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HomeMy WebLinkAbout02-12-15 CC FR ExhibitThis Instrument Was Prepared By, Record and Return To: Ryan D. Bailin, 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 FIRST, 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 11th Street on the North, NE 6th Street on the South, NE 2nd 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 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 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 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. MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 4 "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 11th 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 5 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 6 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. MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 7 (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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 8 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. MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 9 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 10 (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 Depaittnent 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 11 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 12 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); MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 13 (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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 14 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 15 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 16 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 17 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 18 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, MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 19 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 20 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 21 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 MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 22 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 City Commission — First Reading — February 12, 2015 Page 23 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 MIAMI WORLDCENTER HOLDINGS, LLC, a Delaware limited liability company By: PWV Group 1 Holdings, 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 25 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 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 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 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 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 Miami Alt, 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 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 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 Exhibit "A" Rezoning Ordinance MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 34 rty of Legislation Ordinance City Ha:i 3500 Pare American Drive Miami, FL 33133 www, s n lam igov, wog? O0z Final Action Datc 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 llth 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 "A"; 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; (d) will not create an isolated district unrelated to adjacent and nearby 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 Miami Page 1 of 2 Printed On: 10/31/2008 File Number 08-O 3 015zc reate or excessively increase traffic congestion or otherwise affect public safety; will not create a drainage problem: will not seriously reduce light and air to adjacent area; not adversely affect property value in the adjacent area; ill 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 Iliatni Page 2 of 2 Printed On: 10/31/2008 Exhibit "B" Approval Resolution MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 35 ity of MIi. Legislation Resolution City Hal! 3500 Pan American Drive Miami, FL 33133 www,miatnigov.cam File Number: 08-9iO15da 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 DEVELOPDEVELOPIVIENT AGREEMENT, 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 1 lth 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 City of Miami Page 1 of 2 Printed On: 10/31/2008 File Number 08-01015de 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 authorized11) 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. City of Miami Page 2 of 2 Printed On: 10/31/2008 Exhibit "C" Site Plan MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 36 Exhibit "D" Amended Miami Worldcenter Zoning Regulations and Development Standards [Please refer to Appendix D of Miami] MWC Amended and Restated Development Agreement City Conunission — First Reading — February 12, 2015 Page 37 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. 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 connectedne to encourage improving pedestrian connectivity and encouraging walkability, multi -modal mass a+Rd 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. la. 2. Maintaining the future growth of downtown infill redevelopment ensuring Miami's focus for the region's economic, civic, and cultural activities. s, 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, 4 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 Gbuildings and landscaping that contribute to the physical definition of Thoroughfares as civic places. f, 6 n specific area within an existing District that incl, Arles 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 cmbcllishco promotes a pedestrian and transit friendly public and private realm of the highest quality. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 affectsing the height, mass bulk, 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 rig ht-of-way. 16.12.3.2 Section 3(b) Considerati-ensin 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 Mauer 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 reference (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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 allowablc floor ar within the projcct may be allocated by the owner to individual building sites I Inconctrained by +he FAR for an„ individbgal cite 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 under the land development regulations for the Miami Worldcenter area, sF flap the adjacent areas, and the Miami Comprehensive Neighborhood Plan. allocatcs FAR sSufficient FLR must be allocated to build structures-t-G a minimum of two stories on all parcels within the project except sOpen &Space and Civic Space sites, and pr^„ides all cn_�a Miami Worldcenter area reguirementc including open space, civic space, and parking. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 1612 A 1 Maier l lse Special Permit 11000, when property within the SD 16.3 Miami Worldccntcr ar a containing nine or morc Major Use Special Permit within the project is required for: (1) non residential or lodging uses in hotel and related office b, aiding with a mix of retail and office i ices excee •!c two million cguare 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 the 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. bey n yterr ate on. tting properties in`+l properties—acroccc sstreet or alley. Arcade: A covered pedestrian outdoor space along 414e 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 Table 3 and in the Regulating Plan and Design Standards. Balcony: An unenclosed habitable structure cantilevered from or inset within a facade or elevation. 8-1-es e aggregate of ate s ssagcc, rear lanes and Allcyc, the perimeter of which abuts Thoroughfares. Building Configuration: The form of a Building, based on its massing, relationship to Frontages and let lines an`•! height , Building Di,pesition: The placement of a Building on its lot. Building Use: The uses accommodated by a Building and lot. City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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. n-f-r -T-o pl relement along a Frontage as i"rn esenfronnte theet." Entrance, principal: The TTmTain point of acce,,s 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 t#e 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 involves human presence with dircct vicw of the enfronting strcctc or public or private opcn space, excluding parking garages, pelf City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 Lino 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 sSpace: 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 a-n4 set aside, dedicated, or otherwise designated or reserved for public use or enjoyment, or private use or enjoyment or—fert-las—use and enjoyment of by the owners and occupants of land adjoining or neighboring such open spaces. Open Space includes the ground floor level of Galleriec /Arcade and covered and uncovered paceoc o Parking Garage or Parking Structure: A structure containing vehicular parking, including robotic and/or mechanical parking systems. City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Paseo: An access way public open cpaco restricted limited to pedestrian use and limited controlled vehicular access that connectings streets, plazas, alleys, garages and other public use spaces. Paseos must have a minimum width of 201feet 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 cctablichcs thc major part of thc public realm. The fo,r cars nd ci ewalkc or Panic f pedectr mac) as well as the amenities of the Frontages (street trees and plantings, benches, streetlights, paving, street furniture, City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage Build to -lino, 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 Deign 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 -Line Base Building Line, as shown in the Deign 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, and cidewalkc or pathc For pedectrianc as part Gf an interconnected network 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. Underground Parking: Parking in which the ceiling or roof of the top level does not rise above 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 nnay approve, pursuant to a Class II Special Permi+ a transi+inn sn that the prnpnced building location matches or provides a transition to the adjacent building location. 16.12.7 Section 7 MEASUREMENT OF HEIGHT City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 IovaIs 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 ar-e contain retail uses, their total the maximum combined la -Height shall be limited to 3g 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 59 60 feet and the ground floor and second floor shall be a maximum of 3‘9 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 la -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 la -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 #Floor aArea of the floor plate 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 }t 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 gee# 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.'1, there shall be no #Height or coverage limits for (1) non-functional decorative architectural elements, and (2) solar or wind energy collectors. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 16 4 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. 16.12.8 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. 16.12.8.1 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 sStories, Facades shall be along the Frontage a minimum of seventy percent (70%) of its length on addressing the Build to -Lino Setback Line as shown in Table 3 and-4 the Design Development Standards. 16.12.8.6 Section 8(f) At the first Story, Facades along a Frontage Build to —Line shall have frequent doors and windows as provided in the Deign 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(g) 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 Line Base Building Line may be adjusted to conform to an existing adjacent building location by Clams 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 is-Lin-c Base Building Line shall not be required for a Frontage facing a Pedestrian Promenade, Plaza Civic Space, or a Street Corridor -9&70 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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 placement Setback of only 10 feet on all frontages. 16.12.8.8 Section 8(h) Above the eighth 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 Clan II Special Permit Warrant. Aeve-the-eig„th fl�-the-Sec Layer, at-a-Setba the 0 additional Setback from the Build -to Line to accommodate depth of swimming pools, FAR ar o 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 eighth 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 +e 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, ti�C�r'i i of Miami m ded erlap tide whole idth of 4he Sidewaik t. ithin tw (2) r S-arrrel�cr T�avi�-rm�rcrn�rcrcwcm�cv�Fcrnrr City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 la -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, Sections 616/I 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, College/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. ai Intensities shall conform to Tablc 3 incorporated herein by reference 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 building that is entirely below the elevation of the sidewalk, to balconies or terraces, or to same store retail uses that have a ground floor with ec+r-access to thhesidewalk and street Frontages. 16.12.11 Section 11 PARKING STANDARDS City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 y 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. 16.12.11.1 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 ILayer per Sec. 12(d) 16.12.12/1 below, (2) a Liner Building or, (3) a Streetscreen, as illustrated in the Deign 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 i i-s 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(q) The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than 45 feet a the minimum distance between vehicular entrances shall be sixty (60) feet. A ten percent (10%) deviation may be approved by Class II Special Permit. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 Article 9 Chapter 62 of the City Code. 16.12.12.2 Section 12(b) The Facades on Retail Frontages 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 i 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 inside& stated herein. Display Windows are areas of ctorcfront glazing that arc dccigncd 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. 46.'' 74 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 wherever pos-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 Deign Development Standards. 16.12.13.2 Section 13(b) Public sOpen &Space shall be a minimum ten percent f 10%1 of the total gros Net- Lot -a Area. A minimum of ten percent 110%1 of the public open space shall be landscaped, as provided in the Deign 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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Standards, and consistent with the intent of Article 10, Table 15 of the Zoning Ordinance, as applicable to T6-O muct be approver! by (`lace II permit Warrant either for an individ al cign 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 sOpen &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 €-AR 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 fib percent (79 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 Ordinance 11000 ac amended rn , 16.12.17.2 Affordable/VVorkforce Housing A developer may acquire bonus floor area up to a maximum of 25% of the total FAR capacity by contributing to the Affordable Housing Trust Fund, or by providing onsite AffordablciWorkforcc 16.12.17.2.1 Trust Fund Contributions A developer may acquire one additional square foot of buildable space for each nonrefundable the time of building permit application) to the Affordable Housing Trust Fund administered by the 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 Wept 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, the development shall be allowed two square feet of additional buildable space. 16.12.17.3 Public Open space City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 For every square foot of public open space that a projcct provides onsitc in exco c of the required amount of public open space, thc development shall--be—atl ed 29 s the development capacity of the land provided. The open spy be a courtyarrd, plaza,or Table 2, or part of the Streetscape, per the Design Standards. 16.12.17.1 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 certification. Additional incrcmcnts of FAR capacity provided under 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 certification is adopted by thc City a, the minimum standard niith a 2% increase in floor area to go from silver to a geld prevents in the 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 certification has net been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the building. Funds that become 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 „—any sectio rt of section paragraph clause phrase „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 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: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 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 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER I. INTRODUCTION 2 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI 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 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Diagrams and Illustrations Map 1 location of the Miami Worldcenter site LTD 7 L-3 6th Street --GGve.n-m€nt Buildings to aQ NAP Center Miami World Center Site Miami Dade College (Performi \[ Arts Cent American Airlines Arena lu L- Museum Park 0 100 200 400 4 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER II. REGULATING PLAN AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 5 MIAMI 21 APPENDIX D: MIAMI 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 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Diagrams and Illustrations REGULATING PLAN L - •ckN Block A�� l■ J er —= Ouse —NE 1'adi -a 1 Block B Block C • Tract A ) —1E 94aNI — a °— Block D L 1 r , 1. - - - -�-�E-3th� - - 1 Block E i Block F - M'WC Promenade - MWG Promenace - - - -i+HarSant - Block G Block H EEC Rail Easement EEC Rail Easement' a_ - - - - - f- hSte#- - 0 50' 100' 200' M OPEN SPACE PROVIDED OPEN SPACE (FORMER RIGHT OF WAY) LOCATION OF PLAZA OPEN SPACE NOTE: HE 4.000 SF AND 20A00 ST PUBLIC OPEN SPACES GENERALLY LOCATED ABOVE ILL BE'RO\DED PER DENELDPBBENT AGREEMENT AND DETAILED IN OPEN SPACE 1 ECjEIdEVT CGREEIdENT. SIGNATURETOWER Dli RRIDGF TRACT A AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 7 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER III. STREET DESIGN 8 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI 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 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 9 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Diagrams and Illustrations STREET SYSTEM street plan for the Miami Worldcenter site L 1 Streets 1 MWC Promena e Paseos 10 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER PARKING, LOADING, AND SERVICE ACCESS DIAGRAM Diagrams and Illustrations PARKING &SERVICE DIAGRAM NW 10th Street NW 8th Street SERVICE ACCESS PARKING ENTRANCE AND EXIT PARKING EGRESS ONLY +4°- For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. OL. E 1Street 9t Street E 7t Street NE 6th Street AUGUST 2O,2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 11 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1STAVENUE Illustrative Street Section NE 1ST Avenue Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Proposed Sidewalk 10' 1t Layer Proposed Street 95' Base Building Line 119' Podium Max.129' Proposed Sidewalk 10' 11 Layer treet section (looking north) � C ,ICI III C C r— I In I � � C �tl plan 119' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. J1 i key plan 12 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1STAVENUE Illustrative Street Section NE 1ST Avenue @ plaza Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Podium Max. 129 Future Development Proposed Plaza Setback 35' 49' 35' Proposed Sidewalk 10' 1 Proposed Street 95' Proposed Sidewalk I 10' r Layer (Varies) Base Building Line 1t Layer Street Corridor Tower Non -Habitable Level 9 Level 8 Level 7 Level6 Level 5 Level 4 Level3 Level2 Retail or Other Active Use 0' 5' 10' treet section (looking south) , .T. I I .it I I .'i\ I I g � C � C plan (Varies) For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. Street Corridor AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 13 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1STAVENUE Illustrative Street Section NE 1ST Avenue - NAP of the Americas Future development ImirmI Podium Max.129' Line of building beyond - 7 Tower Proposed Sidewalk 33' Proposed Street 95' Base Building Line (Varies) Street Corridor 31' Proposed Sidewalk Drop Off 10' 10' 1st Layer 2ntl Layer a 5 m street section (looking west) Imo I it =' ils . T , T. T• I I I I q ITV17. plan Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. J key plan 14•MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER N. MIAMI AVENUE Illustrative Street Section North Miami Avenue Podium Max.129' 20'-6" 1 49' 1 25'-6" (Varies) Proposed Street Proposed Sidewalk 10' I 70' 10' 1I Layer' Base Building Line 11"' Layer I 95' Street Corridor Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use tl 5' 17 1t- street section (looking north) ♦i I � Il C � C 1 11 1 1 1 q � C 1 1 plan 95' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. key plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 15 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 2ND AVENUE NE 2nd Avenue No setback from BBL required along Metromover street section (looking north) Illustrative Street Section I 11-1 I I I I yi I ii I \�irri plan 95' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. key plan P F 16 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 2ND AVENUE - ALTERNATE Illustrative Street Section NE 2nd Avenue - Alternate Tower Non -Habitable Level 9 Level 8 Level 6 Level 5 Level 3 Level 2 Level 1 Podium Max.129' F— Potential development area around Metromover ±9'-6" Proposed Sidewalk 10' ri Layer ±301 Proposed Street 85' Base Building Line 95' Street Corridor street section (looking north) 1 l 1 i 1 i I 1 plan 95' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. ey plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 17 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Height max. 70' min. 60' NE 2ND AVENUE - GATEWAY PLAZA Illustrative Street Section Refer to Appendix D - Development Standards Section 4 Roof Level 3 Level 2 Retail or Other Active Use ±157'-7' Line of development beyond. No setback from BBL required along Metromover 42'-61' Base Building Line 10' 20. street section (looking north) 15' min. clear path for pedestrian and emergency access (alignment may vary) plan For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval 1 r H key plan 18 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 6TH STREET Illustrative Street Section NE 6th Street Podium Max.129' Future Development Tower Non -Habitable Level 9 Level 8 Level 7 Level6 Level 5 Level 4 Level3 Level 2 Retail or Otlter Active Use Existing Sidewalk 33' 21' 10' Existing Street 75' Proposed Sidewalk r Layer Base Building Line 85 Street Corridor 10' 1• Layer 15' Proposed Arcade tl 5' 17 1t- street section (looking west) r _ ii,Is 1 ,,, I , ,/,‘. , I I rI Y 1 1 _ plan 85' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site Plan approval. key plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 19 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER MWC PROMENADE (FORMERLY NE NTH STREET) MWC Promenade Tower Non Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use ection (looking east) plan Podium Max.129' 10' Steptrack'l Height max. 70' min. 60' Habitable uses only 65' Height max. 70' min. 60' Pedestrian Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. Tower Non Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail a Other Active Use 15' min. clear path tor pedestrian and emergency access (alignment may vary) Illustrative Section i G I❑ 1 I L ey plan 20 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER MWC PROMENADE FORMERLY NE NTH STREET) MWC Promenade Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Podium Max. 129 Refer to Appendix D - Development Standards Section 4 Roof Podium Height max. 70' (min. 60) Bridge 50' Pedestrian Condor Retail or Other Active Use section (looking east) MM. MM. M.i. 15' min. clear path ■■. for pedestrian and I ■■. ■■ emergency access ■■. ■■. (alignment may vary) plan 50' Pedestrian Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. Illustrative Section ey plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 21 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER N E 8TH STREET Illustrative Accessway Section NE 8th Street Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Podium Max.129' LBuilding Beyond Retail or Other Active Use Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Proposed Sidewalk Proposed Street 75' Proposed Sidewalk accessway section (looking east) C C 1 i�l - C C ,i` ,' I. .1,1 1 C C C plan 75' Accessway For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. J® ey plan 22 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER N E 8TH STREET Illustrative Street Section NE 8th Street Podium Max.1291 Existing Sidewalk /Building Beyond/ Aat .ter 45' 1 15' Proposed Street 75' 10' 1t Layer' Base Building Line 85' Street Candor Proposed Sidewalk Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use 10' 1e Layer 7 5' street section (looking east) ill 1 1 ,T. 1 ,T. 1 , 1 , 1 1 1 1 plan 85' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with Its site plan approval. x-J key plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 23 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER N E 9TH STREET Illustrative Street Section NE 9th Street (Between 1st & North Miami Avenue) Existing Building (NAP) Exist. Sidewalk 10' Layer 10' Setback Podium Max.1291 Habitable uses 47'-6" Proposed Street 50' Base Building Line ±60' Street Corridor Tower Non -Habitable Level 9 Level 8 Level 7 I I 10 10 Layer 2�Layer Level 6 Level 5 Level 4 Level 3 Retail or Other Active Use 15' Proposed Arcade street section (looking west) plan ±58' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. r r L aF key plan 24 • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER N E 9TH PASEO Illustrative Street Section i section (looking west) Non -Habitable Retail or Other Active Use iiiii w ,....i .■■■I .■■■I .■■■i .■■■I .■■■i •------------..■■■I i.....■■■■■■■i.■■■i i■■■■■■■■■■■■i.■■■i i■■■■■■■■■■■■i.■■■i i■■■■■■■■■■■■i.■■■i i■■■■■■■■■■■■i.■■■i iiiiiiiii.i....l 1■■■■■■■■■■■■I,.MII plan 2Q Paseo For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. Podium Max.129 J V ey plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 25 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1OTH STREET Illustrative Street Section NE 10th Street Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use Podium Max.129' 1�S Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use 15' Sidewalk 10' I 10' 21" Layer to Layer Pro 50' 1 25' Proposed Street Sidewalk 50' 10' I 10' Base Building Line 11 Layer 2 e Layer 90' Street Corridor o 5' 1a street section (looking west) � 8 - jLI M -ii I III 1 T\ 1 1 {I111 l 1 T\ 1 C C plan 90' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. C key plan 26 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1OTH STREET Illustrative Street Section NE 10th Street Podium Max.129' Future Develo 15 1 40' Sidewalk ' Proposed Street 10' 1 50' r Layer r Base Building Line 80' Street Corridor 25' Sidewalk 10' i 10' 1s' Layerr2nd Layer Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or other Active Use a 5' in M1t street section (looking west) plan 80' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. key plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 27 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER NE 1 1TH STREET Illustrative Street Section NE 11th Street Podium Max.129' Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Retail or Other Active Use 19' Proposed Sidewalk 37' 10' Proposed Street 50' 19' Proposed Sidewalk 10' r 10' 1e Layer Base Building Line 75' 1e Layerr2'd Layer Street Corridor street section (looking east) plan ,T.5. 1 n 75' Street Corridor For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. P A key plan 28 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER FEC RAIL CORRIDOR Illustrative Street Section FEC Tower Non -Habitable Level 9 Level B Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Levels No Setback Required For Entire FEC R.O.W. 3 75' R.O.W. (VARIES) Tower Non -Habitable Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Level 1 section (looking west) plan 75' R O.W. For Illustrative purposes only. Final building and landscape design shall be in accordance with its site plan approval. J® 1 ey plan AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 29 MIAMI 21 APPENDIX D: MIAMI 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 N V 30 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 M IAM 121 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 MIAMI WORLDCENTER DEVELOPM ENT STANDARDS • 31 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER IV. BUILDING DESIGN 32 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 M IAM 121 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 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 33 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Examples ARCHITECTURAL SCALING ELEMENTS 1111 II IN A MEM II 111 IPA Lumina Building, London AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 35 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Examples BUILDING MATERIALS AND FINISHES AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 37 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 M IAM 121 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 M IAM I WORLDCENTER DEVELOPM ENT STANDARDS • 39 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER ROOFS INTENT • 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. STAN DARDS EXAM PLES A variety of vegetation, terraces, and other amenities can be used to create different rooftop spaces. 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 AUGUST 20, 2014 MIAMI 21 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 CO J O CO r L J 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 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 41 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Diagrams and Illustrations SERVICES AN D UTI LITI ES RAMP 1:12 MAX RAMP 1:12 MAX FLUSH FLUSH 1 Garage Entrance Spacing RAMP 1:12 MAX FLUSH Service Entrance Drive AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 43 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Examples LIGHTING AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 45 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Examples AWNINGS AND CANOPIES Paris i Meatpacking District, New York City Venice, Italy Arizona Center, Phoenix, AZ MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 47 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI 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 AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI 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. AUGUST 20, 2014 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 49 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Examples SIGNAGE 50 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 APPENDIX D: MIAMI 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 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • 51 MIAMI 21 APPENDIX D: MIAMI WORLDCENTER Liner and Architectural Screening Layer Examples PARKING 52 MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 MIAMI 21 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 MIAMI WORLDCENTER DEVELOPMENT STANDARDS • MIAMI 21 APPENDIX D: MIAMI 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. i 1 J 1i•••0. •• %OM• i r L • MIAMI WORLDCENTER DEVELOPMENT STANDARDS AUGUST 20, 2014 M IAM 121 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 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 LATER VARIES) ARCHITECTURAL SCREENING LAYER 0' MIN SIDE SETBACK 3RD LAYER 0 2ND LA" ER 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 Exhibit "E" Legal Description of the Property MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 38 949A Clint Moore Road Boca Raton, Florida 33487 Q‘' .74110 SURVEYING&MAPPING Certificate of Authorization No. LB7264 Tel: {561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER 1 MINIM SHEE T 19 9 2 w 36 1- SH. T 1 < N.E 8T 39 SHE ET 12 4 3 SHEET 14 42 SHEE F N E-7TH 13 N.E 6T-1 a z 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 2r1- Project Nome, MIAMIWORLDCENTER DATE, 03/11/2014 61 JOB NO. 07139 OWG BY! JSH CK'D evl JEK REV. 8-19-2014 SHEET 1 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 IEE \� 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 (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, a 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 ANGLE) L.B. = LICENSE❑ BUSINESS L.S. = LICENSED SURVEYOR O.R.B. . OEFIC[AL RECORDS BOOK P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT P.B. PLAT BOOK M.D.C.R.= MIAMI-DADE COUNTY RECORDS PG. = PAGE P.S.M. = PROFESSIONAL SURVEYOR & MAPPER R/W = RIGHT-OF-WAY JOB NO. 07139 Project Nome, MIAMI WORLDCENTER DWG BY, CCD By+ JSH JEK SCALE, N/A DATE 03/11/2014 SHEET 2 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 10.1 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 Tine 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 Tine 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 line 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, ❑long 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 line 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 JOB NO. 07139 Project Name: MIAMI WORLDCENTER DWG BY, JSH SCALEI N/A CK'D By' JEK DATE: 03/11/2014 SHEET 3 GE 15 949A Clint Moore Road Boca Raton, Florida 33487 SURVEYING&!NAPPING 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" Eost, 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 sold 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 Tine 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 Tine 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 N°met MIAMI WORLOCENTER DWG BY: JSH IscALE3 N/A SHEET 4 OF 15 949A Clint Moore Road Baca Raton, Florida 33487 nite 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 line 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 line 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: Jae NO. 07139 Protect Nome: MIAMI WORLDCENTER DWG NY, JSH SCALE, N/A CK'D ey: JEK DATE: 03/11/2014 SHEET 5 OF 15 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 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, along 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 0Y, JSH SCALE. NiA CK'D Bv, JEK DATE, 03/11/2014 SHEET 6 OF 15 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 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. MIAMI WQRLDCENTER DWG Ma JSH SCALE: N/A DATE. 03/11/2014 SHEET 7 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 110/ E SURVEYING&MAPPING Certificate of Authorization No, LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 10'- N U1 t\.l SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER 25' 1 25' '1S H104 3'N 25' 25' 25' 25' BLOC17 N. NAM AVE o CD I— 0 0 n w Cn z Q NJ c0 a c (J t� 04, O (.4 n NCJ1 ri-I Q. Z ° Cm o-r, ate- W u' NO2° 15'26"W 12.50'\ r NO2° 15'26"W 0 25.00' S87° 43'42"W 50.07' f3i z co T -.1 ()I ° 502° 15'08"E to „ 25.00' , fi`DO O ° o CA - NJ ,= Co r6 ai • • W (4 NO2° 14'32"W �' 12.50' Cjl o NO2° 14'32"W 125,12' 0o z cn 00 v 0 z co v iJ 0 O CN U1N o p QN' S02° 13'55"E 'rn 125.12' N.E. IST AVE. 502° 13'55"E — — - 37.50' N CP 25'2 25' 12 ti N it CT) O (�J a, 0 C0 JOB NO. 07139 Pro Ject Name) MIAMI WORLDCENTER DWG BY i JSH SCALE: 1"=80' CK"D By JEK DATE, 03/11/2014 SHEET 8 OF 15 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 1 1 25. N I N.E. 1ST AVE. N N cs, 25r25' v, 10' 12.5'- 'IS H101 3'N 25' 1 25' NO2° 13'55"W NO2' 13'55"W 50.00'17 _ 125.12' Tri N87° 43'42"E (n 10.00' CO . o S87° 43'42"W 50.00' S02° 14'00"E NO2° 14'05"W 10.00' w NO2° 14'10"W 125.12' c \P,o,B. 2 SW COR. LOT 14 BLOCK 19 N S02° 14'19"E`r' 10.00' 1) O rn 25' LT Q to oo o4 ow o CO 3. W 0 —10' d I� o s ru 4_ NON SIC CO co 3'co [ i( N., (72 - (It coill = l J u1 tlV) yO) o -P w(PP N 4 4 CF4 4 .N 0-? Lo /* P1 �Z NZ 'DoC �I00 CO n S02° 11'43" rn .1 89.57° oco Nz to in� t'' 01 — - —Fa -�i— N) 0 r— - - - N.E. 2ND AVE. j° Lt, a b o No -p© o 1-6 t rt°4, c_-n m N u4 B L 0 C K r6 20 S02° 14'38"E 65.00' 5' 1 25' 25'; 25' O r 0— 08 NO. 07139 Pro.'eet N°rnat MIAMI WORLDCENTER DWG BY t JSH SCALE. 1"-80' CK'D By: JEK DATE. 03/11/2014 SHEET 9 OF 15 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 N. MIAMI AVE. NO2° 16'57"W 299.98' S02° 16'03"E 149.99' co 0 Lc) Cn 0 N NO2° 14'32'W 149.99' Ln tvcri 25', 25' 6) o ° 04,I W S02° 16'21"E 8.00' 03 TH S02° 15'45"E1-t i CO 2.00' _ .. r mtH> N87° 43'41"E Q °' 50.06' 8' NO2° 15'26"W 10.00' fV 4, C.J trc't7QL2N N IDu (II r— 0 rJ 0 —0 N 0 z CO NI` m © - c 0 zc.��cs1 N, '1S H10 4 3'N 25'125' Co a S02° 13'55"E 299.97' f —_—_— rtN.E.1STAVE. 1 25'' 25' J08 NO. 07139 Project Nofne. MIAMI WORLDCENTER I DWG BY: J5H CK'❑ By: JEK SCALE: 1"-80' DATE: 03/11/2014 SHEET 10 OE 15 949A Clint Moore Road Boca Raton, Florida 33487 META SURVEYING&MAPPING Certificate of Authorization No, LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER fV U1 01 co I33HS 33S 2 CO 74 25 25 CJ7 NE. 1ST AVE. NO2° 13'55"W 299,97' Fv CC) r 0 0 0) N 0) 0) (ono 502° 14'43"E NJ, J Nn_ 77.98' 98' c - N (rl N Cn � Cn to 0) cfl oa V z CO 0o (0 w 25' 12 5' .LaN cJ) Q 0 N, 0 ° UI Q' rn QN)N - ° -P = N ra IN 25' 25' S02° 14'43"E 202.47' N.E. 2ND AVE. N z Q I u � z r tlfa •02C) 1 K 2 1m N Cn JOB NO. 07139 Prof act Name MIAMI WORLDCENTER f DWG BY. JSH cK'D By' JEK SCALE 1"=80' DATE: 03/11/2014 SHEET 11 OF 15 �-1 25' 25' cn — CO r J ° N 01 ODin 'CO Z MI 25' 125' Z� m 03 SQ2° 4'34"'E (O z 110.50' O p0 60.5' ° 01w tv W c- cn 949A Clint Moore Road Boca Raton, Florida 33487 SURVEYING&MAPPING Certificate of Authorization No. LB7264 1 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER — z_N.E.1ST AVE. NO2° 13'55"W 300.13' 0) 03 0 n C0Z 01 co ,71 W rn Sri W u, 00 S02° 14'43"E 289.59' N.E. 2ND AVE. N cn BLOCI 4 Q a dam' 1 S02° 14'43"E °cn 77.98' o c-1cn 0) JQB NO. 07139 Protect Name' MIAMI WORLDCENTER DWG BY I JSH SCALE: 1"=80 CK'D BY, JEK DATE' 03/11/2014 SHEET 12 OF 15 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 WORLUCENTER t o' N.E. 1ST AVE. NO2° 13'55"W 104.96'N) "' N020 13'55"W 300.22' 4£J i02°1.$55 CAD Z 50.00' ov 00 CO 0 -ly G? CT) 71 ® W 0 n h r 30' 451 P.) 25'I2 re) '1S H1L 3'N a CO z o ©o o� ° Q1 1 0 (11 C) CO C1 N - (4502° 14'43"E 15 Cit� $02° 14'43"E IQ 0 100.00' V .r. 2ND AVE. N) 6 O I- B L 0 C K 6 0 0) JOB NO. 07139 Project Nome MIAMI WORLDCENTER ao 00 cs, 0 ca 6-1 rrj `� B L 0 25' 0 1'2 m m rn R f-4 IN '.1H183'N 1- -oz opal Q o c- 'i 502° 14'43"E r' 140.00' N.E. 2ND AVE. rn H OCK 4 1 DWG BY JSH :1 DATE' 03/11/2014 SHEET 13 OF 15 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 WORLICENTE v 0 0 r",1 0 N. MIAE fda AVE. F.1 NO2° 16'5711VV 8Cya— N — '2 119.98' -"- -30' e0 z O ry co U 01 45' 4' OD 30' S02° 13'55"E;169. 01 U1 25' , 25' 96' NC] ° 16'Sf 'W 0 339.64 (1 0) Z V 1 co co`up V1 r— T ° ° V l9 4, 0ji Om' oCs- - pp 0 Oct! -P 0. orli O C,JIv0 o S02° 13'55"E 150.12' U1 0 ZJ r) ° :F r a?>,(o'a 25' 25' v 10'--- W Cr: 0 c) 4' int NJ I0 cD '55"E 140.-12 25' 125' N.E. 'IST AVE. U1 JOB NO. 07139 Pro' act Name: MIAMI WORLDCENTER DWG BY: JSH GK D BY: JEK DATEI 03/11/2014 SHEET 14 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 01 M F rF Q� �R SURVEYING&MAPPING Certificate of Authorization No. LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCE TER 08 NO. 07139 30'.7: 45' Du O 0 Cil N NO2° 16'57"W 119.98' N. MIAMI AVE.cri z 30'— Ltp z Co 0 (.0 S02° 15'45"E 119.97' CO Oo NO2° 14'32"W 119.97' oCfru Q 0 (0 0 z 25 2 coo 1 z Co co Go 0 'co Co(, 1-6 25'. 25' N S02" 11913.96'55'"E cn 30'`' • N.E. 1ST AVE. PraIeel- Name' MIAMI WORLOCENTER 1083 or: JSH SCALE! 1".80' co 71 25' 2 Iv r„ 01 1 01 CK D 3j, JEK DATE, 03/11/2014 SHEET 15 OF 15 Exhibit "F" Public Open Spaces Easement Agreement MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 39 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 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 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 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 Majeure 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 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 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 MIAMI WORLDCENTER HOLDINGS, LLC, a Delaware limited liability company By: PWV Group 1 Holdings, 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 , 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 7 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 , 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 8 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 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 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 , 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 11 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 , 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 12 Miami Alt, 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 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 Exhibit "A" Legal Description MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 15 949A Clint Moore Road Boca Raton, Florida 33487 Q‘' .74110 SURVEYING&MAPPING Certificate of Authorization No. LB7264 Tel: {561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER 1 MINIM SHEE T 19 9 2 w 36 1- SH. T 1 < N.E 8T 39 SHE ET 12 4 3 SHEET 14 42 SHEE F N E-7TH 13 N.E 6T-1 a z 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 2r1- Project Nome, MIAMIWORLDCENTER DATE, 03/11/2014 61 JOB NO. 07139 OWG BY! JSH CK'D evl JEK REV. 8-19-2014 SHEET 1 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 IEE \� 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 (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, a 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 ANGLE) L.B. = LICENSE❑ BUSINESS L.S. = LICENSED SURVEYOR O.R.B. . OEFIC[AL RECORDS BOOK P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT P.B. PLAT BOOK M.D.C.R.= MIAMI-DADE COUNTY RECORDS PG. = PAGE P.S.M. = PROFESSIONAL SURVEYOR & MAPPER R/W = RIGHT-OF-WAY JOB NO. 07139 Project Nome, MIAMI WORLDCENTER DWG BY, CCD By+ JSH JEK SCALE, N/A DATE 03/11/2014 SHEET 2 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 10.1 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 Tine 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 Tine 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 line 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, ❑long 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 line 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 JOB NO. 07139 Project Name: MIAMI WORLDCENTER DWG BY, JSH SCALEI N/A CK'D By' JEK DATE: 03/11/2014 SHEET 3 GE 15 949A Clint Moore Road Boca Raton, Florida 33487 SURVEYING&!NAPPING 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" Eost, 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 sold 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 Tine 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 Tine 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 N°met MIAMI WORLOCENTER DWG BY: JSH IscALE3 N/A SHEET 4 OF 15 949A Clint Moore Road Baca Raton, Florida 33487 nite 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 line 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 line 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: Jae NO. 07139 Protect Nome: MIAMI WORLDCENTER DWG NY, JSH SCALE, N/A CK'D ey: JEK DATE: 03/11/2014 SHEET 5 OF 15 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 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, along 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 0Y, JSH SCALE. NiA CK'D Bv, JEK DATE, 03/11/2014 SHEET 6 OF 15 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 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. MIAMI WQRLDCENTER DWG Ma JSH SCALE: N/A DATE. 03/11/2014 SHEET 7 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 110/ E SURVEYING&MAPPING Certificate of Authorization No, LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 10'- N U1 t\.l SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER 25' 1 25' '1S H104 3'N 25' 25' 25' 25' BLOC17 N. NAM AVE o CD I— 0 0 n w Cn z Q NJ c0 a c (J t� 04, O (.4 n NCJ1 ri-I Q. Z ° Cm o-r, ate- W u' NO2° 15'26"W 12.50'\ r NO2° 15'26"W 0 25.00' S87° 43'42"W 50.07' f3i z co T -.1 ()I ° 502° 15'08"E to „ 25.00' , fi`DO O ° o CA - NJ ,= Co r6 ai • • W (4 NO2° 14'32"W �' 12.50' Cjl o NO2° 14'32"W 125,12' 0o z cn 00 v 0 z co v iJ 0 O CN U1N o p QN' S02° 13'55"E 'rn 125.12' N.E. IST AVE. 502° 13'55"E — — - 37.50' N CP 25'2 25' 12 ti N it CT) O (�J a, 0 C0 JOB NO. 07139 Pro Ject Name) MIAMI WORLDCENTER DWG BY i JSH SCALE: 1"=80' CK"D By JEK DATE, 03/11/2014 SHEET 8 OF 15 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 1 1 25. N I N.E. 1ST AVE. N N cs, 25r25' v, 10' 12.5'- 'IS H101 3'N 25' 1 25' NO2° 13'55"W NO2' 13'55"W 50.00'17 _ 125.12' Tri N87° 43'42"E (n 10.00' CO . o S87° 43'42"W 50.00' S02° 14'00"E NO2° 14'05"W 10.00' w NO2° 14'10"W 125.12' c \P,o,B. 2 SW COR. LOT 14 BLOCK 19 N S02° 14'19"E`r' 10.00' 1) O rn 25' LT Q to oo o4 ow o CO 3. W 0 —10' d I� o s ru 4_ NON SIC CO co 3'co [ i( N., (72 - (It coill = l J u1 tlV) yO) o -P w(PP N 4 4 CF4 4 .N 0-? Lo /* P1 �Z NZ 'DoC �I00 CO n S02° 11'43" rn .1 89.57° oco Nz to in� t'' 01 — - —Fa -�i— N) 0 r— - - - N.E. 2ND AVE. j° Lt, a b o No -p© o 1-6 t rt°4, c_-n m N u4 B L 0 C K r6 20 S02° 14'38"E 65.00' 5' 1 25' 25'; 25' O r 0— 08 NO. 07139 Pro.'eet N°rnat MIAMI WORLDCENTER DWG BY t JSH SCALE. 1"-80' CK'D By: JEK DATE. 03/11/2014 SHEET 9 OF 15 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 N. MIAMI AVE. NO2° 16'57"W 299.98' S02° 16'03"E 149.99' co 0 Lc) Cn 0 N NO2° 14'32'W 149.99' Ln tvcri 25', 25' 6) o ° 04,I W S02° 16'21"E 8.00' 03 TH S02° 15'45"E1-t i CO 2.00' _ .. r mtH> N87° 43'41"E Q °' 50.06' 8' NO2° 15'26"W 10.00' fV 4, C.J trc't7QL2N N IDu (II r— 0 rJ 0 —0 N 0 z CO NI` m © - c 0 zc.��cs1 N, '1S H10 4 3'N 25'125' Co a S02° 13'55"E 299.97' f —_—_— rtN.E.1STAVE. 1 25'' 25' J08 NO. 07139 Project Nofne. MIAMI WORLDCENTER I DWG BY: J5H CK'❑ By: JEK SCALE: 1"-80' DATE: 03/11/2014 SHEET 10 OE 15 949A Clint Moore Road Boca Raton, Florida 33487 META SURVEYING&MAPPING Certificate of Authorization No, LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER fV U1 01 co I33HS 33S 2 CO 74 25 25 CJ7 NE. 1ST AVE. NO2° 13'55"W 299,97' Fv CC) r 0 0 0) N 0) 0) (ono 502° 14'43"E NJ, J Nn_ 77.98' 98' c - N (rl N Cn � Cn to 0) cfl oa V z CO 0o (0 w 25' 12 5' .LaN cJ) Q 0 N, 0 ° UI Q' rn QN)N - ° -P = N ra IN 25' 25' S02° 14'43"E 202.47' N.E. 2ND AVE. N z Q I u � z r tlfa •02C) 1 K 2 1m N Cn JOB NO. 07139 Prof act Name MIAMI WORLDCENTER f DWG BY. JSH cK'D By' JEK SCALE 1"=80' DATE: 03/11/2014 SHEET 11 OF 15 �-1 25' 25' cn — CO r J ° N 01 ODin 'CO Z MI 25' 125' Z� m 03 SQ2° 4'34"'E (O z 110.50' O p0 60.5' ° 01w tv W c- cn 949A Clint Moore Road Boca Raton, Florida 33487 SURVEYING&MAPPING Certificate of Authorization No. LB7264 1 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCENTER — z_N.E.1ST AVE. NO2° 13'55"W 300.13' 0) 03 0 n C0Z 01 co ,71 W rn Sri W u, 00 S02° 14'43"E 289.59' N.E. 2ND AVE. N cn BLOCI 4 Q a dam' 1 S02° 14'43"E °cn 77.98' o c-1cn 0) JQB NO. 07139 Protect Name' MIAMI WORLDCENTER DWG BY I JSH SCALE: 1"=80 CK'D BY, JEK DATE' 03/11/2014 SHEET 12 OF 15 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 WORLUCENTER t o' N.E. 1ST AVE. NO2° 13'55"W 104.96'N) "' N020 13'55"W 300.22' 4£J i02°1.$55 CAD Z 50.00' ov 00 CO 0 -ly G? CT) 71 ® W 0 n h r 30' 451 P.) 25'I2 re) '1S H1L 3'N a CO z o ©o o� ° Q1 1 0 (11 C) CO C1 N - (4502° 14'43"E 15 Cit� $02° 14'43"E IQ 0 100.00' V .r. 2ND AVE. N) 6 O I- B L 0 C K 6 0 0) JOB NO. 07139 Project Nome MIAMI WORLDCENTER ao 00 cs, 0 ca 6-1 rrj `� B L 0 25' 0 1'2 m m rn R f-4 IN '.1H183'N 1- -oz opal Q o c- 'i 502° 14'43"E r' 140.00' N.E. 2ND AVE. rn H OCK 4 1 DWG BY JSH :1 DATE' 03/11/2014 SHEET 13 OF 15 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 WORLICENTE v 0 0 r",1 0 N. MIAE fda AVE. F.1 NO2° 16'5711VV 8Cya— N — '2 119.98' -"- -30' e0 z O ry co U 01 45' 4' OD 30' S02° 13'55"E;169. 01 U1 25' , 25' 96' NC] ° 16'Sf 'W 0 339.64 (1 0) Z V 1 co co`up V1 r— T ° ° V l9 4, 0ji Om' oCs- - pp 0 Oct! -P 0. orli O C,JIv0 o S02° 13'55"E 150.12' U1 0 ZJ r) ° :F r a?>,(o'a 25' 25' v 10'--- W Cr: 0 c) 4' int NJ I0 cD '55"E 140.-12 25' 125' N.E. 'IST AVE. U1 JOB NO. 07139 Pro' act Name: MIAMI WORLDCENTER DWG BY: JSH GK D BY: JEK DATEI 03/11/2014 SHEET 14 OF 15 949A Clint Moore Road Boca Raton, Florida 33487 01 M F rF Q� �R SURVEYING&MAPPING Certificate of Authorization No. LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) MIAMI WORLDCE TER 08 NO. 07139 30'.7: 45' Du O 0 Cil N NO2° 16'57"W 119.98' N. MIAMI AVE.cri z 30'— Ltp z Co 0 (.0 S02° 15'45"E 119.97' CO Oo NO2° 14'32"W 119.97' oCfru Q 0 (0 0 z 25 2 coo 1 z Co co Go 0 'co Co(, 1-6 25'. 25' N S02" 11913.96'55'"E cn 30'`' • N.E. 1ST AVE. PraIeel- Name' MIAMI WORLOCENTER 1083 or: JSH SCALE! 1".80' co 71 25' 2 Iv r„ 01 1 01 CK D 3j, JEK DATE, 03/11/2014 SHEET 15 OF 15 Exhibit "B" Open Spaces Plan MWC Amended and Restated Development Agreement City Commission — First Reading — February 12, 2015 Page 16 For illustrative purposes only 4o(' MIAMI WORLD CENTER December 16, 2014 For illustrative purposes only `)o` MIAMI WORLD CENTER 'y'‘ December 16, 2014 South Park ArchMn of Record JPRA Architects Design Architect Car.eB&M ELKUS 1 MANFREDI Kimlevn»Horn ARCHITECTS eA& -* A,.unae,,,ec See A &MEET BOSTON MASSACHOSETS B]e!e ze'wo MIAMI WORLDCENTER PHASE ONE Miami, Florida NE 9TH STREET The Forbes Company The Taubman Company SwnN..M NI &V. Ileac Numb, YA 2., ran r,,,e TAu. sw0410 TOWER 2 Viand By &N, iKii,i1 Taw.&. •em, eoe Rne.e co NE 10TH STREET SHEET TITLE SHEET No. VLLUSTRATIVE PLAN GW: 01132015 O{W.: .AS NOTE!) L1.01 04chitati of Record JPRA Architects rovl. MAN 1.9-1 Fame,. IV, N11.1, DesignAtchitsa ELKUS I MANFREDI ARI,OTECTS mnmNumwma,mmo 811,126,900 Corsua. Kimley,Hom Inv .11sLotkat 5111/k 305.67,..s Holuccrom MIAMI WORLDCENTER PHASE ONE Miami, Florida Ownsr The Forbes Company The Taubman Company SOW BY 4[0114i1.1114.PLA PLOWDA SHEETTME ILLUSTRATIVE PLAN Date: 111-1201 so_ AS NOTED Repo: POI.M SHEET NO IL1.02 Antldlen al %wad Dnign kcNscl JPRA Architects ig.n1.111rA Is...I., NI., VA. Way lg. Fanempns NI1.111 2.717.01.i ELKUS I MANFREDI Mir).TEr xagtEriloot 4,001.47441,11e SOO SWEET DO:MN !MASSACHUSETTS 01210 611,26 IAD Kimle0Hom eaa. 8.0 I 00/4110.K. SWF 400 IMAM 1.101000 11141 405,11 .14 WWW.101..0 MORKL.M. M IAM I WORLDCENTER The Forbes Company The Taubman Company PHASE ONE Miami, Florida I.E. Long hu,, Ilicumfid.111141,M1.0.4 LiK,Miao SIEET TIRE ILLUSTRATIVE PLAN oste. 5lOOli Project. 1401.01 As Nano 311N3AV GNZ 3N SM,EET No. L1.05 777 Nala®a of Rww.d JPRA Architects NE 8TH STREET PECIMEN TREE ENTSTEPS OVER CAFE RAISED* LAWN INTERACTIVE 4 WATER FEATURE • AIM PEDESTRIAN PROMENADE • Das,,arnsx1 ELKUS I MANFREDI N c$-.ltcrs MIA SWIM I-,.maywl W..,IIu._,I ar 1p eOSrO.IW$SACS)$ETTScam . N.TMMI 1317.42e,9W Kimley*Horn a) MIAMI WORLDCENTER The Forbes Company The Taubman Company PHASE ONE Miami, Florida T. Mail. Nl a tm ISwreIkW MI, GEORGE ,iciini nuwu11 • 717 1, SHEET TITLE MAIN PARK ILLUSTRATIVE PLAN Deb- 01?3.2015 Scr.n: \S NOTED s. _ET m, L.08 MNNat of REO,d JPRA Architects Suite lm 111,0119,01111.03.0.101010 N!aunw Deagn Mcnlwa ELKUS I MANFREDI ARCHITECTS WO AMER, ROSTONIVSSMCHUEETTE OSIO ARAM TWA COrsupent Kimley»)Horn ittum-liong IMAM. 00010.1, Ail At 005.60.0.05. MIAMI WORLDCENTER The Forbes Company The Taubman Company PHASE ONE Miami, Florida I Eau Long vn ORM.I I,E. Ni ASa Soma Sy a•lp. IIICiRSxT.vv9M01 11/1013 SIRE r lull2 SI:_ET Hu. NORTH PARK ILLUSTRATIVE PLAN Date: 01 11.2011 Proiaa1 1401 r�l Soe, AS NOTED L .09 A.00S.01010000.0 Daagn Arch W JPRA Architects PROPOSED LAWN SCULPTURES ARE SHOWN AS PLACEHOLDERS AND WILL BE DISCUSSED FURTHER WITH THE CITY L3.01 PLANT SCHEDULE O�P. em;eu.w L l 0. mmw..e."u.'"`.....m w..aw.r+..or nm. 1.y...a..n..1wx.e M.. IsoManimmn.M. Quo. +.1r.r....nM.u. ■ LI 00•1:1.1,91 ie �rEiir ro..srsra.Tea LAMM Mild. , Reno" Wan. ..... MM. -NM CMISYME AT /V .....r. oG ,.� am CUM mdffarliMmiecrm. wap..sra.r22eai0ra�ranPate Isram,..M.4 LAWN UM a' ELKUS I MANFREDI KimlerHorn ARCHTE,S A,OciAlft. IN< 1.01.001.4 squ. 11 ,MI 0P?. S.r. M. VOA SWEET Ia.6092011010050010J5E705000,0 MIAMI WORLDCENTER PHASE ONE Miami, Florida NE'10THS i Ktt l 0 C) BIKE SHARE STATION CTYP.D The Forbes Company The Taubman Company `1.ik,u M. AV amM.M. WI w., Mom \wA. b.l Eat 4q Laic,. IW.Y.M111 M. MI MPH L•M.m 080.0 ay MUMS!MAMA MINK • 01,110011 1 TOWER 2 St - ET ETU LANDSCAPE PLAN Wla. 05 i;. 2015 PIOIM: 1401001 0)000_ .4S-NOTED L3.01 muss KEY MAP Alth'.act al Raved Dnpn NCMHG JPRA Architects ELKUS I MANFREDI ARCHITECTS 3 m.:. NY i �vmwa ....aka a00 AIMEE, a Sro. AASSACIcsERS MAID L3.02 PLANT SCHEDULE O 0 �1► Aregallam PEDESTRIAN PROMENADE KimleyoHorn MIAMI WORLDCENTER PHASE ONE Miami, Florida Owns. The Forbes Company my. ..-9 0 0 0 The Taubman Company Na Ara Lan. _Jn _w.nwv A,. Mt WetV� 4-1 AYa3 RNA' Areis.p.pal0 . mime_ AIMS BOW BY 717 VEHICULAR DROP-OFF PROPOSED LAWN SCULPTURES ARE SHOWN AS PLACEHOLDERS AND WILL BE DISCUSSED FURTHER WITH THE CITY SHEET nn. SHEET No. LANDSCAPE PLAN 080.: i1 11:`::15 Sep.: AS NOTED PRO. Ii01rt01 L3.02 Exhibit "C" Regulating Plan City Commission — First Reading — February 12, 2015 Page 17 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. 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 connectedne to encourage improving pedestrian connectivity and encouraging walkability, multi -modal mass a+Rd 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. la. 2. Maintaining the future growth of downtown infill redevelopment ensuring Miami's focus for the region's economic, civic, and cultural activities. s, 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, 4 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 Gbuildings and landscaping that contribute to the physical definition of Thoroughfares as civic places. f, 6 n specific area within an existing District that incl, Arles 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 cmbcllishco promotes a pedestrian and transit friendly public and private realm of the highest quality. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 affectsing the height, mass bulk, 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 rig ht-of-way. 16.12.3.2 Section 3(b) Considerati-ensin 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 Mauer 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 reference (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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 allowablc floor ar within the projcct may be allocated by the owner to individual building sites I Inconctrained by +he FAR for an„ individbgal cite 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 under the land development regulations for the Miami Worldcenter area, sF flap the adjacent areas, and the Miami Comprehensive Neighborhood Plan. allocatcs FAR sSufficient FLR must be allocated to build structures-t-G a minimum of two stories on all parcels within the project except sOpen &Space and Civic Space sites, and pr^„ides all cn_�a Miami Worldcenter area reguirementc including open space, civic space, and parking. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 1612 A 1 Maier l lse Special Permit 11000, when property within the SD 16.3 Miami Worldccntcr ar a containing nine or morc Major Use Special Permit within the project is required for: (1) non residential or lodging uses in hotel and related office b, aiding with a mix of retail and office i ices excee •!c two million cguare 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 the 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. bey n yterr ate on. tting properties in`+l properties—acroccc sstreet or alley. Arcade: A covered pedestrian outdoor space along 414e 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 Table 3 and in the Regulating Plan and Design Standards. Balcony: An unenclosed habitable structure cantilevered from or inset within a facade or elevation. 8-1-es e aggregate of ate s ssagcc, rear lanes and Allcyc, the perimeter of which abuts Thoroughfares. Building Configuration: The form of a Building, based on its massing, relationship to Frontages and let lines an`•! height , Building Di,pesition: The placement of a Building on its lot. Building Use: The uses accommodated by a Building and lot. City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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. n-f-r -T-o pl relement along a Frontage as i"rn esenfronnte theet." Entrance, principal: The TTmTain point of acce,,s 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 t#e 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 involves human presence with dircct vicw of the enfronting strcctc or public or private opcn space, excluding parking garages, pelf City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 Lino 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 sSpace: 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 a-n4 set aside, dedicated, or otherwise designated or reserved for public use or enjoyment, or private use or enjoyment or—fert-las—use and enjoyment of by the owners and occupants of land adjoining or neighboring such open spaces. Open Space includes the ground floor level of Galleriec /Arcade and covered and uncovered paceoc o Parking Garage or Parking Structure: A structure containing vehicular parking, including robotic and/or mechanical parking systems. City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Paseo: An access way public open cpaco restricted limited to pedestrian use and limited controlled vehicular access that connectings streets, plazas, alleys, garages and other public use spaces. Paseos must have a minimum width of 201feet 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 cctablichcs thc major part of thc public realm. The fo,r cars nd ci ewalkc or Panic f pedectr mac) as well as the amenities of the Frontages (street trees and plantings, benches, streetlights, paving, street furniture, City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage Build to -lino, 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 Deign 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 -Line Base Building Line, as shown in the Deign 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, and cidewalkc or pathc For pedectrianc as part Gf an interconnected network 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. Underground Parking: Parking in which the ceiling or roof of the top level does not rise above 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 nnay approve, pursuant to a Class II Special Permi+ a transi+inn sn that the prnpnced building location matches or provides a transition to the adjacent building location. 16.12.7 Section 7 MEASUREMENT OF HEIGHT City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 IovaIs 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 ar-e contain retail uses, their total the maximum combined la -Height shall be limited to 3g 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 59 60 feet and the ground floor and second floor shall be a maximum of 3‘9 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 la -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 la -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 #Floor aArea of the floor plate 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 }t 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 gee# 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.'1, there shall be no #Height or coverage limits for (1) non-functional decorative architectural elements, and (2) solar or wind energy collectors. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 16 4 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. 16.12.8 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. 16.12.8.1 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 sStories, Facades shall be along the Frontage a minimum of seventy percent (70%) of its length on addressing the Build to -Lino Setback Line as shown in Table 3 and-4 the Design Development Standards. 16.12.8.6 Section 8(f) At the first Story, Facades along a Frontage Build to —Line shall have frequent doors and windows as provided in the Deign 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(g) 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 Line Base Building Line may be adjusted to conform to an existing adjacent building location by Clams 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 is-Lin-c Base Building Line shall not be required for a Frontage facing a Pedestrian Promenade, Plaza Civic Space, or a Street Corridor -9&70 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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 placement Setback of only 10 feet on all frontages. 16.12.8.8 Section 8(h) Above the eighth 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 Clan II Special Permit Warrant. Aeve-the-eig„th fl�-the-Sec Layer, at-a-Setba the 0 additional Setback from the Build -to Line to accommodate depth of swimming pools, FAR ar o 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 eighth 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 +e 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, ti�C�r'i i of Miami m ded erlap tide whole idth of 4he Sidewaik t. ithin tw (2) r S-arrrel�cr T�avi�-rm�rcrn�rcrcwcm�cv�Fcrnrr City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 la -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, Sections 616/I 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, College/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. ai Intensities shall conform to Tablc 3 incorporated herein by reference 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 building that is entirely below the elevation of the sidewalk, to balconies or terraces, or to same store retail uses that have a ground floor with ec+r-access to thhesidewalk and street Frontages. 16.12.11 Section 11 PARKING STANDARDS City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 y 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. 16.12.11.1 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 ILayer per Sec. 12(d) 16.12.12/1 below, (2) a Liner Building or, (3) a Streetscreen, as illustrated in the Deign 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 i i-s 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(q) The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than 45 feet a the minimum distance between vehicular entrances shall be sixty (60) feet. A ten percent (10%) deviation may be approved by Class II Special Permit. City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 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 Article 9 Chapter 62 of the City Code. 16.12.12.2 Section 12(b) The Facades on Retail Frontages 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 i 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 inside& stated herein. Display Windows are areas of ctorcfront glazing that arc dccigncd 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. 46.'' 74 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 wherever pos-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 Deign Development Standards. 16.12.13.2 Section 13(b) Public sOpen &Space shall be a minimum ten percent f 10%1 of the total gros Net- Lot -a Area. A minimum of ten percent 110%1 of the public open space shall be landscaped, as provided in the Deign 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 City of Miami File Id: 08-01015ztl (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 Standards, and consistent with the intent of Article 10, Table 15 of the Zoning Ordinance, as applicable to T6-O muct be approver! by (`lace II permit Warrant either for an individ al cign 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 sOpen &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 €-AR 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 fib percent (79 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 Ordinance 11000 ac amended rn , 16.12.17.2 Affordable/VVorkforce Housing A developer may acquire bonus floor area up to a maximum of 25% of the total FAR capacity by contributing to the Affordable Housing Trust Fund, or by providing onsite AffordablciWorkforcc 16.12.17.2.1 Trust Fund Contributions A developer may acquire one additional square foot of buildable space for each nonrefundable the time of building permit application) to the Affordable Housing Trust Fund administered by the 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 Wept 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, the development shall be allowed two square feet of additional buildable space. 16.12.17.3 Public Open space City of Miami File Id: 08-01015zt1 (Version: 3) Printed On: 9/18/2014 File Number: 08-01015zt1 For every square foot of public open space that a projcct provides onsitc in exco c of the required amount of public open space, thc development shall--be—atl ed 29 s the development capacity of the land provided. The open spy be a courtyarrd, plaza,or Table 2, or part of the Streetscape, per the Design Standards. 16.12.17.1 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 certification. Additional incrcmcnts of FAR capacity provided under 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 certification is adopted by thc City a, the minimum standard niith a 2% increase in floor area to go from silver to a geld prevents in the 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 certification has net been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the building. Funds that become 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 „—any sectio rt of section paragraph clause phrase „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 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: 08-01015zt1 (Version: 3) Printed On: 9/18/2014