerly
extension thereof, a distance of 339.64 feet to a point on the arc of a circular
curve to the right, at which the radius point bears South 49° 26'57" East; thence
Northeasterly along the arc of said curve, having a radius of 15.00 feet and a
central angle of 04° 20'13", a distance of 1.14 feet; thence North 87° 43'16"
East, along a line 10 feet South of and parallel with the North line of said
Lots 5 through 10 Block 43, a distance of 264.16 feet; thence North 02° 15'17"
West, along the West line of the East one-half of said Lot 5 Block 43, a
distance of 10.00 feet; thence North 87° 43'16" East, along the North line of
said Lots 4 and 5 Block 43, a distance of 74.99 feet; thence South 02° 14'50"
East, along the east line of said Lot 4 Block 43, a distance of 10.00 feet;
thence North 87° 43'16" East, along a line 10 feet South of and parallel with the
North line of said Lots 3, 2, and 1 Block 43, a distance of 139.98 feet; thence
South 02° 13'55" East, along a line 10 feet West of and parallel with the East
line of said Lot 1 Block 43, a distance of 140.12 feet; thence North 87° 42'34"
East, along the South line of said Lot 1 Block 43, a distance of 10.00 feet;
thence South 02° 13'55" East, along the east line of said Lot 20 Block 43, a
distance of 150.12 feet to the Point of Beginning.
Together with:
(6) A portion of Lots 11, 12, 13 and 14 Block 58 North, City of Miami, according
to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public
Records of Miami -Dade County, Florida, being more particularly described as
follows:
Beginning at the Southwest corner of said Lot 11 Block 58 North; thence North
02° 16'57" West, along the West line of said Lot 11, a distance of 119.98 feet;
thence North 87° 41'34" East, along a line 30 feet South of and parallel with the
North line of said Lots 11, 12, 13 and 14, a distance of 199.79 feet; thence
South 02° 15'45" East, along the East line of said Lot 14, a distance of 119.97
feet; thence South 87° 41'34" West, along the South line of said Lots 11, 12, 13
and 14, a distance of 199.75 feet to the Point of Beginning.
JOB NO. 07139
Project Name:
MIAMI WORLDCENTER
DWG BY, JSH
CK'D By: JEK
scAt.E: N/A
DATE, 03/11/2014
SHEET 6 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDGENTER
LEGAL DESCRIPTION
Together with:
(7) A portion of Lots 19 and 20 Block 58 North, City of Miami, according to the
plat thereof, as recorded in Plat Book B, at Page 41, of the Public Records of
Miami -Dade County, Florida, being more particularly described as follows;
Beginning at the Southwest corner of said Lot 19 Block 58 North; thence North
02° 14'32" West, along the west line of said Lot 19, a distance of 119.97 feet;
thence North 87° 41'43" East, along a line 30 feet South of and parallel with the
North line of said Lots 19 and 20, a distance of 89,90 feet; thence South
02° 13'55" East, along a line 10 feet West of and parallel with the East line of
said lot 20, a distance of 119.96 feet; thence South 87° 41'34" West, along the
South line of said Lots 19 and 20, a distance of 89.88 feet to the Point of
Beginning.
Said lands all situate in the City of Miami, Miami -Dade County, Florida and
contain 24.008 acres, more or less.
JOB No. 07139
ProJect Name: MIAMIWORLDCENTER
DWG BY: JSH
CK•D ey: JEK
SCALE: NJA
❑ATE1 03/11/2014
SHEET 7 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
1I r IME
SURVEYING&MAPPING
Certificate of Authorization No. LB7284
Tel: (561) 241-9988
Fax: (561) 241-5182
8'
10'-
JOB HO.
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
2512
25' "125'
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125' 1 25'
07139
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DWG BY, JSH
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SCALE! 1"-80'
CK•D By i JEK
DATE' 03/11/2014
SHEET 8 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. L87264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
1
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JOB NO. 07139
Pro.' c. Name,
MIAMI WORLDCENTER
OWG BY, JSEI
SCALE,
CK ' e By: JEK
DATE,
03/11/2014
SHEET 9 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
25'
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Protect Nome:
MIAMI WORLDCENTER
DWG BY: JSH
SCALE: 1"-8C'
CK•D ey: JEK (DATE: 03/11/2014
SHEET 10 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
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JOB
°o. 07139
Project ftome: MIAMI WORLDCENTER DWG BY: JSH
CK'D By: JEK
SCALE. 1"-80'
DATE: 03/11/2014
SHEET 11 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7284
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
125' 25' 1 1
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1ST AVE.
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J49 NO. 07139
Pro]tic Name,
MIAMI WORLDCENTER
DWG BY, JSH
SCALE: 1"=80'
CK 'D By, JEK
DAWE, 03/11/2014
SHEET 12 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
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Jae No. 07139
Project Nome.
MIAMI WORLDCENTER
DWG BY. JSH
SCALE. 1"=80'
CK'D ay. JEK
DATE. 03/11/2014
SHEET 13 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
�RIMET�
Q� �R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (661) 241-9988
Fax: (561) 241-6182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
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JOB No. 07139
Project Name;
MIAMI WORLDCENTER
DIGfl, JSH
SCALE; 1"=B0'
cx`D w: JEK
DATE; 03/11/2014
SHEET 14 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WO LDCENTER
N. MIAMI AVE.
u2 NO2° 16'57"W 119.98'
25' 125'
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N.E. 1ST AVE.
— 30'
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25' . 25'
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N � N
JOB NO. 07139
Pro Ject Name'
MIAMI WORLOCENTER
DWG BY; JSH
SCALE t"=80'
CK'D eY JEK
ATE, 03/1/2014
SHEET 15 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "F"
Public Open Spaces Easement Agreement
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015 Page 39
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
This instrument is prepared by (and after recording)
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 Avenue of Americas
44th Floor
Miami, FL 33131
Reserved for Recording
OPEN SPACE EASEMENT AND MAINTENANCE AGREEMENT
THIS OPEN SPACE EASEMENT AND MAINTENANCE AGREEMENT ("Easement
Agreement") is entered this day of 2015, by and between MIAMI
WORLDCENTER HOLDINGS, LLC, a Delaware limited liability company ("MWC") and the
undersigned affiliates and subsidiaries of MWC (collectively the "Developer"), and the CITY OF
MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida
("City", hereinafter the Developer and the City may be referred to as the "Parties").
RECITALS
WHEREAS, the Developer holds fee simple title to that certain assemblage of real
property located in the MWC District (collectively, "Property"), generally bound by NE 1
Street on the North, NE 6th Street on the South, NE 2nd Avenue on the East, and North Miami
Avenue on the West, containing 24 +/- acres, or 1,045,440 +/- square feet;
WHEREAS, on or about November 3, 2009, the Developer and the City entered into that
certain Development Agreement between the Parties ("Initial Agreement"), which was approved
by the City Commission ("Commission") on November 13, 2008 through Resolution No. 08-
0658, (collectively the "Approval Resolution");
WHEREAS, on or about , the Developer and the City entered into that
certain Amended and Restated Development Agreement between the Parties, which was approved
by the Commission through Ordinance No. ("Amended Agreement");
WHEREAS, the Parties mutually desire for the Property to provide various types of open
space (collectively, "Open Spaces") within the Property, legal descriptions of which are attached
as Exhibit "A", substantially consistent with the Conceptual Open Spaces Plan ("Open Spaces
Plan") attached as Exhibit "B", and also consistent with the terms, conditions, and mutual
obligations contained in the Initial Agreement and the Amended Agreement; and
WHEREAS, the Developer will retain ownership of the Open Spaces but shall grant the
City a non-exclusive easement allowing public access to the Open Spaces as depicted in the Open
Spaces Plan attached as Exhibit B;
City Commission— First Reading — February 12, 2015 Page 1
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
NOW, THEREFORE, in consideration of the mutual covenants, obligations, and
conditions contained in this Easement Agreement, the Parties mutually agree and bind themselves
as detailed below:
1. Recitals. The foregoing recitals are true and correct and are incorporated as if set
forth herein.
2. Open Space. The Developer agrees to designate the following Open Spaces
within the Property:
(i) One (1) public Open Space containing a minimum of 20,000 contiguous square
feet, as shown on Exhibit B;
(ii) One (1) public Open Space containing a minimum of 14,000 contiguous square
feet, as shown on Exhibit B; and
(iii) Sidewalks and similar pedestrian passageways, excluding Paseos as defined
and depicted in Appendix D of Miami 21, designed to encourage increased
pedestrian activity including shopping, entertainment, and outdoor seating, in the
general areas conceptually identified on the Regulating Plan attached to this
Easement Agreement as Exhibit "C".
3. Open Space Maintenance, Operation, and Liability Agreement. The
Developer, including successors and assigns of the Developer, shall be responsible for
maintaining, repairing, and all associated upkeep of the Open Spaces (including all improvements
or similar structures which may be constructed or located thereon from time to time) in a safe
manner, in compliance with applicable laws and building regulations, and in a manner which does
not otherwise impede the exercise of the easement rights in this Easement Agreement.
4. Term of Easements. The easement(s) over the Open Spaces in favor of the City
and the public granted in this Easement Agreement shall commence on the date of recordation in
the Public Record of Miami -Dade County, Florida.
5. Construction and Development of Open Spaces. The Parties acknowledge that
as part of the process to develop the Property, access to the Open Spaces may be temporarily
impeded for purposes of constructing, maintaining, or repairing the Open Spaces. The Developer
will provide the City with five (5) days advance written notice of any temporary impediments to
accessing the Open Spaces. The closure of all or portion of any dedicated public right-of-way, if
any, shall require a separate Public Works / Police Department Road Closure Permit.
6. Compliance With Laws. The Developer shall at all times comply with applicable
municipal, county, state, and federal laws, ordinances, codes, statutes, rules, and regulations.
7. Miscellaneous.
a. Enforcement. The provisions of this Easement Agreement may be enforced by
City Commission — First Reading — February 12, 2015 Page 2
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
all available remedies at law or in equity (provided, however, that in no event
shall any party have the right to seek to terminate any of the easement rights
granted hereunder) by the Developer.
b. Construction. The section headings contained in this Easement Agreement are
for reference purposes only and shall not affect the meaning or interpretation of
the provisions herein. All of the Parties to this Easement Agreement have
participated fully in the negotiation of this Easement Agreement, and
accordingly, this Easement Agreement shall be equally construed as between
the Parties, including their successors and assigns. In construing this Easement
Agreement, the singular shall be held to include the plural, the plural shall be
held to include the singular, and reference to any particular gender shall be
held to include every other and all genders.
c. Non -Standard Improvements. All non-standard improvements installed within
any dedicated public right-of-way shall require a separate Public Works Non -
Standard Improvement Maintenance and Indemnification Covenant.
d. Notices. All notices, demands, or requests given under this Easement
Agreement shall, except as otherwise expressly provided, be in writing and
delivered by personal service, 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 Easement Agreement shall be deemed given when
received. Any actions required to be taken hereunder which fall on Saturday,
Sunday, or United States legal holidays shall be deemed to be performed
timely when taken on the succeeding day thereafter which shall not be a
Saturday, Sunday, or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
City Attorney
Miami Riverside Center
444 SW 2nd Avenue
9th Floor
Miami, FL 33130
To the Developer:
Managing Member
City Commission — First Reading — February 12, 2015 Page 3
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Miami WorldCenter LLC
1010 NE 2nd Avenue
Miami, FL 33132
With copies to:
Greenberg Traurig, P.A.
Attn: Ryan D. Bailine, Esq.
Attn: Iris Escarra, Esq.
333 SE 2nd Avenue
Suite 4400
Miami, FL 33131
Reserved for Recording
e. Severability. In the event any term or provision of this Easement Agreement is
determined by appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or be construed as
deleted as such authority determines, and the remainder of this Easement
Agreement shall remain in full force and effect.
f. Successors and Assigns. This Easement Agreement shall be binding upon and
inure to the benefit of the owners from time to time of the Property, including
their respective successors and assigns. The Developer, at its sole discretion,
may assign, in whole or in part, this Easement Agreement or any of its rights
and obligations hereunder, or may extend the benefits of this Easement
Agreement, to any holder of a property interest without the prior written
consent or any other approval of the City. The City shall be notified in writing
within thirty (30) days after any assignment or transfer.
g.
Exhibits. All of the Exhibits attached to this Easement Agreement are
incorporated in, and made a part of, this Easement Agreement.
h. Force Majeure. For purposes of this Easement Agreement, the term "Force
Majeure" shall mean and refer to any act of God, earthquake, hurricane, flood,
riot, war, order of civil or military or naval authority, fire, strikes, extraordinary
weather conditions, labor disputes, or any other course of events reasonably
beyond the control of the Parties, as applicable (provided, however, that the
inability to fund any obligation shall never be deemed Force Majeure). To the
extent either of the Parties, as applicable, is unable to complete an obligation or
task as a result of Force Majeure, the time period for such party to complete its
obligation, to the extent there is one, shall be extended for a reasonable period
of time depending upon the nature of the Force Maj eure event together with the
incomplete task or unfulfilled obligation.
i. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto that this Easement Agreement
City Commission — First Reading — February 12, 2015 Page 4
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
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
Easement 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 Miami -Dade
County. In addition to any other legal rights, the City and the Developer shall
each have the right to seek specific performance of this Easement Agreement.
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.
8. Reservations.
a. The Developer hereby reserves all rights of ownership in and to the Open
Spaces, including, without limitation, the right to grant further easements in,
on, over, across, under Open Spaces for all uses and activities that do not
materially interfere with the intent and provisions of Easement Agreement.
b. The Developer hereby reserves the right to install public utilities in the Open
Spaces subject to the approval and consent of applicable local governmental
and/or regulatory agencies.
9. Recordation. A fully executed version of this Easement Agreement shall be recorded
in the public records of Miami -Dade County by the Developer, at the Developer's sole cost and
expense, within Thirty (30) days after execution by all the Parties, and shall be binding on the
Property legally described in Exhibit A of this Easement Agreement.
10. Amendments; Termination. Subject to the other provisions hereof, the provisions of
this Easement Agreement relating to the easements may not be amended, modified, or terminated
except by written release and/or agreement of all of the then effected owners of the Property
seeking such amendment, the holders of any mortgages of record encumbering same and the
Manager of the City of Miami or his or her successor, in a form acceptable to the City Attorney.
The City shall not unreasonably withhold, condition, or deny any such requests to amend this
Easement Agreement. Further, no modification or amendment shall be effective unless in writing
and recorded in the Public Records of Miami -Dade County, Florida.
11. Estoppel Certificate. Upon request by any party to this Easement Agreement, the
other party or its duly authorized representative will deliver to the requesting party, within thirty
(30) days after such request is made, a certificate in writing certifying (a) that this Easement
Agreement is unmodified and in full force and effect (or if there have been any modifications, a
description of such modifications and that this Easement Agreement as modified is in full force
and effect); (b) that to the best knowledge of such party, the requesting party is not, at that time,
City Commission — First Reading — February 12, 2015 Page 5
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
in default under any provision of this Easement Agreement, or, if in default, the nature thereof in
detail; (c) to the best knowledge of such party, whether such party has a claim against the other
party under this Easement Agreement, and, if so, the nature thereof and the dollar amount of such
claim; and (d) such other matters as such requesting party or its lender may reasonably
request. Each party further agrees that such certificate shall be in a form reasonably acceptable to
the City Attorney and may be relied upon by (i) any prospective purchaser of the fee or mortgage
or assignee of any mortgage on the fee of the Property or any portion thereof and/or (ii) any
prospective or existing lender of the Developer as identified by the Developer in its request
therefor.
12. Entire Agreement. This Easement Agreement constitutes the entire agreement
between the Parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written, between the Parties.
NOW, WHEREOF, the City and the Developer have caused this Open Space Easement
and Maintenance Agreement to be duly executed.
[SIGNATURE PAGES FOLLOW]
City Commission — First Reading — February 12, 2015 Page 6
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
MIAMI WORLDCENTER HOLDINGS, LLC,
a Delaware limited liability company
By: PWV Group 1 Holdings, LLC,
a Delaware limited liability company
By:
Name:
Titl e:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of
an officer duly authorized to administer oaths and
, as of
personally known to me or have produced
[SEAL]
, 2015, personally appeared before me,
take acknowledgements,
. They are
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 7
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
By: 701 North Miami (FL), LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day of
an officer duly authorized to administer oaths and
, as of
personally known to me or have produced
[SEAL]
, 2015, personally appeared before me,
take acknowledgements,
. They are
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 8
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Miami First, LLC, a Delaware limited liability company
By:
Print Name
As:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of . They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 9
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Miami Second, LLC, a Delaware limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of
an officer duly authorized to administer oaths
, as of
personally known to me or have produced
[SEAL]
, 2015, personally appeared before me,
and take acknowledgements,
. They are
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 10
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Miami Third, LLC, a Delaware limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of
an officer duly authorized to administer oaths and
, as of
personally known to me or have produced
[SEAL]
, 2015, personally appeared before me,
take acknowledgements,
. They are
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 11
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Miami Fourth, LLC, a Florida limited liability company
By:
As:
Print Name
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of
an officer duly authorized to administer oaths and
, as of
personally known to me or have produced
[SEAL]
, 2015, personally appeared before me,
take acknowledgements,
. They are
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 12
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Miami A/I, LLC, a Delaware limited liability company
By:
Print Name:
As:
STATE OF
COUNTY OF
)
)
I HEREBY CERTIFY that on this day of , 2015, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of . They are
personally known to me or have produced as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 13
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
CITY OF MIAMI, FLORIDA
By:
Daniel J. Alfonso, City Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AT TO LEGAL FORM AND
CORRECTNESS:
By:
Victoria Mendez, City Attorney
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 14
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "A"
Legal Description
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
M E rF
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA II WORLDCENTER
N.E IITH
SHEET
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38
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9
22
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CERTIFICATION
(HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472,027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION,
JEFF S. HODAPP
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
Tel: (561) 241-9988
Fax: (561) 241-5182
2L
Project Nana, MIAMI WORLDCENTER
DATE, 03/11/2014
61
JOB NO. 07139
DWG BY, JSH
REV. 8-19-2014
CK'D By, JEK
SHEET 1 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. L87264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
(1) All of Lot 2 Block 18 North, together with a portion of Lots 1, 3, 4, 5, 15,
16, 19 and 20 Block 18 North, City of Miami, according to the plat thereof, as
recorded in Plat Book B, at Page 41, of the Public Records of Miami -Dade County,
Florida, being more particularly described as follows:
Beginning at the Northwest corner of said Lot 2 Block 18 North; thence North
87° 43'42" East, along the North line of said Lots 2 and 1, a distance of 90.18
feet; thence South 02° 13'55" East, along a line 10 feet West of and parallel
with the East line of said Lot 1, a distance of 125.12 feet; thence North
87° 43'42" East, along a line 25 feet North of and parallel with the South line
of said Lot 1, ❑ distance of 10.00 feet; thence South 02° 13'55" East, along the
East line of said Lots 1 and 20, a distance of 37.50 feet; thence South
87° 43'42" West, along a line 12.5 feet South of and parallel with the North line
of said Lots 19 and 20, a distance of 100.15 feet; thence North 02° 14'32" West,
along the East line of said Lot 18, a distance of 12,50 feet; thence South
87° 43'42" West, along the South line of said Lots 3 and 4, a distance of 100.15
feet; thence South 02° 15'08" East, along the east line of said Lot 16, a
distance of 25.00 feet; thence South 87° 43'42" West, along a line 25 feet South
of and parallel with the North line of said Lot 16, a distance of 50.07 feet;
thence North 02° 15'26" West, along the east line of said Lot 15, a distance of
12.50 feet; thence South 87° 43'42" West, along a line 12.5 feet South of and
parallel with the North line of said Lot 15, a distance of 50.07 feet; thence
North 02° 15'44" West, along the West line of said Lot 15, a distance of 12.50
feet; thence North 87° 43'42" East, along the North line of said Lot 15, a
distance of 50.07 feet; thence North 02° 15'26" West, along the West line of said
Lot 5, a distance of 25.00 feet; thence North 87° 43'42" East, along a line 25
feet North of and parallel with the South line of said Lots 5, 4 and 3, a
distance of 150.23 feet; thence North 02° 14'32" West, along the West line of
said Lot 2, a distance of 125.12 to the Point of Beginning.
Together with:
(2) All of Lots 2, 3, 4, 5, 6, 7, 8, 9, 14 and 15 Block 19 North, together with
a portion of Lots 1, 10, 11, 12, 13, 16, 17, 18, 19 and 20 Block 19 North, City
of Miami, according to the plat thereof, as recorded in Plat Book B, at Page 41,
of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. BEARINGS SHOWN HEREON ARE BASED ON THE
FLORIDA COORDINATE SYSTEM, EAST ZONE, GRID NORTH,
1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION,
1990 ADJUSTMENT.
3. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
4. OF THE 24.008 ACRES SHOWN ON THIS SKETCH AND
DESCRIPTION, 2,083 ACRES ARE ROAD RIGHT-OF-WAY
FOR NE 7th STREET, NE 8th STREET AND NE 9th STREET.
ABBREVIATIONS
L = ARCLENGTH
CONC. = CONCRETE
COR. = CORNER
D = DELTA (CENTRAL ANGLES
L.B. . LICENSED BUSINESS
L.S. = LICENSED SURVEYOR
O.R.B. OFFICIAL RECORDS BOOK
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.U. = PLAT BOOK
M.D.C.R.= MIAMI-DADE COUNTY RECORDS
PG. = PAGE
P.S.M. = PROFESSIONAL SURVEYOR
8 MAPPER
R/W = RIGHT-OF-WAY
Igoe NO. 07139
Prole° Name:
MIAMI WORLOCENTER
DWG BY,
CVO By.
JSH
JEK
SCALE, N/A
DATE. 03/11/2014
SHEET 2 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
04.1_1111EQ/�R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDGENTER
LEGAL DESCRIPTION
Beginning at the Southwest corner of said Lot 14 Block 19 North; thence North
02° 14'10" West, along the West line of said Lot 14, a distance of 125.12 feet;
thence South 87° 43'42" West, along a line 25 feet South of and parallel with the
North line of said Lot 13, a distance of 50.00 feet; thence North 02° 14'05"
West, along the West line of said Lot 13, a distance of 10.00 feet; thence South
87° 43'42" West, along a line 15 feet South of and parallel with the North line
of said Lot 12, a distance of 50.00 feet; thence South 02° 14'00" East, along the
West line of said Lot 12, a distance of 10.00 feet; thence South 87° 43'42" West,
along a line 25 feet South of and parallel with the North line of said Lot 11, a
distance of 50.00 feet; thence North 02° 13'55" West, along the West line of said
Lots 11 and 10, a distance of 50.00 feet; thence North 87° 43'42" East, along a
line 25 feet North of and parallel with the South line of said Lot 10, a
distance of 10.00 feet; thence North 02° 13'55" West, along a line 10 feet East
of and parallel with the West line of said Lot 10, a distance of 125.12 feet;
thence North 87° 43'42" East, along the North Tine of said Lots 2 through 10, a
distance of 439.95 feet; thence South 02° 14'38" East, along the East line of
said Lot 2, a distance of 65.00 feet; thence North 87° 43'42" East, a distance of
11.88 feet; thence South 12° 48'54" East, a distance of 57.09 feet; thence North
87° 43'42" East, along a line 29 feet North of and parallel with the South line
of said Lot 1, a distance of 27.65 feet; thence South 02° 15'27" East, along the
east line of said Lots 1 and 20, a distance of 54.00 feet; thence South
87° 43'42" West, along a line 25 feet South of and parallel with the North line
of said Lot 20, a distance of 10.01 feet; thence North 02° 14'43" West, along a
line 10 feet West of and parallel with the East line of said Lot 20, distance
of 22.50 feet; thence South 87° 43'42" West, along a line 2.50 feet South of and
parallel with the North line of said Lot 20, a distance of 2.72 feet to a point
on the arc of a circular curve to the right, at which the radius point bears
South 81° 16'36" West; thence Southerly along the arc of said curve, having a
radius of 425.88 feet and a central angle of 06° 28'41", a distance of 48,15
feet to the point of tangency; thence South 02° 14'43" East, along a line 10 feet
West of and parallel with the East line of said Lot 20 a distance of 89,57 feet;
thence South 87° 43'41" West, along a line 10 feet North of and parallel with the
South line of said Lots 16 through 20, a distance of 240.01 feet; thence South
02° 14'19" East, along the East line of said Lot 15, a distance of 10.00 feet;
thence South 87° 43'41" West, along the South Tine of said lots 14 and 15, a
distance of 100.00 feet to the Point of Beginning.
Together with:
(3) All of Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 19 and 20 Block 23 North,
together with a portion of Lots 6, 7 and 8 Block 23 North, City of Miami,
according to the plat thereof, as recorded in Plat Book B, at Page 41, of the
Public Records of Miami -Dade County, Florida, being more particularly described
as follows:
Beginning at the Northeast corner of said Lot 3 Block 23 North; thence South
02° 13'55" East, along the East line of said Lots 1 and 20, a distance of 299,97
feet; thence South 87° 43'37" West, along the South line of said Lots 10 and 20,
a distance of 100.06 feet; thence North 02° 14'32" West, along the West line of
said Lot 19, a distance of 149.99 feet; thence South 87° 43'39" West, along the
South line of said Lots 3 through 7, a distance of 250.22 feet; thence South
Boa NO. 07139
Prolect Nome.
MIAMI WORLDCENTER
DWG BY. JSH
SCALE. N/A
CK•D By. JEK
DATE. 03/11/2014
SHEET 3 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
-111111 EAR
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
02° 16'03" East, along the East line of said Lot 13, a distance of 149.99 feet;
thence South 87° 43'37" West, along the South line of said Lots 13, 12 and 11, a
distance of 150.09 feet; thence North 02° 16'57" West, along the West line of
said Lots 11 and 10, a distance of 299.98 feet; thence North 87° 43'41" East,
along the North line of said Lots 10 and 9, a distance of 100.11 feet; thence
South 02° 16'21" East, along the East line of said Lot 9, a distance of 8.00
feet; thence North 87° 43'41" East, along a line 8 feet South of and parallel
with the North line of said Lots 8 and 7, a distance of 100.11 feet; thence
South 02° 15'45" East, along the East line of said Lot 7, a distance of 2.00
feet; thence North 87° 43'41" East, along a line 10 feet South of and parallel
with the North line of said Lot 6, a distance of 50.06 feet; thence North
02° 15'26" West, along the East line of said Lot 6, a distance of 10.00 feet;
thence North 87° 43'41" East, along the North line of said Lots 1 through 5, a
distance of 250.28 feet to the Point of Beginning.
Together with:
(4) All of Lots 8 through 19 Block 22 North, together with a portion of Lots
1 and 20 Block 22 North, and all of Lots 2 through 18 Block 39 North,
together with a portion of Lots 1, 19 and 20 Block 39 North, and all of Lots 2
through 10 and 13 through 19 Block 42 North, together with a portion of Lots 1,
11, 12 and 20 Block 42 North, and a portion of Lots 1 through 10 Block 59 North,
and a portion of the 50 foot platted roadway lying between said Blocks 22 and
39, and a portion of the 50 foot platted roadway lying between said Blocks 39
and 42, and a portion of the 50 foot platted roadway Tying between said Blocks
42 and 59, all of City of Miami, according to the plat thereof, as recorded in
Plat Book. B, at Page 41, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows:
Beginning at the Northwest corner of said Lot 10 Block 22 North; thence North
87° 43'41" East, along the North line of said Lots 10, 9 and 8 Block 22, a
distance of 102.53 feet; thence South 02° 14'10" East, along the East line of
said Lot 8 Block 22, a distance of 10.00 feet; thence North 87° 43'41" East,
along a line 10 feet South of and parallel with the North line of said Lots 6
and 7, a distance of 100.01 feet; thence South 02° 14'19" East, along the West
line of said Lot 5, a distance of 2.50 feet; thence North 87° 43'41" East, along
a line 12.5 feet South of and parallel with the North line of said Lots 1
through 5, a distance of 225.51 feet to the point of curvature of a circular
curve to the right; thence Easterly and Southerly along the arc of said curve,
having a radius of 7.00 feet and a central angle of 90° 00'00", a distance of
11,00 feet; thence North 87° 45'16" East, a distance of 2.50 feet; thence South
02° 14'43" East, along a line 15 feet West of and parallel with the East line
of said Lots 1 and 20 Block 22, a distance of 202.47 feet; thence South
87° 43'39" West, a distance of 2.50 feet; thence South 02° 14'43" East,
along a line 17.5 feet West of and parallel with the East line of said Lot
20 Block 22, a distance of 77.98 feet; thence South 87° 43'37" West, along
the South line of said Lot 20 Block 22, a distance of 17.50 feet; thence
South 02° 14'43" East, along a line 35 feet West of and parallel with the East
line of said Lots 1 and 20 Block 39 and the Northerly extension thereof, a
,roe NO. 07139
Project Name,
MIAMI WORLDCENTER
DWG BY, JS1-1 SCALE: N/A
CM'D By: JEK DATE, 03/11/2014
SHEET 4- OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
�RryiErib
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
distance of 289.59 feet; thence South 87° 43'16" West, along a line 60.5 feet North
of and parallel with the South line of said Lots 20 and 19 Block 39, a distance
of 65,03 feet; thence South 02° 14'34" East, along the West line of said Lot 19
Block 39 and the Southerly extension thereof, a distance of 110.50 feet; thence
North 87° 43'16" East, along the North line of said Lots 2 and 1 Block 42, a
distance of 90.04 feet; thence South 02° 14'43" East, along a line 10 feet West
of and parallel with the east line of said Lot 1 Block 42, a distance of 140.00
feet; thence North 87° 43'16" East, along a line 140 feet South of and parallel
with the North line of said Lot 1 Block 42, a distance of 10.00 feet; thence
South 02° 14'43" East, along the east line of said Lots 1 and 20 Block 42, a
distance of 60.03 feet; thence South 87° 41'53" West, along a line 100 feet North
of and parallel with the South line of said Lot 20 Block 42, a distance of 10.00
feet; thence South 02° 14'43" East, along a Tine 10 feet West of and parallel
with the East line of said Lot 20 Block 42, a distance of 100.00 feet; thence
South 87° 41'53" West, along the South line of said Lot 20 Block 42, a distance
of 23.00 feet; thence South 02° 14'43" East, along a line 33 feet West of and
parallel with the East line of said Lot 1 Block 59 and the Northerly extension
thereof, a distance of 154.94 feet; thence South 87° 41'43" West, along a line 45
feet North of and parallel with the South line of said Lots 1 through 10 Block
59, a distance of 467.30 feet; thence North 02° 13'55" West, along the West line
of said Lot 10 Block 59, a distance of 104.96 feet; thence North 87° 41'52" East,
along the North Tine of said Lot 10 Block 59, a distance of 8.00 feet; thence
North 02° 13'55" West, a distance of 50.00 feet; thence South 87° 41'53" West,
along the South line of said Lot 11 Block 42, a distance of 8.00 feet; thence North
02° 13'55" West, along the West line of said Lots 11 and 10, Block 42, a distance
of 300.22 feet; thence North 87° 43'16" East, along the North line of said Lot 10
Block 42, a distance of 8.00 feet; thence North 02° 13'55" West, a distance of
50.00 feet; thence South 87° 43'16" West, along the South line of said Lot 11
Block 39, a distance of 8.00 feet; thence North 02° 13'55" West, along the west
line of said Lots 11 and 10 Block 39, a distance of 300.13 feet; thence North
87° 43'37" East, along the North line of said Lot 10 Block 39, a distance of 8.00
feet; thence North 02° 13'55" West, a distance of 50.00 feet; thence South
87° 43'37" West, along the South line of said Lot 11 Block 22, a distance of 8.00
feet; thence North 02° 13'55" West, along the West line of said Lots 11 and 10
Block 22, a distance of 299.97 feet to the Point of Beginning.
Together with:
(5) All of Lots 4, and 12 through 20 Block 43 North, together with a portion of
Lots 1, 2 and 3 and Lots 5 through 11 and lot 20 Block 58 North, and a portion
of Lots 1 through 10 Block 58 North, and a portion of the 50 foot platted
roadway lying between said Blocks 43 and 58, all of the City of Miami, according
to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public
Records of Miami -Dade County, Florida, being more particularly described as
follows:
.JOB NO. 07139
Protect N,111}e:
MIAM1 WORLDCENTER
1
CK•D By: JEK
DATE:
03/1v2o14
SHEET 5 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5162
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER
LEGAL DESCRIPTION
Beginning at the Southeast corner of said Lot 20 Block 43 North; thence South
87° 41'53" West, along the South line of said Lot 20 Block 43, a distance of
10,00 feet; thence South 02° 13'55" East, along a line 10 feet west of and
parallel with the East line of said Lot 1 Block 58 and the Northerly extension
thereof, a distance of 169.96 feet; thence South 87° 41'43" West, along a line 30
feet North of and parallel with the South line of said Lot 1 Block 58, a
distance of 39.95 feet; thence North 02° 14'14" West, along the West line of said
Lot 1, a distance of 15.00 feet; thence South 87° 41'43" West, along a line 45
feet North of and parallel with the South line of said Lots 2 through 8 Block
58, a distance of 349.68 feet; thence South 02° 16'21" East, along the East line
of said Lot 9 Block 58, a distance of 15.00 feet; thence South 87° 41'43" West,
along a line 30 feet North of and parallel with the South line of said Lots 9
and 10 Block 58, a distance of 99.91 feet; thence North 02° 16'57" West, along
the West line of said Lot 10 Block 58, a distance of 119.98 feet; thence North
87° 41'53" East, along the North line of said Lot 10 Block 58, a distance of
10,00 feet; thence North 02° 16'57" West, ❑long a line 10 feet East of and
parallel with the West line of said Lots 10 and 11 Block 43 and the Southerly
extension thereof, a distance of 339.64 feet to a point on the arc of a circular
curve to the right, at which the radius point bears South 49° 26'57" East; thence
Northeasterly along the arc of said curve, having a radius of 15.00 feet and a
central angle of 04° 20'13", a distance of 1.14 feet; thence North 87° 43'16"
East, along a line 10 feet South of and parallel with the North line of said
Lots 5 through 10 Block 43, a distance of 264.16 feet; thence North 02° 15'17"
West, along the West line of the East one-half of said Lot 5 Block 43, a
distance of 10.00 feet; thence North 87° 43'16" East, along the North line of
said Lots 4 and 5 Block 43, a distance of 74.99 feet; thence South 02° 14'50"
East, along the east line of said Lot 4 Block 43, a distance of 10.00 feet;
thence North 87° 43'16" East, along a line 10 feet South of and parallel with the
North line of said Lots 3, 2, and 1 Block 43, a distance of 139.98 feet; thence
South 02° 13'55" East, along a line 10 feet West of and parallel with the East
line of said Lot 1 Block 43, a distance of 140.12 feet; thence North 87° 42'34"
East, along the South line of said Lot 1 Block 43, a distance of 10.00 feet;
thence South 02° 13'55" East, along the east line of said Lot 20 Block 43, a
distance of 150.12 feet to the Point of Beginning.
Together with:
(6) A portion of Lots 11, 12, 13 and 14 Block 58 North, City of Miami, according
to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public
Records of Miami -Dade County, Florida, being more particularly described as
follows:
Beginning at the Southwest corner of said Lot 11 Block 58 North; thence North
02° 16'57" West, along the West line of said Lot 11, a distance of 119.98 feet;
thence North 87° 41'34" East, along a line 30 feet South of and parallel with the
North line of said Lots 11, 12, 13 and 14, a distance of 199.79 feet; thence
South 02° 15'45" East, along the East line of said Lot 14, a distance of 119.97
feet; thence South 87° 41'34" West, along the South line of said Lots 11, 12, 13
and 14, a distance of 199.75 feet to the Point of Beginning.
JOB NO. 07139
Project Name:
MIAMI WORLDCENTER
DWG BY, JSH
CK'D By: JEK
scAt.E: N/A
DATE, 03/11/2014
SHEET 6 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDGENTER
LEGAL DESCRIPTION
Together with:
(7) A portion of Lots 19 and 20 Block 58 North, City of Miami, according to the
plat thereof, as recorded in Plat Book B, at Page 41, of the Public Records of
Miami -Dade County, Florida, being more particularly described as follows;
Beginning at the Southwest corner of said Lot 19 Block 58 North; thence North
02° 14'32" West, along the west line of said Lot 19, a distance of 119.97 feet;
thence North 87° 41'43" East, along a line 30 feet South of and parallel with the
North line of said Lots 19 and 20, a distance of 89,90 feet; thence South
02° 13'55" East, along a line 10 feet West of and parallel with the East line of
said lot 20, a distance of 119.96 feet; thence South 87° 41'34" West, along the
South line of said Lots 19 and 20, a distance of 89.88 feet to the Point of
Beginning.
Said lands all situate in the City of Miami, Miami -Dade County, Florida and
contain 24.008 acres, more or less.
JOB No. 07139
ProJect Name: MIAMIWORLDCENTER
DWG BY: JSH
CK•D ey: JEK
SCALE: NJA
❑ATE1 03/11/2014
SHEET 7 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
1I r IME
SURVEYING&MAPPING
Certificate of Authorization No. LB7284
Tel: (561) 241-9988
Fax: (561) 241-5182
8'
10'-
JOB HO.
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
2512
25' "125'
U7
125' 1 25'
07139
=3 L
0 C ( 17
N. MIAMI AVE.
W
0
to
09 N
Ln o VI
0
CO oils
N
�Jr
NO2° 15'26"W
12.50'\_
S87° 43'42"W
50.07'
S02° 15'08"E Av,
25.00' °?°
°
o-rN•
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hJ
NO2° 14'32"W
12.50'
CO
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0 -P
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,-25.00'
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1
01 cc
o z
N NO2G 14'32"W
125,12'
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-Oro502° 13'55'E
-1-6 12 5,12'
251'2
ZI
m
-1
711
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Cif
N.E. 1ST AVE. S02° 13'55"E
— — —37.50'
cn
Protect N0meI
MIAMI WORLDCENTER
DWG BY, JSH
cn
n
SCALE! 1"-80'
CK•D By i JEK
DATE' 03/11/2014
SHEET 8 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. L87264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
1
f.lt
N.,N.E. 1ST AVE.
_
ul ND
— - - - N0 50 0[}5I'W NO2° 13'55"W4
25' 125' 587° 43'421W 125:12'
50.00' 25' r7N87° 43142"E
oo 10.00' _ o
1 I 125'
fV
CJ1
S02° 14'00"E
N 10.00'
N07° 14'05"W-
10.00'
w
NO2° 14'10"W
125.12'
a \P.O.B. 2
e SW COR.
O4.. LOT 14
o (A BLOCK 19 N
'0 4
S02° 14'19"E0'
10.00'
s
LT
0
0
0
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tv
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01
a
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10'
01
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0
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BLOCK
c' i m; 2 0 0
07
U
JOB NO. 07139
Pro.' c. Name,
MIAMI WORLDCENTER
OWG BY, JSEI
SCALE,
CK ' e By: JEK
DATE,
03/11/2014
SHEET 9 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
25'
25'
co
°
'IS H16 3'N
25' 1 25'
o0
°
c,J
0
0
b
r)
N
cn
N. MIAMI AVE.
NO2° 16'57"W 299.98'
Iv
S02° 16'03"E 149,99'
or;
CO
0
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Cal
0
N)
N
CO
NO2° 14'32"W 149.99'
N
rr
fV
Ul
0
CO
S02° 16'21"E
8.001
8"
GO
502° 15'45"E
2,00'
N87° 43'41"E
0 0, 50.06'
i
NO2° 15'26"W
n 10.00'
IV
5N
25', 25'
Qol
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m0
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,8Z'OSZ 3,,L b,ct oLBN
'1S H10 f. 3"N
25' 125'
S02° 13'55"E 299.97'
1
h]
co
0
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r0
J
OD
- N.E. 1ST AVE. I
25" 25'
J08 N0. 07139
Protect Nome:
MIAMI WORLDCENTER
DWG BY: JSH
SCALE: 1"-8C'
CK•D ey: JEK (DATE: 03/11/2014
SHEET 10 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
rn
133HS 33S
1
Ul
N
U.
NO2° 13'55"W
0
to
N.)
cn
.l . 1ST AVE.
299.97'
0
4s.
tom)
z
0J
4
('4
NJ 074
s
O2° 14'431'E
77.98'
S02°
z
00
0 0
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f_
{77
4s
m
12.5'—.-
N
14'43"E 202.47'
N.E. 2ND AVE.
0)
P1
i N
25'I 25'
0IFT1
25' 125'
NN
up NZ u n u
-GB-Co I�
cm 0,0
Z (n0
LOCK 2 1 r6
—10'
JOB
°o. 07139
Project ftome: MIAMI WORLDCENTER DWG BY: JSH
CK'D By: JEK
SCALE. 1"-80'
DATE: 03/11/2014
SHEET 11 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7284
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
125' 25' 1 1
N N
1ST AVE.
t" "' NO2° 13'55"W 300.13'
01
eGO oo a00
04 'off co
d=._ o — -
(rl CA GI
0) < LIi
UD 6
m -1
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17
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N.E. 2ND AVE.
BLOCK 40
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N 77.98'
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0)
J49 NO. 07139
Pro]tic Name,
MIAMI WORLDCENTER
DWG BY, JSH
SCALE: 1"=80'
CK 'D By, JEK
DAWE, 03/11/2014
SHEET 12 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
cn
N.E. 1ST AVE.
NO2° 13'55"W 104.96' "' "' NO2° 13'55"W 300.22'
3
11.
10
CG
4.102° 13'55
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140.00' N
N.E. 2ND AVE. 2
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0 C K 4 1
Jae No. 07139
Project Nome.
MIAMI WORLDCENTER
DWG BY. JSH
SCALE. 1"=80'
CK'D ay. JEK
DATE. 03/11/2014
SHEET 13 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
�RIMET�
Q� �R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (661) 241-9988
Fax: (561) 241-6182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER
� rur�,
0 ," .(Tr
N. MIAMI AVE.
ru NO2° 16'5T'W mow- —
`' 119.98'
r I NO2° 16'5/"W
30' 6
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fU
co
Lri
Li
cn
45'
aN
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CAI
I.7
30'
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96'
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_ I -
150.12' 1
S02° 13155"E 140.121
NJ 25' 125'
N.E. 1ST AVE. t" 1
NCY
r
JOB No. 07139
Project Name;
MIAMI WORLDCENTER
DIGfl, JSH
SCALE; 1"=B0'
cx`D w: JEK
DATE; 03/11/2014
SHEET 14 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No, LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WO LDCENTER
N. MIAMI AVE.
u2 NO2° 16'57"W 119.98'
25' 125'
4,
co
v
a
rg
z
Co
cov
00—
co ,
m
25'. 25'
—I-
30'—
3.12174-17 QLBN
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119.97*
O
10
CO
ry
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CP
U-1
00
NO2' 14'32"W
119.97'
30'
70
4 5'
S02" 13`55"E
-
ui 119.96'
N.E. 1ST AVE.
— 30'
2
25' . 25'
ry ry
cn to
N � N
JOB NO. 07139
Pro Ject Name'
MIAMI WORLOCENTER
DWG BY; JSH
SCALE t"=80'
CK'D eY JEK
ATE, 03/1/2014
SHEET 15 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "B"
Open Spaces Plan
MWC Amended and Restated Development Agreement
City Commission — First Reading — February 12, 2015
Page 16
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
MIAMI WORLD CENTER
December 16, 2014
North Pork
For ilkastralive purposes only
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
For illustrative purposes onl
oC M1AM1 WORLD CENTER
December 16, 20t4
South Pork
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
..a:..nya a�
awl xucsa
JPRA A.-chdects E.LKLIS [ MANFREDI Kinsey Hom MIAMI WORLDCENTER TMeF �T&ice
X....7 r,,. ..�..+.� L,...a..m..
Xt. nse, An1 .so PHASE ONE w`pnlLl ,LI-n�4 YI1n9.F Ys.�y�n{maX Peru •1!...1
YI� Y.s.Y�IN.Yw.s
peso- � elm,11�wslw
ILLUSTRATIVE PLAN
Gf 8113S11i
Sam 45 an-€11
1.111.
L1.01!
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
iux:pa r a_av
JPRA Archeectr
r....s- ILaA. v.�...be. 1.
+ + + 4 PECIESTRLO PFT7MEN/WE+ 1. i 4 4'4
41011;4* Ilk *AO. 11)%1111.40
444 c:1+.17+. ******* .116448.11114*
Boon Arvwdal
ELKUS I MANFREDI
fi..ir, is
+a. .1arr+
KimHorn
wino
MIAMI WORLDCENTER
PNASE ONE
MANIA fIo,. p
CMw
The Forties Ccmpaly The Taubman Company
fib. `n nra
•
ReXT TITLE
ILLUSTRATIVE PLAN
Soak h•�TF
L1.02
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
wa..2e101rerm woemea.w
LIPRIkArchIccts
.w.+.. r.Jr..ra.. Y.
Ia IL4YripN
ELKUS I MANFREDI
+aa alum
n. a.rsa
IlKinieeKorn
MIAMI WORLDCENTER The Forbes Company Tlee Taebmen Company
PHASE ONE
4-Err 7.11E
ILLUSTRATIVE PLAN
S.4 45 p- 11-11
SMUT X.
L1.05
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
a
JPRA Architects Emus 1 MANFREDI
IA..ftr'S
r••=opew+a!
I[Imlet#iarn
MJAMI WORLDCENTER
PHASE oevE
Mem, Flnr dp
The Fortes Company The Taubman Company
sevek
9nr rm[ 12
MAIN PARK ILLUSTRATIVE PLAN
Sue 15 •...f l:
L1.08
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
JPRA Archiacts
ELKUS I MANFREDI
KimIeL*Horn
MIAMI WORLDCENTER
PHASE ONE
The Forbes Company The Tub Company .......+....
arrn MI. NMI a r..M.r.Ylw.. •a
R..Y.wk. . ' `" .py,.
SHEET 1.1LE
NORTH PARK IILUUSTRAT14E PLAN
Sw,
L1.09
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
mo . , lane.
arty Ardinca
t wF.r awti, aera a... la.
la=7, .ax+i.l.
aa: •cr..r
PROPOSED LAWN SCLRLPTUR€S ARE SRO WN
AS PLACEHOLDERSAND WILL BE DISCUSSED
FURtMEt %MTH THE CITY
UM PLANT SC}1EDLRE
0
limallr r-JM1mir.fml
mpnr.rrmama
a.....r.11•OPT•m.
iiknon.P... I%arum.
Ardir
■
YwaplrCr. COMA.
EMUS I MA FRFf1
mxr.+.Pr
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ariY..nYaMrrY.
••••..p•r4opm
.war= roe
ru
+li+w� rar..w
w�Iwa:�IJwr..,Fr
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irr��a�rJw.rrr
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+_.=rrar...
rwr.p•..rww.+
.r•rr'bJ.MP.
Isw.-.IlOPwlss.
GEOPP..P41Pa
v.
Ammo �1 =LM IVY'�a�
rs�Kfa
011•111.1.141.JM1r.�ar x
WirnleV Horn
MIAMI WQRLDCENTER
PHASE ONE
i
INE 10TH STREET
Orr
The FOrhs Ccenpany
The Taubman G«npery
LANDSCAPE KKAI
Nam 49 M»Tr1
Peper Low!
3141349
L3.01
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Ammo lealiorl
JPRA Al-chieds ELKUS I MANFREDI
mHIEC,s
mow ..a, w.
Pw�111�Y1r�M .®PV1Y.i104MPI.8N
,. ,.._.w
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+W. a5 1 In• 1a�F.t
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0
a1%
I_
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zmopmwerw
a7
1
0
C7
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MIAMI WORLDCENTER
PHASE ONE
The Fordos Company
The Tubmn CgmppnV
YP. 6A IA.-... r
14.:Whoa
v.r.P.
1.01.0111_
PROPOSED JAM SCULPTURES ARE SHOWN
AS PLACEHOLDERS AND WILL BE DISCUSS£',)
FuRTHF tWITH THE CIT'!
salrreE
LANDSCAPE PLAN
s
L3.02
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "C"
Regulating Plan
City Commission— First Reading — February 12, 2015 Page 17
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number 08-01015zt1
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI
WORLDCENTER TO MODIFY CERTAIN DESIGN STANDARDS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 13, 2008, the City Commission adopted Ordinance No.
13038, creating the 25 +/- acre zoning district entitled SD-16.3 "MIAMI WORLDCENTER", as
amended; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended
incorporating SD-16.3 as Appendix D: Miami Worldcenter; and
WHEREAS, the "Miami Worldcenter" project integrates public improvements and
infrastructure while providing greater flexibility resulting in higher quality architecture and design;
and
WHEREAS, transformative projects such as Miami Worldcenter are critically important to
the economic revitalization and enhancement of the City of Miami Downtown area; and
WHEREAS, the amended "Miami Worldcenter" Development Standards will benefit the
area by promoting the development of a significant mixed -use community in the City's Urban
Core inclusive of a retail commercial center, residential units, hotel rooms, multiple central open
plazas promoting interaction with existing uses including but not limited to, Biscayne Boulevard,
Park West, Southeast Overtown, Miami River and Downtown; and
WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting of
September 3, 2014, Item No. PZAB.3, following an advertised hearing, adopted Resolution No.
PZAB-R-14-056 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the update of
the Appendix D: Miami Worldcenter text amendment; and
WHEREAS, the City Commission after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants
to amend Ordinance No. 13114 as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
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Section 2. The "Appendix D:Miami Worldcenter", as amended, inclusive of the
Amended Zoning Regulations and the Development Standards, as approved, shall be binding
upon any development project within the district boundaries.
Section 3. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by making modifications to Appendix D in the following particulars {1}:
"APPENDIX D: MIAMI WORLDCENTER"
MIAMI WORLDCENTER
The Miami Worldcenter (hereinafter also referred to as the "SD 16.3 Miami Worldcenter area")
is generally bounded by NE 2nd Avenue on the east, North Miami Avenue on the west, NE 11th
Street on the north, and NE 6th Street on the south, excluding the areas generally described as
"The Club District" and the "Network Access Point of the Americas (NAP Center)". The
boundaries are more specifically identified in Map 1, as included in the Development Standards.
16.12.1 Section 1 MIAMI WORLDCENTER GOALS
The conservation goals include conserving energy and reducing carbon dioxide emissions
through improved street connectedness to encourage improving pedestrian connectivity and
encouraging walkability, multi -modal mass aR8 transit use, increased increasing tree canopy.
new public spaces, and encouraging green buildings.
16.12.1.1 Section 1(a) The development goals include:
a. 1. Establishing Sspecific areas that are compact, pedestrian -oriented and mixed -
use. Increased density and intensity of use is encouraged due to the proximity of
current and proposed transit service and appropriate building densities and land
uses should occur within walking distance of transit stops.
b. 2. Maintaining the future growth of downtown infill redevelopment ensuring
Miami's focus for the region's economic, civic, and cultural activities.
G, 3. A Creating a diversity of uses distributed throughout the selected specific area
of an existing District that enables a variety of economic activity, workplace,
residence& residential and civic space. Civic and commercial activity should be
embedded in the mixed -use District as identified in the Intent for SD 16, 16.1,
16.2 the Southeast Overtown Park West Commercial -Residential Districts.
d- 4. Reinforcing community identity through thoughtful placement of Gcivic and
public gathering spaces should be located to reinforce community identity.
e. 5. Constructing Sbuildings and landscaping that contribute to the physical
definition of Thoroughfares as civic places.
f, 6 n cpocific area within an evicting Dictrict that incl, ,doc Establishing a framework
of transit and pedestrian systems that accommodates automobiles while
respecting the pedestrian and the special form of public spaces.
Ensuring that private development contributes to infrastructure and cmbcllishc&
promotes a pedestrian and transit friendly public and private realm of the highest
quality.
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16.12.1.2 Section 1(b) The Miami Worldcenter Design Development Standards ("Design
Development Standards") and the Miami Worldcenter Regulating Plan ("Regulating Plan")
provide more detailed clarification to are intended to provide context and illustrative examples of
permitted and compatible development of the SD 16.3 Miami Worldcenter area and are
incorporated herein by reference.
16.12.2 Section 2 EFFECT OF SD 16.3 MIAMI WORLDCENTER AREA DESIGNATION
The SD 16.3 Miami Worldcenter Master Plan Design Development Standards and the
regulations herein shall supplant those otherwise in conflict with the Miami 21 Zoning
Ordinance. districts or portions of districts included within the SD 16 Special District boundaries
to the extent indicated herein. Unless stated otherwise herein, these regulations supersede any
provisions within the Miami 21 Code.
16.12.3 CLASS II SPECIAL PERMIT Section 3 WARRANT
16.12.3.1 Section 3 (a) When required
A Class II Special Permit Warrant shall be required prior to approval the issuance of any a
building permit for: (1) any development which seeks a deviation from the standards in this
Appendix D; (2) a development which substantially affects+ng the height, mass 461114, location or
exterior configuration of any existing building; (3) the construction of a new building; or
the implementation of signage, awnings, fences or any other improvement visible from a public
right-of-way.
16.12.3.2 Section 3(b) Considerations in making Class II Special Permit determinations
The purpose of the Class II Special Permit Warrant shall be to ensure conformity of the future
development applications with the Appendix D, as amended, keeping in mind the expressed
intent of Sec. 616. SD 16, 16.1, 16.2, the Southeast Overtown Park West Commercial -
Residential Districts, with the general considerations listed in Section 1305, Article 4, Table 12
and with the special considerations contained in the Miami Worldcenter Master Plan Design
Development Standards and Regulating Plan incorporated herein by reference. A Traffic Study
shall only be required in connection with: (1) an original Warrant application for a new Building;
or (2) modifications to approved Buildings where the proposed use(s) is substantially different
from that originally approved.
16.12.3.3 Section 3(c) Waiver of Design Standards Special District Permit Minor Modifications
& Modifications to Approvals
Standards, incorporated by rcfcrcncc (collectively, "Design Guidelines and Standards"), may be
waived by the Planning Director pursuant to a Class II Special Permit . Waivers by the Planning
twenty percent (20%) from the numeric standard.
(1) Unless otherwise required by these Development Standards, as amended, the Zoning Code
of the City of Miami, as amended, or the Florida Building Code, as amended, these
Development Standards may be modified by the Planning Director, or his or her designee,
pursuant to a Special District Permit ("Special District Permit"). The Zoning Administrator, or his
or her designee, may waive or modify any provision of these Development Standards, up to ten
percent (10%), by Special District Permit, except Density, Intensity and Height, on a case by
case basis, when doing so will promote the intent of the Miami Worldcenter or these
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Development Standards. All applications for a Special District Permit shall be submitted in
writing to the Zoning Administrator, detailing the need for the modification or correction, as the
case may be, together with a fee detailed in the City's adopted fee schedule. Special District
Permit applications shall be reviewed by the Zoning Administrator within fifteen (15) days of
submission, and shall be referred to the Planning Director, or his or her designee, within five (5)
days after the expiration of the initial fifteen (15) days review period. If the requested relief or
modification to these Development Standards is determined to be in compliance with the intent
of these Development Standards, the Planning Director shall approve the Special District
Permit. Special District Permit applications may be filed in connection with a new building or in
connection with the modification of a previously issued approval, including, but not limited to a
Warrant.
(2) The Planning Director, or his or her designee, may authorize variations or modifications to
this Ordinance, including these Development Standards, up to a maximum of twenty percent
(20%) by Warrant, on a case by case basis, when such variation would promote the intent of
these Development Standards, or is otherwise found by the Planning Director to be appropriate
given the particular facts and circumstances of the Warrant application.
(3) An applicant may modify a Warrant or Special District Permit approved under this Article, as
a minor modification through the Special District process. Minor Modifications include:
1. Those changes that meet these Appendix D regulations; or
2. Changes in the project phasing; or
3. An increase in height not exceeding five percent (5%) of the approved height; in no instance
can such increase exceed the twenty percent (20%) cumulative increase available by Warrant in
Appendix D, as amended.
In the event that the modification is determined to be "not minor" a new Warrant shall be
required.
Modifications available under this Section 3(c) shall not be applicable to the Building
Configuration contained in Section 9(a).
16.12.1 Section 4 FLEXIBLE ALLOCATION OF DEVELOPMENT CAPACITY
When pProperty within the SD 16.3 Miami Worldcenter area containing nine or more contiguous
acres under the ownership or control of a single entity is submitted as a project ("Project"), the
„nconctrainod by tho FAR f„r any indi„id„al cito may be subject to a Declaration of Restrictive
Covenant(s) in Lieu of Unity of Title in a form approved by the City and the City Attorney
("Covenant in Lieu"), which permits flexible allocation of Density and Intensity for sites within the
Miami Worldcenter area so long as the overall FAR Height and mass distribution does not result
in development that is out of scale or character within the permitted Building envelope(s). The
Covenant in Lieu shall be consistent with development allowed , ender the land development
regulations for the Miami Worldcenter area, of fef the adjacent areas, and the Miami
Comprehensive Neighborhood Plan. allocatcs FAR &Sufficient FLR must be allocated to build
structures -to a minimum of two stories on all parcels within the project except oOpen &Space
and GCivic &Space sites, and provides all SD_1a 3 Miami Worldcenter area regi iirementc
including open space, civic space, and parking.
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16 17 A 1 Maier I Ise Special Permit
11000, when property within thc SD 16.3 Miami Worldccntcr area containing ninc or morc
Major Use Special Permit within the project is required for: (1) non residential or lodging uses in
hotel and related office building with a mix of retail and office uses evnco..ds two million squarc
feet.
16.12.5 Section 5 DEFINITIONS
For the purpose of the SD 16.3 Miami Worldcenter area, the following definitions shall apply:
Terms not defined herein shall have the meaning provided in Miami 21 Article 1 Sec.2502 of thc
Zoning Ordinance of the City of Miami ("Zoning Ordinance").
Accessway: An ingress/egress easement for pedestrian and vehicular access as designated
by a recorded plat, deed, or other legal instrument.
Abu g• r nh or touch• try touch at the d or he ntin,,o, n�ith• join at the rl•1 or
,� +g�teTea eFI��GA,,,,ga� ,�er�
bo nan aryterminna a on. A b tting properties incl�r 'ry ' ppropert es ross a street or
alley.
Arcade: A covered pedestrian outdoor space along the any side of a Building at the ground
level that is open on three sides and has a minimum width of 15 feet feet depth ,
which may provide access to shops along one (1) or more sides, per the Design
Development Standards.
Architectural Screening Layer: An architectural treatment along the face of a building facade
intended to conceal all internal building elements such as ramping, plumbing pipes,
fans, ducts, ceilings, slab edges and lighting. An Architectural Screening Layer is
required for any parking garage or portion thereof that is not concealed by a Liner.
Back of Curb Line: A straight building reference line established at the back of the street curb
that does not offset for projections into the street such as bulb outs or tree planting
areas, as shown in Tablc 3 and in thc Rcgulating Plan and Design Standards.
Balcony: An unenclosed habitable structure cantilevered from or inset within a facade or
cicvation.
Block: The aggregate of private lots, pascages, rear lanes and Alleys, the perimeter of which
abuts Thoroughfares.
Building Configuration: The form of a Building, based on its massing, relationship to
Frontages and lot lines and height
,
position: The placement of a Building on its lot.
Building Use: The uses accommodated by a Building and its lot.
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Building Height: The vertical extent of a building measured in Stories.
Build to line: A line established within a given Lot indicating where the outer edge of a
structure must be located.
Civic Space: An outdoor area provided or dedicated for public use in perpetuity by fee title or
easement. Civic Space types are defined by the combination of certain physical
constants including the relationship between their intended use, their size, their
landscaping and their enfronting buildings. See Table 2 and Design of the
Development Standards.
Corridor: A lineal geographic system incorporating transportation, walkways, and/or
greenways.
Courtyard: Open space, partially defined by walls or buildings as regulated by the SD 16.3
Miami Worldcenter area. See Design Development Standards.
Design Speed: The speed at which a Thoroughfare is designed to be driven.
Development Standards: Those standards attached hereto and incorporated herein, inclusive
of the Regulating Plan, Street Designs, Building Designs and applicable Tables.
Display Windows: Areas of storefront glazing that are designed to display items for sale within
the retail space behind the display.
Elevation, Floor: Height of floor level.
th E1n„ront: T i pl m releent along a Frontage as in �rr-porchres enfronn vnt e-street.,,
Entrance, principal: Themainpoint of access of pedestrians into a Building.
Facade: The exterior wall of a building that is set along a Frontage
Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured
to the exterior of the walLor balcony excluding Balconies.
Frontage: Lot face abutting a public space, such as a Thoroughfare, whether at the front, rear,
or side of a lot.
Gallery: A covered pedestrian area abutting the any side of a building on the ground floor which
may provide access along one or more sides of a building_
Green Space: aAn outdoor Open Space outdoors, at grade, unroofed, landscaped and free of
impervious surfaces.
Habitable Space: Building space which use involvcs human prescncc with dircct vicw of the
cnfronting strccts or public or privatc opcn space, excluding parking gar e , sclf
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service storage facilities, warehouses, and display windows separated from retail
activity.
Height: See Building Height.
Infrastructure and Utilities: A facility related to the provision of roads, water and sewer lines,
electrical, telephone and cable transmission, and all other utilities and
communication systems necessary to the functioning of a community.
Layer, First: The area between the Back of Curb Linc and the Build to Linc Base Building Line
and the required setback as shown in the Design Development Standards.
Layer, Second: Twenty feet (20) siteward from the Build to Line.
Layer, Third: That portion of the lot that is not within the First and Second Layer.
Layer: A range of depth of a lot within which certain elements are permitted as regulated in the
SD 16.3 Miami Worldcenter area, as provided in the Design Development
Standards.
public space, masking a use that has no capacity to monitor public space, such as a
parking lot, parking garage or storage facility.
Master Sign Package: The Master Sign Package shall allow buildings exceeding 200,000
square feet of Building Floor Area, mixed use developments over four (4) stories,
entertainment establishments, and Civil Support Uses exceeding 200,000 square
feet of Building Floor Area greater flexibility in Sign regulations to result in a higher or
specialized quality of design. A Master Sign Package shall include the following: a
plan view of each block indicating location of each sign type on each level, and
specifications for each sign type.
Open &Space: Any parcel or area of land or water, located at the ground level floor, essentially
unimproved by permanent buildings, and any ground floor level area of Galleries,
Arcades, and Paseos, as depicted in the Development Standards, which is an4 set
aside, dedicated, or otherwise designated or reserved for public use or enjoyment, or
private use or enjoyment or frthe—use and enjoyment of by the owners and
occupants of land adjoining or neighboring such open spaces. Open Space includes
Oho grog end floor lovol of Gallorioc o/A rcadoc and d novoroand unnovorod pacooc
Parking Garage or Parking Structure: A structure containing vehicular parking, including
robotic and/or mechanical parking systems.
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Paseo: An access way public opcn cpacc restricted limited to pedestrian use and limited
controlled vehicular access that connectinqs streets, plazas, alleys, garages and
other public use spaces. Paseos must have a minimum width of 20' feet and may be
enclosed or otherwise secured. Paseos will remain open to the public during regular
business hours but may be secured during non -business hours.
Podium: That portion of a building up to the eighth Story 129 feet, as measured from the
average elevation of the crown of the adjacent right-of-way.
Porte Cochere: A vehicular entrance/drop-off area that includes a canopy element and a
driveway that extends into the First Layer.
Public Benefits Bonus: aAn advantage that allows a developer to increase FAR FLR by an
additional 7950% of FAR FLR capacity within the district Miami Worldcenter area in
exchange for the developer's contribution to specified programs that provide benefit,
advantages, and increased use and enjoyment of the district to the public.
Public Parking: A structured parking facility or portion thereof or garage available to the
general public for parking motor vehicles and bicycles.
Retail Frontage: Lot faces designated where the ground level is available for retail use.
Roof Structure: A structure above the Podium as described in the Development Standards.
Signature Tower: The Miami Worldcenter Signature Tower shall be a distinct and unique
Tower to be located on Tract A of the Miami Worldcenter Plat which shall front on NE
1st Avenue and maintain a minimum distance of 100 feet from any other Tower
located on Tract A as shown on the Regulating Plan within the Development
Standards.
constructed.
Story: A level within a building by which Height is measured.
Special District Permit: The Special District Permit shall be an administrative permit as
described in Section 3(c) of this Article.
Stepback: Offset in the facade of the Podium as depicted in the Development Standards.
Street Corridor: The space defined by the Streetwall (building facades) and the ground plane
in between the Streetwalls.
Streetscape: The urban cicmcnt that cstablichcs thc major part of thc public rcalm. The
for cars anal �ew ks r s f pede t-ianc�s w� as the amenities of the
roi--vac rrcr "� f"`^`� � c purr �v � �rr�QTIT mca�rmc
Frontages (street trees and plantings, benches, streetlights, paving, street furniture,
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Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage
Build to -Zinc, or coplanar with the Facade, often for the purpose of masking a parking
lot or other structure from the Thoroughfare.
Streetwall: Refers to the facades of buildings up to the first eight storicc, of the Podium that face
a Thoroughfare, as provided in the Design Development Standards. Streetwalls
shape the level of visual interest on each block and create a sense of enclosure for
pedestrians. Streetwall height is measured from the average grade of the sidewalk
level to the first building Setback from the Build to-Li-nc Base Building Line, as shown
in the Design Development Standards.
Tract A: The area encompassed and depicted in the Miami Worldcenter Plat and generally
bounded by NE 10th Street on the north, NE 7th Street on the south, NE 2nd Avenue
on the east, and NE 1st Avenue on the west and as shown on the Regulating Plan in
the Development Standards.
Thoroughfare: A vehicular way incorporating travel lanes for vehicles, parking lanes for cars,
acid cirlowalkc or pathc for podoctrianc ac part of an intornonnontorl notwork for
vehicular and pedestrian mobility.
Tower: That portion of a building that extends above the Podium, excluding Roof Structures as
described in the Development Standards.
any adjoining public sidewalk.
View Corridor: An axial view terminating on a natural, historical, or special feature.
6 Section 6 LOTS AND FRONTAGES
16.12.6.1 Section 6 (a) Buildable sites shall Enfront a vehicular Thoroughfare, or Civic Space
with at least one Frontage, as depicted in the Design Development Standards and Regulating
Plan.
16.12.6.2 Section 6 (b) For the purposes of the SD 16.3 Miami Worldcenter area, lots are
divided into Layers which control development on the lot.
16.12.6.3 Where the property to be developed abuts an existing building, the Planning Director
may approve, pursuant to a Class II Special Permit a transition so that the proposed bi iilding
location matches or provides a transition to the adjacent la iilding location
16.12.7 Section 7 MEASUREMENT OF HEIGHT
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16.12.7.1 Section 7 (a) Unless otherwise specified herein, the Height of Buildings shall be
measured in Stories. The #Height of fences, walls and hedges shall be measured in feet. The
Height of Building facades facing the street, fences, walls, and hedges shall be measured from
the Average Sidewalk Elevation or Base Flood Elevation as established by FEMA.
16.12.7.2 Section 7(b) A Story is a habitable level within a Building. Except as otherwise
provided in this eOrdinance, the maximum #Height of a Story from finished floor to finished floor
is 14 feet. Below grade Icvcis Basements that are fully below -grade are not considered
Stories for the purposes of determining Building Height.
16.12.7.2.1 Section 7(b)(1) A ground level retail Story may exceed the 14 foot limit up to 25
feet. A retail single floor level exceeding 20 feet, or 25 feet at ground level, shall be counted as
2 Stories. Where the first 2 stories are contain retail uses, their total the maximum combined
#Height shall be limited to 39 40 feet and the first floor shall be a minimum of 14 feet. Where the
first three stories are retail, their total maximum combined #Height shall be 5-9 60 feet and the
ground floor and second floor shall be a maximum of 39 40 feet in combined floor to floor
#Height. The three retail floors shall be counted as 3 Stories, and the total finished floor to
finished floor #Height of the Podium shall not exceed 129 feet.
16.12.7.2.2 Section 7(b)(2) Single floors within +e a Podium above ground level used for public
functions, such as ballrooms, meeting rooms, convention halls, classrooms, lecture rooms,
theaters, and sports facilities may have a single Story floor to floor #Height up to a maximum of
60 feet. The total finished floor to finished floor #Height of the Podium shall not exceed 129 feet.
16.12.7.2.3 Section 7(b)(3) Mezzanines are permitted. Mezzanines nding beyond larger
than thirty-three percent (33%) of the fFloor aArea of the floor platc Floorplate below shall be
counted as an additional floor.
16.1 74 Section 7(b)(4) A Parking Structure or a portion of a structure containing parking,
concealed by a Liner or aArchitectural element Screening Layer as provided in the Design Stan
dards and Regulating Plan may be equal to the Height of the Podium, without regard for the
number of Stories in the Parking Structure as further defined in the Development Standards.
16.12.7.3 Section 7 (c) Building Heights shall be measured in Stories and shall conform to
Table 3 and to the Design Development Standards. First -floor elevation shall be at average
Sidewalk grade. A first level Residential use or Lodging use shall be raised a minimum of two
(2) feet and a maximum of three and a half (3.5) feet above average sidewalk street grade,
except that entrance lobbies and public spaces may be at sidewalk level.
16.12.7.3.1 Section 7(c)(1) Except as specifically provided herein, the Height limitations of the
SD 16.3 Miami Worldcenter area shall not apply to (1) any ree# Structures for housing elevators,
stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the
Building (provided that such Structures shall not cover more than twenty-five percent (25%) of
roof area and shall not cxcced the maximum Height by 1'1 feet; (2) water towers, flagpoles,
vents, or similar Structures, which may be allowed to exceed the maximum Height by Class II
Special Permit Warrant; or (3) fire or parapet walls. Roof decks shall be permittcd up to the
maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet.
16.12.7.3.2 Section 7(c)(2) Except as provided in Subsection 7(d) 16.12.7.'l, there shall be no
#Height or coverage limits for (1) non-functional decorative architectural elements, and (2) solar
or wind energy collectors.
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16.12.7.E Section 7(d) No Building or other Structure shall be located in a manner or built to a
Height which constitutes a hazard to aviation or creates hazards to persons or property by
reason of unusual exposure to aviation hazards. In addition to any Height limitations established
by the SD-16.3 Miami Worldcenter area, limitations established by the Miami -Dade County
Height Zoning Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami
International Airport), as may be amended from time to time, shall apply to Heights of Buildings
and Structures.
A letter authorizing clearance from the Miami -Dade Aviation Department of and the Federal
Aviation Administration (FAA) may shall be required by the Zoning Administrator prior to the
issuance of any Building permit.
8 Section 8 BUILDING DISPOSITION
16.12.8.1 Section 8(a) Improvements on newly platted lots shall be dimensioned according to
Table 3 incorporated herein by referencc of the Development Standards.
16.12.8.2 Section 8(b) Lot coverage by any Building shall not exceed that shown in Table 3
incorporated herein by reference of the Development Standards.
16.12.8.3 Section 8(c) Buildings shall be disposed in relation to the boundaries of their lots
according to Table 3 incorporated herein by reference and the Regulating Plan.
16.12.8.E Section 8(d) Buildings shall have their principal pedestrian entrances on a Frontage
Build to Linc or from a GCourtyard at the Second Layer as depicted in the Design Development
Standards.
16.12.8.5 Section 8(e) For the first two GStories, Facades shall be along the Frontage a
minimum of seventy percent (70%) of its length en addressing the Build to-Linnc Setback Line as
shown in Table 3 and- the Design Development Standards.
16.12.8.6 Section 8(f) At the first Story, Facades along a Frontage Build to-Linnc shall have
frequent doors and windows as provided in the Design Development Standards. Vehicular
entries should be minimized to the maximum extent possible consistent with the level of use and
shall occur at a minimum spacing of sixty (60) feet unless a shorter distance is approved
deemed by Class II pecial Permit Warrant.
16.12.8.7 Section 8(q) Setbacks from the Back of the Curb Line Base Building Line for
Buildings shall be as shown in Table 3 incorporated herein by reference and the Regulating
Plan of the Development Standards. Setbacks from the Back of Curb Linc Base Building Line
may be adjusted to conform to an existing adjacent building location by Class II Special permit
Warrant. Frontage Setbacks from the Build to Linc Base Building Line above the eighth floor
Podium where for lots having have one dimension measuring one hundred (100) feet or less
may be a minimum of zero (0) feet by Class II Special permit Warrant. Lots abutting the FEC
Railway and the Metromover Rail may have a zero (0) Setback for the Podium and Tower. The
Frontage Setback from the Build to-Linc Base Building Line shall not be required for a Frontage
facing a Pedestrian Promenade, Plaza Civic Space, or a Street Corridor70 feet or greater in
width, as provided in the Regulating Plan and Design Development Standards. A heavily
landscaped and Streetscreened outdoor vehicle storage area may be located on NE 10th Street
between North Miami Avenue and NE 1st Avenue, by Warrant, having a reduced parking
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placement Setback of only 10 feet on all frontages.
16.12.8.8 Section 8(h) Above the cighth floor Podium, minimum building Tower spacing is sixty
(60) feet, except the Signature Tower which shall be spaced a minimum of one hundred (100)
feet, Tower to Tower. For lots having one dimension of one hundred (100) feet or less along a
street Frontage or its longest depth, side and rear Setbacks from non -Frontage lot lines above
the cighth floor Podium may be reduced to a minimum of twenty (20) zero (0) feet by Class II
Special Permit Warrant. ""tea—the—e+g th floor in tho SeeGIRGI—Layor at a Setback from tho
Build to Line of not Tess than ten (10) feet, an additional two stories of habitable space may
0
additional Setback from the Build to Line to accommodate depth of swimming pools,
FAR area
Section 8(i) Above the Podium, additional habitable space shall be permitted as described in
the Development Standards, Roof Structures.
16.12.9 Section 9 BUILDING CONFIGURATION
16.12.9.1 Section 9(a) Above the cighth floor Podium, the maximum Building Tower Floorplate
dimensions shall be limited as follows: detailed below. Length of Building shall be
measured parallel to the Frontage Line.
a. 18,000 20,000 square feet for Residential Uses.
b. 30,000 square feet for Commercial Uses and for parking.
c. Vertical mixed -use buildings with at least 33 10% of the Tower floors having 144
Commercial Uses may use the 30,000 square foot Floorplate average for the
entire Tower.
d. 180 feet maximum length of a side for Residential Uses.
e. d. 225 200 linear feet maximum Tower length of a side for Commercial Uses or
Residential Uses.
e. 22,500 square feet for Residential Uses and 225 linear feet maximum Tower
Floorplate length of a side for Residential Uses on Tract A.
f. The Signature Tower may contain a Floorplate of up to 27,500 square feet and
may have a maximum Tower length of 275 linear feet .
16.12.9.2 Section 9(b) Projections into the First Layer shall be as follows: Above the first story,
up to %2 of the Streetwall #Facade may project up to 6 feet into the First layer; Entry canopies
may project up to one hundred percent (100%) of the depth of the First Layer, except as may be
further allowed by Chapter 54 of the City Code; Canopies and cantilevered awnings may project
into the First Layer up to 15 feet; Above the first Story, cantilevered bBalconies and bay
windows may project a maximum 6 feet into the First Layer; Above the Streetwall,
bBalconiesand bay windows may project up to 6 feet into the setback from the Streetwall; Roof
cantilevers, trellises. and crowns may project up to 15 feet into the First Layer and be elevated
one sStory above the roof terrace; and, Facade components promoting energy efficiency such
as shading and Screening devices that are non -accessible may project a maximum of 4 feet into
the First Layer.
16.12.9.3 Section 9(c) Galleries and Arcades shall be a minimum of 15 feet wide deep and,
ttho City of Miami acme44€1od FRay-bveftap-the-wlable-wk4th-ef-the-S4Glelmal-k-te-withi-n-two-(2-}
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feet of the curb, except where the Gallery or Arcade is located under the Miami Dade County
Transit System, then the Gallery or Arcade may be reduced in conformance with that permitted
by the Miami Dade County Transit Authority. The #Height of an aArcade, measured to its lowest
point, shall be no less than its width.
16.12.9.1 Section 9(d) All outdoor storage, electrical, plumbing, mechanical, and
communications equipment and appurtenant 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.
16.12.9.5 Section 9(e) Loading Ddocks and service areas shall be internal to the building
served. Required Loading Spaces may be reduced by process of Warrant upon submittal of a
shared service management plan. Vehicular entries to loading docks and service areas shall be
as provided in the Design Development Standards, Parking, Loading , and Service Access
Diagram.
16.12.9.6 Section 9(f) All ground floor utility infrastructure and mechanical equipment shall be
concealed from public view. At the building Frontage, all equipment such as backflow
preventers, Siamese connections, 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 only
above the first second floor as shown described in the Design Development Standards.
Services and Utilities. Rooftop equipment, except antennas, shall be screened from lateral view.
16.12.9.7 Section 9(g) Within the Second and Third Layers, fences, walls and hedges shall not
exceed a height of eight (8) feet; this limitation shall not apply on top of the Podium.
16.12.10 Section 10 BUILDING USE & DENSITY
16.12.10.1 Section 10(a) Principal and accessory uses of Buildings shall conform to Article 4,
Table 3, Building Function: Uses, for T6-O, Urban Core. Zoning Ordinance 11000, Scctions
616.1 and 616.5, respectively. All uses permitted by Right (R), shall continue to be permitted by
Right. Open Air Retail (excluding Flea Markets), Large Scale Retail Establishments,
Colleqe/University, and Community Facilities shall also be permitted by Right. Alcohol Beverage
Establishments shall be permitted pursuant to Chapter 4 of the City Code. All other uses shall
conform to the necessary approval as described in Article 4, Table 3.
16.12.10.2 Section 10(b) Densities are permitted in accordance with Article 4, Diagram 9,
Residential Density Increase Areas within the Park West District, as amended. Lot Area,
inclusive of dedications, is used for purposes of calculating Density and Intensity. a Intensities
shall conform to Tablc 3 incorporatcd hcrcin by rcfcrcncc be equivalent to the following:
Floor Lot Ratio (FLR) (18)/50% additional Public Benefit
16.12.10.3 The calculation of the FAR shall not apply to on cite parking, to that portion of the
Frontages.
16.12.11 Section 11 PARKING STANDARDS
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16.12.11.1 Section 11(a) The required parking shall be calculated based on the Habitable
Rooms of each Use as follows:
USE
MINIMUM
MAXIMUM
Retail and Commercial
1 space / 1000 sf
1 space / 300 sf
Office
1 space / 1000 sf
1 space / 600 sf
Residential
1 space / dwelling unit
2 spaces / dwelling unit
Hotel
1 space / 4 guest rooms
1.5 spaces / guest room
Theater
1 space / 7 seats
1 space / 3 seats
Bicycles
1 rack / 20 required parking
N/A
spaces
Other
1 space / 1000 sf
1 space / 600 sf
16.12.11.1.1 Section 11(b) On -street parking in the SD 16.3 Miami Worldcenter area shall
count toward the minimum parking requirements.
16.12.11.1.2 Section 11(c) For residential uses located within 1,000 feet of an existing
Metromover stop, no off-street parking is required. Parking may be reduced as described in
Article 4, Table 4 of Miami 21, as may be amended.
16.12.11.2 Section 11(d) Vehicular parking design standards and loading shall be required as
shown in Table 1 incorporatcd hcrcin by rcfcrcncc of the Development Standards.
16.12.11.3 Section 11(e) Required Parking and loading is encouraged to shall be accessed by
an Alley when available and otherwise as provided in the Design Standards as detailed on the
Parking, Loading, and Service Access Diagram of the Development Standards unless approved
by Warrant.
16.12.11.E Section 11(f) All parking, including open parking areas, covered parking, garages,
IIoading docks and service areas shall either be located within the Third Layer or shall be
masked from the Frontage by: (1) an aArchitectural Screening (Layer per Sec. 12(d) 16.12.12.1
below, (2) a Liner Building or, (3) a Streetscreen, as illustrated in the Design Development
Standards and in a design to be approved by the Planning Director. Underground parking may
extend into the Second and First Layers only if it -is fully underground and does not require
raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps
to underground parking shall be within the Second or Third Layers.
16.12.11.5 Section 11(g) The vehicular entrance of a parking lot or garage on a Frontage shall
be no wider than 45 feet ai the minimum distance between vehicular entrances shall be sixty
(60) feet. A ten percent (10%) deviation may be approved by Class II Special Permit.
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16.12.12 Section 12 ARCHITECTURAL STANDARDS
16.12.12.1 Section 12(a) Only permanent &Structures shall be allowed. Temporary &Structures
such as mobile homes, construction trailers, travel trailers, recreational vehicles and other
temporary structures shall not be allowed except as otherwise provided by Articic 3 Chapter 62
of the City Code.
16.12.12.2 Section 12(b) The Facades on Retail Frontagcs Frontage Lines shall be detailed as
storefronts and glazed with clear glass beginning no more than 30" above the sidewalk and
extending no less than seventy percent (70%) of the length of the sidewalk -level Story and any
second floor facade containing pedestrian active use as provided in the Design Development
Standards, except retail establishments with a ground floor area of 35,000 square feet or more
shall be detailed as storefronts and glazed with clear glass beginning no more than 30" above
the sidewalk and extending no less than fifty percent (50%) of the length of the unencumbered
Facade. Display Windows +I4 on Retail Frontages Frontage Lines must be a minimum of three
(3) feet in depth, must include three-dimensional displays, should include visibility into the retail
space. and must be accessible from the insides stated herein. Display Windows are areas of
storefront glazing that are designed to display items for sale within the retail space behind the
display. Security screens shall be seventy percent (70%) open.
16.12.12.3 Section 12(c) Roof materials should be light-colored, high albedo. or planted
surface and shall be designed in accordance with the regulations in Section 3.13.2 of the
Zoning Ordinance.
16.'' .4 Section 12(d) The Facade of a parking garage that is not concealed behind a
Habitablc Liner shall be screened behind an Architectural &Screening 1Layer recessed at least
two (2) feet from the outside face of along the Facade to conceal all internal elements such as
plumbing pipes, fans, ducts, ceilings, slab beds edges and lighting, as illustrated in the Design
Development Standards. The architectural expression shall complement and enhance the
building. Ramping should shall be internalized whercvcr po:..iblc. Exposed spandrels shall be
prohibited. Spandrels that are integrated into the wall system shall be permitted. Spandrels are
considered to be integrated when there is no open space adjacent to the spandrel(s); the intent
is to integrate the spandrel into the wall system, and to screen interior elements form view. As
depicted in the Development Standards, parking may extend into the Second Layer above the
second Story if an Architectural Screening Layer is provided for one hundred (100%) percent of
that portion of the Podium Facade.
16.12.13 Section 13 LANDSCAPE STANDARDS
16.12.13.1 Section 13(a) The First Layer shall be surfaced and landscaped as shown in the
Design Development Standards.
16.12.13.2 Section 13(b) Public Open &Space shall be a minimum ten percent 00%1 of the
total gross Net- Lot -a Area. A minimum of ten percent 110%1 of the public open space shall be
landscaped, as provided in the Design Development Standards and Regulating Plan.
16.12.14 Section 14 SIGN STANDARDS
Notwithstanding any other provision of the City GCode and Zoning Ordinance 11000, signs shall
be permitted in the SD 16.3 Miami Worldcenter area in accordance with the Development
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Standards, and consistent with the intent of Article 10, Table 15 of the Zoning Ordinance, as
applicable to T6-O must he approver! by Class 11 permit Warrant either for an individual sign or
a Master Sign Package.
Approval of an individual sign or a Master Sign Package, including deviation from Article 10,
Table 15 of the Zoning Ordinance, shall be by Warrant.
16.12.15 Section 15 AMBIENT LIGHTING STANDARDS
16.12.15.1 Section 15(a) Average lighting levels measured at the Building Frontage shall not
exceed two (2) foot-candles except where a greater level is approved by a Class II Special
Permit Warrant.
16.12.15.2 Section 15(b) Streetlights shall be of a type illustrated in Tthe Design Development
Standards. Interior garage lighting fixtures shall not be visible from streets.
16.12.16 Section 16 CIVIC SPACE
At least twenty percent (20%) of the required public eOpen &Space in the SD 16.3 Miami
Worldcenter area shall be assigned to Civic Space, as described in Table 2 incorporated herein
by reference and of the Design Development Standards.
16.12.17 Section 17 ALLOWABLE INCREASES IN FAR FLR FOR PROVIDING PUBLIC
BENEFITS
16.12.17.1 Section 17(a) The intent of this section is to provide bonus building capacity in the
SD 16.3 Miami Worldcenter area in exchange for the developer's contribution to specified
programs that provide benefit and enjoyment to the public. A bonus of an additional seventy fif�t tr
percent (74 50%) of FAR FLR capacity shall be permitted if the proposed development
contributes to the specified programs below in the amount and manner set forth herein in
Section 3.14 of the Zoning Ordinance. The percentage increase shall be based on the approved
square footage for the project, including all bonuses approved pursuant to other provisions of
Ordinance 11000 as amended
rn ,
16.12.17.2 Affordable/Workforce Housing
0
contributing to the Affordable Housing Trust Fund, or by providing oncitc Affordablc/Workforcc
ho, ,sing ac that term is defined by the City
,
16.12.17.2.1 Trust Fund Contributions
A developer may acquire one additional square foot of buildable space for coach nonrefundable
the time of building permit application) to the Affordable Housing Trust Fund administered by thc
City of Miami. Future adjustments to the amount of contribution per square foot of buildable
space in the SD 16.3 Worldcenter area shall be consistent with the per square foot contributions
for other properties within the Southeast Overtown / Park West CRA boundary.
16.12.17.2.2 Affordable/workforce housing on the site of the development
For each square foot of affordable/workforce housing provided on site, thc development shall be
allowed two square feet of additional buildable space.
16.12.17.3 Public Open space
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For every square foot of public opcn space that a projcct provides onsitc in cxcc of the
required amount of public open space, thc development shall —be—all wed 29 t es
development capacity of the land provided. The open space may be
Table 2, or part of the Streetscape, per the Design Standards.
16.12.17.E Section 17(b) Sustainability
Fifteen (15) percent additional FAR capacity shall be allowed for buildings certified by the U.S.
Green Building Council as LEED certified. If the City adopts a sustainability program, the 15%
bonus for the minimum standard for the SD 16.3 Miami Worldcenter area shall match the City's
minimum standard for ccrtification. Additional incrcmcnts of FAR capacity provided undcr the
City program for LEED certifications at higher than the minimum standard shall be added to the
base 15% established herein. (For example, if silver ccrtification is adopted by thc City as the
minimum standard with a 2% increase in floor area to go from silver to a gold prevents in Oho
SD 16.3 Worldcenter area would receive a 15% increase for meeting the minimum silver
standard and a 17% increase for meeting the gold standard\ If at the time the first Certificate of
the anticipated LEED certification_has not been achieved, then the owner shall post a
performance bond in a form acceptable to the City of Miami. The performance bond shall be
determined based on the value of land per square foot of building in the area of the City in which
conditions. The methodology for determining the value of land per square foot of building shall
be maintained in the Planning Department. The City will draw down on the bond funds if LEED
issuance of the Certificate of Occupancy for thc building. Funds that bccomc available to the
City from the forfeiture of the performance bond shall be placed in the Affordable Housing Trust
Fund. All buildings in the Miami Worldcenter area shall be certified by the United States Green
Building Council ("USGBC"), at a minimum, as LEED Silver, or by an equivalent certification
agency approved by the City, within a year after obtaining a certificate of occupancy or its
equivalent.
16.12.17.5 Streetcar Infrastructure
A developer in the SD 16.3 Miami Worldcenter district may select to contribute and build the
in exchange for an equivalent bonus into one of the other Public Benefits.
16.12.18 Section 18 „ ysesti„r part „f aeeti„r paragraph cla co phraco „r word „f this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
In the event of a conflict between the text of Appendix D and the visual charts, graphics, and
maps comprising the Development Standards, the text shall control.
*11
Section 4. If any section, part of a section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
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Florida, as amended, which provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other appropriate word to accomplish such
intention.
Section 6. This Ordinance shall become effective immediately upon adoption and
signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnote
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted an unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami File Id: 08-01015ztl (Version_ 3) Printed On: 9/18/2014
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Todd B. Hannon
City Clerk
SUBJECT: September 29, 2014 City Commission
Meeting Agenda — PZ. 7
-166q
FROM: Ofga Zamora
Chief
Planning and Zoning Department
Hearing Boards Division
DATE: October 7, 2014
REFERENCES:
ENCLOSURES:
Please be advised that the following draft document was inadvertently not included as part of the Planning
and Zoning portion of the September 29, 2014 City Commission Agenda:
PZ.7: The semi-final draft version of the development agreement between Miami Worldcenter Group,
LLC and affiliated parties.
cc: Barnaby Min, Deputy City Attorney
Julia D. Hernandez, Agenda Coordinator
Luciana Lamardo-Gonzalez, Department of Planning and Zoning, Assistant Director
C)
co
n-010 ii;ciat— Elhi01-- 4
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
his Instrument Was Prepared By,
ord and Return To:
Ryan D. Bailine, Esq.
reenberg Traurig, P.A.
S.E. 2"d Avenue
S 4400
Mia Florida 33131
AMENDED A
AGREEMENT BET.
WORLDCENTER f'°GR
SUBSIDIARIES OF
LLC., INCLUDING P,.
MIAMI FIRST, LLC.,\
THIRD; LLC., MIAMI FOU
LLC, REGARDING.DEVELO
WORLDCENTER MIXED—USE:P
\ .i
\
\ \
THIS --AMENDED AND RESTATED DEV,E►'PMENT AGREEMENT ('`Amended
Agreement') ,is --entered,, thi N day `of `'` , 2014, by and between MIAMI
WORLDCENTER GROUP LLC .,a Florida -,limited Iia ity company ("MWC") and the
undersigned,,affiliates and\subsidiaries'of MWC (collectively, `developer"), and the CITY OF
MIAMI, FLORIDA, a municipal corporation and a political su:�: vision of the State of Florida
("City", hereinafter the Developer\and the City may be referred to . he "Parties");
jl
\ /
\/
\ \\
`(Reserved)
\\
i
RESTATED /DEVELOPMENT
EN CITY\OF-�MIAMI AND MIAMI
UP, LLC., AND\AFFILIATES AND
MI, WORLDCENTER GROUP,
-GROUP 1 HOLDINGS, LLC.,
',SECOND; LLC., MIAMI
11 LLC .AND,-MIAMI A/I,
NT'a:OF) THE MIAMI
JECT
WITNESSETH:
WHEREAS, (4,or about November 13, 2008, the City Commi 'on ("Commission")
approved the Rezoning of the parcels located in the City, generally bounded ;; NE 11th Street on
the North, NE 6th Street on the South, NE 2' Avenue on the East, and North ' 'ami Avenue on
the West, ("MWC District") to SD-16.3 ("Existing Zoning") through Ordinanc o. 13039, a
copy of which is attached as Exhibit "A" ("Rezoning");
WHEREAS, on or about November 3, 2009, the Developer and the City entereto that
certain Development Agreement between the Parties ("Initial Agreement"), which was a.:" oved
by the Commission on or about November 13, 2008 through Resolution No. 08-0658, a co., of
which is attached as Exhibit "B" (collectively, "Approval Resolution");
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BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
WHEREAS, on or about May 20, 2010, the City implemented a new zoning ordinance
only referred to as "Miami 21," to which the Existing Zoning was incorporated as
As 'endix "D";
HEREAS, consistent with the Approval Resolution and the Rezoning, the City
remains .mmitted to facilitating the (re)development of the MWC District with a large-scale
urban in i development to be completed in one or more phases, which development shall
include mul ale public open spaces, enhanced pedestrian and vehicular circulation areas, and
enhanced acceto mass transit facilities;
WHEREA since the time the Commission unanimously adopted the Approval
Resolution and the " oning, certain modifications and refinements to the master site plan and
development program . er the Miami WorldCenter Mixed -Used Project ("Project") have been
made (collectively, "Re ments");
WHEREAS, the ► veloper contemplates' that the Project, consistent with the
Refinements, will be develop- substantially consistent with the Conceptual Site Plan attached
as Exhibit "C" ("Site Plan"); \� \>\
WHEREAS, a significant,::', ount of public\ open/space is being\oposed by the
Developer in order to distinguish``ele rents and componen of the Project and substantially
increase the amount of public open space .� the City's downtown core, to the benefit of the City;
WHEREAS, in order for the Deve'�.er''to pursue approval of the Site Plan for the
Project, the Refinements must be approvedzby Commission, which approval requires the City
to amend and restate the Initial Agreement,\a modify the;Regulations and Development
Standards as found\in`Appendix `D for the C District The modified and amended
Regulations and Development }Standards are r.ched as Exhibit "D" ("Development
Standards"): This Amended,Agreement and the Deve ment Standards are herein collectively
referred to -the-`MWC. District Regulations" "; ., 4%
WHEREAS, upon approval by the Commission •": the MWC District Regulations,
including all attachments and exhibits, the Developer intends to';:ursue approval of a Site Plan in
accordance with the Development Standards;
WHEREAS, \the Developer holds fee simple title to that ain assemblage of real
property located in the MWC/District, legal descriptions of which ar-. ttached as Exhibit "E"
(collectively, "Property");,
WHEREAS, the Property is located within the Southeast Ov-' own Park West
Development of Regional Impact ("SEOPW DR1") and the Southeast Ove ': 'wn Park West
Community Redevelopment Area ("CRA");
WHEREAS, at the time the Approval Resolution and the Rezoning were ap . ved, the
SEOPW DRI had insufficient Development Capacity ("Capacity") to accommodate the ` oject;
WHEREAS, on or about September 26, 2013, the SEOPW DRI was modified to in d
additional Capacity to accommodate the Project, consistent with the Site Plan;
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WHEREAS, on or about January 21, 2014, the State of Florida, specifically the
epartment of Economic Opportunity ("DEO"), confirmed that Increment III was in full force
a effect;
WHEREAS, the lack of certainty with respect to the approval of a development of a size,
scale, intensity similar to the Project can create a waste of economic and real property
resources,':. discourage capital improvement planning and financing, escalate the cost of
constructio .x and undermine private sector commitment to large-scale urban infill
(re)developm
WHERE • i. assurances to a developer that it can proceed in accordance with existing
laws and policies, s,':;, ect to the conditions of a negotiated/development agreement, strengthens
economic confidence LI the public planning process,/encourages sound capital improvement
planning and financing, `` ssists in promoting the availabil ty\of\adequate capital facilities for
development projects, en ., rages private sector,<participation in comprehensive planning, and
creates economic efficiencie "n ith respect to development costs;
WHEREAS, pursuant t
2014, the Commission authorize
behalf of the City, containing the
to
esolution No. adopted on orabout September 29,
e City Managerto execute this Amended Agreement on
conditions and obligations set forth below;
WHEREAS, the Managing Me
their parent or controlling entities, have,
Agreement containing the -terms, conditions;
rs orlBoards of Directors of the Developer, including
thorized the Developer to execute this Amended
WHEREAS; the�Parties�niutually desire ,.r the Property to be developed as shown on
the Site Plan attached as Exhibit " C" and in a ordance with the Development Standards
attached as Exhibit "D";,,and also,' consistent withthf germs, conditions, and mutual obligations
contained in -this Amended'Agreement,
/ � ^_
(NOW, THEREFORE, . n ,consideration 'of the ; Mutual covenants, obligations, and
conditions\hereinafter contained, the mutually agrend bind themselves as detailed
below: \
The above recitals are true; and correct and are incorporate. o, to and made a part of this
Amended Agreement' by reference'. Additionally, all attached exhibi -, hall be deemed adopted
and incorporated into, this Amended Agreement; provided, however, hat the terms of this
Amended Agreement shall bedeemed to control in the event of a confli ? ,.etween the exhibits
and this Amended Agreement This Amended Agreement and all Exhibits . cached hereto shall
amend, restate, replace, correct, and supersede the Initial Agreement togethe ith the Exhibits
attached thereto. In the event of a conflict between this Amended Agr ent and the
Development Standards, the Development Standards shall control.
d obligations set‘forth below;
Section 1. Puipose and Intent of Amended Agreement.
(a) The Developer and the City intend for this Amended Agreement be
construed and implemented so as to effectuate the purpose of ':' 's
Amended Agreement and the purpose and intent of the Florida Loc
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For all purposes of this Amende
SUBSTITUTED
Government Development Agreement Act, Sections 163.3220 - 163.3243,
Florida Statutes (2013).
(b) This Amended Agreement will establish certain conditions which will
result in the Developer providing Public Open Spaces (as hereinafter
referenced) to the City, and to establish, as of the Effective Date (as
hereinafter defined), the development regulations which will govern
development of the Project throughout the term of this Amended
Agreement. This Amended Agreement will provide the Parties with
certainty during the development process.
Section 2.
obligations recited an
substantial benefits to bo
Agreement. This covena
including their successors, a
This provision shall survive the
utual Consideration. The Parties agree that the consideration and
rovided for under this Amended Agreement collectively constitute
Parties and are, therefore; adeq ate consideration for this Amended
shall be binding uponand inure`..to;..the benefit of the Parties,
igns, heirs, legal representatives, and personal representatives.
rmination of this/Amended Agreement.
Section 3. Construction a„ Amended A reement�,
greement, unless! otherwise expressly provided:
(a) A defined term has ' : earring assigned tto it;
(b) The singular shall nclu
include the singular;
Section 4.
A pronoun in one gendei inclur'i,, and applies to other genders as well;
The terms "hereunder "herein" "eof, "hereto" and such similar terms
shall refer. to:this Amended'Agreeme
The Pries agree that this Amended Ag ment shall not be more or less
strictly \construed\against either; it being t intent of the Parties that the
City and the Developer, including their :j= ents and attorneys, have
participated `equally in the drafting of this Amens. d Agreement.
the plural, and words or terms in plural shall
Definitions.
"Amended Agreement" means this Amended and Restated Devel r a, ent Agreement
between the City and the Developer.
"City" means the City of Miami, a municipal corporation and a political s ' ,. 'vision of
the State of Florida, together with all departments, agencies, and instrumentalities su +;ct to the
jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan adopted by the City pursua to
Chapter 163, Florida Statutes (2013), meeting the requirements of Section 163.3177, Flori
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Statutes (2013), Section 163.3178, Florida Statutes (2013), and Section 163.3221(2), Florida
tatutes (2013), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
`Effective Date" means the date of recordation of the executed version of this
Agreem
"Pr , erty Interest" means any interest or rights in real property or appurtenances of the
Property, inc . ', ing but not limited to, fee simple, leasehold, condominium, transferable
development ri_- or air rights, easements, and licenseshowever acquired, including any
interests or rights real property acquired through foreclosure;' deed in lieu of foreclosure, or
any other realization an a security interest in real property. 'Without limiting the foregoing, a
Community Developn rit District or a master property, owners', association with appropriate
authority relating to one or more of the properties•comprising,tlie.Property shall be deemed to
hold a Property Interest. ,
"Public Facilities" me
or a governmental agency, incl
waste, drainage, potable water, ed
systems and facilities.
major capital improvements intended'to be owned by the City
ng but not limited to, ,transportation,"sanitary sewer, solid
tional, parks` and`recreational, streets, parking, and health
\/
Section 5. Term and Effectiv ate. This AmendedAgreement shall have a term of
Thirty (30) years beginning.on the Effectiy ate:‘ The term of th sAmended Agreement may be
extended for successive Thirty (30) year • -_ iods' by mutual\`consent of the City and the
Developer pursuant to Section 1633229, Flori.' tatutes (2013), unless modified or terminated
by a written instrument executed by the Deve er, including successors or assigns of the
Developer which own the''Property or any portion`t. -< eof, which instrument has been approved
by the Commission after two'(2) public hearings zor,, . other legally required authority. This
Amended Agreements shall become effective -on \.the `c fective Date and shall constitute a
covenant running with'the'land.
\ \
Section 6. Permitted .Develo.ment Uses and Buildi
(a)
Intensities.
MWC District Designation. The City has
'bound by NE 11`I' Street on the North, NE 6
Avenue/on the East, and North Miami Avenue o
the, official zoning atlas of the City. As part o
previously confirmed that the uses, intensities, and
development within the Project are consistent with
and densities permitted in the Development Standards.
(b) Density, Intensity, Uses, and Building Heights.
signated the area generally
reet on the South, NE 2r d
the West as SD-16.3 on
e Rezoning, the City
sities proposed for
uses, intensities,
t
(1) As of the Effective Date and pursuant to the istrict
Regulations, the density permitted on the Property Five
Hundred (500) units per acre. The development int .. ity
permitted on the Property has a base Floor Lot R
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(3)
(2) Non-residential uses permitted on the Property include, but
are not limited to the following: office, hotel, retail,
restaurant, entertainment,, convention space, academic
space, vocational or similar'educational space, one or more
culinary schools including training and ancillary facilities,
art galleries and studios, and any other uses permitted under
the MWC District Regulations and Miami 21.
The height for/any development on the Properties shall be
regulated by the MWC District'\Regulations and the
Comprehensive Plan. ` .
(4) othing herein•shall prohibit an increase `ii the density or
i ,.-nsity to the level of development permitted on the
Prr. rty'in,a manner consistent with (a) the MWC District
Reg tions, -and the Comprehensive Plan, (b) any zoning
change,`. bsequeitly approved., by the City Commission in
accordan• ; with applicable provisions of law, or (c) any
t \ \ change to t' Regulations, the City's zoning atlas, or future
\ \\„ �, \`amendments�- iami 21.
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("FLR") of 18. Any intensity above FLR of 18 is subject to
participation in or compliance with the Public Benefits
requirements contained in Article 3, Section 3.14 of Miami
21. The net lot area of all land owned by the Developer,
located in the MWC District, prior to dedications is 23 +/-
acres, or 1,001,880 +/- square feet.
l
Section-7 Construction of..Encroachments
The City`finds-that the' construction of encroachments'in
not unduly" restrict the use�of such public rights -of -way an
in the future..construction'of pedestrian walkways or comme
of -way. The adoption of thisAmended Agreement shall se
forth in Section,55-14(b) of 'the\ City's ` Code of Ordinances (
requirements of'Section 55-14(c)'of the Code, the City agrees to
payment of a user fee'in connection with the construction of the afor
into and above the public`rights-of-way. In consideration for authorizi
of the aforementioned encroachments, the Developer further covenants to:
I
thin Cit Owned Public Ri • hts-of-Wa
d above the public rights -of -way will
a necessary and essential element
al uses above such public rights -
to satisfy the requirements set
ode"). Notwithstanding the
aive any and all claims to
entioned encroachments
the future construction
(a) Maintain any above -grade pedestrian walkways or si ' 'lar above -grade
spaces and below -grade vehicular underpasses in acco nce with the
Florida Building Code, the City Charter, the City Code, ::d any other
applicable federal, state, or local statutes, laws, rules,--'rders, or
regulations.
(b) Provide an insurance policy, in an amount reasonably determined the
City's Risk Management Department, naming the City as an additi. 'al
insured for public liability and property damage. The insurance sh
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remain in effect for as long as the encroachment(s) exist in the public
rights -of -way. Should the Developer or the Developer's successors fail to
continue to provide the insurance coverage, the City shall have the right to
secure a replacement insurance policy in its name and place a special
assessment lien against the specific parcel or parcels subject to this
Amended Agreement, for which such insurance has lapsed or expired, for
the total cost of the premium.
The Developer shall hold harmless and indemnify the City, its officials,
and its employees from any claims for/damage or loss to property and
injury to persons of any nature whatsoever arising out of the use,
onstruction, maintenance, or removal/of the pedestrian walkways and
icular underpasses and from and against any claims which may arise
ou f the granting of permission. for the encroachment(s) or any activity
perfo .,: ed under the terms'of�this Amended;,Agreement, except in any
event any claims fo/damages or loss to property and injury to persons
caused b e City or its officials.
Within the MWC District, I <re are certain rights -of --way, including. portions of NE 2nd
Avenue, NE 1st Avenue, and rth Miami Avenue, which are owned ands maintained by
the County. Notwithstanding e., foregoing;. nothing contained in this Amended
Agreement shall be construed o
nterpreted to`\grant the Developer approval(s) to
encroach over any rights -of -way not .; ned by,the City. \
Section 8. /Signs. :: \
(a) The., Project' will require a Ma a:; r Sign Package or a Special Sign Package
(collectively, ``.Sign Package") accomplish the following goals: (i)
~"`� ` moving -"pedestrians' and vehicle h affic throughout the MWC District
7/' , ' .,safely and efficiently,arid• (ii)Trope^'�, identifying the MWC District, the
Project andvarious tenants/ events, components within the Project,
including, but\not limited to, resident , guests, visitors, and motorists
along surrounding thoroughfares.
\ 2
A `
(b), \\The Sign, Package will include, but is not li ed to, the following sign
\\types: f(i) )directional signs; (ii) ground sig '� • (iii) wall signs; (iv)
monument,signs; (v) way -finding signs; (vi) towe gns; and (vii) on -site
commercial signs, defined as Class C Signs in the :' ide and Miami 21,
some"or all of which may incorporate LCD, LED, o ;.imilar electronic
technology consistent with the Development Standards.
(c) The Sign Package shall apply to signage visible from public hts-of-way
but the Sign Package shall not apply to or include signs int t, al to the
Project.
(d) Signs of any type or size may be approved as provided for
Development Standards.
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(e) All signs within the MWC District shall be subject to the requirements of
applicable federal, state, or local rules, orders, regulations, laws, statutes,
or ordinances.
Section 9. Landscape Program. Due to the Project's unique location within the
City's '..ban Core, it may be infeasible for one or more phases of the Project to comply with the
minimu equirements contained in Article 9 of Miami 21 and Chapter 17 of the City Code
("Landscap, Standards") at the time a site plan is filed for such phase or phases. In order to
facilitate dev:' ..ment in the MWC District, each phase of the Project must achieve a minimum
of sixty percen 60%) compliance with the Landscape Standards prior to the issuance of a
Building Permit ermit") for a phase or single use building. Within three (3) years after the
issuance of said Pe t, any phase or phases not complying one4hundred percent (100%) with the
Landscape Standard hall achieve one hundred percent K(100%) compliance upon their
respective completion tugh either offsite planting, mitigation measures approved in the Code,
or a combination of appro ' _;d compliance measures agreeable to the City.
Section 10. Project ..royal. This' Amended Agree ent, together with the
Development Standards, shall e 3 . blish the process(es) and criteria upon which the Project and
the Property shall be developed go forward. /
Section 11. Public Facilitie
Effective Date, the Developer, togeth
complete an analysis of the Public Facile
with the Comprehensive Plan. In the e
Comprehensive Plan' requires 'the Develop;
accommodate the Project, the Developer will Pr
timing requirements of Section 163.3,180(2), Flori
a DRI development orderor Chapter 13_of the Code,.
On.,or before 'One Hundred Eighty (180) days after the
'with ,,the CityNand, the County, as applicable, will
s'available to serve'jhe Project and in compliance
nt that "the MWC` 'District Regulations or the
to provide., additional Public Facilities to
idee suchPublic Facilities consistent with the
tatutes (2013), or as otherwise required by
may be amended from time to time.
Section 12:.Reservatiodor Dedicatio .n of Land.
C vv v `,, y;
(a) The,Developer shall not be required to a dicate or reserve any land within
the Property.
\ The Developer agrees to create within the Pr
\ space containing a minimum of 20,000 contig
public t open space containing a minimum of
feet, (collectively, "Public Open Spaces"); and (iii
accommodate increased pedestrian activity that wi
entertainment, and outdoor seating, all as general
Regulating Plan contained in the Development Standa
Plan") attached as Exhibit "D".
ct: (i) one (1) public open
s square feet; (ii) one (1)
000 contiguous square
idewalks designed to
include shopping,
labeled on the
("Regulating
(c) The Developer will retain ownership of the Public Open Spac-. ut shall
grant the City a non-exclusive easement allowing public acce s, to the
Public Open Spaces ("Public Open Spaces Easement"). The De -.Loper
and the City further agree to execute an Open Spaces Easement d
Maintenance Agreement ("Easement Agreement"), a copy of which
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included as Exhibit "F", to assign their respective responsibilities and
obligations with respect to the future construction, maintenance, and
operation of the Public Open Spaces. The Public Open Spaces Easement
and the Easement Agreement shall be in a form acceptable to the City
Attorney.
(d) The City and the Developer agree to execute and record the Public Open
Spaces Easement and the Easement Agreement prior to the City issuing
One (1) or more master building permits authorizing the construction of
One (1) or more buildings and structures that singularly or cumulatively
exceed the Four (4) million square ,foo ')threshold with respect to the
verall level of authorized development (ire., FLR) on the Property.
(e) Th teneral location and dimension's of the Public Open Spaces shall be
subsin accordancewith the Regulating Plan, or as otherwise
mutual < agreed by the Developer and the City.' The specific location and
dimensio of the Public Open Spaces will be' determined in the Public
Open Spac asement. The conceptual design of"the 'Public Open Spaces
is included as .yq eets
(f) The Developer s ` : •. 1
determine the `pro
approval by the Pia`
shall -not` - be unreasonab
through %' of the Development Standards.
retain the exclusive right to design, landscape, and
mming for the ,Public Open Spaces, subject to
\Director, or his or her designee, which approval
ithheld;,delayed,'or conditioned.
•,
(g) From time, tovtime, the De"
•organizations to hold tempora
and around ,thej-Public OpenySpa
�'`��Developer shall submit ari\appli
requirements contained in ,Chapter
permits arid. approvals.
Sectioovl3. Retail,S ecialt `"Center Desi
Pursuant to *Chapter 4 of the''Code, each Block of the MWC Dis
specialty center and'each block'is designated as an entertainment spec
Any establishments located within the MWC District shall be entitled to
establishments in retail specialty'centers, as codified by Chapter 4 of the Co
op re may ponsor or similarly partner with
events in the MWC District, including in
. In advance of a temporary event, the
ion to the City consistent with the
f the Code to obtain the necessary
the requirements of Section"4=3.2 of the Code, the approval of the Planning,
Board ("PZAB") and the Commission shall not be required for bars (including t
lounges), nightclubs, and supper clubs as principal uses proposed to be located wi
District.
nation and
rtainment S , ecialt District.
ct is designated as a retail
ty district.
benefits afforded to
Notwithstanding
ing and Appeals
rns, pubs, and
n the MWC
The maximum number of establishments selling alcoholic beverages permitted within th : C
District retail specialty centers shall not exceed five (5) per block as currently configur and
depicted on the Regulating Plan, exclusive of any bona fide, licensed restaurants where the e
of alcoholic beverages is entirely incidental to and in conjunction with the principal sale of fo
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(e.g. bona fide, licensed restaurants with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX or
quivalent license).
Thumber of approved establishments may exceed five (5) in any given block in the event the
num P of approved and allowed establishments is decreased by an equivalent amount in the
remain blocks. The total number of approved establishments shall not exceed twenty-five
(25) for t entire MWC District as described in the Development Standards. The number of
approved e ,,blishments may be increased by amendment to this Amended Agreement by the
Commission .. . after two (2) public hearings.
Section 1 Job Creation. The Developer shall consult with local City of Miami's
CareerSource South orida center located at the LindseyHopkins Technical Center at 750 NW
20th Street, 4th Floor d state economic development/entities regarding job training and job
placement services to Ci residents seeking employment opportunities with potential employers
which will locate or establi .' businesses within the Project.
/ /
(a) Constru ' •n Employment/The Developer shall,work with the City in the
following as:
(1)
b Sourcing. The/Developer shall require their general
co . actor(s) tto use best efforts to work with the City of
Mia CareerSource. South Florida center located at the
Lindse ''Hopkins Technical Center at 750 NW 20s`, 4th
Floor,t. \to 'source job opportunities for
both `skille • arid /unskilled laborers seeking employment
opportunities ithin the:,construction industry.
,Community,
.Pal ticipation '?The
contractor(s) to,Use
twenty percent (20%)
<: costs to subcontractors
County as CBEs. This
local -City of Miami Career
located at the Lindsey Hopkin
NW 20th Street, 4th Floor, Miami,
usiness Enterprise ("CBE")
eveloper shall require their general
t efforts to award a minimum of
the direct construction contract
ose firms are certified by the
accomplished by using the
rce South Florida center
echnical Center at 750
33127.
can
Local Workforce Participation.
require their general contractor(s) to
employ a minimum of twenty percent (
labor from persons residing within t
boundaries of the City.
T Developer shall
u best efforts to
o) of on -site
municipal
(b) Restaurant and Retail Employment. The Developer anticipate hat a
significant number of new employment opportunities in the culina „ .nd
retail sectors will be generated within the MWC District. The Develo:,-r
shall use best efforts to work with the local City of Miami CareerSourc
South Florida center located at the Lindsey Hopkins Technical Center at
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750 NW 20th Street, 4th Floor, Miami, FL 33127. This workforce center
is connected and maintains direct partnerships with local culinary and
retail institutes and Miami Dade College to place qualified graduates of
such programs in employment opportunities within the MWC District.
(c) Hospitality Employment. The Developer anticipates that a number of new
job opportunities in the' hospitality sector will be generated within the
MWC District. The Developer shall use best efforts to work with the local
City of Miami CareerSource South Florida center located at the Lindsey
Hopkins Technical Center at 750 NW 20st, 4th Floor, Miami, FL 33127.
This workforce center is connected and/maintains direct partnerships with
the local hospitality institute to place qualified graduates in employment
portunities within the MWC District. \.
Section 15. LocDevelosment Permits!
(a)
\ \\ \\ (4)
The De
District
require add
Federal gove,
to the required
faith effort to take
expedite the issuanc
include, but are noi'th
\
(1') \Waiver(\);
oper intendsto develop the Property consistent with the MWC
lations aid this Amended Agreenient\The Project may
nal permits or approvals from the City, County, State, or
ent, includi g their respective internal agencies. Subject
al processes and approvals, the City shall make a good
necessary and reasonable steps to cooperate with and
f-ali `such approv_ als and permits. Such approvals
d tb:‘,/
xant(s); Exception(s), or Variances;
\(2) , ;Subdivision pla
l
(3) \ Street ,Vacations an
Covenant ii Lieu ("Co
of Title ("Unity") accep
Covenants or Unities;
provals;
losures;
ant") of Unity of Title or Unity
ce or the release of existing
Water and Sanitary Sewage A
Drainage Permits;
Temporary Use Permits;
Tree Removal Permits;
Demolition Permits;
Environmental Resource Permits;
Building Permits;
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13
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(12) Certificates of Use;
(13) Certificates of Occupancy;
(14) Stormwater Permits;
(15) Miami -Dade Transit approvals;
(16) Federal Aviation Administration determination(s) and
approval(s);
(17) Development of Regional/Impact approval, modification,
or exemption; and
(18) Any other official.,actio `of'the City or other government
agency having the effect of'permitting development of the
Properties. / `` `
(b) Notwithst �i,a ing any future modifications to MiamiN21` after the Effective
Date regard's site plan approval procedures or substantive requirements,
authority to ap ;ode any site plan forall or a portion of the Project within
the Property shae' vested in the,City Manager, or his or her designee.
Any site plan shat be, approved if- itcomplies with the intent or the
minimum requireme andcriteria of the. MWC District Regulations and
theComprehensive`Pla
Section 17. Com.Nancewith Local Re ` latio
The Developer and the City agree that the failufe of this
particularvpermit, condition, fee, term, license, or restriction
not relieve the Developer of\the necessity of complying with
pennitting requirements, conditions, fees, terms, licenses, or restr
with said regulation and requirements does not require or otherwi
develop the Property -in a manner inconsistent with the MWC
Comprehensive Plan, or this Amended Agreement.
Section 18. Development of Regional Impact.
Section 16. Consistenc�with Existin!. nin and'Com.rehensive Plan. The City re-
confirms that the Development ;Standards are p't;, of the MWC District Regulations and
consistent with the Comprehensive Plan, subject to theysrms of Section 11. t
-N
Relative to Development Permits.
mended Agreement to address a
ffect on the Effective Date shall
e regulations governing said
ions as long as compliance
permit the Developer to
strict Regulations, the
(a) The City and the Developer agree that as of the Effective te, sufficient
capacity remains under the SEOPW DRI to accommodate the 'roject and
that the Developer has reserved the capacity necessary to •' elop the
Project.
(b) The City agrees that any SEOPW DRI Development order which the ity
adopts after the Effective Date and which applies to the Property will
be consistent with this Amended Agreement and the Developmen
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Standards and (ii) include a Use/Intensity conversion table to allow for a
reasonable level of flexibility with respect to the mix and intensity of uses
in order to respond to changing market conditions.
(c) The City agrees that if the SEOPW CRA decides to abandon, terminate,
rescind, or otherwise render ineffective the SEOPW DRI Development
Order, the Developer shall no longer be responsible for payment of
SEOPW DRI fees. Further, if the SEOPW CRA decides to abandon,
terminate, rescind, or otherwise render ineffective the SEOPW DRI
Development Order, the City agrees to/rfund any payment of SEOPW
DRI fees made by the Developer within twenty four (24) months of the
decision to abandon, terminate, rescind, or otherwise render ineffective the
EOPW DRI Development Order. �<
Section 19. Re nation of Develo. ment'Ri • hts.
(a) For the erm of this Amended Agreement, theCity hereby agrees that it
shall pe t the development_ of the Property in accordance with the MWC
District lations, the \ Comprehensive Plan, `and\ this Amended
Agreement.
(b) Nothing herein., `,`::.11.prohibit an increase in the density or intensity of
development permi -d'on the .Property�in manner consistent with (i) the
MWC,-District Regu'.. ons and `the Comprehensive Plan, (ii) any zoning
change subsequently r ested or initiated`by the Developer or a future
owner of 'property within e MWC District in accordance with applicable
law, or (in)\any future zoni change enacted by the City.
\ l
(c)—� The' 'expiration_.or'terminatiori\
-r — considered a waiver of, or limit
limited to; claims of vested;rights
by the'Developer,,or its successors or
the Property in' conformity with the
prior and \ subsequent development
approved by) the City.
(d) °Forthe term of this Amended Agreement, the
development proposed by MWC is reserved and
Section 163.3167(5) of Florida Statutes (2013), upo
(1) or more building permits, foundation permits, or p
City.
this Amended Agreement shall not be
n upon, the rights, including but not
equitable estoppel, obtained or held
signs to continue development of
C District Regulations, and all
its or development orders
pe
Section 20. Prohibition on Downzoning.
agrees that the level of
i ested consistent with
the issuance of one
ed permits by the
(a) The Comprehensive Plan, this Amended Agreement, and the De opment
Standards shall govern development of the MWC District for the • : ation
of the Amended Agreement, including extensions thereof. The 's
laws and policies adopted after the Effective Date may be applied to
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MWC District only if the determinations required by Section 163.3233(2),
Florida Statutes (2013) have been made after 30 days written notice to the
Developer and after a public hearing by the Commission.
(b) Pursuant to Section 163.3233(3), Florida Statutes (2013), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to the Developer under Florida or Federal law. As a result, the
Developer may challenge any subsequently adopted changes to land
development regulations based on (i) common law principles including,
but not limited to, equitable estoppel and vested rights, or (ii) statutory
rights which may accrue by virtue of Chapter 70, Florida Statutes (2013).
Section 21.
Occupancy, Temporary
single -use building in the
Emergency Management P
property shall be accounted fo
or other similar event. The E
security systems, and other preven
District. The Developer, or its succ
copy of the Emergency Plan prior toth
building in the future.
enc
/ /
Mana ement Plan. Prior to, the issuance of a Certificate of
ertificate of Occupancy ("TCO" ), or the equivalent for the first new
WC District, the Developer shall submit to the City a copy of an
("Emergency Plan/)/ detailing how 'the safety of people and
d maintained in'the event of a natural_ disaster, fire, act of God,
rgency Plan\shall detail vehicle and''pedestrian circulation,
ive and protective measures readily available in the MWC
ors, heirs, or permitted/assigns, shall provide an updated
suance of a TCO`or equivalent for each new single -use
Section 22. Archaeological. Due'tc he`Project's proximity to various Archaeological
Conservation Areas,,. -the Developer shall ob 'a Certificate 'to' Dig prior to any ground
disturbing activities, pursuant to Chapter 23 of the ode. l\~
Section 23. Streetcar. The'Developei ackn
to construct-aelightrail transit system commonly eferr
or abut the MWC-District The Developer agrees to coo
of the streetcar route. which runs through -„or adjace
accommodated within the. dedicated public rights -of -way.
dedicate additional land from within `the'MWC District to
streetcar route. '',
Section 24. Formation of Community Development District. n the event the creation
of a Community Development District ("CDD") is approved for the oject, the CDD may
assume the Developer's\responsibility under this Amended Agreemen, without the City's
approval ("Assumption"). Notice of the Assumption, including copies of - ' -cuted documents
memorializing the Assumption, shall be provided to the City as detailed this Amended
Agreement.
ledges that the City is currently planning
to as the streetcar, which may traverse
ate with the City so that any portion
to, the MWC District can be
e Developer is not required to
ty for the construction of the
the
Section 25. Compliance Review.
(a) The Developer shall notify the City of the Developer's compliant with
the terms of this Amended Agreement, in writing, every twelve h 2)
months, commencing twelve (12) months after the Effective Date
ending upon the expiration of this Amended Agreement, as may b
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extended herein. Upon receipt of written confirmation from the Developer
of the Developer's compliance with the terms of this Amended Agreement
("Compliance Confirmation"), the City may conduct an independent
compliance review and shall confirm the Developer's compliance with the
terms, conditions, and regulations in this Amended Agreement.
(b) Any additional information required of the Developer shall be limited to
that necessary to determine the extent to which the Developer is
proceeding in good faith to comply with the terms of this Amended
Agreement.
(c)
e
with
City
Thirty
Developer
however, tha
days, the Deve
breach within su
to - completion. A
Agreement shall .not
same -after holding Two
/ram\ \
Section 26. Notices. \\ \
(a) A11\notice' s,, demands, orreque
�`\sha11\eXcept,as -otherwise express
��'-� by_personal` service orsent,by,Unite
Subject to the terms and provisions o j'Section 33(d) of this Amended
reement, if the City finds ,on the\basis of competent substantial
ence that the Developer intentionally failed to substantially comply
e terms, obligations, or conditions of this Amended Agreement, the
terminate or amend this Amended, Agreement after providing
days written notice to the Developer \unless cured by the
or to the expiration of such Thirty (30) day period; provided,
such failure cannot reasonably be curedwithin Thirty (30)
er shall not be in default if it commences to cure such
Thirty (30) day period and diligently pursues the cure
termination "'or' -modification of this Amended
ecome.effective until the Commission approves
duly notic d public hearings.
return receipt requested, postage prepa
such, as Federal Express, to the Parties a
notice`•given pursuant to this Amended Ag
when received. Any actions required to be t
Saturday,? Sunday, or United States legal holi
performed timely when taken on the succeeding
n � be' Saturday, Sunday, or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
City Attorney
Miami Riverside Center
444 SW 2nd Avenue
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13
given under this Amended Agreement
rovided, be in writing and delivered
tates Registered or Certified Mail,
or by overnight express delivery,
e addresses listed below. Any
ement shall be deemed given
en hereunder which fall on
s shall be deemed to be
thereafter which shall
Page 15
(b)
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
9`h Floor
Miami, FL 33130
With a copy to:
Planning & Zoning Department
Miami Riverside Center
444 SW 2"d Avenue
3rd Floor
Miami, FL 33130
To the Developer:
Managing Member
iami Worldcenter LLC
10 NE 2nd Avenue
i, FL 33132
With a opy to:
Greenbe Traurig, P.A. ',„,\
Attn: Ryan e . Bailine, Esq. \
333 SE 2"a''"A '-nue
Suite 4400\
Miami, FL 33,13
/ \
Greenberg Traurig,
\Attn: Iris Escarra, Esq.
333 SE 2nd Avenue ''
Suite`4400
Miami, FL _33131
Tovthe‘SEOP-_W°CRA as courtesy noti
Executive Director
SEOPW'CRA
1490 NW 3rd Avenue
�Suite`105
Miarni, FL 33136
Any Party to this Amended Agreement may chan_,. its notification
address(es) by providing written notification to the re ' aining Parties
pursuant to the terms and conditions of this section.
Section 27. Exclusive Venue, Choice of Law, Specific Performance. It i utually
understood and agreed by the Parties hereto, that this Amended Agreement shall be gov ed by
the laws of the State of Florida, and any applicable federal law, both as to interpretatio.. and
performance, and that any action at law, suit in equity, or judicial proceedings for e
enforcement of this Amended Agreement or any provision hereof shall be instituted only in t
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 16
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTEr
urts of the State of Florida or federal courts and venue for any such actions shall lie
e :, lusively in a court of competent jurisdiction in the County. In addition to any other legal
rig' . the City and the Developer shall each have the right to seek specific performance of this
Ame ed Agreement. Each party shall bear its own attorney's fees. Each party waives any
defense, hether asserted by motion or pleading, that the aforementioned courts are an improper
or incon ient venue. Moreover, the Parties consent to the personal jurisdiction of the
aforementio ,-d courts and irrevocably waive any objections to said jurisdiction. The Parties
irrevocably w.'ve any rights to a jury trial.
Section 2
exhibits and attac
Project. This Amend
the Parties with respec
Agreement, and no than
effective unless such chang
against whom enforcement o
hearings before the Commissio
orally.
Section 29. Com.liance wit
this Amended Agreement, throughout t
City shall comply with all applicable fe
ordinances, resolutions, administrative'orde
govern or relate to the,respective Parties' ' o
Agreement, all as theymay-be-.amended from ti
No Oral Change or Termination. This Amended Agreement and the
nts constitute the entire agreement between: the Parties with respect to the
Agreement supersedes any prior agreements or understandings between
o the subject matter hereoffi icluding, but not limited to, the Initial
, modification, or disscharge/hereof in whole or in part shall be
modification, or discharge is in writing and signed by the party
e change, modification, or discharge\is\sought and after two (2)
This Amended Agreement cannot"be changed or terminated
licable Law:Subject to the terms and conditions of
term of this Amended Agreement, the Developer and
-al,‘ state, andlocal laws, rules, regulations, codes,
permits, policies and procedures, and orders that
ations' and performance under this Amended
/
to time.
Section 30. Re.resentations• Re.resentati
this Amended Agreement has been duly authorized,
constitutes the legal, valid, and binding. ob_ ligation' ofsu
its terms./ / -,, ` ,.
U)
N \
Each party represents to the others that
ivered, and executed by such party and
arty, enforceable in accordance with
Section 31. No Exclusive Remedies. No remedy or ection given by any provision in
this Amended 'Agreement shall`.be deemed exclusive unless exssly so indicated. Wherever
possible, the remedies granted.;hereunder-upon a default of the o'`'.-r party shall be cumulative
and in addition to all other remedies at law or equity arising from h event of default (other
than any remedy which -may beavailable at law or in equity which pe s the termination of this
Agreement), except where otherwise expressly provided.
Section 32. Failure to Exercise Ri hts not a Waiver. Waiver Pro
by either party to promptly exercise any right arising hereunder shall not cons
such right unless otherwise expressly provided herein. No waiver or breach of a
this Amended Agreement shall constitute a waiver of any subsequent breach of th
other provision hereof, and no waiver shall be effective unless made in writing.
ions. The failure
to a waiver of
provision of
ame or any
Section 33. Events of Default.
(a) The Developer shall be in default under this Amended Agreement if
of the following events occur and continue beyond the applicable gra
y
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 17
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
(c)
SUBSTITUTED
period or notice and cure period provided herein: the Developer fails to
perform or breaches any term, covenant, or condition of this Amended
Agreement which is not cured within Thirty (30) days after receipt of
written notice from the City specifying the nature of such breach;
provided, however, that if such breach cannot reasonably be cured within
Thirty (30) days, the Developer shall not be in default if it commences to
cure such breach within said Thirty (30) day period and diligently
prosecutes the cure to completion.
It shall not
declared bank
obligations imt
any Party. The
Amended Agreeme
section -does not absol
/to the -Code should`it�d
ensuring thaeall construct
sit sa re safe. j \ \
default by, MWWC's,successor
Amended Agreement shall not -be
other \successor, or assignee 'of MW
rights, duties, anda,obligations under th
by MWC \under this Amended Agreem
breach by any successor(s) or assignee(s) o
\, \obligations under this Amended Agreement.
�, Developer intends for the Project to be develo
multiple phases over the next several years. Any
by the developer of a portion(s) or phase(s) of the
not limited to, the Developer, shall not cause, nor be
construed as a default by another developer with res
portion(s), phase(s) or component(s) of the Project.
The City shall be in default under this Amended Agreement if the City
fails to perform or breaches any term, Covenant, or condition of this
mended Agreement and such failure is/not cured within Thirty (30) days
er receipt of written notice from the Developer specifying the nature of
su• ' breach; provided, however, that if 'such breach cannot reasonably be
cure.' within Thirty (30),.days, the City shall not be in default if it
comm=;'ces to cure such'breach within said -Thirty (30) day period and
diligentl s ,• rosecutes the cure to completion. \ .�
/ \
a default under \thisAmended Agreement\if any Party is
t,by a court\of'competent jurisdiction.All rights and
Amended Agreement shall survive such bankruptcy of
rties'hereby forfeit, their right(s) to terminate this
upon the bankruptcy of any other Party. This
the 'Developer okany, of its obligations pursuant
are bankruptcy,including but not limited to,
sites, buildings structures, and excavation
/
Section 34. Remedies Upon Default.
2
or assignee(s) of any portion of this
med to be a breach by MWC nor any
of any portion of their respective
Amended Agreement. A default
shall not be deemed to be a
C of its rights, duties, or
or purposes of clarity, the
d by multiple parties in
tual or alleged default
oject, including, but
eated, deemed, or
ct to any other
(a) Except as otherwise provided under Section 25(c) and Section 4 •f this
Amended Agreement, neither party may terminate this Am, i ded
Agreement upon the default of the other party, but shall have all o e
remedies enumerated herein.
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 18
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
(b) Upon the occurrence of a default by a party to this Amended Agreement,
including their successors and assigns, not cured within the applicable
notice, grace, or cure period as provided herein, as may be extended, the
Developer and the City agree that any party may seek specific
performance of this Amended Agreement, and that electing to seek
specific performance shall not waive any right of such party to also seek
monetary damages or any other relief other than termination of this
Amended Agreement. In addition to any other remedies available to the
City under this Amended Agreement, in the event of default by the
Developer, or any successor(s) or assign(s), the City may withhold any
permits or other approval, but only against the defaulting party.
i
Section 35. verabilit If any term or provision of\this Amended Agreement or the
application thereof to an s erson or circumstance shall, to' anyextent, hereafter be determined to
be invalid or unenforceab • :. the remainder of this Amended Agreement or the application of
such term or provision to pe .•ns or circumstances,ofher than those'as to which it is held invalid
or unenforceable shall not be a -cted thereby,,and shall continue in fu11force and effect.
Section 36. Assi nment d Transfer. 'This: Amended Agreementsfiall be binding on
the Developer and its heirs, successo and assigns, includingzthe successor to'or, assignee of any
Property Interest. The Developer, at sole discretion, may assign, in whole or in part, this
Amended Agreement or any of its rights'. d obligations hereunder, or may extend the benefits of
this Amended Agreement, to any holder o Property Interest without the prior written consent
or any other approval of.the City. The City s 11 be,notified in writing within thirty (30) days of
any assignment or transfer:
Section 37. `Obli ations Survivin Tee ination Hereof. Notwithstanding and
prevailing over any contrary, term or -provision, con ined herein, in the event of any lawful
termination'of this,, Amended Agreement,,the; fol';, ing obligations shall survive such
termination; and continue, in full force and. effect until expiration of a One (1) year term
following the earlier of -the effective` date of suchterminatior the expiration of the term: (i)
the exclusive ,venue and choice,of law, provisions contained he in; (ii) rights of any party arising
during or attributable to the period prior` to expiration or earlitermination of this Amended
Agreement; and (iii) any other.. term or provision herein which e essly indicates either that it
survives the termination or expiration hereof or is or may be applicle or effective beyond the
expiration or permitted early termination hereof.
Section 38. Lack of' Agency Relationship. Nothing conta ..-d herein shall be
construed as establishing an agency relationship between the City and the D eloper and neither
the Developer nor its employees, agents, contractors, subsidiaries, divisions, a . liates, or guests
shall be deemed agents, instrumentalities, employees, or contractors of the City r any purpose
hereunder, and the City, its contractors, agents, and employees shall not be deemecontractors,
agents, or employees of the Developer or its subsidiaries, divisions, or affiliates.
Section 39. Cooperation; Expedited Permitting; and Time is of the Essence.
(a) The Parties agree to cooperate with each other to the full extent practic
pursuant to the terms and conditions of this Amended Agreement. T
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 19
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
Parties agree that time is of the essence in all aspects of their respective
and mutual responsibilities pursuant to this Amended Agreement. The
City shall use its best efforts to expedite the permitting review and
approval process in an effort to assist the Developer in meeting its
demolition, development, and construction completion schedules. The
City will accommodate requests from the Developer's agents,
representatives, general contractor(s), and subcontractors for simultaneous
review of multiple permitting packages, such as those for site work and
foundations, and building shell, core, and interiors.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue
development permits to the extent the Developer does not comply with the
licable requirements of the ;MWC District Regulations, the
C.a' prehensive Plan, this Amended`' -Agreement, applicable building
cod- �. or any other laws, rules`,/orders, or regulations.
Section 40. Enforce ent.
In the even hat the Developer, its s ccessors, or assigns fails to act in
accordance w ..' the terms of the'MWC-District Regulations, the City shall
seek enforceme of said violation upon the subject Property.
Enforcement of '•thi
parties, or person'vio
forth. in this. Amended
•
own attorney's fees ina
(c) This enforcement provisiony ��.11 be in addition to any other remedies
available at law, in equity, or bo excluding, however, any remedy which
may be°available at law or in,equi which permits the termination of this
AmendedAgreement.
ended Agreement, shall be by action against any
ing, ,or 'attempting to violate, any covenants set
eement. s.Each party shall be responsible for its
ny cli enforcement action.
\ \
Section 41. Amendrnent or, Termination b Mual
Agreement may not be amended or terminated during its term ex
Developer and 'its 'successors 'and assigns, and the City in wr
terminating this Amended Agreement, the Commission shall hold
hearings. \ \
r ,
Consent. This Amended
t by mutual agreement of the
ng. Prior to amending or
o (2) duly noticed public
Section 42. Third -Party Defense. The City and the Developer s ,:.11, at their own cost
and expense, vigorously defend any claims, suits, or demands brought again it by third parties
threatening the Amended Agreement, challenging its enforceability, or objec : g to any aspect
thereof, including, without limitation, any claims for loss, damage, liabilr,, or expense
(including reasonable attorneys' fees). The City and the Developer shall promptly _'ve the other
written notice of any such action, including those that are pending or threaten .i, and all
responses, filings, and pleadings with respect thereto.
Section 43. No Conflict of Interest. The Developer agrees to comply with the C. e as
of the Effective Date with respect to conflicts of interest.
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13
Page 20
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SU BSTITUTED
Section 44. No Third -Party Beneficiary. No persons or entities other than the
veloper and the City, their respective heirs, successors, and permitted assigns, shall have any
rig whatsoever under this Amended Agreement.
ection 45. Counterparts. This Amended Agreement may be executed in counterparts,
each of ich shall constitute an original but all of which, when taken together, shall constitute
one and th ame agreement.
Sectio 6. Recordation.
be recorded in t 4 public records o
sole cost and expe . ,e, within Thirty
A fully executed version of this Amended Agreement shall
f Miami -Dade County by the Developer, at the Developer's
(30) days after execution:b`yall the Parties.
Section 47. Estoppel
Certificate. Upon request by any party
/to this\Ainended Agreement, the other
party or \its duly authorized
representative will deliver to the
requesting party,'‘within thirty (30)
days °after such "`request is made, a
,N'certificate in writing`certifying (a) that
this Amended Agreement is
unmodified and in full force and effect
(or`-. if, there have been any
`modifications, a description of such
.modifications and that this Amended
Agreement as modified is in full force
and effect); (b) that to the best
knowledge of such party, the
requesting party is not, at that time, in
efault under any provision of this
ended Agreement, or, if in default,
the ture thereof in detail; (c) to the
best ' •wledge of such party, whether
such pa has a claim against the other
party un. this Amended Agreement,
and, if so, e nature thereof and the
dollar amoun ` . f such claim; and (d)
such other ma s as such requesting
party or its lens r may reasonably
request. Each part ' rther agrees that
such certificate shal be in a form
reasonably acceptable o the City
Attorney and may be relies upon by (i)
any prospective purchaser o he fee or
mortgage or assignee of any . rtgage
on the fee of the Property any
portion thereof. and/or (ii) ny
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 21
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
S U BSTITUTED
prospective or existing lender of
Developer as identified by Developer
in its request therefor.
OW, WHEREOF, the City and the Developer have caused this Amended Agreement to
be duly e cuted.
[Signatures Appear on the Following Pages]
c////'
MWC Development Agreement — Second Reading DRAFT 09/17/2014 v13 Page 22
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
MIAM ORLDCENTER HOLDINGS LLC,
a Delawa invited liability company
By: PWV oup 1 Holdings, LLC,
a Delaware limi =.. liability company
By:
Name:
Title:
By: 701 North Miami (FL), LC,
a Delaware limited liability com
By:
Name:
Title:
y
Miami First, LLC, a Delaware limited liability c
By:
Print Name
As:
pany
Miami Second, LLC, a Delaware limited liability company
By:
As:
Print Name
MIA 183700945v12
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
S V B STITuTE DCKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
iami Third, LLC, a Delaware limited liability company
Prin ame
As:
Miami Fourth, L ► , a Florida limited liability company
By:
Print Name
As:
Miami A/I, LLC, a Delaware limited bility company
By:
As:
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this _ day of
an officer duly authorized to administer
, as of
personally known to me or have produced
[SEAL]
MIA 183700945v12
, 2014, c rsonally appeared before me,
oaths and ` take acknowledgements,
. They are
as i.'<-;itification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
s lJ B STIT (JT E D BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
CITY OF MIAMI, RIDA
By:
Daniel J. Alfonso, ►;, Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AT TO FORM AND CORRECT vl, SS:
By:
Victoria Mendez, City Attorney
MIA 183700945v12
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BSTITUTE®
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SU
Exhibit "A"
Rezo _ g Ordinance
Please refer to Legistar File No. 08-0101 c for a copy of Ordinance No. 13039.
A copy shall be inserted p r to full execution.
City Commission — Second Reading DRAFT
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
ES 1 I1 V T E ®ACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit "B"
Appr i , al Resolution
Please refer to Legistar File No. 08-01015 .. for a copy of Resolution No. 08-0658.
A copy shall be inserted
City Commission — Second Reading DRAFT
to full execution.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
City Commission — Second Reading DRAFT
NAP Censer
of the Americas
t_S11PEt
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Museum Par
American Airlines Arena
aJ1n111s9ns
S U BSTITUT
E COCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
P ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
xhibit "D"
Amended Miami Worldcenter Zoni Yl Regulations and Development Standards
Please refer to Legistar File No. 08-01015ztl for a opy of the Amended Miami Worldcenter
Zoning Regulations and Development Standards. e Development Agreement will be
considered by the City Commission as a companion ite to the above -referenced file. A copy
shall be inserted prior to full execution.
City Commission — Second Reading DRAFT
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
E 'bit "E"
Legal Descriptio i f the Property
City Commission — Second Reading DRAFT
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
5 u B STITUT E DBACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
.949A. •.;, Moore Road
Boca Ra Florida 33487.
SURVEYING&MAPPING
Certificate of Authorization No. LR7264
SKETCH AND LEGAL DESCRIPTION
(NOT A. SURVEY)
MIIAMI :a ORLDCENTER•,- COMMUNITY DEVELOPMENT DISTRICT
Tel: (561) 241-9988
Fax: (561) 241-5182
3
7
N6
w
z
CERTIFICATION
I HEREBY CERTIFY THAT- THE SKETCH ;AND DESCRIPTION SHOWN HEREON
COMPLIES 'WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN'
CHAPTER 5J=1.7.051, FLORIDA ,ADMINISTRATIVE CODE, PURSUANT. TO
SECTION 472.027., FLORIDA STATUTES, AND THAT :SAID :SKETCH AND
DESCRIPTION IS. TRUE AND CORRECT TOTHE- BEST :OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION.
JEFF S. HODAPP.
SURVEYOR AND MAPPER
FLORIDA:: LICENSE NO. LS5111
P.roj act Nome. MIAIAI WORLDCENTER
J08 NO., 07139
DWG, BY! JSH
CK'D By' JEI<
DATE. 03/11/2014
REV: 8-19-2014.
SHEET 1:OF 15
2
L
40
4
SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A • 't Moore Road
Boca R. , Florida 33487
,aiMEr4,`A
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
LEGAL ► SCRIPTION
(1) All of L. 2
16, 19 and
recorded in
Florida, being
Block 18 North, together with a portion of Lots 1, 3. 4, 5, 15,
Block 18 North, City of Miomi, according to the plat thereof, as
t Book B, at Page 41, of the Public Records of Miami -Dade County,
re particularly described as follows:
Beginning at the •rthwest corner of said Lot 2 Block 18 North; thence North
87° 43'42" East, a . g the North line of said Lots 2 and 1, a distance of 90.18
feet; thence South • 13'55" East, along a line 10 feet West of and parallel
with the East line of • ,id Lot 1, a distance of 125.12 feet; thence North
87° 43'42" East, along line 25 feet North of and parallel with the South line
of said Lot 1, a distance •f 10.00 feet; thence South 02° 13'55" East, along the
East line of said Lots 1 a 20, a distance of 37.50 feet; thence South
87° 43'42" West, along a li 12.5 feet South of and parallel with the North line
of said Lots 19 and 20, a diance of 100.15 feet; thence North 02° 14'32" West,
along the East line of said Lo 8, a distance of 12.50 feet; thence South
87° 43'42" West, along the Souline of said Lots 3 and 4, a distance of 100.15
feet; thence South 02° 15'08" E. •t, along the east line of said Lot 16, a
distance of 25.00 feet; thence So. h 87° 43'42" West, along a line 25 feet South
of and parallel with the North line o aid Lot 16, a distance of 50.07 feet;
thence North 02° 15'26" West, along •e east line of said Lot 15, a distance of
12.50 feet; thence South 87° 43'42" est, along a line 12.5 feet South of and
parallel with the North line of said Lot 1 a distance of 50.07 feet; thence
North 02° 15'44" West, along the West linof said Lot 15, a distance of 12.50
feet; thence North 87° 43'42" East, along e North line of said Lot 15, a
distance of 50.07 feet; thence North 02° 15 '6" West, along the West line of said
Lot 5, a distance of 25.00 feet; thence Nort 7° 43'42" East, along a line 25
feet North of and parallel with the South line o aid Lots 5, 4 and 3, a
distance of 150.23 feet; thence North 02° 14'32 West, along the West line of
said Lot 2, a distance of 125.12 to the Point of : sinning.
Together with:
(2) All of Lots 2, 3, 4, 5, 6, 7, 8, 9, 14 and 15 Block 19 rth, together with
a portion of Lots 1, 10, 11, 12, 13, 16, 17, 18, 19 and 20 BIo. 19 North, City
of Miami, according to the plat thereof, as recorded in PI. Book B, at Page 41,
of the Public Records of Miami -Dade County, Florida, being .re particularly
described as follows:
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. BEARINGS SHOWN HEREON ARE BASED ON THE
FLORIDA COORDINATE SYSTEM, EAST ZONE, GRID NORTH,
1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION,
1990 ADJUSTMENT.
3. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
4. OF THE 24.008 ACRES SHOWN ON THIS SKETCH AND
DESCRIPTION, 2.083 ACRES ARE ROAD RIGHT-OF-WAY
FOR NE 7th STREET, NE 8th STREET AND NE 9th STREET.
JOB NO. 07139
Project Nome.
MIAMIWORLDCENTER
DWG BY,
CK'D By.
ABBREVIATI, S
L• ARCLEN
CONC. • CONCRET
COR. • CORNER
D • DELTA ICE AL ANGLE)
L.B. • LICENSED BU ESS
L.S. - LICENSED SUR' OR
O.R.B. • OFFICIAL RECO BOOK
P.O.B. • POINT OF BEGIN \G
P.O.C. • POINT OF COMMEN ..ENT
P.B. - PLAT BOOK
M.D.C.R.- MIAMI-DADE COUNTY CORDS
PG. • PAGE
P.S.M. - PROFESSIONAL SURVEY°
a MAPPER
R/W • RIGHT-OF-WAY
JSH
JEI<
SCALE. N/A
DATE, 03/11/2014
SHEET 2 OF 15
SUBSTITUTE
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
�ACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A • 'I Moore Road
Boca Ra . • Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA • 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
LEGAL
Beginning
02° 14'10"
thence Sout
North line of
West, along the
87° 43'42" West,
of said Lot 12, a
West line of said L
along a line 25 feet
distance of 50.00 fee
Lots 11 and 10, a distan
line 25 feet North of an
distance of 10.00 feet; the
of and parallel with the Wes
thence North 87° 43'42" Eas
distance of 439.95 feet; thenc
said Lot 2, a distance of 65.00
11.88 feet; thence South 12° 48'
87° 43'42" East, along a line 29 fe
of said Lot 1, a distance of 27.65 f
east line of said Lots 1 and 20, a dist
87° 43'42" West, along a line 25 feet
of said Lot 20, a distance of 10.01 feet;
Tine 10 feet West of and parallel with the
of 22.50 feet; thence South 87° 43'42" We
parallel with the North line of said Lot 20, a
on the arc of a circular curve to the right, a
South 81° 16'36" West; thence Southerly along t
radius of 425.88 feet and a central angle of 06°
feet to the point of tangency; thence South 02° 14
West of and parallel with the East line of said Lot 2
thence South 87° 43'41" West, along a line 10 feet N
South line of said Lots 16 through 20, a distance of
02° 14'19" East., along the East line of said Lot 15, a dist
thence South 87° 43'41" West, along the South line of sai
distance of 100.00 feet to the Point of Beginning.
Together with:
SCRIPTION
t the Southwest corner of said Lot 14 Block 19 North; thence North
st, along the West line of said Lot 14, a distance of 125.12 feet;
87° 43'42" West, along a line 25 feet South of and parallel with the
id Lot 13, a distance of 50.00 feet; thence North 02° 14'05"
est line of said Lot 13, a distance of 10.00 feet; thence South
long a line 15 feet South of and parallel with the North line
tance of 50.00 feet; thence South 02° 14'00" Eost, along the
12, a distance of 10.00 feet; thence South 87° 43'42" West,
outh of and parallel with the North line of said Lot 11, a
thence North 02° 13'55" West, along the West line of said
of 50.00 feet; thence North 87° 43'42" East, along o
arallel with the South line of said Lot 10, a
e North 02° 13'55" West, along a line 10 feet East
ne of said Lot 10, a distance of 125.12 feet;
along the North Tine of said Lots 2 through 10, a
South 02° 14'38" East, along the East line of
et; thence North 87° 43'42" East, a distance of
" East, a distance of 57.09 feet; thence North
North of and parallel with the South line
t; thence South 02° 15'27" East, along the
ce of 54.00 feet; thence South
uth of and parallel with the North line
ence North 02° 14'43" West, along a
t line of said Lot 20, distance
along a line 2.50 feet South of and
tance of 2.72 feet to a point
hich the radius point bears
arc of said curve, having a
'41", a distance of 48.15
3" East, along a line 10 feet
a distance of 89.57 feet;
th of and parallel with the
0.01 feet; thence South
ce of 10.00 feet;
Tots 14 and 15, a
(3) All of Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 19 and 20 Block 23 N• h,
together with a portion of Lots 6, 7 and 8 Block 23 North, City • Miami,
according to the plat thereof, as recorded in Plat Book B, at Page , of the
Public Records of Miami -Dade County, Florida, being more particularly escribed
as follows:
Beginning at the Northeast corner of said Lot 3 Block 23 North; thence • 'uth
02° 13'55" East, along the East line of said Lots 1 and 20, a distance of 2".97
feet; thence South 87° 43'37" West, along the South line of said Lots 10 on. 20,.
a distance of 100.06 feet; thence North 02° 14'32" West, along the West line
said Lot 19, a distance of 149.99 feet; thence South 87° 43'39" West, along th
South line of said Lots 3 through 7, a distance of 250.22 feet; thence South
JOB NO. 07139
rrolecr Name, MIAA4IW0RLDCENTER IDWG BY, JSH ISCALE1 N/A
CK'D By. JEK
DATE. 03/11/2014 1 SHEET 3 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
S u S STITUTE D BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Moore Road
Boca Rat. Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7284
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA I WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
LEGAL • SCRIPTION
02° 16'03" ast, along the East line of said Lot 13, a distance of 149.99 feet;
thence Sout 87° 43'37" West, along the South line of said Lots 13, 12 and 11, a
distance of 1' 09 feet; thence North 02° 16'57" West, along the West line of
said Lots 11 an. 10, a distance of 299.98 feet; thence North 87° 43'41" East,
along the North e of said Lots 10 and 9, o distance of 100.11 feet; thence
South 02° 16'21" t, along the East line of said Lot 9, a distance of 8.00
feet; thence North ° 43'41" East, along a line 8 feet South of and parallel
with the North line o said Lots 8 and 7, a distonce of 100.11 feet; thence
South 02° 15'45" East, •long the East line of said Lot 7, a distance of 2.00
feet; thence North 87° '41" East, along a line 10 feet South of and parallel
with the North line of sa Lot 6, a distance of 50.06 feet; thence North
02° 15'26" West, along the ast Tine of said Lot 6, a distance of 10.00 feet;
thence North 87° 43'41" Ea alone the North line of said Lots 1 through 5, a
distance of 250.28 feet to t - Point of Beginning.
Together with:
(4) All of Lots 8 through 19 Block . North, together with a portion of Lots
1 and 20 Block 22 North, and all of ► • is 2 through 18 Block 39 North,
together with a portion of Lots 1, 19 • 'd 20 Block 39 North, and all of Lots 2
through 10 and 13 through 19 Block 4 North, together with a portion of Lots 1,
11, 12 and 20 Block 42 North, and a po •n of Lots 1 through 10 Block 59 North,
and a portion of the 50 foot platted roa• ay lying between said Blocks 22 and
39, and a portion of the 50 foot platted r. dway Tying between said Blocks 39
and 42, and a portion of the 50 foot plattee oodway Tying between said Blocks
42 and 59, all of City of Miami, according to t plat thereof, as recorded in
Plat Book B, at Poge 41, of the Public Records Miami -Dade County, Florida,
being more particularly described as follows:
Beginning at the Northwest corner of soid Lot 10 BI. 22 North; thence North
87° 43'41" East, along the North line of said Lots 10, and 8 Block 22, a
distance of 102.53 feet; thence South 02° 14'10" East, .long the East line of
said Lot 8 Block 22, a distance of 10.00 feet; thence •rth 87° 43'41" East,
along a line 10 feet South of and parallel with the North II - of said Lots 6
and 7, o distonce of 100.01 feet; thence South 02° 14'19" st, along the West
line of said Lot 5, a distance of 2.50 feet; thence North 87 3'41" East, along
a line 12,5 feet South of and parallel with the North line of so Lots 1
through 5, a distance of 225.51 feet to the point of curvature a circular
curve to the right; thence Easterly and Southerly alone the arc f said curve.,
having a radius of 7.00 feet and a central angle of 90 00'00", o tance of
11.00 feet; thence North 87° 45'16" East, a distance of 2.50 feet; t nce South
02° 14'43" East, along a line 15 feet West of and parallel with the Ea line
of said Lots 1 and 20 Block 22, a distance of 202.47 feet; thence So. h
87° 43'39" West, o distance of 2.50 feet; thence South 02° 14'43" East,
along a line 17.5 feet West of and parallel with the East line of said Lot
20 Block 22, a distance of 77,98 feet; thence South 87° 43'37" West, alo
the South line of said Lot 20 Block 22, a distance of 17.50 feet; thence
South 02° 14'43" East, along a line 35 feet West of and parallel with the East
line of said Lots 1 and 20 Block 39 and the Northerly extension thereof, a
JOB NO. 07139
Project Name, MIAMI WORLDCENTER I on ay, JSH
CK'D By, JEK
SCALEI N/A
DATE, 03/11/2014
SHEET 4 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
SU B STIT UT E �B GKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A 4 Moore Road
Boca Ra • Florida 33487
�R� M E r6
Q� �R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
MIA
LEGAL
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
SCRIPTION
distance of
of and paralle
of 65.03 feet;
Block 39 and th
North 87° 43'16"
distance of 90.04
of and parallel with th
feet; thence North 87°
with the North line of s
South 02° 14'43" East, alo
distance of 60.03 feet; the
of and parallel with the Sout
feet; thence South 02° 14'43"
with the East line of said Lot
South 87° 41'53" West, along the
of 23.00 feet; thence South 02° 1
parallel with the East line of said Lo
thereof, a distance of 154.94 feet; t
feet North of and parollel with the Sou
59, a distance of 467.30 feet; thence
of said Lot 10 Block 59, a distance of 10
along the North line of said Lot 10 Block
North 02° 13'55" West, a distance of 50.00
along the South line of said Lot 11 Block 42,
02° 13'55" West, along the West line of said Lo
of 300.22 feet; thence North 87° 43'16" East, a
Block 42, a distance of 8.00 feet; thence North
50.00 feet; thence South 87° 43'16" West, along th
Block 39, a distance of 8.00 feet; thence North 02°
line of said Lots 11 and 10 Block 39. a distance of 30
87° 43'37" East, along the North line of said Lot 10 Blo
feet; thence North 02° 13'55" West, a distance of 50.00
87° 43'37" West, along the South line of said Lot 11 Block
feet; thence North 02° 13'55" West, along the West line of s
Block 22, a distance of 299.97 feet to the Point of Beginnin
Together with:
(5) All of Lots 4, and 12 through 20 Block 43 North, together with portion of
Lots 1, 2 and 3 and Lots 5 through 11 and lot 20 Block 58 North, • d a portion
of Lots 1 through 10 Block 58 North, and a portion of the 50 foot p , ted
roadway lying between said Blocks 43 and 58, all of the City of Miami, . cording
to the plat thereof, as recorded in Plat Book B, of Page 41, of the Publi
Records of Miami -Dade County, Florida, being more particularly described
follows:
JOB NO. 07139
9.59 feet; thence South 87° 43'16" West, along o line 60.5 feet North
'th the South line of said Lots 20 and 19 Block 39, a distance
nce South 02° 14'34" Eost, along the West line of said Lot 19
outherly extension thereof, o distance of 110.50 feet; thence
t, along the North line of said Lots 2 and 1 Block 42, a
t; thence South 02° 14'43" East, along a line 10 feet West
east line of said Lot 1 Block 42, a distance of 140.00
'16" Eost, along a line 140 feet South of and parallel
Lot 1 Block 42, o distance of 10.00 feet; thence
the east line of said Lots 1 and 20 Block 42, a
e South 87° 41'53" West, along a line 100 feet North
ine of said Lot 20 Block 42, a distance of 10.00
ast, along a line 10 feet West of and parallel
Block 42, a distance of 100.00 feet; thence
outh line of said Lot 20 Block 42, a distance
3" Eost, along a line 33 feet West of and
1 Block 59 and the Northerly extension
nce South 87° 41'43" West, along a line 45
line of said Lots 1 through 10 Block
th 02° 13'55" West, along the West line
96 feet; thence North 87° 41'52" Eost,
a distance of 8.00 feet; thence
et; thence South 87° 41'53" West,
distance of 8.00 feet; thence North
11 and 10, Block 42, a distance
the North line of said Lot 10
° 13'55" West, a distance of
South line of said Lot 11
'55" West, along the west
13 feet; thence North
39, a distance of 8.00
et; thence South
o distance of 8.00
d Lots 11 and 10
Project Name,
MIAMI WORLDCENTER
DWG DTI JSH
CK'D By. JEK
SCALE, N/A
DATE, 03/11/2014
SHEET 5 OF 15
SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A • • Moore Road
Boca Fla . • Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
LEGAL I SCRIPTION
Beginning
87° 41'53"
10.00 feet; t
parallel with th
thereof, a dista e
feet North of an
distance of 39.95
Lot 1, a distance of
feet North of and pa
58, a distance of 349.
of said Lot 9 Block 58,
along a line 30 feet Nort
and 10 Block 58, a distanc
the West line of said Lot 10
87° 41'53" East, along the No
10.00 feet; thence North 02° 1
parallel with the West line of said
extension thereof, a distance of
curve to the right, at which the ra
Northeasterly along the arc of said
central angle of 04° 20'13", a distance
East, along a line 10 feet South of and
Lots 5 through 10 Block 43, a distance
West, along the West line of the East one -
distance of 10.00 feet; thence North 87° 43
said Lots 4 and 5 Block 43, a distance of
East, along the east line of said Lot 4 Block 4
thence North 87° 43'16" East, along a line 10 fe
North line of said Lots 3, 2, and 1 Block 43, a dis
South 02° 13'55" East, along a line 10 feet West of
line of said Lot 1 Block 43, a distance of 140.12 fee
East, along the South line of said Lot 1 Block 43, a di
thence South 02° 13'55" East, along the east line of sal
distance of 150.12 feet to the Point of Beginning.
Together with:
(6) A portion of Lots 11, 12, 13 and 14 Block 58 North, City of 'iami, according
to the plat thereof, as recorded in Plat Book B, at Page 41, of Public
Records of Miami -Dade County, Florida, being more particularly de ribed as
follows:
the Southeast corner of said Lot 20 Block 43 North; thence South
st, along the South line of said Lot 20 Block 43, a distance of
nce South 02° 13'55" East, along a line 10 feet west of and
East line of said Lot 1 Block 58 and the Northerly extension
of 169.96 feet; thence South 87° 41'43" West, along a line 30
arallel with the South line of said Lot 1 Block 58, a
et; thence North 02° 14'14" West, along the West line of said
.00 feet; thence South 87° 41'43" West, along o line 45
lel with the South line of said Lots 2 through 8 Block
feet; thence South 02° 16'21" East, along the East line
distance of 15.00 feet; thence South 87° 41'43" West,
of and parallel with the South line of said Lots 9
of 99.91 feet; thence North 02° 16'57" West, along
ock 58, a distance of 119.98 feet; thence North
line of said Lot 10 Block 58, a distance of
7" West, along a line 10 feet East of and
ots 10 and 11 Block 43 and the Southerly
.64 feet to a point on the arc of a circular
s point bears South 49° 26'57" East; thence
urve, having a radius of 15.00 feet and a
1.14 feet; thence North 87° 43'16"
rallel with the North line of said
264.16 feet; thence North 02° 15'17"
If of said Lot 5 Block 43, a
" East, along the North line of
99 feet; thence South 02° 14'50"
a distance of 10.00 feet;
South of and parallel with the
nce of 139.98 feet; thence
nd parallel with the East
hence North 87° 42'34"
nce of 10.00 feet;
Lot 20 Block 43, a
Beginning at the Southwest corner of said Lot 11 Block 58 North; then North
02° 16'57" West, along the West line of said Lot 11, a distance of 119.98 eet;
thence North 87° 41'34" East, along a line 30 feet South of and parallel 'th the
North line of said Lots 11, 12, 13 and 14, o distance of 199.79 feet; thence
South 02° 15'45" East, along the East line of said Lot 14, a distance of 119.
feet; thence South 87° 41'34" West, along the South line of said Lots 11, 12,
and 14, a distance of 199.75 feet to the Point of Beginning.
JOO NO. 07139
Project Name, MIAMIWORLDCENTER
DWG BY JSH
CK'D By, JEK
SCALE, N/A
DATE, 03/11/2014
SHEET 6 OF 15
SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A b 't Moore Road
Boca Ra Florida 33487
RI M E TF
Q�R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIA 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
LEGAL ► SCRIPTION
Together h:
(7) A portion •f Lots 19 and 20 Block 58 North, City of Miami, according to the
plat thereof, a ecorded in Plat Book B, at Page 41, of the Public Records of
Miami -Dade Cou Florida, being more particularly described as follows:
Beginning at the S. thwest corner of said Lot 19 Block 58 North; thence North
02° 14'32" West, alo the west line of said Lot 19, a distance of 119.97 feet;
thence North 87° 41'4 East, along a line 30 feet South of and parallel with the
North line of said Lots and 20, a distance of 89.90 feet; thence South
02° 13'55" East, along a e 10 feet West of and parallel with the East line of
said lot 20, a distance of 9.96 feet; thence South 87° 41'34" West, along the
South line of said Lots 19 • 'd 20, a distance of 89.88 feet to the Point of
Beginning.
Said lands all situate in the City • f Miami, Miami -Dade County, Florida and
contain 24.008 acres, more or
JOB NO. 07139
Project Nome,
MIAMI WORLDCENTER I DWG BY. JSH 'SCALE, N/A
CK•o By, JEK DATE, 03/11/2014.
SHEET 7 OF 15
SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A 't Moore Road
Boca Ra ' Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
M MI WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
N
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JOB NO. 07139
Project Namoi
MIAMI WORLDCENTER
DWG BY. JSH
SCALE, 1"•80'
CK'O By. JEK
DATE. 03/11/2014
SHEET 8 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
S U B STIT UT E D BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Moore Road
Boca Ra . Florida 33487
M E�R
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
KETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MI MI WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
25'
N.E. 1ST AVE. t
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JOB No. 07139
Protect Namei MIAMIWORLDCENTER DWG are JSH
SCALE. 1"=80'
CK'D By JEK
DATE. 03/11/2014
SHEET 9 OF 15
SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Moore Road
Boca Rat. Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
KETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MI 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
N
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J00 NO. 07139
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0
DWG DYs JSI-t
SCALE.
V'•80'
cK'D ByI JEK
V
CO
DATE, 03/11/2014 1 SHEET 10 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
SU B STIT UT E D BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A . 't Moore Road
Boca Ra Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
M 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
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SHEET 11 OF 15
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BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Moore Road
Boca Rat. Florida 33487
M E�
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
KETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MI 1 WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
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949A i 'I Moore Road
Boca Re . Florida 33487
1:ti me
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
KETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
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SUBSTITUTED
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
949A Moore Road,
Boca Rah . Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. L87264
KETCH AND LEGAL DESCRIPTION (NOT A SURVEY).
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SURVEYING&MAPPING
Certificate of Authorization No. LB7264
KETCH. AND; LEGAL DESCRIPTION (NOT A SURVEY)
MI ` °iI WORLDCENTER - COMMUNITY DEVELOPMENT DISTRICT
Tel: (561)'241-9988
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NO. 07139
Project Nome.
MIAMI WORLDCENTER
DWG BY,
SCALE 1"-80'
cx'DYBy. JEK
DATE. 03/11/2014
SHEET 15 OF 15
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
uppq SLIT LJ1 E DKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
ibit "F"
Public Open Spaces b>. sement Agreement
City Commission — Second Reading DRAFT
SUBSTITUT
CUMENT IS A SUBSTITUTION TO THE ORIGINAL.
P ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
This instrument is prepared by (and after recording)
please retum this instrument to:
ris Escarra, Esq.
eenberg Traurig
3 venue of Americas
44th oor
Miam L 33131
Reserved for Recording
OPE , PACE EASEMENT AND MAINTENANCE AGREEMENT
THIS OPEN S CE EASEMENT AND MAINTENANCE AGREEMENT ("Easement
Agreement") is entered s's day of 2014, by and between MIAMI
WORLDCENTER GROU LLC., a Florida limited liability;: company ("MWC") and the
undersigned affiliates and sub iaries of MWC (collectively the"Developer"), and the CITY OF
MIAMI, FLORIDA, a municip.:, corporation and a political° subdivision of the State of Florida
("City", hereinafter the Developer d the City may bereferrred.tn as the "Parties").
RECITAL
WHEREAS, the Developer hold ee simple title to that certain assemblage of real
property located in the MWC District (collet ,:vely, "Property"), legal descriptions of which are
attached as Exhibit "A". ' ''`
WHEREAS, on or about November 3, '200 ``, . he Developer and the City entered into that
certain Development Agreement between the Parties ``` nitial-Agreement"), which was approved
by the City Commission -("Commission") on Novmb, -13, 2008through Resolution No. 08-
0658, (collectively the Approval Resolution") `
\. 1 `\
WHEREAS, on,or'about ) \ , 2014, y. Developer and the City entered
into that certain_A_ mended‘and�Restated-Development Agreemen t �. etween the Parties, which was
approved m by the Commission through Resolution No. ("Amended and Restated
Development Agreement"); `\�
WHEREAS, the Parties mutually,desire for the Property to provi i various types of open
space (collectively, "Open Ss") pacewithin)the Project, and be substantia consistent with the
Conceptual Open, Spaces Plan ("Open Spaces Plan") attached as Exhibit "B' d also consistent
with the terms, conditions and mutual obligations contained in the Initial A ement and the
Amended and Restate Development , Agreement; and
WHEREAS, the Developer will retain ownership of the Open Spaces but sha `' _rant the
City a non-exclusive easement allowing public access to the Open Spaces as depicted in Open
Spaces Plan attached as Exhibit B;
MIA 183590082v3
SU BSTITUTE
HIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
CKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
NOW, THEREFORE, in consideration of the mutual covenants, obligations and
co ' itions contained in this Easement Agreement, the Parties mutually agree and bind themselves
as de led below:
1. Recitals. The foregoing recitals are true and correct and are incorporated as if set
forth herein:
2. ose.
2. 0 s e ace. The Developer agrees to designate the following Open Spaces
within the Property:
(i) One (1) blic Open Space containing a,minimum of 20,000 contiguous square
feet, as shownExhibit B; / 2
(ii) One (1) publicwtpen Space; containing a minimum f\14,000 contiguous square
feet, as shown on E o, bit B. ands, �'� `�
(iii) Sidewalks and-- s f ilar pedestrianpassageways designed to encourage
increased pedestrian, acti``->:ty including\;shopping, entertainment and outdoor
seating, in the general ar r conceptually\ identified on the Regulating Plan
attached to this Easement.Agre` �n ent as Exhibit"C".
3. 0 s en S s ace: Maintenance O' er on and.Liabili A reement. The Developer,
including successors -and assigns of the Developer, .11 be responsible for maintaining, repairing,
and all associated upkeep,of the Open Spaces\(inclus'i. g all improvements or similar structures
which may be constructed or.locatedthereon from time`'k. time) in a safe manner, in compliance
with applicable -laws and building regulations, and.iri\a m er which does not otherwise impede
the exercise of -the -ease rent rights<in thisEasernent Agreem
�4. Term of Eaements. The easement(s) over the ;s en Spaces in favor of the City
and the public granted in this<,Easement Agreement shall commen on the date of recordation in
the Public Record'of Miami-Dade`zCounty; Florida.
5. Construction and Development of Open Spaces. The `' ies acknowledge that
as part of the procesto 'develop the Property, access to the Open Spac may be temporarily
impeded for purposes of constructing, maintaining, or repairing the Open Spa; s. The Developer
will provide the City with aminimum of thirty (30) days advance written notice any temporary
impediments to accessing the Open Spaces.
6. Compliance With Laws. The Developer shall at all times comp with all
applicable municipal, county, state and federal laws, ordinances, codes, statutes, es and
regulations.
2 of 8
MIA 183590082v3
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
SlJ S STITUT E ® BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
7. Miscellaneous.
a. Enforcement. The provisions of this Easement Agreement may be enforced by all
availa remedies at law or in equity (provided, however, that in no event shall any party have
the right seek to terminate any of the easement rights granted hereunder) by the Parties.
b. Construction. The section headings contained in this Easement Agreement are for
reference purp s - s only and shall not affect the meaning or interpretation of the provisions herein.
All of the Partie o this Easement Agreement have participated fully in the negotiation of this
Easement Agreeme'', and accordingly, this Easement Agreement shall be equally construed as
between the Parties, eluding their successors and assigns.' In construing this Easement
Agreement, the singula all be held to include the plural, theplural shall be held to include the
singular, and reference ny particular gender shall be held ''to include every other and all
genders.
C. Notices. All noti:rz. , demands\or requests given under this\Easement Agreement
shall, except as otherwise express ' ._• rovided, be in writing and delivered, by, personal service or
United States Registered or Certifi:+.; Mail, return receipt r• equested, postage prepaid, or by
overnight express delivery, such as,feei al Express; to the parties at the addresses listed below.
Any notice given pursuant to this Ease_ '� ` t..,Agreement, sliall be deemed given when received.
Any actions required to be taken hereunder `' ichJall on Saturday, Sunday, or United States legal
holidays shall be deemed to be performedv ti n' ly when taken, on, the succeeding day thereafter
which shall not be a Saturday, Sunday or legal h'day. '-.. '
To the'City:
\ity Manager /
City of Miami
/ 3500 Pan American `! rive
-_,,--, /Miami, FL 33133,
J
MIA 183590082v3
With a copy to:
City.Attorney
Miarni Riverside Center
444 SW 2nd Ave., 9th Floor
Miami, FL 33130
To the Developer:
Managing Member
Miami WorldCenter LLC
1010 NE 2nd Ave.
Miami, FL 33132
With copies to:
Greenberg Traurig, P.A.
Attn: Ryan D. Bailine, Esq.
Attn: Iris Escarra, Esq.
3of8
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
s lJ S STITUT E D,CKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
333 SE 2nd Ave., Suite 4400
Miami, FL 33131
Reserved for Recording
Severability. In the event any term or provision of this Easement Agreement is
determin-.. by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be gi its nearest legal meaning or be construed as deleted as such authority determines,
and the remai er of this Easement Agreement shall remain in full force and effect.
d. Su ., d ssors and Assi ns. This Easement Agreement shall be binding upon and
inure to the benefit . the owners from time to time of the Property, including and their respective
successors and assigns. -, \ \(\
e. Exhibits. A` of the Exhibits attached to, this Easement -Agreement are incorporated
in, and made a part of, this .I.ement Agreem� t/ \
f. Force Majeure. .,•r purposes `of'`this Easement Agreem nt, the term "Force
Majeure" shall mean and refer to a ;. act of God,\earthquake, hurricane, flood, riot, war, order of
civil or military or naval authority, e, strikes, extraordinary weather conditions, or any other
course of events reasonably beyond' th�", ontrol of the Parties, as applicable (provided, however,
that the inability to fund any obligation` all 'never be deerned Force Majeure). To the extent
either of the Parties, as applicable, is unabl 4• complete an obligation or task as a result of Force
Majeure, the time periodfor such party taco :� lete'its obligation; to,the extent there is one, shall
be extended for a reasonable period,of time dep=,n• mg 'upon thenature of the Force Majeure event
together with the incomplete task `'or.`unfulfilled ob' ��ation. --._.%
g. Exclusive Venue Choice of Law S • eci .: Performance. It is mutually understood
and agreed by the Parties hereto, that this Easement Ag ``cment shall be governed by the laws of
the State ;of/Florida; and any applicable federallaw, both a interpretation and performance, and
that any\action at law, Burt\ megorty, or judicial proceedings the enforcement of this Easement
Agreement or any provision., hereof shall'�be instituted only in er courts of the State of Florida or
federal courts and venue for.,any such\actions shall lie exclu vely in a court of competent
jurisdiction in `Miami -Dade County. In addition to any other al rights, the City and the
Developer shall each have the 'right to seek specific performance o , his Easement Agreement.
Each party shall beaAits own attorney's fees. Each party waives any de ` se, whether asserted by
motion or pleading, that: `the aforementioned courts are an improper inconvenient venue.
Moreover, the Parties consent to the personal jurisdiction of the afore ' ntioned courts and
irrevocably waive any objections to said jurisdiction. The Parties irrevocably °, aive any rights to
a jury trial..
8. Reservations.
a. The Developer hereby reserves all rights of ownership in and to the Ope paces,
including, without limitation, the right to grant further easements in, on, over, across, o ; nder
Open Spaces for all uses and activities that do not materially interfere with the intent nd
4 of 8
MIA 183590082v3
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
SV B Sri UT E DACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
ovisions of Easement Agreement.
b. The Developer hereby reserves the right to install public utilities in the Open
Space ubject to the approval and consent of all applicable governmental and/or regulatory
agencies.
9. A
this Easement
except by writte
seeking such amen
Manager of the City
The City shall not unr
Easement Agreement. Fu
and recorded in the Public
endments• Termination. Subject to the other provisions hereof, the provisions of
reement relating to the easements may not be amended, modified or terminated
elease and/or agreement of all of the then effected owners of the Property
ent, the holders of any mortgages of record encumbering same and the City
Miami or his or her successor, in a form acceptable to the City Attorney.
onably withhold, condition, ,or deny any such requests to amend this
er, no modification or amendment shall be effective unless in writing
ords of Miami-Dade'Couniy, Florida\
/ / \\
10. Estoppel Certificate
other party or its duly authorized
(30) days after such request is ma
Agreement is unmodified and in full
description of such modifications and the
and effect); (b) that to the best knowledge
in default under any provision of this Easeme
detail; (c) to the best knowledge of such 'party,
party under this Easement; Agreement, and,if so,
claim; and (d) such other matters ;such requestin
Each party further agrees'that such"certificate shall,be
Attorney and may be relied upon by`(i) many prospects
assignee of any mortgage on the%fee. of the, Property o
prospective or existing lender of.Developer as.identif ed by
Upon request by any party to thisEasement Agreement, the
resentativewill deliver to the requesting party, within thirty
a certificatevin,writing/ certifying (a).,that this Easement
e and effect'(or if there have been any modifications, a
'this Easement Agreement as modified is in full force
su`ch,party, the requesting party is not, at that time,
Agreement, or, if,in default, the nature thereof in
hether'such party has a claim against the other
nature thereof'and the dollar amount of such
•
arty or-itslender may reasonably request.
a form reasonably acceptable to the City
purchaser of the fee or mortgage or
any portion thereof and/or (ii) any
veloper in its request therefor.
lL Entire Agreement:, This Easement Agreement c
between the'Parties with respect to the subject matter hereof and s
e
understandings'and-arrangements, both oral and written, between the
[SIGNATURE PAGES FOLLOW]
Sof8
MIA 183590082v3
stitutes the entire agreement
rsedes all prior agreements,
ies.
1J BSTITUTE
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
OCKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
NOW, WHEREOF, the City and the Developer have caused this Open Space Easement
an,: aintenance Agreement to be duly executed.
/'' 'N
MIA 183590082v3
MIAMI WORLDCENTER HOLDINGS LLC.,
a Delaware limited liability company
By: PWV Group 1 Holdings, LLC.,
a Delaware limited liability company
By:
Name: / /
Title:
r \
By: 701'North Miami (FL), LLC.,
a Delaware limited liability company
\\\/
Nam
Title:`'
Miami First
By:
Print Nam
As\�
aDelaware limited liability company
1 Miami Second, LLC., a Delaware 11/ ted liability company
By:
Print Name
As:
6of8
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
S U B STiT lJ T E DACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
Open Space Easement
And Maintenance Agreement
Reserved for Recording
Miami Third, LLC., a Delaware limited liability company
By:
As:
Print Name
/' 'a
Miami Fourth, LLC:; a Florida limited liability company
By:
/
Print Name
Mia _ti A/I, LLC., a Delaware limited liability company
By:
V :.Print
As:
\\
STATE OF FLORIDA'A. ),� \ ��
COUNTY OF MIAMI=DARE)
I HEREBY\CERTIFY that on this _ day of , 2014, p
officer duly authorized to administer oaths and take acknowledgem
as \of. .. t . They are persona
produced
MIA 183590082v3
'as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
7of8
onally appeared before me, an
s,
known to me or have
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
Open Space Easement
And Maintenance Agreement
Reserved for Recording
CITY OF MIAMI, FLORIDA
By:
Daniel J. Alfonso, City Manager
ATTEST:
By:
Todd B. Hanrion, City Clerk
\
APPROVED AT TO\ FORM AND
CORRECTNESS: \,\
( /
By: ( \
Victoria Mendez, City Attorney
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MIA 183590082v3