HomeMy WebLinkAboutExhibitPUBLIC BENEFITS AGREEMENT FOR FIRE STATION
THIS PUBLIC BENEFITS AGREEMENT FOR FIRE STATION (the "Agreement") is
entered into as of this day of April , 2016, by and between BRICKELL CITY
CENTRE PROJECT LLC, a Florida limited liability company, not individually but as Trustee
under that certain Land Trust Agreement dated as of July 10, 2012, as modified, amended,
restated and supplemented from time to time, and known as Land Trust No. BCC-2012 ("Swire"
or "Developer"), and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political
subdivision of the State of Florida ("City") (Swire and the City together are referred to herein as
the "Parties") or "parties".
RECITALS:
WHEREAS, the Developer has paid $577,848.61 in City fire impact fees associatedwith
the first Phase of Brickell City Centre;
WHEREAS, the City has attempted to secure a location within the vicinity of the Project
for the construction of a new fire station to meet the City's need to service the continued growth
generated within its' jurisdictional boundaries; and
WHEREAS, the Developer has agreed to construct a Fire Station within the Project and
to lease the Fire Station to the Fire Department, subject to the terms and conditions set forth in
this Agreement; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Developer and City agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference. All exhibits to the Agreement are hereby deemed a part hereof.
Section 2. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both Parties and
thus adequate consideration for this Agreement.
Section 3. Definitions. Capitalized terms which are defined herein (including the Recitals to
this Agreement) shall have the meaning set forth below, and capitalized terms not specifically
defined herein shall have the meaning given in the City's Zoning Code, Miami 21.
"Agreement" means this Public Benefits Agreement for Fire Station between the City
and Developer.
"Brickell City Centre Development Agreement" means that certain "Second Amended
and Restated Development Agreement between the City of Miami, Florida and Brickell
City Centre Project LLC and 700 Brickell City Centre LLC, regarding Development of
the Brickell City Centre Project" approved by the City of Miami Commission on March
27, 2014 and recorded at ORB: 29314, PG: 825-851.
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"Brickell City Centre Special Area Plan" means that certain Special Area Plan
designation approved for Brickell City Centre by the City of Miami Commission on
March 27, 2014, and including specifically the Regulating Plan, Design Guidelines and
the Brickell City Centre Development Agreement.
"City" means the City of Miami, a municipal corporation and a political subdivision of
the State of Florida, and all departments, agencies, and instrumentalities subject to the
jurisdiction thereof.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"Collective Ownership Structure" has the meaning set forth in Section 13 below.
"Developer" means the personor entities undertaking the development of the Project,
defined in the preamble to this Agreement as Brickell City Centre Project LLC, a Florida
limited liability company, as Trustee under that certain Land Trust Agreement dated as of
July 10, 2012, as modified, amended, restated and supplemented from time to time, and
known as Land Trust No. BCC-2012, its successors and assigns.
"Effective Date" is the date of recordation of the executed version of this Agreement:
"Existing Zoning" has the meaning set forth in the Brickell City Centre Development
Agreement, which is incorporated by reference herein.
"Fire Department" shall mean the City of Miami Fire Department.
"Fire Station" shall mean a separately metered shell space, exclusive of interior build -
out and finishes, for a 6,500 square foot fire station within the Project, for the exclusive
use of the Fire Department. The Fire Station includes four (4) reserved, assigned and
dedicated parking spaces, and four (4) unreserved parking spaces.
"Impact Fees" shall mean a fee imposed by any local government or agency based upon
the new development's proportionate share of the average cost of new development
including impact fees imposed by Miami -Dade County, the City of Miami and the
Miami -Dade County Public Schools System. The Fire -rescue impact fee schedule ("Fire
- Rescue Impact Fee") set forth in Sec. 13-10, City Code is one of the various
components of the "City of Miami development impact fee ordinance." Chapter 13,
Article 1, City Code.
"Project" shall mean that portion of Brickell City Centre located between SE 5th Street
and SE 6th Street and between South Miami Avenue and SE 1st Avenue, referred to as the
N2 block of Brickell City Centre as approved by the City of Miami Commission on
March 28, 2013.
"TCO" shall mean a Temporary Certificate of Occupancy.
Section 4. Intent. It is the intent of the Developer and the City that this Agreement shall be
construed and implemented as an Agreement entered into in furtherance of the Brickell City
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Centre Development Agreement. Further, it is the intent of the Parties that the Developer will
construct the Fire Station in conjunction with the Developer's development and construction of
the Project, and that the City shall be responsible for all interior build -out and finishes within the
Fire Station.
Section 5. Term of Agreement, Effective Date, and Binding Effect. This Agreement shall
become effective on the Effective Date and shall constitute a covenant running with the land that
shall burden the Property, and be binding upon, and inure to the benefit of the Parties, and their
respective successors and assigns. This Agreementshall terminate (automatically and without
further action of the Parties) upon execution of the Lease Agreement specified in Section 9
herein. The term of this Agreement may be extended only by mutual written consent of the
Parties subject to approval at a public hearing by the Miami City Commission, pursuant to
Section 163.3225, Florida Statutes. This Agreement shall be recorded by the Developer in the
Public Records of Miami — Dade County, Florida within thirty (30) days of its execution. The
Developer shall promptly provide the City Manager and City Clerk with certified copies of the
recorded Agreement.
Section 6. Fire Station Development Entitlements. The City shall have the sole
responsibility to take all necessary actions required to permit development of the Fire Station at
the Property, including specifically applying for a Special Area Plan Petinit to modify the ground
floor configuration of the Project ("Fire Station Approvals"). The Developer shall be
responsible for payment of any building permit, Special Area Plan Permit, site planapproval,
and impact fees related to the Fire Station; however, the Developer shall not be responsible for
payment of other application fees associated with the Fire Station Approvals. All Fire Station
approvals are subject to the processes required by state and local laws, including the Brickell
City Centre Special Area Plan and the Miami 21 Code. Nothing in this Agreement shall be
construed as a waiver of the City's police power with regard to the Fire Station Approvals.
Section 7. Modifications to Include Fire Station. The Parties agree that any modifications
required to the Project and/or any other development orders required in order to permit the
development of the Fire Station will be reviewed pursuant to the Existing Zoning. Further pore,
the City will act as the applicant or co -applicant with the Developer for the Fire Station
Approvals.
Section 8. Fire Station. The City and Developer agree that the Developer will construct the
Fire Station as part of the Project and that the City shall be responsible for all interior build -out
and finishes within the Fire Station. The location of the Property is described on attached
Exhibit A. Subject to the foregoing, the Parties agree that the Fire Station will be completed in
substantial compliance with all of the following:
(i)
Fire Station Development Plan. The Fire Station shall be constructed in
substantial conformance with: (1) the conceptual development plans attached as
Exhibit B, or as otherwise mutually agreed to by the Parties. The Fire Station
shall be connected to the generator for the Project.
(ii) Proposed Plan Changes to the Fire Station Development Plan. Any material
changes, modifications, amendments or substitutions to: (a) increase the gross
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floor area of the Fire Station beyond 6,500 sq. ft.; or (b) increase the number of
parking spaces in excess of the required four (4) reserved, assigned and dedicated
parking spaces, and four (4) unreserved parking spaces; or (c) which substantially
modify the development plans for. the Fire Station, provided in Exhibit B, shall be
accomplished via a change order approved by the City Manager and the
Developer (collectively, the "Proposed Plan Change"). Design changes required
for compliance with Existing Zoning and Florida Building Code standards shall
not constitute Proposed Plan Changes. The Parties shall review and approve any
and all Proposed Plan Change(s) to determine the effect of the Proposed Plan
Change upon the Fire Station, including the construction budget and construction
schedule. The City shall be solely responsible for payment to the Developer of
any increases to the costs of construction for the Fire Station that result from any
Proposed Plan Changes expressly requested by the City after the Design
Development Documents have been reviewed and approved by the parties. The
amount due by the City in connection with any Proposed Plan Changes shall not
exceed the total actual costs charged to the Developer by the general contractor.
(iii) Construction. Upon the issuance of the applicable development and building
permits for the Project, the Developer shall promptly proceed with the
construction of the Fire Station and shall use its reasonable best efforts to
complete construction of the facility in a timely manner. A Temporary Certificate
of Occupancy ("TCO") for the Project shall not be issued prior to the issuance of
a TCO for the Fire Station. Construction shall comply with all applicable
Building, Zoning, City and County codes, and other applicable laws, rules and
regulations.
(iv) Costs. The Developer shall construct the Fire Station at its sole cost and expense,
and the City shall construct the interior finishes and interior build -out at its sole
cost and expense.
(v) Floor Area Limitation. The Fire Station's building Floor Area shall be 6,500
gross square feet, inclusive of mechanical and common areas. The Fire Station's
building shall remain at this building square footage throughout the Fire Station
Lease Agreement.
(vi) Design and Review Process. All plans and applications related to the Fire Station
are subject to review and approval by the City for compliance with this
Agreement and all other applicable laws, regulations and ordinances.
(vii) Fire Station Permitting Fees. The Developer shall be solely responsible for any
building permit, Special Area Plan Permit, site plan approvals, and impact fees
required for the development of the Fire Station. The City shall be responsible for
all other permitting, municipal or governmental fees related to construction of the
interior finishes and interior build -out, and occupancy of the Fire Station.
(viii) Water and Sewer Connection Charges and Utilities. The Developer at its sole
cost and expense shall (a) pay all water and sewer connection charges and (b)
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(iv)
provide and construct all water and sewer infrastructure required to support the
Project and the Fire Station.
Cooperation; Expedited Permitting; and Time is of the Essence. The Parties agree
to cooperate with each other to the full extent practicable pursuant to the terms
and conditions of this Agreement. The Parties agree that time is of the essence in
all aspects of their respective and mutual responsibilities pursuant to this
Agreement. The City shall use its best efforts to expedite the permitting and
approval process in an effort to assist Swire in achieving its development and
construction milestones, including substantial completion of the Fire Station no
later than by substantial completion of the ground floor component of the N2
phase of Development.
a. Notwithstanding the foregoing, the City shall not be obligated to issue any
permit to the extent Swire does not comply with the applicable
requirements of the Existing Zoning, the Comprehensive Plan, this
Agreement, applicable building codes, and any other statute, ordinance,
rule, or regulation.
(x) Indemnity; Insurance. The Developer shall, at its own cost and expense,
Indemnify, Hold Harmless, and defend the City, its officials and employees from
all actions, claims, losses, liabilities, suits, costs, damages or fees arising out of its
construction of the Fire Station including without limitation personal injury,
property loss or damage, contract, construction, actions for design defects, labor,
materials, supplies, and/or statutory actions through administrative, trial and
appellate stages. The Developer shall maintain adequate coverage in terms of
general liability and excess umbrella, affording coverage on a primary and non-
contributory basis, insuring against all applicable exposures arising out of a bodily
injury, death, or property damage claims resulting from, or in connection with this
agreement. Such policies shall be endorsed to list the City as an additional
insured. The Developer shall further require any and all contractors to maintain
adequate coverage during the construction phase of this project.
Section 9. Fire Station Lease Agreement. The Developer will retain ownership of the Fire
Station but shall grant the Fire Department an exclusive, non -assignable leasehold interest
("Lease Agreement") for the use and occupation of the Fire Station at the Property. Prior to
issuance of a TCO for the Fire Station, the Developer and the Fire Department shall enter into a
Lease Agreement to assign their respective responsibilities and obligations for the use and
occupation of the Fire Station. The Lease Agreement shall be executed substantially in
accordance with the following terms:
(a) Rate. The Lease Agreement shall include an annual rental rate equal to the Fire
Station's proportional share of the Project's common area maintenance, which
shall be capped in the Lease Agreement at $2 per square foot per year, plus 1.5%
increase per year for the term of the Lease Agreement.
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(b) Occupancy. The Fire Department will be permitted to take possession of the Fire
Station premises upon issuance of a TCO by the City and pursuant to the
execution of the Lease Agreement by all the Parties to the agreement.
(c) Term and Reverter. The Lease Agreement shall be for an initial term of fifty (50)
years. The Lease Agreement shall provide that the Fire Station shall immediately
and automatically revert to the Developer in the event that the Fire Department
ceases to use the leased premises as a fire station.
(d) Nuisance. As detailed in Section 316.271, Florida Statutes, Fire Department
service vehicles' sirens, whistles or bells "shall not be used except when the
vehicle is operated in response to an emergency call, in which event the driver of
the vehicle shall sound the siren, whistle, or bell when reasonably necessary to
warn pedestrians and other drivers of the approach thereof." If the Fire
Department service vehicles are not responding to an emergency call or warning
pedestrians or other drivers, then the use of sirens will be prohibited in order to
avoid any disturbance and nuisance to residents and neighbors. The Fire
Department shall adopt and enforce policies that minimize the noise caused by, or
at the Fire Station.
(e)
(f)
(g)
Parking. The Lease Agreement shall dedicate four (4) reserved, assigned and
dedicated parking spaces, and four (4) unreserved parking spaces within the
parking garage structure of the Project for the use of the Fire Station.
Utilities and Operating Expenses. The City shall be responsible for expenses
directly serving and solely attributable to the Fire Station including but not limited
to utility expenses such as electricity, cable, water and sewer service, and
operational expenses including but not limited to maintenance costs. The
Developer shall be responsible for installation of separate meters and/or
connections for electrical, cable, water and sewer utilities to service the Fire
Station. The cost of other services such as solid waste removal and any costs of
shared facilities within the Project allocable to the Fire Station will be reflected in
the annual rental rate paid by the City or includedin the expenses passed through
to the City under the Lease Agreement.
Taxes. The Fire Department's use of the Fire Station is solely for the specific,
exclusive municipal public purpose and essential public service of providing a
Fire -Rescue Station and is not subject to ad valorem taxation. In order to assist
the City secure the property tax exemption, the Developer shall create a separate
tax folio and a separate address for the Fire Station, and parking for the Fire
Station, as appropriate. In the event the County Property Appraiser assesses ad -
valorem taxes against the Fire Station, the Developer will cooperate with the
City's efforts to ensure that no taxes are assessed against the Fire Station, at no
expense to Developer. Notwithstanding anything provided in this Agreement, in
no event shall the Developer and its' successors, transferees and/or assigns be
responsible for payment of any taxes assessed for the Fire Station only, once the
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City has taken possession of the Fire Station through the Lease Agreement, it
being agreed that the City shall be solely responsible for same.
Section 10. Construction Timeframe. Construction of the Project and Fire Station shall
commence within six (6) months from the date of the issuance of the Master Building Permit for
the Project or Fire Station, if issued separately then whichever permit is issued later, by the City.
Construction as defined in this Section shall include any clearing or other similar site preparation
work on. the Property. Construction must be completed within thirty-six (36) months from the
issuance of the final Master Building Permit for the Project and the Fire Station, respectively.
Section 11. Consistency with City of Miami Laws and Regulations. The City intends to
undertake such legislative and administrative actions that will find and declare that the Project
and Fire Station contemplated in this Agreement comply with the laws, ordinances, regulations
and policies of the City of Miami, and is consistent with State Constitution and Statutes, the
Florida Building Code, the American With Disabilities Act ("ADA"), and the Existing Zoning.
Section 12. Necessity of Complying with Local Regulations Relative to Development
Permits. Developer and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve
Developer of the necessity to comply with the regulation governing said permitting
requirements, conditions, fees, terms, licenses, or restrictions as long as compliance with said
regulation and requirements do not require the Developer to develop the Property in a manner
inconsistent with laws of the City of Miami in existence as of the Effective Date.
Section 13. Collective Ownership Structure. The Developer's right to convert andsubmit
the overall Project or portions thereof, including the Fire Station, to a condominium form of
ownership or another collective ownership structure (a "Collective Ownership Structure") at any
time is expressly reserved under this Agreement and shall be expressly reserved under the Lease
Agreement. The City hereby expressly agrees and grants its' prospective consent to permit the
conversion and submission of the Project or portions thereof, including the Fire Station, to a
Collective Ownership Structure, whether before or after the effective date of the Lease
Agreement. The declaration and/or instruments governing any Collective Ownership Structure
that includes the Fire Station shall contain appropriate disclosures regarding the location of the
Fire Station in the Project and intended operations therefrom consistent with. the Lease
Agreement (and, if the Collective Ownership Structure is established before the effective date of
the Lease Agreement, this Agreement). The Fire Station shall not be subject to any assessments
by the condominium association.
Section 14. Good Faith; Further Assurances. The parties to the Agreement have negotiated
in good faith. It is the intent and agreement of the parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations under
this Agreement in order to secure to themselves the mutual benefits created under this
Agreement. The parties shall execute such further documents as may be reasonably necessary to
effectuate the provisions of this Agreement provided that the foregoing shall in no way be
deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the
City when acting in a quasi-judicial capacity.
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Section 15. Notices. Any notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier service (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in postage prepaid envelope and addresses as follows:
If to the City at:
With a copy to:
If to the Developer at:
With a copy to:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Attorney
City of Miami
444 SW 2nd. Avenue, Suite 945
Miami, Florida 33130
BRICKELL CITY CENTRE PROJECT, LLC
501 Brickell Key Drive, Suite 600
Miami, Florida 33131
T. Spencer Crowley III
Akerman LLP I Three Brickell City Centre 198 Southeast
Seventh Street I Miaini, FL 33131
Dir: 305.982.5549 I Main: 305.374.5600 I Fax: 305.374.5095
spencer.crowley@akerman.com
Section 16. Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. The Developer and
the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any
litigation between the Parties with respect to this Agreement. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof; and accordingly,
this Agreement shall not be more strictly construed against any of the parties hereto. All of the
exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement.
Each party shall pay its own attorney's fees.
Section 17. Severability. In the event that any term or provision of this Agreement is
determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force and effect.
Section 18. Entire Agreement; No Oral Changes. This Agreement and the Exhibits
sets forth the entire Agreement and understanding between the parties hereto relating in
any way to the subject matter contained herein and merges all prior discussions between
the Developers and the City. Neither party shall be bound by any agreement, condition,
warranty or representation other than as expressly stated in this Agreement and this
Agreement may not be amended or modified except by written instrument signed by
both parties hereto. This Agreement supersedes any prior agreements or understandings
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between the Parties with respect to the subject matter hereof, andno change,
modification, or discharge hereof in whole or in part shall be effective unless such
change, modification or discharge is in writing and signed by the party against whom
enforcement of the change, modification or discharge is sought. This Agreement cannot
be changed or terminated orally.
Section 19. Amendment or Termination of Agreement by Mutual Consent. This
Agreement may not be amended or terminated during its term except by mutual written
agreement of the Developer and the City, provided that if the Project or the portion thereof in
which the Fire Station 'is located has been converted or submitted to a Collective Ownership
Structure, then the condominium association, property owners' association or other entity
governing such portion of the Project (if different from the Developer) may join in and consent
to such amendment or termination (in lieu of the individual unit, element, parcel or lot owners or
their mortgagees within such submitted portion of the Project). Prior to any amendment or
termination of this Agreement during its teirn, the City', shall hold two (2) public hearings before
the City Commission to consider and deliberate such amendment or termination
Section 20. Force Majeure. If any Party to this Agreement shallbe delayed in the
performance of any obligation herein as a result of a Force Majeure, then the performance of
such obligation shall be extended by the length of such delay. A "Force Majeure" shall mean an
event beyond the control of either the City or Developer, which prevents either the City or
Developer from complying with any of its obligations under the Agreement, including but not
limited to: act of God. (such as, but not limited to, fires, explosions, earthquakes, and hurricanes);
war, hostilities, acts of threat or terrorism (whether war be declared or not); riots, strikes, lock
outs or disorder. The Party prevented from carrying out its obligations hereunder (the "Affected
Party") shall give notice to the other Party of an Event of Force Majeure upon it being foreseen
by, or becoming known to, the Affected Party. In response to and during any delay caused by a
Force Majeure, the Parties shall at all times act diligently and in good faith to bring about the
termination or removal of the Force Majeure as promptly as reasonably possible and any Party
seeking an excuse of performance due to such Force Majeure shall work diligently and in good
faith to reduce or eliminate any damage, cost or delay caused by such Force Majeure. Neither
the City nor the Developer shall be considered in breach of this Agreement to the extent that
performance of their respective obligations is prevented by an Event of Force Majeure that arises
after the Effective Date of this Agreement.
[Signature Pages Follow]
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
ATTEST: CITY OF MIAMI, a Florida municipal
(SEAL: Todd Hannon, City Clerk) corporation
By:
Daniel J. Alfonso
City Manager
Dated:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 20 by Daniel J. Alfonso, as the CITY OF MIAMI, a Florida municipal
corporation who appeared before me and is personally known to me, or has produced
as identification, and did take an oath.
My Commission Expires: NOTARY:
Print Name:
Notary Public, State of Florida at Large
(Notary Seal)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENT
Victoria Mendez Anne Marie Sharpe Date
City Attorney Risk Management
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WITNESSES:
BRICKELL CITY CENTRE PROJECT LLC,
a Florida. limited liability company,
as Trustee under Land Trust No. BCC-2012
By:
Print Name:
Name:
Title:
Print Name: Dated:
Trustee executes this Agreement solely as
Trustee under Land Trust No. BCC-2012 and
not individually, and no personal recovery or
judgment shall ever be sought or obtained
against Trustee by reason hereof.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 by and , as the and
respectively, of BRICKELL CITY CENTRE PROJECT LLC, a
Florida limited liability company, as Trustee under Land Trust No. BCC-2012, who
appeared before me and is personally known to me, or has produced as
identification, and did take an oath.
My Commission Expires: NOTARY:
Print Name:
Notary Public, State of Florida at Large
(Notary Seal)
{37940262;5}
11
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00380ap2 Enactment Number: 13440
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, AN AMENDMENT TO THE
PREVIOUSLY -APPROVED "BRICKELL CITY CENTRE" SPECIAL AREA PLAN
("BCC SAP") PURSUANT TO ARTICLE 3, SECTION 3.9 AND ARTICLE 7,
SECTION 7.1.2.8 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES
GENERALLY LOCATED IN THE EASTERN PORTION OF THE BLOCK
BOUNDED BY SOUTHEAST 7TH STREET ON THE NORTH, SOUTHEAST 8TH
STREET ON THE SOUTH, THE 8TH STREET METRO MOVER STATION
RIGHT-OF-WAY ON THE WEST, AND BRICKELL AVENUE ON THE EAST,
MIAMI, FLORIDA; MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A"; THE
ADDITIONAL EASTERN PORTION OF THE BLOCK COMBINES WITH THE
ORIGINALLY -APPROVED "BCC PLAZA" TO CREATE THE "ONE BCC" BLOCK;
THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 67,620 SQUARE
FEET (1.55 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF
503,948 SQUARE FEET (11.57 ACRES); B) INCREASING THE RETAIL /
ENTERTAINMENT AREA BY 58,307 SQUARE FEET FORA TOTAL OF 723,575
SQUARE FEET; C) INCREASING THE OFFICE SPACE BY 36,333 SQUARE
FEET FORATOTAL OF 961,400 SQUARE FEET; D) INCREASING THE
RESIDENTIAL COMPONENT BY 256 UNITS FORA TOTAL OF 1,400 UNITS; E)
INCREASING HOTEL KEYS BY 120 FORATOTAL OF 385 KEYS; AND F)
INCREASING THE PARKING SPACES ABOVE GROUND AND BELOW GRADE
BY 308 SPACES FOR A TOTAL OF 5,057 SPACES. THE SQUARE FOOTAGES
ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF
BUILDING PERMIT NOT TO EXCEED A TOTAL OF 9,071,064 SQUARE FEET OF
FLOOR AREA OR LESS THAN 25,197 SQUARE FEET OF CIVIC SPACE OR
NOT LESS THAN 50,395 SQUARE FEET OF OPEN SPACE; FURTHERMORE,
AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING
THE ZONING CLASSIFICATION OF THE ADDITIONAL SELECTED PROPERTY
FROM "T6-48A-O" URBAN CORE ZONE AND "T6-48B-O" URBAN CORE ZONE
TO "T6-48B-O" URBAN CORE ZONE; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the original "Bricked CitiCentre" is a 9.038 acres Special Area Plan ("SAP"),
pursuant to Article 3, Section 3.9 of the Miami 21 Code, the Zoning Ordinance of the City of Miami,
Florida, ("Zoning Ordinance"), generally bound by Brickell Avenue to the East, Southwest 1st Avenue
to the West, Southeast 6th Street to the North and Southwest 8th Street to the South, Miami, Florida:
and
WHEREAS, the applicant amended the SAP by renaming the project from "BRICKELL
CITICENTRE" to "BRICKELL CITYCENTRE SAP"; and
City of Miami Page 1 of 6 13440
File Number: 11-00380ap2 Enact►nent Number: 13440
WHEREAS, the applicant amended the Special Area Plan SAP, its Regulating Plan and Design
Guidelines by adding 0.98 acres of abutting parcels to include in the Brickell CityCentre SAP project,
located adjacent and north of the existing SAP and bounded by Southeast 5th Street, Southeast 1st
Avenue, Southeast 5th Street, and South Miami Avenue, Miami Florida, and resulting in a total of 10.01
acres; and
WHEREAS, the applicant wishes to further amend the Special Area Plan, its Regulating Plan
and Design Guidelines by adding an additional 1.55 acres to the Brickell CityCentre SAP project,
generally located adjacent and east of the existing SAP and bounded by Southeast 7th Street on the
North, Southeast 8th Street on the South, the 8th Street Metro Mover Right -of Way to the West, and
Brickell Avenue on the East, Miami Florida, and further described in "Exhibit A" herein, resulting in a
total of 11.57 acres; and
WHEREAS, the "Brickell CityCentre" SAP project integrates public improvements and
infrastructure while providing greater flexibility resulting in higher or specialized quality building and
streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City of Miami Downtown area; and
WHEREAS, the expanded "Brickell CityCentre" SAP will benefit the area by creating residential
units, hotel rooms, and commercial uses promoting its interaction with the adjacent areas, Brickell,
Miami River and Downtown; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 15,
2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-001 by a vote of nine
to zero (9-0), item no. 5, recommending APPROVAL with conditions of the amended SAP as set forth;
and
WHEREAS, revisions to the Public Benefits Section of the Regulating Plan, have been codified
in Appendix E of Miami 21 as described in Exhibit "F", attached and incorporated; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable
and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The amended SAP, its Regulating Plan and Design Guidelines attached hereto, is
approved subject to the conditions specified herein, and with the Zoning Ordinance.
Section 3. The findings of fact set forth below are made with respect to the amended SAP:
a. The amended SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan,
as amended.
b. The development proposed in the amended SAP is expected to generate recurring fiscal
benefits of approximately $5.3 million in ad valorem taxes for both the city's general fund and
debt service, as well as $300,000 annually to the DDA. Approximately 2,375 permanent jobs
City of Miami Page 2 of 6 13440
File Number: 11-00380ap2 Enactment Number: 13440
will be created with $200 million paid for construction labor. This is equivalent to 3,447
man-years of construction work at the average annual pay rate of a construction worker in
Miami -Dade County, which is $58,800 per year.
c. The City Commission further finds that:
(1) The SAP will have a favorable impact on the economy of the City;
(2) The SAP will efficiently use public transportation facilities;
(3) Any potentially adverse effects of the development will be mitigated through compliance with
the conditions of this SAP;
(4) The SAP will efficiently use necessary public facilities;
(5) The SAP will not negatively impact the environment and natural resources of the City;
(6) The SAP will not adversely affect living conditions in the neighborhood;
(7) The SAP will not adversely affect public safety;
(8) Based on the record presented and evidence presented, the public welfare will be served by
the SAP;
(9) Any potentially adverse effects arising from this development not limited to safety and
security, fire protection, solid waste, heritage conservation and trees will be mitigated through
compliance with the conditions of this SAP.
Section 4. The SAP, inclusive of all exhibits, in particular, Exhibit "B", the Amended Concept
Book, Exhibit "C" the Amended Regulating Plan, Exhibit "D" Amended Development Program
Spreadsheet, Exhibit "E" the Amended Development Agreement, as approved, shall be binding upon
the Applicant and any successors in interest.
Section 5. The amended application for SAP, which was submitted on November 22, 2013,
and on file with the Hearing Boards Section of the Planning and Zoning Department, shall be relied
upon generally for administrative interpretations and is incorporated by reference.
Section 6. The City Manager is directed to instruct the Planning and Zoning Director to
transmit a copy of this Ordinance and attachments to the Applicant upon final approval.
Section 7. The Findings of Fact and Conclusions of Law are made with respect to the
amended SAP as described herein and in documents incorporated hereto.
Section 8. The amended SAP for the "Brickell CityCentre" is granted and approved.
Section 9. In the event that any portion or section of this Ordinance or the amended SAP is
determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such
decision shall in no manner affect the remaining portions of this Ordinance or amended SAP which
shall remain in full force and effect.
Section 10. The provisions for this amended SAP, as approved, shall commence and become
operative thirty (30) days after the final adoption of the Ordinance.
Section 11. This Ordinance shall become effective immediately upon its final adoption and
signature of the Mayor, following any applicable appeal period. {1}
Section 12. The Zoning Ordinance is hereby amended by adding "Appendix E: AMENDED
BRICKELL CITYCENTRE SAP" to said Ordinance, as follows::
APPENDIX E: AMENDED "BRICKELL CITYCENTRE SAP"
City of Miami Page 3 of 6 13440
File Number: 11-00380ap2 Enactment Number: 13440
CONDITIONS:
Based on analysis and findings, the Planning and Zoning Department recommends approval of the
amended "Brickell CityCentre" SAP with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances and other laws and
pay all applicable fees due prior to the issuance of any building permit.
2) Allow the Miami Police Department to conduct a security survey at the appropriate time, of "One
BCC", at the Department's discretion, and to make recommendations concerning security measures
and systems; further submit a report to the Planning and Zoning Department, prior to commencement
of construction, demonstrating how the Police Department recommendations, if any, have been
incorporated into the SAP, as amended, security and construction plans, or demonstrate to the
Planning and Zoning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's
coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in review
of One BCC, owner responsibility, building development process and review procedures, as well as
specific requirements for fire protection and life safety systems, exiting, vehicular access and water
supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that
"One BCC", now included in the SAP have addressed all concerns of the said Department prior to the
obtaining a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor
Participation Plan) submitted to the City as part of the Application for Development Approval, with the
understanding that the Applicant must use its best efforts to follow the provisions of the City 's
Minority/Women Business Affairs and Procurement Program as a guide, as applicable.
6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of
any building permit:
a. Declaration of Covenants and Restrictions for "One BCC", providing that the ownership,
operation and maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity; and
b. Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title, if applicable,
subject to the review and approval of the City Attorney's Office.
7) Prior to the issuance of a shell permit, provide the Planning and Zoning Department with a recorded
copy of the documents mentioned in condition number 6 above.
8) Provide the Planning and Zoning Department with an amended temporary construction plan,
inclusive of "One BCC", which contains the following:
a. Temporary construction parking plan, with an enforcement policy;
b. Construction noise management plan with an enforcement policy; and
c. Maintenance plan for the temporary construction site; said plan shall be subject to the review
City of Miami Page 4 of 6 13440
File Number: 11-00380ap2 Enactment Number: 13440
and approval by the Planning and Zoning Department prior to the issuance of any building permits and
shall be enforced during construction activity. All construction activity shall remain in full compliance
with the provisions of the submitted construction plan or other agreements and permits as applicable;
failure to comply may lead to a suspension or revocation of this SAP.
9) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning
Department for review and approval:
a. Environmental Impact Statement for amended SAP site, inclusive of "One BCC".
b. Sufficiency Letter from the City of Miami, Office of Transportation for SAP site, inclusive of "One
BCC".
c. Final determination of Public School Concurrency and Capacity Reservation for all residential
development within the SAP, inclusive of "One BCC".
d. Conservation Assessment Report (project location is within an high Archeological Probability
Zone)
e. Applicants shall work with City staff (Department of Capital Improvements, CIP) to identify a
solution for potential conflicts that may arise between the proposed development of "One BCC" and
the implementation / completion of the Greenway project on Southeast 5th Street.
f. Prior to final approval of this amendment, the applicants shall work with City staff (Office of
Transportation) to review alternatives addressing traffic flow throughout Brickell Avenue.
10) The "Brickell CityCentre" SAP includes a Development Review Process which addresses the build
out of the individual projects as identified in the Regulating Plan.
11) If the project is to be developed in phases and/or individual specific projects, the Applicant shall
submit an interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not developed, said plan
shall include a proposed timetable and shall be subject to review and approval by the Planning and
Zoning Director.
12) The applicant shall meet conditions identified in this Ordinance, the "Brickell CityCentre" SAP and
all applicable regulations from local, state and federal agencies.
13) The proposed SAP, inclusive of "One BCC", is located within the Downtown Development of
Regional Impact (DDRI) area. DDRI fees will be calculated based on final program. DDRI credits for
"One BCC" may be reserved upon approval of this amendment; but without exception, all fees must be
paid prior to the issuance of any building permit.
14) Within 90 days of the effective date of this Ordinance, record a certified copy of the amended
Development Agreement specifying that the Development Agreement runs with the land and is binding
on the Applicant, its successors, and assigns, jointly or severally.
CONCLUSIONS OF LAW:
The amended "Brickell CityCentre" SAP, as approved complies with the Miami Comprehensive
Neighborhood Plan as amended, is consistent with the orderly development and goals of the City of
City of Miami Page 5 of 6 13440
File Number: 11-00380ap2 Enactment Number: 13440
Miami, and complies with local land development regulations pursuant to the Zoning Ordinance Code.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Date: FEBRUARY 27, 2014
Mover: COMMISSIONER SARNOFF
Seconder: COMMISSIONER CAROLLO
Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND HARDEMON
ABSENT: 1 - COMMISSIONER(S) SUAREZ
Action: PASSED ON FIRST READING
Date: MARCH 27, 2014
Mover: COMMISSIONER SARNOFF
Seconder: COMMISSIONER SUAREZ
Vote: AYES: 3 COMMISSIONER(S) SARNOFF, SUAREZ AND HARDEMON
ABSENT: 2 - COMMISSIONER(S) GORT AND CAROLLO
Action: ADOPTED WITH MODIFICATIONS
Date:
Action:
APRIL 3, 2014
SIGNED BY THE MAYOR
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Ordinance No. 13440, with attachments,
passed by the City Commission on 3/27/2014.
Vie
C ty Clerk, Deputy Clerk (for Todd B. Hannon,
City Clerk)
May 12, 2016
Date Certified
1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 6 of 6 13440
City of Miami
Master Report
Enactment Number: 13440
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00380ap2
Version: 4
File Type: Ordinance
Reference:
Status: Passed
Controlling Body: Office of the City
Clerk
File Name: Special Area Plan - Brickell City Centre 2nd Amendment Introduced: 11/22/2013
Requester:
Cost: Final Action: 3/27/2014
Title: AN ORDINANCE OF 'FHB MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING
WITH CONDITIONS, AN AMENDMENT TO THE PREVIOUSLY -APPROVED "BRICKELL CITY
CENTRE" SPECIAL AREA PLAN ("BCC SAP") PURSUANT TO ARTICLE 3, SECTION 3.9 AND
ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF 'THE
CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES GENERALLY LOCATED
IN THE EASTERN PORTION OF THE BLOCK BOUNDED BY SOUTHEAST 7TH STREET ON
THE NORTH, SOUTHEAST 8TH STREET ON THE SOUTH, THE 8TH STREET METRO MOVER
STATION RIGHT-OF-WAY ON THE WEST, AND BRICKELL AVENUE ON THE EAST, MIAMI,
FLORIDA; MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A"; THE ADDITIONAL EASTERN
PORTION OF THE BLOCK COMBINES WITH THE ORIGINALLY -APPROVED "BCC PLAZA" TO
CREATE THE "ONE BCC" BLOCK; THE AMENDMENT PROPOSES: A) ADDING
APPROXIMATELY 67,620 SQUARE FEET (1.55 ACRES) OF LOT AREA FOR A TOTAL
COMBINED LOT AREA OF 503,948 SQUARE FEET (11.57 ACRES); B) INCREASING THE
RETAIL / ENTERTAINMENT AREA BY 58,307 SQUARE FEET FOR A TOTAL OF 723,575
SQUARE FEET; C) INCREASING THE OFFICE SPACE BY 36,333 SQUARE FEET FORA TOTAL
OF 961,400 SQUARE FEET; D) INCREASING THE RESIDENTIAL COMPONENT BY 256 UNITS
FOR A TOTAL OF 1,400 UNITS; E) INCREASING HOTEL KEYS BY 120 FOR A TOTAL OF 385
KEYS; AND F) INCREASING THE PARKING SPACES ABOVE GROUND AND BELOW GRADE
BY 308 SPACES FORA TOTAL OF 5,057 SPACES. THE SQUARE FOOTAGES ABOVE ARE
APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT
TO EXCEED A TOTAL OF 9,071,064 SQUARE FEET OF FLOOR AREA OR LESS THAN 25,197
SQUARE FEET OF CIVIC SPACE OR NOT LESS THAN 50,395 SQUARE FEET OF OPEN SPACE;
FURTHERMORE, AMENDING 'THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING
THE ZONING CLASSIFICATION OF THE ADDITIONAL SELECTED PROPERTY FROM
"T6-48A-O" URBAN CORE ZONE AND "T6-48B-O" URBAN CORE ZONE TO "T6-48B-O" URBAN
CORE ZONE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE,
Sponsors:
Notes:
Indexes:
Attachments: 11-003 80ap2 PZAB 01-15-14 Supporting Documents.pdf,11-00380ap2 PZAB 01-15-14 Binder -
SAP.pdf,11-00380ap2 CC 02-27-14 FR Fact Sheet.pdf,11-00380ap2 CC 02-27-14 FR Exhibit
C.pdf,11-00380ap2 CC Legislation (Version 2),pdf,11-00380ap2 CC 02-27-14 FR BCC SAP
Binder.pdf,11-00380ap2 CC 03-27-14 SR Fact Sheet.pdf,11-00380ap2 Analysis, Maps,Sch. Brd. Conc.,
PZAB Reso.pdf,11-00380ap2 CC Legislation (Version 3).pdf,11-00380ap2 ExhibitA.pdf,11-00380ap2
Exhibit B.pdf,11-00380ap2 Exhibit C.pdf,11-00380ap2 Exhibit D.pdf,11-00380ap2 Exhibit
E.pdf,11-00380ap2 Exhibit F.pdf,11-00380ap2-SubmittalNeisen Kasdin-Modifications Proposed.pdf,
City of Miami Page 1 Printed on 5/12/2016
City of Miami
Master Report
Enactment Number: 13440
City Hall
3500 Pan American Drive
Miarni, FL 33133
www.miamigov.com
History of Legislative File
Version: Acting Body:
Date:
Action:
Sent To:
Due Date: Return Date: Result:
1
2
2
3
4
4
4
4
Planning, Zoning and
Appeals Board
Office of the City
Attorney
City Commission
Office of the City
Attorney
City Commission
Office of the Mayor
1/15/2014 Recommended
Approval with
Conditions
2/26/2014 Review Pending
2/27/2014 PASSED ON FIRST
READING
3/26/2014 Reviewed and
Approved
3/27/2014 ADOPTED WITH
MODIFICATIONS
4/3/2014 Signed by the Mayor Office of the City
Clerk
Office of the City Clerk 4/3/2014
Office of the City
Attorney
Action Note:
Signed and Attested
by City Clerk
8/5/2015 Reviewed and
Approved
MODIFICATIONS MADE BY ADDING EXHIBIT F
Pass
Pass
Pass
City of Miami Page 2 Printed on 5/12/2016
EXHIBIT A
Subject Property Addresses, Folios & Legal Description
Addresses
700 Brickell Avenue
710 Brickell Avenue
799 Brickell Plaza
36 SE 7th Street
Folios
01-0210-030-1310
01-0210-030-1180
01-0210-030-1230
01-0210-030-1250
Legal Description
Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO
THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113,
of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH:
Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of
MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat
thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade
County, Florida.
TOGETHER WITH:
Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF
MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public
Records of Miami -Dade County, Florida;
LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for
street and sidewalk purpose pursuant to that Warranty Deed recorded in Official
Records Book 1790, Page 604, of the Public Records of Miami -Dade County, Florida,
and being more particularly therein described as follows: Beginning at the
Northeasterly corner of Lot 15, Block 106A, of the AMENDED MAP OF BRICKELL'S
ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in
Plat Book "B", at Page 113, of the Public Records of Miami -Dade County, Florida;
thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A
for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14;
{27440937;1 }
thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet
to a point; thence run Eastwardly, Northeastwardly and Northwardly along the arc of a
curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with
an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a
line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a
distance of 113 feet to a point of intersection with the Northerly line of said Lot 15;
thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the
Point of Beginning.
Said lands situate, lying and being in Miami -Dade County, Florida.
AND TOGETHER WITH:
Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS
ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in
Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS
therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami
in Official Records Book 10551, Page 1004, of the Public Records of Dade County,
Florida), said portion being more particularly described as follows:
BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning
being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West
Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base
Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for
10.61 feet to its intersection with the Northwesterly extension of the South Line of
Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for
37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence,
along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08
feet to the POINT of BEGINNING.
{27440937;1}
Exhibit "B" (to 11-00380ap2)
Amended Concept Book
(Please see Tab C2 of SAP Binder, pages 189 to 283)
Exhibit "C" (to 11-00380ap2)
Amended Regulating Plan
(Updated document for Second Reading)
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
AMENDMENTS TO MIAMI 21
ORDINANCE
DATE APPROVED
DESCRIPTION
LEGISLATIVE ID
13279
7/28/2011
Special Area Plan for Brickell CitiCentre
11-00380ap
13369T-BD
3/28/2013T-BP
Special Area Plan Amendment for
Brickell City Centre to add N2 block
11-00380ap1T-BD
TBD
TBD
Special Area Plan Amendment for
11-00380ap2
Brickell City Centre to add One BCC
block
{27293961;3}
M IAM 121
SAP
APPENDIX E: BRICKELL CITY CENTRE
SAP BRICKELL CITY CENTRE
The Brickell City Centre is a mixed -use project in the heart of Brickell situated on fivefeur main
parcels totaling approximately 11.510 acres. The site is generally bounded by Brickell Avenue to
the East, Southwest 1st Avenue to the West, Southeast 5th Street to the North and Southwest 8th
Street to the South, Miami, Florida, and further described in SAP-1.1.
SAP 1.1 Legal Description
Site 1: Brickell City Centre North
Subject Property Legal Description:
LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S,
OF PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR
PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL
CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS
BOOK 26161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA
Site 2: Brickell City Centre East
Subject Property Legal Description: PARCEL I:
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15, IN BLOCK 106S, OF S.L. &
J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS:
THOSE PORTIONS OF LOTS 1, 9, 10, 11, 12, 13, 14, AND 15, BLOCK 106S, OF THE
S,L. & J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING
TO THE PLAT BOOK THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77,
OF THE PUBLIC RECORDE OF MIAMI-DADE COUNTY, FLORIDA, LYING IN
SECTION 38, TOWNSHIP 54 SOUTH, RANGE 41 EAST, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN
NO2°16'51. W ALONG THE WESTERLY BOUNDARY OF SAID LOTS 9 AND 1,
FOR A DISTANCE OF 299.90 FEET TO THE POINT OF INTERSECTION WITH
THE NORTHERLY BOUNDARY OF SAID LOT 1; THENCE RUN N87°47'15" E
ALONG SAID NORTHERLY BOUNDARY OF LOT 1 FOR A DISTANCE OF 30.03
FEET TO A POINT OF CUSP AND CURVATURE OF A CIRCULAR CURVE
{27293961;3} 2
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET AND
A TANGENT BEARING OF S87°35'49 W; THENCE TURNING 180°, RUN
WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 90°04'06" FOR AN ARC LENGTH
OF 39.30 FEET TO A POINT
OF TANGENCY ON A LINE THAT IS 5.00 FEET EASTERLY AND PARALLEL
WITH THE WESTERLY BOUNDARY OF SAID LOTS 1 AND 9; THENCE RUN
S02°16'51" E ALONG SAID LINE THAT IS 5.00 FEET EASTERLY AND
PARALLEL TO SAID WESTERLY BOUNDARY OF LOTS 1 AND 9, FOR A
DISTANCE OF 234.80 FEET TO THE POINT OF BEGINNING OF A CIRCULAR
CURVE CONCAVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°07'20"
FOR AN ARC DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY AND A
POINT ON A LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL WITH
THE SOUTHERLY BOUNDARY OF SAID LOTS 9, 10, 11, 12, 13, 14, AND 15;
THENCE RUN N87°35'49" E ALONG SAID LINE THAT IS 15.00 FEET
NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF LOTS 9,
10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 319.95 FEET TO A POINT ON
THE EASTERLY BOUNDARY OF SAID LOT 15; THENCE RUN S02°16'51" E
ALONG SAID EASTERLY BOUNDARY OF SAID LOT 15, FOR A DISTANCE OF
15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE RUN
S87°35'49" W ALONG SAID SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13,
14, AND 15, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING.
Site 3: Brickell City Centre West
SUBJECT PROPERTY LEGAL DESCRIPTION PARCEL I:
LOTS 1, 2, 3 IN BLOCK S3S, OF AMENDED PLAT BOOK 38A AND THE NORTH
1/2 OF BLOCK 53S CITY OF MIAMI, ACCORDING TO PLAT THEREOF AS
RECORDED IN PLAT BOOK. 1, AT PAGE 74, OF THE PUBLIC RECORDS OF
MIA.MI-DADE COUNTY, FLORIDA.
AND
LOTS 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, AND 24, IN BLOCK 53S, OF MAP
OF MIAMI-DADE COUNTY, FLORIDA; LESS THE SOUTH 10 FEET OF THE
WEST 55 FEET OF SAID LOT 22 AND LESS THE SOUTH 10.00 FEET OF SAID
LOTS 16,17, 19, 20, AND 21.
LESS:
THAT PORTION OF LOT 22, BLOCK 53S, OF THE MAP OF MIAMI-DADE
COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE
{27293961;3} 3
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
COUNTY, FLORIDA., AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF
WAY LINE OF S.W. 8TH STREET WITH THE WESTERLY RIGHT OF WAY OF S.
MIAMI AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 87120-2513; THENCE
RUN SOUTH 87°42'43" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE
FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST AND HAVING FOR ITS ELEMENTS A
RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 87°42'43"
EAST; THENCE RUN NORTHEASTERLY, NORTHERLY, AND
NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE
LEFT, THROUGH A CENTRAL ANGLE OF 89°59'34" FOR A DISTANCE OF 39.27
FEET TO THE POINT OF TANGENCY AND A POINT OF SAID WESTERLY
RIGHT OF WAY LINE; THENCE RUN SOUTH 02°16'51" EAST ALONG SAID
WESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25.00 FEET TO THE
POINT OF BEGINNING,
PER RIGHT OF WAY DEDICATION, RECORDED IN OFFICIAL RECORDS BOOK
12159, PAGE 482 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
PARCEL II:
THE EAST 50 FEET OF LOTS 10, 11, AND 12 IN BLOCK 53A, AMENDED PLAT
OF BLOCKS 38A AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT
PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL III:
THE EAST 50 FEET OF LOTS 13, 14, AND 15, BLOCK 53S, MAP OF MIAMI,
DADE COUNTY, FLA., ACCOURDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LESS THE SOUTH 10 FEET THEREOF.
Site 4: Brickell City Centre One BCCP=ka
SUBJECT PROPERTY LEGAL DESCRIPTION:
r n 5 j 8 4 2 9; i n A �m i 1 BT OCK D--A ^ P BRICKELL
L� �-O-IITi� t VT'S2'917-1 i TTd7'.�' ,T-iZ` P
ADDITION TOE ^P-OF- MIAMI, ACCORDING TO TIHEPLAT THEREOFTAS
RECORRECORD- T�I T'nT TAT A T BO "B" PAGE 1 13 0+ T14 PUTT TC RECORDS OF
D- , , �z.�-v
MT A \ I .DAD- (tiOT Nf-Y T7LORID LB C TH�i R Fi i} OM A POi3 TTON OT7 H
i� rrvia-xo�-rr�-�?- , r , THEREFROM-i =cam-rr�z-ca�-ory-vr--rx rE
O TTH 1 0 FRET OF - I z�� l 9 (A c TIR GDED T_O T1H C.TV O Mi A D41 IN
-i-vx- �� `"^'�.ia.��r-r iL c-i i �---v�rrrn-�..�--rra'
{27293961;3} 4
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST-S TJTH ' RLY CO-R rER OF-S ID-LO AID
S.E. 8TH STREET; THENCE, ALONG .-E-WES-T LINE OF SAID LOT 9, N 0°07'
3-0 S FOR 10 00--F -INTERSECTION WITH THE NORTH —BASE
BUILDI r r FN OF cAID S.E. 8TFl STREET; THENCE ALONG SAID BASE
BUILDING LINE ^ T--FO-R 4O7 - ET- TO -ITS INTg SEC-TION VAT1 — 4E
NO TE��R- XTE-NSION--O-F- THE SOUTH LINE OF BLOCK 106A;
THENCE, A r ONG c A ID SOUTH r INE OF SAID BLOCK 106A, S 7/1 39' 31" EAST
FOPS--3- O-FEE-T-Tn A Dnn�TT ONr TH� NORTHER V R1 HT OF WAY LINE OF
SAID S.E. 8T --S TF NG-E--ALOE -A1D GHT OF Wm-L1NE AND
ALONG TH COUTu 7 i'E--O c A fD LO'i 9,3 TES OD 7 08 F 1 T Tn TT R
�S` Q-iT1L�0 �' T1Z -� , Z-L7 I :-Cf�TLZT��r 'iST�
POINT -OF -BEGINNING,
SAID LAND LYING IN SE-C IONIP 5 -SOUS n A N 41,,--N ^MI-
DADE COUNTY, FLORIDA.
Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S
ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat
Boole "B", Page 113, of the Public Records of Nliari-Dade County, Florida.
TOGETHER WITH:
Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of
MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat
thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade
County, Florida.
TOGETHER WITH:
Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF
MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the
Public Records of Miami -Dade County, Florida:,
LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for street
and sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book
1790, Page 604, of the Public Records of Miami -Dade County, Florida, and being more
particularly therein described as follows: Beginning at the Northeasterly corner of Lot 15,
Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF
MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, of the
Public Records of Miami -Dade County, Florida; thence run Southwardly along the
Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or
less, to the Southeasterly corner of said Lot 14; thence run Westwardly along the
{27293961;3) 5
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eastwardly�
Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of
25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point
of tangency; thence run Northwardly along a line 5 feet West of and parallel with the
Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection
with the Northerly line of said Lot 15; thence run Easterly along the Northerly line of said
Lot 15 for a distance of 5 feet to the Point of Beginning.
Said lands situate, lying and being in Miami -Dade County, Florida.
AND TOGETHER WITH:
Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS
ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat
Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a
portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official
Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said
portion being more particularly described as follows:
BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning
being also on the North Right -of -Way Line of S.E. 8th Street thence, along the West
Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base
Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for
10.61 feet to its intersection with the Northwesterly extension of the South Line of Block
106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to
a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said
Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the
POINT of BEGINNING.
Site 5: Brickell City Centre N2
SUBJECT PROPERTY LEGAL DESCRIPTION:
LOTS 1 THROUGH 7, IN BLOCK 108 SOUTH, OF S.L. & J.B. PATTERSON AND
J.F. & B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION OF THE
ABOVE DESCRIBED PARCEL CONVEYED BY ORDER OF TAKING RECORDED
IN OFFICIAL RECORDS BOOK 11810, PAGE 2274, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
{27293961;3} 6
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
SAP 1.4 Regulating Plan for Brickell City Centre
BRICKELL CITY CENTRE
Brickell City Centre is a mixed -use project in heart of the Brickell situated on five (5) parcels
totaling approximately 11.5-1-0 acres. The site is located along S. Miami Avenue and bounded by
S.W. 8th Street to south, S.E. 5 Street to the north, approximately S.W. 1st Avenue to the west,
and approximately Brickell Avenue to the east.
The project, as proposed, will consist of two -levels of underground parking totaling
approximately 1,9341-,-8--0 spaces to support approximately 725,000650,000 s.f. of open-air,
destination andneighborhood serving retail across four levels, including a high -end food market.
The proposed underground parking has been designed to internalize circulation and limit the
impact of vehicular traffic on the adjacent roadway system. The internal circulation is achieved
through the connection of the fivefeur (54) underground garages at the Basement 02 level via
driveways beneath S. Miami Avenue, S.E. 6th Street, a S.EW. 7th Street and the MetroMover
right-of-way between the BCC East and One BCC blocks.
In addition to the retail component, Brickell City Centre's ("BCC") program includes the
development of approximately 1,4001,105 residential units in fourtlifee (43) towers, three of
which are approximately 40 +/- stories in height on the BCC North, West and N2 parcels and the
fourth tower, 80 stories tall, is located on the One BCC parcel. A hotel and service apartment
building, consisting of approximately 2652-90 hotel rooms and 8975 service apartment units, is
proposed for the BCC East parcel and a 120-room hotel is planned for the mixed -use tower on
the One BCC block. An additional 3,1232,000 parking spaces will be provided above grade to
support these uses.
BCC also proposes the development of approximately 960,0009'15,000 sl of office space across
the entirety of the 11.510 acre site. A 140,000128,000 s.f. office tower (8 +/- stories) is proposed
for BCC West, with a twin medical office/wellness center of approximately 145,000178,000 s.f.
(8 +/- stories) on BCC East. Finally, an office to ver of approximately 675,000733,000 s.f of
office is proposed in the mixed -use tower on the One BCC parcel, which will to replace the
office buildings which currently houses Eastern National Bank, Northern Trust and Miami
Today, located immediately east of the 8th Street MetroMover station.
In addition to the above -listed programmatic elements, the project contemplates a number of
significant features designed to enhance the public realm. Foremost among such elements is the
climate ribbon that serves as unifying theme for the project, connecting the various parcels of
Brickell City Centre and the project to the Miami River. The climate ribbon will provide
protection from the elements to patrons traveling along the open air corridors of the retail center
and across the pedestrian connections that will serve to unify the site above the street. It is
anticipated that the ribbon will also serve to generate electric power for the facility through the
incorporation of solar panels, as well assist with collection of rainfall that can be used for various
water features on -site. The development of the One BCC parcel will bring the climate ribbon
over the top of the 8t1i Street MetroMover station to the front door of Brickell Avenue.
{27293961;3} 7
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
Additional contemplated public improvements anticipated by the project include landscaping
upgrades to the area under the MetroMover guideway for its use as a linear park that would
enhance the Brickell community's connection with the Miami River. The project also anticipates
making significant improvements to the 8th Street MetroMover station that would serve to
integrate the station with the project, improve station access, enhance MetroMover ridership, and
provide a multi -modal connection to the planned City of Miami Brickell Trolley line.
BRICKELL CITY CENTRE GOALS
A driving force behind Brickell City Centre is a desire to create a walkable urban center within
the Brickell area that will reduce carbon dioxide emission and promote energy conversation. The
plan incorporates improved street and transit connections that encourage pedestrian enjoyment
and mass transit use through increased tree canopy, use of green building techniques, and
enhancements to existing mass transit facilities.
The development goals include:
• A compact, pedestrian oriented and mixed use project designed to increase the use of
current and proposed transit service.
• Facilitate the organized growth of downtown infili redevelopment ensuring that Miami
remains the focus of the region's economic, civic, and cultural activities.
• Provide a diversity of uses distributed throughout the Special Area Plan area which
enables a variety of economic activity, workplace, residences and Civic Space types.
• Orient civic and public gathering spaces to reinforce community identity.
• Design buildings and landscape that contribute to the physical definition of
Thoroughfares as civic places.
• Develop a proper framework that successfully accommodates automobiles while
respecting the pedestrian and the special form of public spaces.
• Ensure that private development contributes to infrastructure and enriches a pedestrian
and transit friendly public and private reahn of the highest quality.
{27293961;3} 8
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
The following new or revised terms shall only apply within the area designated as part of the
Brickell City Centre Special Area Plan. Any regulation not modified herein shall be subject to
the requirements of the Miami 21 Code and any other applicable regulation.
1.1 DEFINITIONS OF BUILDING FUNCTION: USES
LODGING
Serviced Apartments: A group of lodging units that are available for lease or rent by transient
guests for a period of not more than 180 days, share amenities, and are operated in conjunction
with a Hotel.
CIVIL SUPPORT
Public Parking: A structuredparking facility available to the general public for parking motor
vehicles. The term Public Parking shall not include the use of surface parking lots for the parking
of motor vehicles.
1.2 DEFINITIONS OF TERMS
Climate Ribbon: A framed Structure, which is open on its sides, fixed and self-supporting and
which may be located over private property or within the Public Right -of -Way.
Design Guidelines: Plans, drawings, and diagrams submitted as part of the SAP,
Display Window: A window of a Commercial establishment facing a Frontage used to display
merchandise for sale on site and shall have sufficient dimensions to display products. Display
Window(s) may not be used for the display of posters or other adverting materials unless
accompanied by the product being offered.
Open Space: Any parcel or area of land or water essentially unimproved by permanent
Buildings, open to the sky and/or covered by a Climate Ribbon; such space shall be reserved for
public or private Use. Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens,
Playgrounds, paseos (when designed predominantly for pedestrians), pedestrian paths or
associated landscaped areas, and those areas covered by a Climate Ribbon.
Parking, Off -Street: Any land area designed and used for parking motor vehicles including
parking garages, driveways and garages serving residential uses, but excluding areas of
Thoroughfares and surface parking lots.
Pedestal: Also known as podium. For phase—I—ef-the Brickell City Centre Special Area Plan
parcels BCCN, BCCW and BCCE, that portion of a Building up to a maximum of 129 feet and
for the One BCC and N2 parcelsp e-II, that portion of a Building up to a maximum of 160 feet
(10 stories) as depicted in the approved SAP plans and Design Guidelines.
Regulating Plan: Modifications of the underlying Miami 21 Transect Zone regulations for the
Lots included in this SAP.
{27293961;3} 9
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
Retail Ribbon Sign: A sign emitting an illuminated message, image, design or combination
thereof that is created electronically by any light source, LED (light emitting diodes) bare
electric bulbs, luminous tubes, fiber optics, or any other combination of light sources creating a
message. A Retail Ribbon Sign is classified as a Wall Sign. A Retail Ribbon Sign is not
considered an Animated Sign or Flashing Sign.
Special Area Plan (SAP): Also known as the Brickell City Centre project.
Special Area Plan Permit (SAP Permit): A permit issued by the City which authorizes
Development within an approved SAP.
'Terminated Vista: A location at the axial conclusion of a Thoroughfare or Pedestrian Passage.
A Building located at a Terminated Vista designated on a Special Area Plan is required to be
designed in response to the axis.
3.3 LOTS AND FRONTAGES
3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall be
maintained except as modified in the Brickell City Centre Special Area Plan. (See also
Article 4, Diagram 10) Galleries and Arcades may be permittedwithin. the First Layer in
Established Setback Areas and shall not encroach the Public Right -of -Way except by
Special Area Plan. Where a Gallery or Arcade is permitted, the Established Setback shall
only be maintained if a Gallery or Arcade is provided. Where a Gallery or Arcade is not
provided, the setback for the underlying Transect Zone shall be maintained.
Established Setback Areas include:
a. Brickell Financial
1. Boundary: All properties on Brickell Avenue between SE 15th Road
and the Miami River.
Brickell Avenue Setback: Thirty (30) feet except the Southeast
corner of the One BCC building which fronts Brickell may
encroach into the 30' Brickell Avenue Setback by up to five (S)
feet; Sicle and Rear: TenFiftcen (10'15) feet;
3.13 SUSTAINABILITY
3.13.1 General
BCC LEED Certification
BCC shall be certifiedby the United States Green Building Council (USGBC) as a Leadership in
Energy and Environmental Design - Neighborhood Development (LEED-ND) project. Upon
completion of the SAP process and prior to the construction of not more than 75% of the total
square footage of the approved BCC project, the project shall. obtain LEED-ND Stage 2 pre -
certification in accordance with the LEED 2009 Rating System Stages of Certification adopted
{27293961;3}
10
MIMIt.
P
APPENDIX E RI
CITY CENTRE
by the i.CStiBC. Following approval of the BED -ND Stage 2 prec rtification, the owner shall
tray srrrita copy of the certificate issued by the U GBC confirming the pre -certification of BCC.
At the ti ne BCC applies for and obtains a building pat
protect, the applicant shall provide the City with the ,follow
for any portion of the approved
a. A LB O checklist;
b. proof cif LaLBD registration; and
c. An affidavit affirming the applicant's intent to ensure that the project is certified.
by tile %:t + BC; at a minimum, as 'LEED Silver.
LJpbr1 corrtpletiur crf each of the approved BCC phases and issuanee of c ert fi'ales of occupancy
for the same, the project shall apply for lw1 i3-1+i) Stage 3 cenification. Following successful.
completion of the certification process, .BBC will obtain a certification plaque for public display
and ensure that BCC is listed as a LEE-D.-ND certified project on the USC vbsite.t
n inin un, development within the SAP shall meet LEED-ND Silver certification.
3.14 CJB ,IC BENEFITS PROGRAM
3.14,2 Upon providing a binding commitment for the specrfled public benefits as ,provided in
Section 3.1..3 below, to proposed development project shall be allowed to build within
the restrictions of the specific, Transect Zone, up to the bonus Height and FL, . as
ttabiishec in this Seetlonm 'The-1 nlytaare :footage 1 11-Re-
achieved through the bonus program via the i3rl It ll City Centre
Ian be placed anywhere within tt1?m SAP.,
.14 Tlie proposed bonus Weight and FLR shall be permitted la ange for cant lb- to
the City for the following public benefits: affordabie/wor .force housing, Public parks
and Open Space, Green Buildings, Brow r olds, and. Civic Space or Civil Support space,.
�_ wit A `' The City shall establish a Miami21 Public
refts "Trust Fund for the cash corattrihutions for Affordable/ Workforce Housing.,
Public Parks and Open Space, and Careen Building certification .short -fall penalty nude
under this section, The City Cor rlxrission, upon the manager's recorlif ndatiOfl shalt
annually decide the allocation of lands front the Trust Fund collected udder this sectionn,
All cash contributions thus allocated by the C'om rlission to support affb.tdablel workforce
housing shall .be deposited in the Affordable Housing Trust 'Fund for expenditures
pursuant to the guidelines adopted by the City Commission, All cant contributions thus
allocated by the Commission to support, Parks and Open Space shall be deposited in the
Parks and Open Space Trust 1Eund, set forth in Chapter 62 of the City Code, to be
expended in accordance with the guidelines outlined therein.
3.14.4 For the purposes oftbe public benefits program, the following criteria shall app[y,
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
*141a,C4
42, 7,s4
127293961;3)
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12
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
Article 4, Table 5 BUILDING FUNCTION: PARKING AND LOADING
{27293961;3}
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„ Additional sharing Is allowed by SAP Permit.
i7 2 • 4u1'igg oftvc4 tkxui Wwho
t15t110ttitte3 I tin ar4 f isaEmo,
,nti't eli$ Fn`. 64 r :1Sit 4 04 :€tom Gar' f'thulli Ce4
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13
Berth Types
Residential*: 200 sf = 10 ft x 20 ft x'12 ft
Commerclal**: 420 sf = 12 ft x 35 ft x 15 ft
Industrial***: 660 sf = 12 ft x 55 ft x 15 ft
* Residential loading berths shall be setback
a distance equal to their length. For the N2
block, residential loading berths shall be
setback a minimum of ten (10) feet,
** Commercial berth may be substituted by
2 Residential berths. 2 Residential berths
may be substituted by 1 Commercial berth.
*** 1 Industrial berth may be substituted by
2 Commercial berths. 2 Commerclal berths
may be substituted by 1 Industrial berth.
A required Industrial or Commercial loading
berth may be substituted by a Commercial
or Residential loading berth, by SAP Permit,
If the size, character, and operation of the
Use Is found to not require the dimensions
specified and the required loading berth
dimension could not otherwise be provided
according to the regulations of this Code.
The total number of required loading berths
for the One BCC block shall be seven (71
Industrial size loading berths and eight (8)
Commercial size loading berths.
Loading Hours shall comply with conditions
established by the Development Order.
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
Article 4, Table 7 CIVIC SPACE TYPES
This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and
Open Space providedby the Public Benefits Program.
Civic Space Types may be at multiple levels, landscaped and/or paved, open to the sky and shall
be open to the public from 6:00 AM to 10:00 PM. The Civic Space at the NWcorner of the One
BCC block can be covered under a building. Civic Space Types may be publicly or privately
owned. Open Space requirements for each zone are described in Article 5.
{27293961;3)
14
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line as
indicated in the Design Guidelines,wad—Regulating Plan and SAP Plans. In the absence of
Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with
the Facade to shield parking and service areas, In the case of two (2) or three (3) Principal
Frontages meeting at Thoroughfare intersections, the Building corner may recede from the
designated Setback up to twenty percent (20%) of the Lot length.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pedestrian entrances shall occur at a maximum of seventy five (75) feet and vehicular entries
shall occur at a minimum spacing of sixty (60) feet unless approved by SAP Permit. Principal
entrances to retail establishments shall be provided along 7th and 8th Streets and South Miami
Avenue. Where a retail establishment is located on the corner of 7th or 8th Street and South
Miami Avenue, only one (1) principal entrance shall be required. For the N2 block„ pedestrian
entrances can occur at a maximum of two hundred (200) feet and vehicular entries can occur at a
minimum spacing of ten (10) feet.
i, For the One BCC block, a cross -block passage of 10 feet is required. For the N2 block, a
cross -block passage is not required. Instead, pedestrian passages canbe provided at the ends of
the N2 block.
For the N2 block, setbacks for Buildings shall be provided as listed below:
• Principal Front Setback on 5th Street: 0' min ; 2' min. above 8th Story
• Principal Front Setback on 6th Street: 0' min.; 20' min. above 8th Story
• Secondary Front Setback on 1st Avenue: 0' min.; 10' min. above 8th Story
5.6.2 Building Configuration (T6)
b. Above the eighth floor (tenth floor for the One BCC block), the Building Floorplate
dimensions shall be limited as follows:
• 30,000 square feet maximum for Residential and Hotel Uses (One BCC block only)
• 30,000 square feet maximum for Commercial Uses and for parking
• 250 feet maximum length for Residential Uses
• 250 feet maximum length for Commercial Uses
c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback and into
the Right -of -Way, except as may be further allowed by Chapter 54 of the City Code. Above the
(27293961;3}
15
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
first Story, cantilevered balconies, bay windows, decorative features, and roofs may encroach up
to three (3) feet (four (4) feet for the N2 block) of the depth of the Setback. Other cantilevered
portions of the Building shallmaintain the required Setback. Above the Pedestal no
Encroachments are permitted, except that Facade components promoting energy efficiency such.
as shading and Screening devices that are non -accessible may encroach a maximum of three (3)
feet.
d. For the N2 block, Galleries and Arcades (which includes cantilevered overhangs) canbe
ten (10) feet deep, can encroach 100% of the depth of the Setback and can overlap the whole
width of the sidewalk to within four (4) feet of the curb on a Primary Frontage and sixteen (16)
feet on a Secondary Frontage.
f. Loading and service entries shall be pursuant to the Design Guidelines of the Special
Area Plan.
h. Mechanical equipment on a roof shall be screened by a parapet wall of a maximum
height of twenty-five (25) feet or enclosure and shall conceal all equipment, except antennas,
from lateral view. Where possible, equipment other than solar panels shall be enclosed or
screened from overhead views.
5,6.4 Parking Standards (T6)
a. Parking shall be provided and accessed in accordance with the Design Guidelines of this
Special Area Plan. The vehicular entrance of a parking Lot or garage on a Frontage shall have a
continuous flush sidewalk crossing and pedestrian safety zones for curb cuts widths over thirty
(30) feet.
All parking, including drop-off drives and porte-cocheres, open parking areas, covered parking,
garages, Loading Spaces and service areas shall be located in accordance with the Design
Guidelines of this Special Area Plan. All Screening utilized to visually shield or obscure the
aforementioned areas shall be subject to the review and approval of the Planning Director.
5.6.5 Architectural Standards (T6)
b. The Facades on Retail Frontages shall be detailed as storefronts and shall, for the first ten
(10) feet above the sidewalk elevation, contain windows or doorways of transparent glass
covering at least 50% of the linear footage of each Building. The base of all transparent openings
shall be no more than two (2) feet above the sidewalk. Display Windows may count up to
twenty-five percent (25%) of the transparency requirement.
For the N2 block, the Facades on Retail Frontages shall be detailed as storefronts and shall
contain windows or doorways of transparent glass in accordance with. the Design Guidelines of
this Special Area Plan.
{27293961;3}
16
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
MIAMI
I AS ADOPTED APRIL 2013
BUILDING DISPOSITION
LOT MOOPATION
a. Lek Area 5,000 sl NIL
01104:.ispEqFicyg.:zoNga.
1LLG8T TION 6%4OR AN CORE TRANSECT ZONEST6-48B/BCC SAP
t. Lit Wait 1-C4 twit
;.Lti0p4a6ge
Above Boy
d Flea Lai Rahn (RR)
d freed at tied Se
30,000 sq.ft. max, Floorplate for Residential
& Lodging for One BCC Block
OOQOtvrt t met riedValab Med &
TtiSdat 1t,t50% etlidattat Atilt Bartel
Te140bt 10450% addAge Bem;ert
a6. as per BCC SAP Plans and Design Guidelines
OpeslIdOce IOW Amattit
pg(140 4E0d-Wactdedi
GUIDING SETBACK
a Ptiottlet Fhttt
dt 8 FiteN
tab
d Read
Abutting 4& Peer I5
10 ft, hirt4:217 t ttft Pofy
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BLII.LJDING CONFIGURATION
FRONTAGE
Ounrimt 1:mm
6, Poch Ferce
Inhibited
Waited
t Tome -at Lt1,
pettibitil
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{27293961;3}
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1•/
MIAMI21
SAP
APPENDIX E: BRICKELL CITY CENTRE
6.5 Sign Standards - Brickell City Centre SAP
6.5.1 Intent
Brickell City Centre is a pedestrian oriented, mixed -use, urban development district (the
"District") that includes residential, retail, office and hotel uses which are serviced by a mass
transit station and several lined parking garages. The District is envisioned as a hub for high -end
retail which does not otherwise exist in the City of Miami. The retail and office components of
the District will consistently serve large numbers of people, many of whom will drive to the
District and park in one of the Project's several lined parking garages. Others willwalk or take
mass transit to access the Project. In order for the District to function properly andseamlessly
integrate into the Brickell neighborhood, pedestrians must be clearly directed to the mass transit
station and retail areas and vehicles must be clearly directed to parking garages.
The intent of these sign regulations is to (1) move pedestrians and vehicle traffic in and out of the
District safely and efficiently; (2) promote safe and efficient pedestrian traffic within the District;
(3) promote efficient vehicle circulation to and from the parking garages within the District; and
(4) identify the District to motorists along adjacent Thoroughfares
6.5.2 Signage Location, Types, and Aggregation.
a. Signs within the Brickell City Centre SAP shall be permitted as set forth in Miami
21, unless modified by the Brickell City Centre Regulating Plan and Design
Guidelines as set forth below. Signs within Pedestrian Passages, including
directional signs containing layout of the retail space and location of retail
tenants, which do not contain advertising material visible from the public right-of-
way, shall not be regulated by the City.
b. Signage placed on the Pedestal or along the District's Retail Frontages shall be
classified as:
(27293961;3}
Directional Signage: Directional Signage may be located at the entrances
to parking garages and at pedestrian entrances to the Project, as generally
depicted on Pages C1.18 and A0.35 of the Design Guidelines. Directional
Signage shall be designed to facilitate the movement of both vehicles and
pedestrians and direct them to retail, restaurants, parking garages, and
other Uses within the District. Directional Signs may range between forty
(40) feet in length and four (4) feet in height up to a maximum of one
hundred twenty five (125) square feet. Tenants' names or logos shall not
comprise more than 20% of the Area of Directional Signs. Additional
regulations governing the location and specifications for Directional Signs
may be adopted as part of a Master Sign Package.
Ground/Freestanding Signage: Ground Signs shall not include Signs
mounted on poles or posts in the ground. Ground Signs shall be located at
Thoroughfare intersections and along the Principal Frontages, as generally
18
M IAM 121
SAP
APPENDIX E: BRICKELL CITY CENTRE
{27293961;3}
depicted on Pages C1.18 and A0.35 of the Design Guidelines. Signs
should not be located within the Visibility Triangle as determined by
Public Works or other regulatory agencies, unless it can be determined
that such location will not adversely impact public safety. Signs shall be
designed and placed in a manner to minimize impact to pedestrian
circulation. Ground Signs shall be designed to identify the Project,
communicate the District image, or specifically identify a major tenant.
Ground signage shall be limited to five (5) signs per block, each with on
more than two sign surfaces, neither of which shall exceed forty (40)
square feet in Sign Area for each one hundred. (100) feet of street
Frontage. Permitted Sign Area may be cumulative, but no Sign surface
shall exceed one hundred (100) square feet. The Maximum Height shall
not exceed twenty (20) feet, including embellishments, as measured from
the sidewalks on which the sign is placed. Additional regulations
governing the location and specifications for Ground/Freestanding Signs
may be adopted as part of a Master Sign Package.
3. Wall Signage: Wall Signage shall be located on the Pedestal above the
first Floor and oriented toward the street for the purpose of identifying the
District and retail tenants of the District. Wall signage can be
accommodated on a maximum of twenty-seven percent (27%) of the
Pedestal Face (measured by the vertical area from the finished floor
elevation to the top of the Pedestal and the horizontal area from setback to
setback). Each Pedestal Facade shall be entitled to a minimum of four (4)
and a maximum of eight (8) Wall Signs; provided however, that as part of
an SAP Permit for a Master Sign Package, the City may approve up to ten
(10) Wall signs on a maximum of two (2) Pedestal Facades upon
demonstration that the increased number of Wall signs is consistent with
Article 4, Table 12 of the Miami 21 Code and the signage standards listed
below. Signs located on. the Pedestal Facade must be arranged in a manner
where each sign acts independently preventing composition signage.
Additional regulations governing the maximum size, number, location and
specifications for individual Wall Signs may be adopted as part of a
Master Sign Package.
a. Retail Ribbon Signs: Retail Ribbons Signs shall be counted as
Wall Signs for purposes of limiting the number and size of Retail
Ribbon Signs. The content of Retail Ribbon Signs shall be limited
to advertising for products and services available and events
occurring on the premises where the Retail Ribbon Sign is located.
4. Tower Signage: Tower signage shall identify the Project or the name of a
major tenant occupying more than five percent (5%) of the Floor Area of
the tower, excluding parking garages. Tower signage will be located on
towers above the Pedestal, in the manner and maximum size depicted on
19
M IAM 121
SAP
APPENDIX E: BRICKELL CITY CENTRE
Pages C1.28 and A2.38 of the design guidelines. Each tower shall be
entitled to two (2) tower signs. In the event that tower signs are not placed
on a tower, such tower signs may be transferred to another tower at a ratio
of 2 to 1; however in no event may any one tower be entitled to more than
three tower signs.
c. The location of signs shall be as generally depicted on Page C1.18 of the Design
Guidelines. The final location of signs may very if approved as part of a Master
Sign Package.
d. In addition to the signage types referenced in paragraph b, above, the signage
types listed in Sec. 6.5.2.5.b.1.., 2., and 3. shall also be permitted within the
District, subject to the limitations identified therein.
6.5.3 Master Sign Package
a. A Master Sign Package for the BCC SAP, or for individual blocks within the
BCC SAP, may be submitted to the City for approval by SAP Permit. A Master
Sign Package shall include the following: a plan view of each block indicating
location of each sign type on each level, specifications for each sign type, and
tenant sign restrictions.
b. If a Master Sign Package is approved by SAP Peunit, all signs which conform to
the standards set forth therein shall not require an individual SAP Permit, and
shall be permitted if in compliance with the Florida Building Code. If a master
sign package is not adopted, or if an individual signdoes not confotin to the
standards set forth in adopted Master Sign Package, such signage may only be
approved by SAP Permit.
6.5.4 Signage Standards.
In addition to the standards in Article 4, Table 12 of the Miami. 21 Code, the following standards
shall be utilized by the Planning Director when evaluating whether a proposed master sign
package or individual sign is consistent with the BCC SAP.
a. The District shall provide locations on the commercial areas of the building
facade that are specifically designed to accommodate changeable tenant signage.
Structure, materials, detailing, and power sources shall be designedwith
consideration of signage installation requirements and shall be readily adaptable
and reparable as tenant sign needs change.
b. Sign illumination shall not be of high intensity. Locations for illuminated signage
shall be oriented to the public right-of-way.
c. Orientation of any illuminated sign or light source shall be directed or shielded to
the extent practicable.
{27293961;3}
20
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
d. Signs should be designed so as to fit withinthe architectural features of the facade
and related elements and complement the District's architecture.
e. Indirect and external light sources shall be the preferred option where lighting is
required.
f. Small-scale signs projecting from the building face, perpendicular to the public
right-of-way, are appropriate for all pedestrian oriented streets.
g•
Graphic design for all signs should reflect consistency, simplicity, neatness, and
minimum wording to minimize visual clutter and maximize legibility.
h. In order to activate the plaza adjacent to the Metromover station, the City may
permit iconic and unique signage on the eastern Pedestal Face of BCC East, as
part of a Master Sign Permit.
Sign colors should be limited in number andshould be compatible with the
facade. In most circumstances, dark backgrounds for signs are preferred over light
backgrounds.
7.1.2 Permits
Brickell City Centre Development Review Process
The Brickell City Centre development review process is set forthbelow.
a. SAP Permit.
{27293961;3)
All Development within the Project shall be approved by SAP Permit. In addition,
all other permits necessary to develop Property within the Project, such as
Warrants, Waivers, Variances, and Exceptions, shall be approved by SAP Permit
and subject to the equivalent fee to those established in the Miami. 21 Code and
Chapter 62 of the City Code. The process and criteria for review and approval of
an SAP Permit applicationis set forth below.
1. Review and approval process.
The Zoning Administrator shall review each submitted application
for a SAP Permit for completeness within seven (7) days of
receipt. Upon verification by the Zoning Administrator, the
application shall be referred to the Planning Director. The Planning
Director shall review each application for an SAP Permit for
consistency with the Brickell City Centre Regulating Plan, Design
Guidelines, Development Agreement, Miami 21 and the Miami
Comprehensive Neighborhood Plan.
21
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
{2729396113}
If the SAP Permit application involves a project in excess of two
hundred thousand (200,000) square feet of floor area, it shall be
referred to the Coordinated Review Committee, and it may be
referred to the Urban Development Review Board. If the SAP
Permit application involves a project equal to or less than two
hundred thousand (200,000) square feet of floor area, it shall be
reviewed by the Planning Director and the Zoning Administrator
without need for review by the Coordinated Review Committee,
unless the Planning Director determines that such review is
necessary. If the application is referred, the committee or board
shall review the application and provide its comments and
recommendations to the Planning Director.
Where there is no referral to the Coordinated Review Committee,
the Planning Director shall issue an intended decision within thirty
(30) calendar days of a determination that the application is
complete. Where there is referral to the Coordinated Review
Committee, the Planning Director shall issue an intended decision
within thirty (30) calendar days of the meeting of the Coordinated
Review Committee, The applicant shall have seven (7) calendar
days from receipt of the notice of the intended decision to request a
conference with the Planning Director to discuss revisions or
additional informationregarding the application. Within ten (10)
calendar days of the conference, or if no conference is requested,
the Planning Director shall issue written findings and
determinations regarding the applicable criteria set forth in this
section and any other applicable regulations. The applicant and the
Planning Director may mutually consent to an extension of the
time for issuance of the fmal decision. The findings and
determinations shall be used to approve, approve with conditions
or deny the SAP Permit application.
ii.. The Planning Director shall approve, approve with conditions or
deny the SAP Permit application. Approvals shall be granted when
the application is consistent with the SAP, inclusive of its
Regulating Plan, Design Guidelines, approved Development
Agreement, the Miami 21 Code and the Miami Comprehensive
Neighborhood Plan, as applicable. Conditional approvals shall be
issued when the application requires conditions in order to be
found consistent with the SAP, inclusive of its Regulating Plan,
Design Guidelines, approved Development Agreement, the Miami
21 Code and the Miami Comprehensive Neighborhood Plan, as
applicable. Denials of applications shall be issued if, after
conditions and safeguards have been considered, the application
still is inconsistent with the SAP, inclusive of its Regulating Plan,
2,2
MIAMI 21
SAP
APPENDIX E: BRICKELL CITY CENTRE
{27293961;3}
Design Guidelines, approved Development Agreement, the Miami
21 Code and the Miami Comprehensive Neighborhood Plan, as
applicable. The decision of the Director shall include an
explanation of the Code requirements for anappeal of the decision.
The Director shall include a detailed basis for denial of an SAP
Permit.
An SAP Permit shall be valid for a periodof two (2) years during
which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one (1) time
extension, for a period not to exceed anadditional year, may be
obtained if approved by the Planning Director upon written request
by the Applicant and subject to the equivalent fee to those
established in the Miami 21 Code and Chapter 62 of the City Code.
2. Appeal of an SAP Peituit to the Planning, Zoning and Appeals Board.
Applicant may file an appeal of the determination of the Planning Director
which shall be de novo and taken to the Planning, Zoning and Appeals
Board. An appeal shall be filed with the Hearing Boards Office within
fifteen (15) calendar days of the posting of decision by the Planning
Director on the City's website. The Board shall determine whether the
Permit is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further
appealed to the City Commission, de novo and must be filed with the
Office of Hearing Boards within fifteen (15) calendar days of the Board's
issuance of its ruling. The filing of the appeal shall state the specific
reasons for such appeal, together with payment of any required fee.
3. Modifications to a previously approved SAP Permit
All applications for modifications of an approved SAP Permit shall be
submitted in writing to the Zoning Administrator explaining the need for
corrections and accompanied by payment of the fee established by the
adopted fee schedule. Except for minor modifications, the permit may be
amended only pursuant to the procedures and standards established for its
original approval. The Zoning Administrator shall review criteria
established in the Miami 21 Code to determine the degree of the
modification.
All minor modifications shall be referred to the Planning Director for
review and compliance with the Regulating Plan, Design Guidelines,
approved Development Order, the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan, as applicable. If found to be in
23
M IAM 121
SAP
APPENDIX E: BRICKELL CITY CENTRE
compliance, the Planning Director shall grant the application for minor
modification.
9.5.3 Trees
b. Street trees shall be of a species typically grown in Miami -Dade County which normally
mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet,
an overall height of fifteen (15) feet and a minimum caliper of three (3) inches at time of
planting, and shall be provided along all roadways at a maximum average spacing of thirty (30)
feet on center, except as otherwise provided in this Article. Where the aforementioned spacing
requirement cannot be met, deviations fromthis standard shall be permitted so long as the total.
number of street trees provided equals the total number of street required by the thirty (30) feet
spacing requirement. The thirty (30) foot average spacing requirement for multiple single family
units and townhouse shall be based on the total lineal footage of roadway for the entire project
and not based on individual Lot widths. Street trees shall be placed within the swale area or shall
be placed on private property where demonstrated to be necessary due to right-of-way
obstructions as determined by the Public Works Department. Street trees planted along private
roadways shallbe placed within seven (7) feet of the edge of roadway pavement and/or where.
present within seven (7) feet of the sidewalk.
9.5.5 Minimum Number of Trees
Where a conflict exists, the requirement imposing the higher standard shall apply.
o. Street trees of a species typically grown in Miami -Dade County which have a minimum
clear trunk of four (4) feet, an overall height of not less than twenty (20) feet, and a minimum
caliper of five (5) inches at the time of planting, shall count toward the minimum number of
required trees at a ratio of 4 Street Trees-to-1 required Tree.
9.5.6 Shrubs
a. All shrubs shall be a minimum of eighteen (18) inches inheight when measured
immediately after planting. Shrubs shall be provided at a ratio of ten (10) per required tree.
Ground cover may be provided in lieu of shrubs at a ratio of two ground cover plants to one
shrub. No less than Thirty (30) percent of the shrubs shall be native species and no less than fifty
(50) percent shall be low maintenance and drought tolerant. Eighty (80) percent of the shrubs
shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree Master Plan.
and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list,
{27293961;3}
24
Exhibit "D" (to 11-00380ap2)
Amended Development Program
(Please see Tab B5 of SAP Binder, page 97 labeled, "A0.03B")
Exhibit "E" (to 11-00380ap2)
Amended Development Agreement
(Please see 11-00541da1)
COcti Wit I:"
Regulating Plan, Public Benefits Section
3,14,3 The proposed bonus Height and FLR shall be perrnitted in exchange for contribution to
the City for the following public benefits: affordable/workforce housing, Public Parks
and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space,
and Briekell City Centre SAP Public Benefits, The City shall establish a Miami 21 Public
Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing,
Public Parks and Open Space, and Green Building certification shortfall penalty made
under this section, The City Commission, upon the manager's recommendation, shall
annually decide the allocation of funds from the Trust Fund collected under this section.
All cash contributions thus allocated by the Commission to support affordable/ workforce
housing shall be deposited in the Affordable Housing Trost Fund for expenditures
pursuant to the guidelines adopted by the City COITIMiSS1011, All cash contributions thus
allocated by the Commission to support Parks and Open Space shall be deposited in the
Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code, to be
expended in accordance with the guidelines outlined therein,
3,14,4 For the purposes of the public benefits program, the following criteria shall apply:
a. Brickell City Centre Public Benefits, The One BCC building is eligible for the
bonus hei ht and Floor Lot Ratio benefits due to the, public benefits that the One
BCC building encompasses,
The Brickell CityCentre SAP Public Benefits are:
• 6111 Street/Miami Avenue Roundabout (land costs)
• 6th Street/Miami Avenue Roundabout (engineering and construction costs)
• Eastward expansion of Metrom.over Station and direct connection to Brickell
Avenue
• Active uses on SE 7th and SE 8 h Streets and improved efficiency of ground
floor
• Belowgrade connection under Metromover Station
• Enhancement to Plazas on Brickell Avenue and Climate Ribbon
The total costs of the public benefits for he Pro ect are above and beyond the
monetary mrpent 'which would be required under the Public Benefits Trust Fund
regulations of Miami 21,
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Proposed Section 804(v) and (vi) of Development Agreement, related to Public Benefit
(v)
The One BCC building is eligible for the bonus height and Floor Lot Ratio benefits due
to the public benefits that the One BCC building encompasses.
(vi) Public benefits resulting in .additional benefits are those in addition to the requirements
delineated in the Regulating Plan, Design Guidelines, and Section 3.9 of Miami 21, The
Brickell City Centre SAP Public Benefits, as defined in the Regulating Plan, are:
• 6th Street/Miami Avenue Roundabout
• 6th Street/Miarni Avenue Roundabout
• Eastward expansion of Metromover Station and direct connection to Brickell Avenue
• Active uses on SE 7th and SE 8th Streets and improved efficiency of ,ground floor
circulation enabled by underground loading
• Below -grade connection under Metrornover Station
• Enhancement to Plazas on Brickell Avenue and Climate .Ribbon
The total costs of the public benefits for the Project are above and beyond the monetary
payment which would be required under the Public Benefits Trust Fund regulations of
Miami 21,
"
Pz. 3 '4.) ij 3- .2144.4
(283917880)
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City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
vvww.miamigov.com
File Number: 11-00541da1 Enactment Number: 13441
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SECOND AMENDMENT TO A PREVIOUSLY -APPROVED
DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA
STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES,
AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES
TO THE PREVIOUSLY -APPROVED BRICKELL CITYCENTRE SPECIAL AREA
PLAN ("BCC SAP"), TO EXPAND THE BOUNDARIES TO APPROXIMATELY
SOUTHEAST 5TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH,
BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE
WEST, MIAMI, FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF
SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES
INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING,
CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES
AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING
T6-48B-O TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF
APPROXIMATELY 500 UNITS PER ACRE; AUTHORIZING AN INTENSITY
MEASURED BY FLOOR LOT RATIO OF 18; AUTHORIZING A MAXIMUM
BUILDING HEIGHT OF 1,049 FEET AND MAXIMUM PEDESTAL HEIGHTS OF
129 FEET AND 160 FEET FOR THE FIRST AND SECOND AMENDMENT
PROPERTIES, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, TO PERMIT THE CONSTRUCTION
OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT
CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17
OF THE CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE
OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Swire Properties, Inc. ("Swire") holds fee simple title to 67,620 square feet (±1,55
acres) of property in the Brickell area of downtown Miami, more specifically bounded by Southeast 7th
Street on the north, Southeast 8th Street on the south, the 8th Street Metro Mover right -of way to the
West, and Brickell Avenue on the East, hereinafter known as ONEBCC, and wishes to incorporate it
into the previously -approved Special Area Plan ("SAP") area for a new approximate total of (±)11.57
acres at approximately SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East,
and SW 1st Avenue to the West, Miami, Florida; and
WHEREAS, Section 3.9 of the Zoning Code of the City of Miami ("Miami 21") authorizes the
assembly and master planning of parcels greater than nine (9) abutting acres in size; and
WHEREAS, this process is referred to as an SAP; and
WHEREAS, pursuant to Section 3.9.1.f. of Miami 21, development within a SAP shall be
pursuant to a recorded development agreement; and
City of Miami Page 1 of 4 13441
File Number: 11-00541da1 Enactment Number: 13441
WHEREAS, Swire has submitted an application for a second amendment to a
previously -approved SAP to the City of Miami ("City") for the second amendment of the Brickell
CityCentre SAP ("Project"), and in association with that application, Swire has requested approval of a
second amendment to the Development Agreement pursuant to Chapter 163 of the Florida Statutes,
attached as Exhibit "A"; and
WHEREAS, the City and Swire wish for the development of the Project to proceed substantially
in accordance with the amended Regulating Plan and Design Guidelines; and
WHEREAS, the City and Swire wish for the development of the Project to conform with the
requirements of the Comprehensive Plan; and
WHEREAS, the Project is located in the Downtown Development of Regional Impact ("DDRI");
and
WHEREAS, as of the date of the Second Development Agreement, the DDRI has sufficient
development capacity to accommodate the Project and Swire intends to reserve such capacity with the
City; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing, escalate
the cost of housing and development, and discourage commitment to comprehensive planning; and
WHEREAS, assurance to the developer that it may proceed in accordance with existing laws
and policies, subject to the conditions of a development agreement, strengthens the public planning
process; and
WHEREAS, Swire and the City are finalizing the negotiation of the terms of the development
agreement;
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 reference and incorporated as if fully set forth in this Section.
Section 2, The amended Development Agreement, pursuant to Chapter 163 of the Florida
Statutes, between Swire and the City, relating to development of the approximately 11.57 acre Brickell
CityCentre site, is hereby approved.
Section 3. The Development Agreement is applicable only to property owned by Swire and
affiliated parties, subject to the development parameters set forth therein.
Section 4. The findings set forth in Section 9 of the Development Agreement are hereby
adopted by reference and incorporated as if fully set forth in this Section. The City Commission hereby
amends Chapters 54 and 55 of the City Code by waiving the requirements of said provisions as set
forth in Section 9 of the Development Agreement, subject to any conditions specifically included
therein. Said modifications to Chapters 54 and 55 of the City Code are expressly intended to permit
the construction of portions of the Project which encroach into public right-of-way and contain
commercial uses therein.
City of Miami Page 2 of 4 13441
File Number: 11-00541da1 Enactment Number: 13441
Section 5. The findings set forth in Sections 8 (c) and (d) of the Development Agreement
are hereby adopted by reference and incorporated as if fully set forth in this Section. The City
Commission hereby amends Chapters 17 of the City Code by waiving or modifying the requirements of
said provision as set forth in Sections 8 (c) and (d) of the Development Agreement, subject to any
conditions specifically included therein,
Section 6. The City Manager is authorized {1 } to execute the Development Agreement, in
substantially the attached form, for said purpose.
Section 7, 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 8. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {2}
Date: FEBRUARY 27, 2014
Mover: COMMISSIONER SARNOFF
Seconder: COMMISSIONER CAROLLO
Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND HARDEMON
ABSENT: 1 - COMMISSIONER(S) SUAREZ
Action: PASSED ON FIRST READING WITH MODIFICATIONS
Date: MARCH 27, 2014
Mover: COMMISSIONER SUAREZ
Seconder: COMMISSIONER SARNOFF
Vote: AYES: 3 - COMMISSIONER(S) SARNOFF, SUAREZ AND HARDEMON
ABSENT: 2 - COMMISSIONER(S) GORT AND CAROLLO
Action: ADOPTED WITH MODIFICATIONS
Date: APRIL 3, 2014
Action: SIGNED BY THE MAYOR
City of Miami Page 3 of 4 13441
File Number: 11-00541da1 Enactment Number: 13441
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Ordinance No. 13441, with attachments,
passed by the City Commission on 3/27/2014.
May 12, 2016
ity Clerk, Deputy Clerk (for Todd B. Hannon, Date Certified
City Clerk)
:1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten
days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 4 of 4 13441
City of Miami
Master Report
Enactment Number: 13441
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00541da1
Version: 2
File Type: Ordnance Status: Passed
Reference: Controlling Body: Office of the City
Clerk
File Name: Development Agnnt - Brickell City Centre 2nd Amendment Introduced: 12/13/2013
Requester: Cost:
Final Action: 3/27/2014
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A
SECOND AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT,
PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC.,
AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL
PROPERTIES TO THE PREVIOUSLY -APPROVED BRICKELL CITYCENTRE SPECIAL AREA
PLAN ("BCC SAP"), TO EXPAND THE BOUNDARIES TO APPROXIMATELY SOUTHEAST 5TH
STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST,
AND SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA; FOR THE PURPOSE OF
REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING
USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC,
EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC
SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT DESIGNATION;
AUTHORIZING A DENSITY OF APPROXIMATELY 500 UNITS PER ACRE; AUTHORIZING AN
INTENSITY MEASURED BY FLOOR LOT RATIO OF 18; AUTHORIZING A MAXIMUM
BUILDING HEIGHT OF 1,049 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND
160 FEET FOR THE FIRST AND SECOND AMENDMENT PROPERTIES, RESPECTIVELY;
AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO
PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY
AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17
OF THE CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE
AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Sponsors:
Notes:
Indexes:
Attachments: 11-00541dal CC 02-27-14 FR Fact Sheet.pdf,11-00541ap1 CC Legislation (Version 1).pdf,11-00541dal
CC 02-27-14 FR Exhibit A (Development Agreement).pd f,11-00541 da 1 CC 03-27-14 SR Fact
Sheet.pdf,11-00541da1 CC Legislation (Version 2).pdf,11-00541dal CC 03-27-14 SR Exhibit
(development agreement) SUB .pdf,11-00541da1-Submittal-Neisen Kasdin-modifications proposed.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To: Due Date: Return Date: Result:
1 Office of the City 2/26/2014 Review Pending
Attorney
City of Miami Page 1 Printed on 5/12/2016
City of Miami.
Master Report
Enactment Number: 13441
City Hall
3500 Pan American Drive
Miami, FL 33133
www,miamigov.com
City Commission
City Commission
Office of the Mayor
2/27/2014 PASSED ON FIRST
READING WITH
MODIFICATIONS
3/27/2014 ADOPTED WITH
MODIFICATIONS
4/3/2014 Signed by the Mayor Office of the City
Clerk
Office of the City Clerk 4/3/2014
Office of the City
Attorney
Signed and Attested
by City Clerk
3/18/2015 Reviewed and
Approved
Action Note: MODIFICATIONS MADE TO THE DEVELOPMENT AGREEMENT
Pass
Pass
City of Miami Page 2 Printed on 5/12/2016
This instrument Prepared by and
after Recording Return To;
T, Spencer Crowley, Esq,
Alterman LLP
1 SE Third Avenue, 25th Floor
Miami, FL 33131
6tiddiSiat 11.
1(t CPA
evt G%(jr_ `1/6- -
ctipor
SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN TZTF
CITY OF MIAMI, FLORIDA AND BRICKELL
CITY CENTRE PROJECT LLC AND 700
BRICKELL CITY CENTRE LLC, REGARDING
DEVELOPMENT OF THE BRICKELL CITY
CENTRE PROJECT .
TI-IIS AGREEMENT is entered this 2`77 day of ul , 2014, and/effective
as of the Twenty Seventh (27th) day of March, 2014, by and between BRICKALL CITY
CENTRE PROJECT, LLC, a Florida limited liability company and 700 BRIO, (ELL CITY
CENTRE, LLC, a Florida limited liability company (together known as "Sw}'ro"), and the
CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivis bn of the State
of Florida ("City") (Swim and the City together referred to as the "Parties"),
WITNESSETH;
WHEREAS, Swire held fee simple title to approximately nine (9)%acres of property in
the Bricicell area of downtown Miami ("Original Property"); and /
WHEREAS, the Original Property was more specifically locatied south of the Miami
River, west ofBrickell Avenue, north of SW 8th Street, and east ofNW ist Avenue; and
WHEREAS, the Original Property spanned four (4) city/blocks and was -located
between two (2) mass transit lines; and
WHEREAS, the Original Property was underutilizei in that it predominantly
consisted of vacant; undeveloped lots secured by chain link fen mg; and
WHEREAS, the status of the Original Property wa's inconsistent with the City's
vision to develop a world class downtown, and the. City wished to encourage redevelopment
of the Original Property; and •
WHEREAS, Swire wished to redevelop the Original Property as a higher
density, mixed -use, pedestrian oriented, urban development known as Bricicell City
Centre which would provide much needed retail for the Brickell and Downtown area of
Miami ("Project"); and
(29253569;1)
Duo 1 of24
WHEREAS, in order to maximize efficiency and design of the Project, Swire desired to
construct two (2) levels of underground parking; and
WHEREAS, a process exists within the City's zoning code ("Miami 21") which
allows parcels of more than nine (9) abutting acres to be master planned to allow greater
integration of public improvements and infrastructure, and greater flexibility so as to result in
higher or specialized quality building and streetscape design; and
WHEREAS, the result of this master planning process is known as a "Special Area
Plan" or "SAP"; and
WHEREAS, on July 28, 2011, the City approved an SAP for the Project; and
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City; and
WHEREAS, on October 24, 2011, Swire recorded a Development Agreement for the
Project; and
WHEREAS, on March 28, 2013, the City approved an amendment to the SAP for
the Project to include a olty block known as "N2" and also approved an Amended and
Restated Development Agreement; and
WHEREAS, on April 7, 2014, Swire recorded the Amended and Restated
Development Agreement for the Project; and
WHEREAS, Swire recently acquired additional property located between SE 7th
Street and SE 8tl' Street, lying west of Brickell Avenue, consisting of approximately 67,449
sq, ft, (1,55 acres); and
WHEREAS, the area known as "BCC Plaza" combined with the additional property
will be known as "One BCC;" and
WHEREAS, Swire is now the owner of all of the properties described in the original
Development Agreement dated October 24, 2011, the Amended and Restated Development
Agreement dated April 4, 2014, and the additional properties described herein ("Amended
Property," legal description of which is attached as Exhibit "A"); and
WHEREAS, the Ono BCC block has been rezoned from a mixture of T64813-O and T6-
48A-0 to the Brickell City Centre SAP with an underlying 'Fransect Zone of T6-48B-O; and
WHEREAS, the City and Swire wish to amend the Development Agreement and the
Amended and Restated Development Agreement for Brickell City Centre to include the One
BCC block in order to encourage redevelopment of the Amended Property and effectuate the
Project; and
{29253559;1}
Page 2 of 24
}
WHEREAS, this Second Amended and Restated Development Agreement
("Agreement") supersedes the Development Agreement whioh .was recorded on October 24,
2011 and also supersedes the Amended and Restated Development Agreement which was
recorded on April 7, 2014 and satisfies the requirement set forth in Miami 21; and
WHEREAS, the City and Swire wish for development of the Project to proceed
substantially in accordance with the Regulating Plan as amended and Design Guidelines
adopted on July 28, 2011, March 28, 2013, and March 27, 2014 and kept on file with the City
("Regulating Plaia and Design Guidelines"); and
WHEREAS, the Amended Property is designated Restricted Commercial, with an
Urban Central Business District Overlay, in the Miami Comprehensive
Neighborhood Plan ("Comprehensive Plan"); and
WHEREAS, the City and Swire wish for development of the Project to proceed in a
manner whioh is consistent with the Comprehensive Plan; and
WHEREAS, the Project is located in the Downtown Development of Regional Impact
("DDRI"); and
WHEREAS,.as of the Effective Date, the DDRI has sufficient development capacity to
accommodate the Project and Swire has reserved such capacity through appropriate means
with the City; and
WHEREAS, the lack of certainty in the approval of development can result in a waste
of economic and land resources, discourage sound capital improvement planning and
financing, escalate the cost of housing and development, and discourage cornmitment to
comprehensive planning; and
WHEREAS, assurance to a developer that it may proceed in accordance with
existing laws and policies, subject to the conditions of a development agreement, strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development,
encourages private participation in comprehensive planning, and reduces the economic costs
of development; and
WHEREAS, the City Conlnaisslon, pursuant to Ordinance No, 13441 adopted Marcia
27, 2014, has authorized the City Manager to execute this Agreement upon the terms and
conditions as set forth below; and
WHEREAS, the Boards of Directors have authorized Swire to execute this Agreement
upon the terms and conditions set forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein;
(29253569;1}
Pogo 3 of24
Section 1. Consideration, The Parties hereby agree that the consideration and
obligations recited and provided for under this Agreement constitute substantial benefits to
both Parties and thus adequate consideration for this Agreement,
Section 2, Rules of Legal Construction,
For all purposes of the Agreement, unless otherwise expressly provided:
(e)
(f)
A defined term has the meaning assigned to it;
Words in the singular include the plural, and words in the plural include the singular;
A pronoun in one gender includes and applies to other genders as well;
The terms "hereunder", "herein', "hereof", "hereto", and such similar terns shall refer
to the instant Agreement in its entirety and not to individual sections or articles;
The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or Swine, as all Parties are drafters of this Agreement; and
The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into the
Agreement; provided, however, that this Agreement shall be deemed to control in the
event of a conflict between the exhibits and this Agreement,
Section3, Definitions, Capitalized terms which are not specifically defined herein shall
have the meaning given in Miami 21,
"Agreement" means this Second and Restated Development Agreement Between
the City of Miami, Florida and Brickell City Centre Project, LLC and 700 Briokell
City Centre, LLC, Regarding Development of the Briokell City Centre Project.
"City" means the City of Miami, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies, and
instrumentalities subject to the jurisdiction thereof,
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2010), meeting the requirements of Section 163,3177, Florida
Statutes (2010), Section 163,3178, Florida Statutes (2010), and Section
163,3221(2), Florida Statutes (2010), which is in effect as of the Effective Date,
"County" means Miami -Dade County, a political subdivision of the State of
Florida,
(29253569;1)
Page 4 of 24
"Development" means the carrying out of any building activity, the malting of any
material change in the use or appearance of any structure or land, or the dividing of
land into three (3) or more parcels and such other activities described in Section
163,3221(4), Florida Statutes (2010).
"Effective Date" means March 27, 2014, the date the City Commission authorized
the City Manager to execute this Agreement,
"Existing Zoning". means the zoning designation and regulations of the Miami
21 Code, City Charter, and City Code in effect as of October 24, 2011 which
comprise the effective land development regulations governing development of the
Property as of the date of recordation of the original Development Agreement;
"Land" means the earth, water, and air above, below, or on the surface and
includes any improvements or structures customarily regarded as land,
"Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local, state, or federal government
affecting the development of land,
"Public Facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water,
educational, parks and recreational, streets, parking, and health systems and
facilities,
Section 4, Purpose. The purpose of this Agreement is for the City to authorize Swire
to develop the Project pursuant to the Brickell City Centre SAP, This Agreement will
establish, as of the Effective Date of this Agreement, the land development regulations
including the Existing Zoning, the Regulating Plan, and Design Guidelines, which together
will govern Development of the Project, thereby providing the Parties with additional
certainty during the Development prooess. This Agreement also satisfies Section 3,9,1,f.,
Miami 21,
Section 5, Intent, Swire and the City intend for this Agreement to be construed
and implemented so as to effectuate the purpose of the Brickell City Centre SAP, this
Agreement, the Comprehensive Plan and the Florida Local Government Development
Agreement Act, Section 163.3220 ti 163,3243, Florida Statutes (2010),
Section 6, Applicability, This Agreement only applies to the Project.
Section 7, Term of Agreement, Effective Date, and Binding Effect,, This Agreement
shall have a term of thirty (30) years from the Effective Date and shall be recorded in the
public records of Miami -Dade County and filed with the City Clerk. The term of this
Agreement may be extended by mutual consent of the Parties subjeot to a public hearing,
pursuant to Section 163,3225, Florida Statutes (2010), This Agreement shall become effective
on the Effective Date and shall oonstitute a covenant running with the land that shall be binding
{29253569;1}
Pap 5 of 24
upon, and inure to, the benefit of the Parties, their successors, assigns, heirs, legal
representatives, and personal representatives.
Section 8, Permitted Development, Uses, and Building Intensities,
(a)
(b)
(29253569;1)
i3ricke11 City Centre SAP Designation, The City has designated the
Amended Property as part of the Brickell City Centre SAP on the official
zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The
Regulating Plan and Design Guidelines are attached as Exhibit °13", In
approving the Brickell City Centre SAP, the City has determined that the uses,
intensities, and densities of Development permitted thereunder are consistent
with the Comprehensive Plan and the Existing Zoning,
Density, Intensity, Uses, and Building, heights,
(i)
As of the Effective Date and pursuant to the Brickell City Centre SAP, the
density proposed for the Amended Property shall not exceed 124 units per
acre, and the intensity proposed for the Amended Property is measured
by an aboveground Floor Lot Ratio which shall not exceed 18,0
(specifically excluding underground parking and circulation),
(ii) The non-residential Development permitted on the Amended Property
includes, but is not limited to, the following uses: office, hotel, retail,
entertainment, medical office, academic space, and any other uses
permitted by the Existing Zoning.
(iii) As of the Effective Date and pursuant to the Brickell City Centre SAP, the
maximum heights above mean level are:
• 1,049 feet for the One BCC block;
• 683 feet for all other blocks;
• 160 feet for the One BCC and N2 Pedestals;
• 129 feet .for all other Pedestals.
(iv) Nothing herein shall prohibit Swire frorn requesting an increase in the
density or intensity of Development permitted on the Amended Property,
as long as such increase in density or intensity is consistent with the
Comprehensive Plan, Existing Zoning, the SAP, and this Agreement as
it exists on the Effective Date,
(v) The One BCC building is eligible for the bonus height and Floor Lot
Ratio benefits due to the public benefits that the One BCC building
encompasses,
(vi) Public benefits resulting in additional benefits are those in addition to
the requirements delineated in the Regulating Plan, Design Guidelines,
Page 6 of 24
(0)
(d)
and Section 3,9 of Miami 21, The Bricicell City Centre SAP public
benefits, as defined in the Regulating Plan, are:
6th Street/Miami Avenue Roundabout
a Eastward expansion of Metromover Station and direct connection
to Bricicell Avenue
• Active uses on SE 7th and SE 8t1i Streets and improved efficiency of
ground floor circulation enabled by underground loading
▪ Below -grade connection under Metromover Station
• Enhancement to Plazas on Brickell Avenue and Climate Ribbon
The total costs of the public benefits for the Project are above and
beyond the monetary payment which would be required under the
Public Benefits Trust Fund regulations of Miami 21 and Chapter 62 of
the City Code.
Environmental, The City finds that the Project will confer a significant
net improvement upon the publicly accessible tree canopy in the area, The
City and Swire agree that Swire willcomply with the intent and requirements
of Chapter 17 of the City Code, Any tree replacement shall be within one (1)
mile radius of the Project, with an emphasis along 7th Street, 8C1i Street, and
South Miami Avenue, The City agrees to facilitate the permitting and planting
of replacement trees on all publicly owned properties in this area,
Archaeological, Because of the Project's location in a high probability
archaeological zone, Swire is required to obtain a certificate to dig prior to any
ground disturbing activities. However, in no case shall the City require
archaeological monitoring during excavation of the limestone bedrook,
Section 9, Connectivity and Activity within Public Right-ofWay,
(a)
(25253569;1)
Connectivity, A critical element to the success of the Project is above grade
and below grad.e connectivity between blocks and through public rights -of -way,
This connectivity should be encouraged both within the Project and
between the Project and abutting property. This connectivity will result in
ease of access, minimized pedestrian and vehicular conflicts, and reduction of the
Project's traffic impacts by permitting internalized traffic circulation. In order
to activate the above grade connections, Swire proposes to locate
commercial activity in this area.
Swire recognizes that such connectivity and commercial usage may require
approval of other governmental agencies such as Miami -Dade County and the
Florida Department of Transportation, The City finds and determines that
establishing such connectivity and commercial usage serves a public purpose,
and the City agrees to support Swire's efforts to obtain any authorization to
establish such connectivity and commercial usage.
PEago7 of24
The City finds that the authorization of such uses within the public rights -of -
way will have no adverse effects on the provision of natural light or
circulation of air, or increase the adverse effects resulting from fire,
floods, tornadoes, and hurricanes, It is further found that the presence of
such uses within the public rights -of -way shall in no way diminish access for
firefighting apparatus or rescue and salvage operations; diminish traffic,
transportation, and circulation; or adversely impact the advancement of the
safety, health, amenity, and general welfare within the City.
Given the public benefits conferred upon the City by the above -grade and
below -grade connectivity between blocks and across the public rights -of -
way, the provisions of Sec. 54-186 of the City Code, as amended, shall not
apply within the Brickell City Centre SAP,
(b) Construction of encroachments within the; Public Right -of -Way, The City finds
that the proposed encroachments do not unduly restrict the use of the public
rights -of -way and is a necessary and essential element in the construction of the
pedestrian walkways above the public rights -of -way and vehicular
underpasses below the same rights -of -way, The adoption of this Agreement
shall serve to satisfy the requirements set forth in Sec. 55-14(b) of the City
Code, as amended,
{29253569;i }
Further, this Agreement shall satisfy the requirements of Sec, 55-14(d) of the
City Code, as amended, In consideration for authorizing the construction of
the aforementioned encroachments, Swire further covenants to:
(i) Maintain the above -grade pedestrian walkways and below -grade vehicular
underpasses in accordance with the Florida Building Code, the City
Charter, the City Code, and any other applicable federal, state, and local
statutes, laws, rules, orders, and regulations,
(ii) • Provide an insurance policy, in an amount 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 right-of-
way, Should Swire fall to continue to provide the insurance coverage,
the City shall have the right to secure a similar insurance policy in its
name and place a special assessinent lien against all properties subject
to this Agreement for the total cost of the premium,
(iii) Swire 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
Page 8 of24
(e)
(c)
arise out of the granting of permission for the encroachment or any
activity performed under the terms of this Agreement,
Activity within the Public Right -of -Way, Notwithstanding the limitations
set forth in Sec, 54-1.86 of the City Code, as amended, the City shall
permit Foocl Service Establishment(s) and General Commercial uses, as defined
in Miami 21, in the above grade pedestrian walkways located within the
public right-of-way, following approval by SAP Permit,
(d) Extension of SE 1st Avenue/Brickell Plaza. Due to the public benefits of the
Project as enumerated in Section 8(b)(vi) of this Agreement, the extension of SE
1st Avenue/Brickell Plaza through the One BCC site, as originally contemplated
by Resolutions 83-1054 and 90-942, is no longer necessary as evidenced by
approval of the first Agreement on July 28, 2011, the first Amended Agreement
on March 28, 2013, and this Second Amended Agreement,
Easement, Insurance, and Indemnification, Swire has previously executed a
construction easement (see ORB 29039, Page 2266) with the City and included
insurance and indemnification language in said construction easement, The
language is incorporated into this Agreement by reference.
Section 10, Project Approval,
(a)
Future Development Review. Future Development within the Brickell City
Centre SAP shall proceed pursuant to the process established in the Regulating
Plan and Design Guidelines and shall be consistent with the Comprehensive
Plan, this Agreement, and the Brickell City Centre SAP,
(b) Prohibition on Downzoning,
(1)
(I)
(29253569;1}
The Comprehensive Plan, this Agreement, and the Brickell City Centre
SAP shall govern Development of the Amended Property for the
duration of the Agreement, The City's laws and policies adopted after
the Effective Date may be applied to the Amended Property only if the
determinations required by Section 163,3233(2), .Florida Statutes (2010)
have been made after thirty (30) days written notice to Swire and after a
public hearing,
Pursuant to Section 163,3233(3), Florida Statutes (201.0), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to Swire under Florida or Federal law, As a result, Swire may
challenge any subsequently adopted changes to land Development
regulations based on (A) common law principles including, but not
limited to, equitable estoppel and vested rights, or (B) statutory rights
which may accrue by virtue of Chapter 70, Florida Statutes (2010),
Page 9 of 2e1
(c) pevelopment of Regional Impact,
(i)
The City and Swire agree that as of the Effective Date, sufficient
capacity remains under the DDRI to acoomrnodate the Project and that
Swire has reserved the capacity necessary to develop the Project,
(ii) The City agrees that any DRI Development order which the City
adopts after the Effective Date and which applies to the Amended
Property will (A) be consistent with this Agreement and the Briekell
City Centre SAP and (B) 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,
(iii) The City agrees that if the Miami Downtown Development Authority
("DDA") decides to abandon, terminate, rescind, or otherwise render
ineffective the DDRI Development Order, Swire shall no longer be
responsible for payment of DDRI fees, Further, if the DDA decides to
abandon, terminate, rescind, or otherwise render ineffective the DDRI
Development Order, the City agrees to refund any payment of DDRI
fees made by Swire within twenty four (24) months of the decision to.
abandon, terminate, rescind, or otherwise render ineffective the DDRI
Development Order.
Section 11, Retail Specialty Center Designation and Entertainment Specialty District
Designation, Pursuant to Chapter 4 of the City Code, each block of the five -block
Project is designated as a retail specialty center and each block is designated as an
entertainment specialty district,
Any establishments located within the Project shall be entitled to the benefits afforded to
establishments in a retail specialty center and entertainment specialty district, as codified by
Chapter 4 of the City Code, Notwithstanding the requirements of Sec, 4-3.2 of the City Code,
PZAB and City Commission approval shall not be required for alcohol establishments as
principal uses proposed to be located within the Project,
Each alcohol establishment within the Project shall not count towards the maximum number of
establishments in the 13rickell Riverside Entertainment District, Each alcohol establishment
within the 13rickell Riverside Entertainment District shall not count towards the maximum
number of establishments within the Project.
The maximum number of establishments selling alcoholic beverages permitted within the
Project's retail specialty centers and entertainment specialty districts shall not exceed five (5) per
block, 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), However,
the maximum number of establishments classified as nightolubs (as defined by Chapter 4, Article
{29253569;1 }
Page 10.of 24
I of the City Code) shall not exceed two (2) per block, unless otherwise approved by an SAP
Permit,
The total number of alcohol establishrents (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) shall not exceed twenty-five (25) for the entire Project, The number of
approved establishments may be increased by amendment to this Agreement alter two (2) public
hearings before the City Commission,
Section 12, Job Creation, Swire shall consult with local 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,
Section 13, Local Development Permits,
(a)
(29253569;1)
The Development of the Amended Property in accordance with the
Existing Zoning is contemplated by Swire, The Project may require
additional perrnits or approvals from the City, County, State, or Federal
government and any divisions thereof, Subject to required legal process and
approvals, the City shall make a good faith effort to take all reasonable
steps to cooperate with and facilitate all such approvals, including acting
as an applicant or co -applicant when applicable, Such approvals include,
without limitation, the following approvals and permits and any successor or
analogous approvals and permits:
(i) Subdivision plat or waiver of plat approvals;
(ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrlative Covenant
acceptance or the release of existing unities or covenants;
(111) Building permits;
(iv) Certificates of use;
(v) Certificates of occupancy;
(vi) Stormwater Permits;
(vil) DDRI approval, modification, or exemption; and
(vili) Any other official action of the City, County, or any other
government agency having the effect of permitting Development of the
Project,
Page 11 of24
(b) In the event that the City substantially modifies its land Development
regulations regarding site plan approval procedures, authority to approve any
site plan for a projeot on one (1) of the Properties shall be vested solely in the City
Manager's designee(s), with the recommendation of the Planning Director and
other departments, as applicable. Any such site plan shall be approved if it
meets the requirements and criteria of the Existing Zoning, the Comprehensive
Plan, and the terms of this Agreement,
Section 14, Consistency with Comprehensive Plan, The City finds that Development of the
Amended Property in conformity with the Existing Zoning is consistent with the
Comprehensive Plan, As of the Effective Date, Swire is conducting an extensive analysis of
the Public Facilities available to servo the Project, In the event that the Existing Zoning or
the Comprehensive Plan requires Swire to provide additional Public Facilities to
accommodate the Project, Swire will provide such Public Facilities consistent with the
tithing requirements of Section 163,3180, Florida Statutes (2010), Swire shall be bound by
the City impact fees and assessments in existence as of the Effective Date of this
Agreement,
Section 15, Necessity of Complying with Local Regulations Relative to Development
Permits, Swire and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term., license, or restriction in effect on the Effective Date shall not
relieve Swire of the necessity of complying with the regulation governing said permitting
requirements, conditions., fees, terms, licenses, or restrictions,
Section 16, Reservation of Development Rights,
(a) For the terra of this Agreement, the City hereby agrees that it shall permit
the Development of the Amended Property in accordance with the
Existing Zoning, the Comprehensive Plan, and this Agreement,
(b) Nothing herein shall prohibit an increase in the density or intensity
of Development permitted on the Amended Property in a manner
consistent with (i) the Existing Zoning or the Comprehensive Plan, (ii)
any zoning change subsequently requested or initiated by Swire in
accordance with applicable provisions of law, or (ill) any zoning change
subsequently enacted by the City,
The expiration or termination of this Agreement shall not be considered a
waiver of, or limitation upon, the rights, including, but not limited to, any
claims of vested rights or equitable estoppel, obtained or held by Swire or its
successors or assigns to continue Development of the Amended Property in
conformity with Existing Zoning and all prior and subsequent Development
permits or Development orders granted by the City oonoerning this Project,
Section 17, Brickell Trolley, Swire acknowledges that the City is currently planning
to develop a trolley system which may traverse or abut the Project. Swire agrees to
(0)
{29253569 1)
Page 12 of24
cooperate with the City so that any portion of the trolley route which runs through or
adjacent to the Project can be accommodated within the dedicated public rights -of -way,
The City agrees to evaluate whether at least one (1) northbound and one (1) southbound
trolley stop can be incorporated into the Project,
Section 18, Annual Review,
(a)
Swire shall provide the City on an annual basis a status of the Project in
order for the City to conduct an annual review of the Development, This
requirement shall commence twelve (12) months after the Effective Date.
(b) During its annual review, the City may ask for additional information not
provided by Swire, Any additional information required of Swire during an
annual review shall be limited to that necessary to determine the extent to
which Swire is proceeding in good faith to comply with the terms of this
Agreement,
(c)
If the City finds on the basis of competent substantial evidence that Swire has not
proceeded in good faith to comply with the terms of the Agreement, the City may
terminate or amend this Agreement after providing 30 days written notice to
Swire and after a public hearing before the City Commission,
Section 19, Notices,
(a)
To the City:
All notices, demands, and requests which may or are required to be
given hereunder shall, except as otherwise expressly provided, be in
writing and delivered by personal service or sent by United States
Registered or Certified Mail, return receipt requested, postage prepaid, or by
overnight express delivery, such as Federal Express, to the Parties at the
addresses listed below, Any notice given pursuant to this Agreement shall be
deemed given when received, Any actions required to be taken hereunder
which fall on Saturday, Sunday, or United States legal holidays shall be deemed
to be performed timely when taken on the succeeding day thereafter which shall
not be a Saturday, Sunday, or legal holiday,
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
City Attorney
Miami Riverside Center
444 S,W, 2nd Avenue
9th Floor
{2925350;1)
PRge 13 of 24
To Swire:
With a copy to
Miami, FL 33130
Stephen Owens
501 Brickell Key Drive
Suite 600
Miami, FL 33131
Akerman LLP
Attn: Nelsen Kasdin
1 SE 3rd Avenue
25th Floor
Miami, FL 33131
(b) Any party to this Agreement may change its notification address(es) by
providing written notification to the remaining Parties pursuant to the terms
and conditions of this section,
Section 22. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto, that this Agreement shall be governed by the
laws of the State of Florida, and any applicable federal law, both as to interpretation and
performance, and that any action at law, suit In equity, or judicial proceedings for the
enforcement of this Agreement or any provision hereof shall be instituted only in the courts of
the State of Florida or federal courts and venue for any such actions shall lie exclusively in
a court of competent jurisdiction in Miami -Dade County, In addition to any other Iegal
rights, the City and Swire shall each have the right to specific performance of this
Agreement in court, Each party shall bear its own' attorney's fees. Each party waives any
defense, whether asserted by motion or pleading, that the aforementioned courts aro 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 23, Voluntary Compliance, Swire and the City agree that in the event all or any
part of this Agreement is struck down by judicial proceeding or preempted by legislative
action, Swire and the City shall continue to honor the terms and conditions of this
Agreement to the extent allowed by law.
Section 24, No Oral Change or Termination, This Agreement and the exhibits
and appendices appended hereto and incorporated herein by reference, if any, constitute the
entire Agreement between the Parties with respect to the subject matter hereof, This
Agreement supersedes any prior agreements or understandings between the Parties with
respect to the subject matter hereof, including but not limited to the original Development
Agreement recorded October 24, 2011 and the Amended and Restated Development
Agreement recorded April 7, 2014, and no change, modification, or discharge hereof in
whole or in part shall be effective unless such change, modification, or discharge is in writing
(29253569;1)
Page 14 ot'24
and signed by the party against whole enforcement of the change, modification, or discharge
is sought and recorded in the public records of the County, This Agreement cannot be
changed or terminated orally.
Section 25, Compliance with Applicable Law, Subject to the terms and conditions of
this Agreement, throughout the Term of this Agreement, Swire and the City shall comply
with all applicable federal, state, and local laws, rules, regulations, codes, ordinances,
resolutions, administrative orders, permits, policies and procedures, and orders that govern
or relate to the respective Parties' obligations and performance under this Agreement, all
as they may be amended from time to time,
Section 26, Representations; Representatives. Each party represents to the other that
this Agreement has been duly authorized, delivered, and executed by such party and
constitutes the legal, valid, and binding obligation of such party, enforceable in accordance
with its terms,
Section 27, No Exclusive Remedies, No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated, Wherever possible, the
remedies granted hereunder upon a default of the other party shall be cumulative and in
addition to all other remedies at law or equity arising from such event of default, except where
otherwise expressly provided.
Section 28, Failure to Exercise Rights not a Waiver; Waiver Provisions, The failure by either
party to promptly exercise any right arising hereunder shall not constitute a waiver of such
right unless otherwise expressly provided herein, No waiver or breach of any provision
of this Agreement shall constitute a waiver of any subsequent breach of the same or any other
provision hereof, and no waiver shall be effective unless made in writing,
Section 29, Events of Default,
(a) Swine shall be in default under this Agreement if Swire fails to perform or
breaches any term, covenant, or condition of this Agreement which is not cured
within thirty (30) days after receipt of written notice from the City specifying the
nature of such breach; provided, however, that if such breach cannot reasonably
be cured within thirty (30) days, then Swire shall not be in default if it commences
to cure such breach within said thirty (30) day period and diligently prosecutes
such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform or
breaches any term, .covenant, or condition of this Agreement and such failure is
not cured within thirty
(30) ) ) days after receipt of written notice from. a Swine
specifying the nature of such breach; provided, however, that if such breach
cannot reasonably be cured within thirty (30) days, the City shall not be in default
if it commences to cure such breach within said thirty (30) day period and
diligently prosecutes such Cure to completion,
(292535s9;1)
Pap 15 of 214
(0)
It shall not be a default under this Agreement if either party is declared bankrupt
by a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive suoh bankruptcy of either party, The Parties hereby forfeit any right
to terminate this Agreement upon the bankruptcy of the other party. This section
does not absolve Swire of any of its obligations pursuant to the City Code should
it declare bankruptcy, including but not limited to ensuring that all construction
sites, buildungs, structures, and excavation sites are safe,
(d) The default of a successor or assignee of any portion of Swine's rights hereunder
shall not be deemed a breach by Swire,
Section 30, Remedies Upon Default,
(a)
Neither party may terminate this Agreement upon the default of the other party,
but shall have all of the remedies enumerated herein,
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the applicable grace period, Swire and the City agree that any party may seek
specific performance of this Agreement, and that seeking specific performance
shall not waive any right of suoh party to also seek monetary damages, injunctive
relief, or any other relief other than termination of this Agreement, Each party
shall bear its own attorney's fees in any such action.
Section 31, Severability, limy term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect,
Section 32, Assignment and Transfer, This Agreement shall be binding on Swire and its
heirs, successors, and assigns, including the successor to or assignee of any Amended Property
Interest, Swire, at its sole discretion, may assign, in whole or in part, this Agreement or any of
its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder
of an Amended Property Interest without the prior written consent or any other approval of the
City, Any suoh assignee shall assume all applicable rights and obligations under this Agreement,
Any reference to Swire in this Agreement also applies to any heir, successor, or assignee of
Swire,
Section 33, Obligations Surviving Termination Hereof,. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful termination of this
Agreement, the following obligations shall survive such termination and continue in full force
and effect until the expiration of a one (i) year term following the earlier of the effective date of
such termination or the expiration of the Term; (I) the exclusive venue and choice of law
provisions contained herein; (li) rights of any party arising during or attributable to the period
prior to expiation or earlier termination of this Agreement; and (iil) 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,
(29253569;1)
Pege 1 G of'24
Section► 34, Lack of' Agency Relationship, Nothing contained herein shall be construed as
establishing an agency relationship between the City and Swire and neither Swine 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 Swine or its subsidiaries, divisions, or affiliates,
Section 35, Cooperation; Expedited Permitting; and Time is of the Essence,
(a)
The Parties agree to cooperate with each other to the full extent praotloable
pursuant to the terms and conditions of this Agreement, The Parties agree that
tirne is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this Agreement, The City shall use its best efforts to expedite the
permitting and approval process in an effort to assist Swire in achieving its
Development and construction milestones, The City will accommodate requests
from Swine's general contractor and subcontractors for review of phased or
multiple permitting packages, such as those for excavation, site work and
foundations, building shell, core, and interiors, In addition, the City Manager will
designate an individual who will have a primary (though not exclusive) duty to
serve as the City's point of contact and liaison with Swire in order to facilitate
expediting the processing and issuance of all permit and license applications and
approvals across all of the various departments and offices of the City which have
the authority or right to review and approve all applications for such permits and
licenses,
(b) Notwithstanding the foregoing, the City shall not be obligated to issue any permit
to the extent Swim does not comply with the applicable requirements of the
Existing Zoning, the Comprehensive Plan, this Agreement, applicable building
codes, and any other statute, ordinance, rule, or regulation,
Section 36, Enforcement,
(a) In the event that Swire, its successors, or assigns fails to act in accordance with
the terms of the Existing Zoning or this Agreement, the City shall seek
enforcement of said violation upon the subject Amended Property,
(b) Enforcement of this Agreement shall be by action against any Parties or person
violating, or attempting to violate, any covenants set forth In this Agreement, The
prevailing party in any action or suit pertaining to or arising out of this Agreement
shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the court may adjudge to be reasonable for the services of his/her/its
attorney,
(e) This enforcement provision shall be in addition to any other remedies available at
law, in equity, or both,
Section 37, Amendment or Termination by Mutual Consent This Agreement may not be
amended or terminated during its terra except by mutual written agreement of Swire and the
{29253569;1)
Pap 17 of 24
City Prior to any amendment or termination of this Agreement during its term, the City shall
hold two (2) public hearings before the City Commission to consider and deliberate such
amendment or termination, Any amendment or termination shall be recorded in the public
records of the County at Swine's sole cost,
Section 38, Third Party Defense, The City and Swire shall each, at their own cost and
expense, vigorously defend any claims, suits, or demands brought against them by third parties
challenging the Agreement or the Project, or objecting to any aspect thereof, including, without
limitation, (1) a consistency challenge pursuant to Section 163.3215, Florida Statutes (2010), (ii)
a petition for writ of certiorari, (1ii) an action for declaratory judgment, or (iv) any claims for
loss, damage, liability, or expense (including reasonable attorneys' fees). The City and Swire
shall promptly give the other written notice of any such action, including those that are pending
or threatened, and all responses, filings, and pleadings with respect thereto,
Section 39, No Conflict of Interest. Swire agrees to comply with Section 2-612 of the City
Code as of the Effective Date, with respect to conflicts of interest.
Section 40, No Third -Party Beneficiary, No persons or entities other than Swire and the City,
their heirs, permitted successors, and assigns, shall have any rights whatsoever under this
Agreement,
Section 41, Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
Section 42, Abutting Property Owners, The City and Swire have a mutual interest in ensuring
that construction of the Project proceeds in a manner which is respectful of and sensitive to
owners of property abutting the Project ("Abutting Owners"). In recognition of this concern,
during construction of the Project, Swire agrees to ensure that Abutting Owners are compensated
for any actual damages which directly result from accidental loss of utility service caused by
Swine, its contractors, or subcontractors.
Section 43. Status, Upon request from time to time by Swine, or its successor, assigns, or any
mortgagee of Swire, its successor, or assign, the City shall deliver to such requesting party a
letter (in recordable form, if requested) stating whether the obligations of Swire or its successor
or assign under this Agreement are current and in good standing or have been satisfied, In the
event Swire or .its successor or assign is not current hi its obligations or such. obligations are not
satisfied, said letter shall state the particular manner in which suoh person's obligations under this
Agreement are not ourrent and in good standing or have not yet been satisfied,
Section 44. Estoppel, Within ninety (90) days of receipt of written request from a Developer.
party, the City Manager or his designee, on behalf of the City, shall execute an estoppel
certificate or similar document, in form and substance reasonably acceptable to the City
Attorney, affirming Swire's compliance with the conditions set forth in the Agreement, Should
the City fail to execute the requested estoppel certificate within the aforementioned time period,
the City's non -response shall be presumed to indlcate Swine's compliance with the terms of the
Agreement,
(29253569;1)
Page 18 of'24
NOW, WHEREOF, the City and Swire have caused this .agreement to be duly executed,
(29253569;1)
[Signature blocks for City and Swire on next page]
Page 19 af'24
ATTEST:
Print Name: 0 Ci.,( /CA Z 6 6'7' 6RG,I04,A(..0
ATTEST:
OUM
Print Name: IVAy1)16A1 //void
ATTEST:
Tod 1 annn, City Clerk
APPROVED AS TO FORM AND
COFkCTNE S;
IL
Victoria Mende
City Attorney
{292535691)
BRTCKELL CITY CENTRE PROJECT,
LLC, a Florida limited liability company as
Trustee under Ta d Trust No, BCC-2012
BY:
- ,
Print Name \'(;0
Title: •
(Authorizel Corpora Officer)
Trustee exeoutes this instrument solely as
Trustee under Land Trust No, BCC-2012
and not individually and no personal
recovery or judgment shall ever be sought
or obtained against Trustee by reason
hereof,
700 BRICKELL CITY CENTRE, LEC,a
Florida limited,liability company
)
e"
B Y: -,
Print Name Ch -
.,, V"
Title: (
(Authorized p,p ate Offioer)
CITY OF MIAMI, a municipal corporation
BY:
Daniel J. Al; ity Manager
Page 20 of 24
Exhibit "A" (to Development Agreement)
Legal Description of the Amended Property
Briokell City Centre One BCC
LOT 1, LESS THE EASTERLY 5 FEET THEREOF, BLOCK 106A, OF MARY
BRICKELL'S ADDITION TO THE MAP OF MIAMI, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK ''B", PAGE 113, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
TOGETHER WITH;
LOTS 2, LESS THE EASTERLY 5 FEET THEREOF, AND ALL OF LOTS 3, 4, 12, 13,
BLOCK 106A, OF MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK "B", PAGE
113, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
TOGETHER WITH:
LOTS 14 AND 15, OF BLOCK 106A, OF MARY BRICKELL'S ADDITION TO THE
MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B", PAGE 113, OF TFIE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA;
LESS AND EXCEPT THEREFROM THAT PART THEREOF CONVEYED TO THE
CITY OF MIAMI FOR STREET AND SIDEWALK PURPOSE PURSUANT TO THAT
WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1790, PAGE 604, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY THEREIN DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEASTERLY CORNER OF LOT 15, BLOCK 106A, OF THE AMENDED MAP OF
BRICKELL'S ADDITION TO THE, MAP OF MIAMI, ACCORDING TO THE PLAT
THEREOF, AS RECORDED TN PLAT BOOK "B", AT PAGE 113, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN SOUTHWARDLY
ALONG THE EASTERLY LINE OF LOTS 15 AND 14 OF SAID BLOCK. 106A FOR A
DISTANCE OF 138 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF
SAID LOT 14; THENCE RUN WESTWARDLY ALONG THE SOUTHERLY LINE OF
SAID LOT 14 FOR A DISTANCE OF 30 FEET TO A POINT; THENCE RUN
EASTWARDLY, NORTHEAS'TWARDLY AND NORTHWARDLY ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25 FEET, THROUGH A
CENTRAL ANGLE OF 89°5950" WITH AN ARC DISTANCE OF 39,27 FEET TO A
POINT OF 'TANGENCY; THENCE RUN NORTHWARDLY ALONG A LINE 5 FEET
WEST OF AND. PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 14 AND 15
FOR A DISTANCE OF 113 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY LINE OF SAID LOT 15; THENCE RUN EASTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 15 FOR A DISTANCE OF 5 FEET TO THE POINT
{29253569;1)
Pno21 of24
OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE
COUNTY, FLORIDA,
AND TOGETHER WITH;
LOTS 5, 6, 8, 8 1/2, 9, 10 AND 11, BLOCK 106A, "AMENDED MAP OF BRICKELLS
ADDITION TO THE MAP OF MIAMI", ACCORDING TO TIIE PLAT THEREOF AS
RECORDED IN PLAT BOOK "B", PAGE 113 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, LESS THEREFROM A PORTION OP THE SOUTH 10 FEET OF
SAID LOT 9 (AS DEEDED TO THE CITY OF MIAMI IN OFFICIAL RECORDS BOOK
10551, PAGE 1004, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA), SAID
PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 9, SAID
POINT OF BEGINNING BEING ALSO ON THE NORTH RIGHT-OF-WAY LINE OF
S,E, 8TH STREET; THENCE, ALONG THE WEST LINE OF SAID LOT 9, N,0°07'30"E,
FOR 10.00 FEET TO ITS INTERSECTION WITH THE NORTH BASE BUILDING LINE
OF SAID S.E. 8TH STREET; THENCE, ALONG SAID BASE BUILDING LINE, EAST
FOR 10,61 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY
EXTENSION OF THE SOUTH LINE OF BLOCK 106A; THENCE, ALONG SAID
SOUTH LINE OF SAID BLOCK 106A, S.74°39'31 "E. FOR 37,80 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WA.Y LINE OF SAID S,E, 8TH STREET; THENCE,
ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE SOUTH LINE OF SAID LOT
9, WEST FOR 47,08 FEET TO THE POINT OF BEGINNING,
(29253569;1)
Pago22 of 24
EXHIBIT "B" (to Development .Agreement)
INSURANCE REQUIREMENTS
BRICKELL CITY CENTRE PROJECT LLC-SWIRE
Commercial General Liability (Primary & Non Contributory)
A, Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit S2,000,000
Products/Completed. Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent & Contractual Liability
Premises & Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A, Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident
B, Endorsements Required
City of Miami listed as an additional insured
III, Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
(29253569;1)
Page 23 °N24
1,000,000
This instrument Prepared by and
after Recording Return To:
T, Spencer Crowley, Esq,
Alcennan LLP
1 SE Third Avenue, 25th Floor
Miami, FL 33131
SECOND AMENDED AND RESTATE
DEVELOPMENT AGREEMENT BETWEEN TIM
CITY OF MIAMI, FLORIDA AND BRICILL
CITY CENTRE PROJECT LLC AN e/ 700
BRICKELL CITY CENTRE LLC, REG ' I► ING
DEVELOPMENT OF THE BRICKEL CITY
CENTRE PROJECT
THIS AGREEMENT is entered this day of / , 2014, and effective
as of the Twenty Seventh (27th) day of March, 2014,/by and between BRICKELL CITY
CENTRE PROJECT LLC, a Florida for profit co/potation and 700 BRICKELL CITY
CENTRE LLC (together known as "Swire"), and/the CITY OF MIAMI, FLORIDA, a
municipal corporation and a political subdivision pf the State of Florida (City) (Swire and
the City together referredto as the "Parties"),
WITN'SSETH:
WHEREAS, Swire held fee simple/title to approximately nine (9) acres of property in
the Brickell area of downtown Miami ("priginal Property"); and
WHEREAS, the Original Property was more specifically located south of the Miami
River, west of Brickell Avenue, nor rh�of SW 8tli Street, and east of NW 1st Avenue; and
WHEREAS, the Origina Property spanned four (4) city blocks and was located
between two (2) mass transit lines; and
WHEREAS, the Original Property was currently underutilized in that it
predominantly consisted of
4cant, undeveloped lots secured by chain link fencing; and
WHEREAS the tatu:s of the Original Property
g per y was inconsistent with the City s
vision to develop a wo RI class downtown, and the City wished to encourage redevelopment
of the Property; and /
WHEREAS, Swire wished to redevelop the Original Property as a higher
density, mixed- se, pedestrian oriented, urban development known as Brickell City
Centre which w'uld provide much needed retail for the Brickell and Downtown area of
Miami ("Proje "); and
1
WHEREAS, in order to maximize efficiency and design of Briekell City Centre, Swire
desired to construct two (2) levels of underground parking; and
WHEREAS, a process existed within the City's zoning code ("Miami 21") which
allows parcels of more than nine (9) abutting acres to be master planned to allow greater
integration of public improvements and infrastructure, and greater flexibility so as to resu4t in
higher or specialized quality building and streetscape design; and
i
WHEREAS, the result of this master planning process is known as a "Spec,fai Area
Plan" or "SAP"; and
WHEREAS, on July 28, 2011, the City approved an SAP for the Project;,and
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City; and
WHEREAS, on October 24, 2011, Swire recorded a Development (greement for the
Project; and
WHEREAS, on March 28, 2013, the City approved an amends dent to the SAP for
the Project to include a city block known as "N2" and also approved an amended
Development Agreement; and
WHEREAS, on , , Swire recorded. the Amended and Restated
Development .Agreement for the Project; and
WHEREAS, Swire recently acquired additional propert located between SE 7tn
Street and SE 8th Street, lying west of Brickell Avenue and lyii east of the "BCC Plaza"
site, known as "One BCC", consisting of approximately 67,449 s4. ft, (1.55 acres); and
WHEREAS, Swire is now the owner of all of the propeties described in the original
Development Agreement dated October 24, 2011, the Amend d and Restated Development
Agreement dated , 2014 and the additional properties described herein
("Amended Property," sketch and legal descriptions of whit i are attached as Exhibit "A");
and
WHEREAS, the One BCC block has been rezoned from a mixture of T6-48B-O and T6-
48A-O to the Biickell City Centre SAP with an underlying Transect Zone of T6-48B-O; and
WHEREAS, the City and Swire wish to amend the Development Agreement for Brickell
City Centre to include the One BCC block in order to encourage redevelopment of the Amended.
Property and effectuate the Project; and
WHEREAS, this Amended and Restated Development Agreement ("Agreement")
supersedes the Development Agreement which was recorded on October 24, 2011 and also
2
supersedes the Amended and Restated Development Agreement which was recorde on
, 20_ and satisfies the requirement set forth in Miami 21; and
WHEREAS, the City and Swire wish for development of the Project to proceed
substantially in accordance with the Regulating Plan as amended and Design Gui elines
adopted on July 28, 2011, March 28, 2013, and March 27, 2014 and kept on file with e City
and known as 11-00380ap and 11-00380ap1 ("Regulating Plan and Design Guideline/:e "); and
WHEREAS, the Amended Property is designated Restricted Conm ercia/ with an
Urban Central Business District Overlay, in the Miami Comprehensive
Neighborhood. Plan. (Comprehensive Plan"); and
WHEREAS, the City and Swire wish for development of the ,Proj ect tproceed in a
manner which is consistent with the Comprehensive Plan; and
WHEREAS, the Project is located in the Downtown Development o /Regional Impact
("DDRI"); and
WHEREAS, as of the Effective Date, the DDRI has sufficient development capacity to
accommodate the Project and Swire has reserved such capaeity throu appropriate means
with. the City; and
WHEREAS, the lack of certainty in the approval of developn�nt can result in a waste
of economic and land resources, discourage sound capital imp ovement planning and
financing, escalate the cost of housing and development, and di courage commitment to
comprehensive planning; and
WHEREAS, assurance to a developer that it may pi oceed .in accordance with
existing laws and policies, subject to the conditions of a develop dent agreement, strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development,
encourages private participation in comprehensive planning, (id reduces the economic costs
of development; and
WHEREAS, the City Commission, pursuant to Ordi ante No. adopted March
27, 2014, has authorized the City Manager to execute this Agreement upon the terms and
conditions as set forth below; and
WHEREAS, the Boards of Directors have authorized Swire to execute this Agreement
upon the terms and conditions set forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
3
Section 1. Consideration. The Parties hereby agree that the consideration and
obligations recited and provided for under this Agreement constitute substantial benefits to
both Parties and thus adequate consideration for this Agreement.
Section 2, Rules of Legal Construction,
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b)Words in the singular include theplural, and words inplural include t:he sin ula ';
g g ��
(c)
A pronoun in one gender includes and applies to other genders as well;/
(d) The terms "hereunder", "herein", "hereof', "hereto", and such similar term shall refer
to the instant Agreement in its entirety and not to individual sections or acles;
(e)
(f)
The Parties hereto agree that this Agreement shall not be more stri&tly construed
against either the City or Swire, as all Parties are drafters of this Agree lent; and
The recitals are true and correct and are incorporated into and rn. de a part of this
Agreement. The attached exhibits shall be deemed adopted andi c
.orporated into the
Agreement; provided, however, that this Agreement shall be deemed to control in the
event of a conflict between the exhibits and this Agreement.
Section 3, Definitions. Capitalized terms which are not specifically defined herein shall
have the meaning given in Miami 21.
"Agreement" means this Agreement between the. City and Swire,
"City" means the City of Miami, a municipal co'poration and a political
subdivision of the State of Florida, and all departments, agencies, and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the/City pursuant to Chapter 163,
Florida Statutes (2010), meeting the requirements of Section 163.3177, Florida
Statutes (2010), Section 163.3178, Florida Statutes (2010), and Section
163.3221(2), Florida Statutes (2010), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of
4
land into three (3) or more parcels and such other activities described in Section
163.3221(4), Florida Statutes (2010),
"Effective Date" is the date of recordation of the executed version of this,
Agreement.
"Existing Zoning" means the zoning designation and regulations of the Mimi
21 Code, City Charter, and City Code in effect as of October 24, 2011 w rch.
comprise the effective land development regulations governing developmentf the
Property as of the date of recordation of the original Development Agreement,
"Land" means the earth, water, and air, above, below, or on the surfce and
includes any improvements or structures customarily regarded as land.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local or state government f.'fecting the
development of land.
Section 4, Purpose. The purpose of this Agreement is for the City to aui. rorize Swire
to develop the Project pursuant to the Brickell City Centre SAP, This (greement will
establish the land Development regulations, referred. to as the "Existing Zoning" which will
govern Development of the Project, thereby providing the Parties with ad 1itional certainty
during the Development process. This Agreement also satisfies Section 3.9, .f,, Miami 21,
Section 5, Intent. Swire and the City intend for this Agreemen to be construed
and implemented so as to effectuate the purpose of the Brickell Ci Centre SAP, this
Agreement, the Comprehensive Plan and the Florida Local Gover went. Development
Agreement Act, Section 163.3220 - 163.3243, Florida Statutes (2010), Existing Zoning, and
City Code,
Section 6. Applicability. This Agreement only applies to the Project.
Section 7. Term of Agreement, Effective Date, and Bindin Effect, This Agreement
shall have a term of thirty (30) years from the Effective Date a d shall be recorded in the
public records of Miami -Dade County and filed with the ' Cy Clerk, The term of this
Agreement may be extended by mutual consent of the PartieVsubject to a public hearing,
pursuant to Section 163.3225, Florida Statutes (2010), This Age Bement shall become effective
on the Effective Date and shall constitute a covenant running with the land that shall be binding
upon, and inure to, the benefit of the Parties, their su cessors, assigns, heirs, legal
representatives, and personal representatives.
Section 8. Permitted Development Uses, and Building Intensities,
Brickell City Centre SAP Designation, The City has designated the
Amended Property as Brickell City Centre SAP on the official zoning Atlas of
the City, pursuant to the applicable procedures in Miami 21. The Regulating
(a)
5
(b)
(c)
(d)
Plan and Design Guidelines are attached as Exhibit "B". In approving the
Brickell City Centre SAP, the City has determined that the uses, intensities, and
densities of Development permitted thereunder are consistent with the
Comprehensive Plan and the Existing Zoning.
Density, Intensity, Uses, and Building Heights.
(i)
As of the Effective Date and pursuant to the Brickell City Centre SAP, tie
density proposed for the Amended Property is approximately 124 u its
per acre, and the intensity proposed for the Amended Propert! is
measured by an above -ground Floor Lot Ratio of approximately /18.0
(specifically excluding underground parking and circulation).
(ii) The non-residential Development perznnitted on the Amended P /operty
includes, but is not limited to, the following uses: office, hotel/ retail,
entertainment, medical office, academic space, and any oti}er uses
permitted by the Existing Zoning.
(iii) As of the Effective Date and pursuant to the Brickell City Cent �e S.AP, the
maximum height proposed for the Project is 1,049 feet (abo e mean sea
level), and the maximum height proposed for the Pedestal is 160 feet for
the One BCC and N2 blocks and 129 feet for all other blocks.
(iv) Nothing herein shall prohibit Swire from requesting an/ncrease in the
density or intensity of Development permitted on the Ai ended Property,
as long as such increase in density or intensity is c sistent with the
Comprehensive Plan, Existing Zoning, the SAP, and t 1is Agreement as
it exists on the Effective Date.
Environmental. The City finds that the Project will onfer a significant
net improvement upon the publicly accessible tree ca opy in the area. The
City and Swire agree that Swire will comply with the i tent and requirements
of Chapter 17 of the City Code, Any tree replaceme shall be within one (1)
mile of the Project, with an emphasis along 7th Str et, 8th Street, and South
Miami Avenue. The City agrees to facilitate the emitting and planting of
replacement trees on all publicly owned properties in his area.
Archaeological. Because of the Project's loca /ion in a high probability
archaeological zone, Swire is required to obtain certificate to dig prior to any
ground disturbing activities. However, in n case shall the City require
archaeological monitoring during excavation f the limestone bedrock.
Section 9, Connectivity and Activity within Public Right -of -Way.
(a)
Connectivity. A critical element to the success of the Project is above grade
and below grade connectivity between blocks and through public rights -of -way.
6
This connectivity should be encouraged both within the Project and
between the Project and abutting property. This connectivity will result in
ease of access, minimized pedestrian and vehicular conflicts, and reduction of the
Project's traffic impacts by permitting internalized traffic circulation. In order
to activate the above grade connections, Swire proposes to locate
commercial activity in this area.
Swire recognizes that such connectivity and commercial usage may requi3(e
approval of other governmental agencies such as Miami -Dade County and the
Florida Department of Transportation. The City finds and determines that
establishing such connectivity and conunercial usage serves a public pui ose,
and the City agrees to support Swire's efforts to obtain any authorization to
establish such connectivity and commercial usage.
The City finds that the authorization of such uses within the public -ight-of-
way will have no adverse effects on the provision of natura light or
circulation of air, or increase the adverse effects resulting roiu fire,
floods, tornadoes, and hurricanes. It is further found that the presence of
such uses within the public rights -of -way shall in no way dimin}}/sh access for
firefighting apparatus or rescue and salvage operations; d`ininish traffic,
transportation, and circulation; or adversely impact the adv fieement of the
safety, health, amenity, and general welfare within the City.
Given the public benefits conferred upon the City by te above -grade and
below -grade connectivity between blocks and across the public rights -of -
way, the provisions of Sec. 54-186 shall not apply wi 'fiin the Brickell City
Centre SAP. /
(b) Construction of encroachments within the Public Right -of -'Way. The City finds
that the proposed encroachments do not unduly restiict the use of the public
right-of-way and is a necessary and essential eleme t in the construction of the
pedestrian walkways above the public rig., is -of -way and vehicular
underpasses below the same rights -of. --way. The adoption of this Agreement
shall serve to satisfy the requirements set fort in Sec. 55-14(b) of the City
Code. /
Notwithstanding the requirements of Sec, 55-14(c) of the City Code, the City
agrees to waive any and all claims to payment of a user fee in coriection with the
construction of the aforementioned encroachments into the public rights -of -
way.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the
City Code. In consideration for authorizing the construction of the
aforementioned encroachments and in anticipation of the amended SAP being
approved and adopted by the City Commission in the spring of 2014, Swire
further covenants to:
7
(c)
(i)
Maintain the above -grade pedestrian walkways 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.
(ii) Provide an insurance policy, in an amount determined by the City's
Risk Management Department, naming the City as an additional inured
for public liability and property damage. The insurance shall remain in
effect for as long as the encroachment(s) exist in the public right-of-
way. Should Swire fail to continue to provide the insurance civerage,
the City shall have the right to secure a similar insurance po. icy in its
name and place a special assessment lien against the owners abutting
Swire and all properties subject to this Agreement for e total cost
of the premium.
(iii) Swire 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 ped=strian walkways
and vehicular underpasses and from and against any claims which may
arise out of the granting of permission for the en roachment or any
activity performed under the terms of this Agreeme t.
Activity within the Public Right -of -Way. Notwithsta ding the limitations
set forth in Sec. 54-186 of the City Code, the Ci shall permit Food
Service Establishment(s) and General Commercial uses, s defined in Miami 21,
in the above -grade pedestrian walkways located within the public right-of-
way, following approval by SAP Permit,
(d) Extension of SE 1st Avenue/Brickell Plaza. Due to the public benefits of the
Project as enumerated in Section. 8(b)(5) of this Agr ement, the extension of SE
1st Avenue/Brickell Plaza through the One BCC sit , as originally contemplated
by Resolutions 83-1054 and 90-942, is no longe necessary as evidenced by
approval of the first Agreement on July 28, 2011, i he first Amended Agreement
on March 28, 2013 and this Second Amended Ag eement,
Easement, Insurance, and Indemnification. S ire has previously executed a
construction easement with the City's Public orks Department and included
insurance and indemnification language in said construction easement, The
language is incorporated into this Agreement ,iy reference.
(e)
Section 10, Project Approval.
(a)
Future Development Review, Future Development within the Brickell City
Centre SAP shall proceed pursuant to the process established in the Regulating
8
(b)
Plan and Design Guidelines and shall be consistent with the Comprehensive
Plan, this Agreement, and the Brickell City Centre SAP.
Prohibition on Downzoning.
(i) The Comprehensive Plan, this Agreement, and the Brickell City Centre
SAP shall govern Development of the Amended Property for the
duration of the Agreement. The City's laws and policies adopted afte
the Effective Date may be applied to the Amended Property only if t e
determinations required by Section 163.3233(2), Florida Statutes (2/ 0)
have been made after thirty (30) days written notice to Swire and after a
public hearing.
(i)
Pursuant to Section 163,3233(3), Florida Statutes (2010), this pribition
on downzoning supplements, rather than supplants, any rights that may
vest to Swire under Florida or Federal law. As a result, , wire may
challenge any subsequently adopted changes to land Development
regulations based on (A) common law principles inclu ing, but not
limited to, equitable estoppel and vested rights, or (B) atutory rights
which may accrue by virtue of Chapter 70, Florida Statut s (2010).
(c) Development of Regional Impact.
(i) The City and Swire agree that as of the Effective Date, suffieient
capacity remains under the DDRI to accommodate the Project and that
Swire has reserved the capacity necessary to develop the Project.
(ii) The City agrees that any DRI Development order which the City
adopts after the Effective Date and which . pplies to the Amended
Property will .(A) be consistent with this Agr, •ement and the Brickell
City Centre SAP and (B) include a Use/Inifensity conversion table to
allow for a reasonable level of flexibility w' la respect to the mix and
intensity of uses in order to respond to c anging market conditions.
(iii) The City agrees that if the Miami Dow own Development Authority
("DDA") decides to abandon, terminat rescind, or otherwise render
ineffective the DDRI Development O der, Swire shall no longer be
responsible for payment of DDRI fee . Further, if the DDA decides to
abandon, terminate, rescind, or other ise render ineffective the DDRI
Development Order, the City agrees to refund any payment of DDRI
fees made by Swire within twenty our (24) months of the decision to
abandon, terminate, rescind, or otherwise render ineffective the DDRI
Development Order.
Section 11, Retail Specialty Center Designation and Entertainment Specialty District
Designation. Pursuant to Chapter 4 of the City. Code, each block of the five -block
9
Project is designated as a retail specialty center and each block is designated as an
entertairunent specialty district,
Any establishments located within the Project shall be entitled to the benefits afforded to
establishments in a retail specialty center and entertainment specialty district, as codified by
Chapter 4 of the City Code. Notwithstanding the requirements of Sec, 4-3,2 of the City Code
PZAB and City Commission approval shall not be required for alcohol establishments s
principal uses proposed to be located within the Project.
Each alcohol establishment within the Project shall not count towards the maximum numbs of
establishments in the Brickell Riverside Entertainment District. Each alcohol establish ment
within the Brickell Riverside Entertainment District shall not count towards the ma inauni
number of establishments within the Project.
The maximum number of establishments selling alcoholic beverages permitted within the
Project's retail specialty centers and entertainment specialty districts shall not exceed ive (5) per
block, exclusive of any bona fide, licensed restaurants where the sale of alcoholic - everages is
entirely incidental to and in conjunction with the principal. sale of food (e.g. bona de, licensed.
restaurants with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX or equivalent livens ). However,
the maximum number of establishments classified as nightclubs (as defined by Ch. ter 4, Article
l of the City Code) shall not exceed two (2) per block, unless otherwise appro ed by an SAP
Permit.
The total number of alcohol establishments (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) shall not exceed twenty-five (25) for the entire SA n , The number of
approved establishments may be increased by amendment to this Agreement before the City
Commission,
Section 12, Job Creation, Swire shall consult with local and state e.onomic Development
entities regarding job training and job placement services to City reside is seeking employment
opportunities with potential employers which will locate or establish business within the
Project.
Section 13. Local Development Permits,
(a) The Development of the Amended Property in accordance with the
Existing Zoning is contemplated by Swire. The Project may require
additional permits or approvals from the City, County, State, or Federal
government and any divisions thereof, Subject to required legal process and
approvals, the City shall. make a good faith (fort to take all reasonable
steps to cooperate with and facilitate all su l h approvals, including acting
as an applicant when applicable. Such appro als include, without limitation,
the following approvals and permits and any successor or analogous approvals
and permits:
10
(i)
Subdivision plat or waiver of plat approvals;
(ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrictive Covenant
acceptance or the release of existing unities or covenants;
(iii) Building permits;
(iv) Certificates of use;
(v) Certificates of occupancy;
(vi) Stonnwater Permits;
(vii) DDRI approval, modification, or exemption; and
(vine Any other official action of the City, County, or any other
government agency having the effect of permitting Developme t of the
Project.
(b) In the event that the City substantially modifies its land Development
regulations regarding site plan approval procedures, authority to pprove any
site plan for a project on one (1) of the Properties shall be vested sol ly in the City
Manager, with the recommendation of the Planning Director, ny such site
plan shall be approved if it meets the requirements and criteria of the Existing
Zoning, the Comprehensive Plan, and the terms of this Agreem nt,
Section 14. Consistency with Comprehensive Plan. The City finds that D velopment of the
Amended Property in conformity with the Existing Zoning is consistent with the
Comprehensive Plan, As of the Effective Date, Swire is conducting an tensive analysis of
the Public Facilities available to serve the Project. In the event that th , Existing Zoning or
the Comprehensive Plan requires Swire to provide additional Public Facilities to
accommodate the Project, Swire will provide such Public Faciliti s consistent with the
timing requirements of Section 163.3180, Florida Statutes (2010). (wire shall be bound by
the City impact fees and assessments in existence as of the Effective Date of this
Agreement.
Section 15. Necessity of Complying with Local Regulations Relative to Development
Permits. Swire and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not
relieve Swire of the necessity of complying with the regulation governing said permitting
requirements, conditions, fees, terms, licenses, or restrictions.
Section 16, Reservation of Development Rights.
11
(a) For the term of this Agreement, the City hereby agrees that it shall permit
the Development of the Amended Property in accordance with the
Existing Zoning, the Comprehensive Plan, and this Agreement.
(b) Nothing herein shall prohibit an increase in the density or inte sity
of Development permitted on the Amended Property in a in nner
consistent with (i) the Existing Zoning or the Comprehensive Pla. , (ii)
any zoning change ' subsequently requested or initiated by S ire in
accordance with applicable provisions of law, or (iii) any zonings change
subsequently enacted by the City.
The expiration or termination of this Agreement shall not be Vonsidered a
waiver of, or limitation upon, the rights, including, but not lir•iited to, any
claims of vested rights or equitable estoppel, obtained or held y Swire or its
successors or assigns to continue Development of the Amen : ed Property in
conformity with Existing Zoning and all prior and subsequ-nt Development
permits or Development orders granted by the City concerning his Project.
Section 17, Erickell Trolley, Swire acknowledges that the City is currently planning
to develop a trolley system which may traverse or abut the Proje/At. Swire agrees to
cooperate with the City so that any portion of the trolley route w i eh runs through or
adjacent to the Project can be accommodated within the dedicated public rights -of -way.
The City agrees to evaluate .whether at least one (1) northbound a i d one (1) southbound
trolley stop can be incorporated into the Project,
(0)
(0)
Section 18, Annual Review,
(a)
Swire shall provide the City on an annual basis a status of the Project in
order for the City to conduct an annual review f the Development. This
requirement shall commence twelve (12) months after the Effective Date.
(b) During its annual review, the City may ask fr additional information not
provided by Swire. Any information require of Swire during an annual
review shall be limited to that necessary to etermine the extent to which
Swire is proceeding in good faith to comply with the terrns of this Agreement.
If the City finds on the basis of competent substantial evidence that Swire has not
proceeded in good faith to comply with the terries of the Agreement, the City may
terminate or amend this Agreement after providing 30 days written notice to
Swire and after a public hearing.
Section 19, Emergency Management. Swire shall ensure public safety and protection of the
property within the coastal zone from the threat of hurricanes. The Project is within the
Coastal High Hazard Area (CHHA) as depicted in the Map and Appendix CM-1 of the
MCNP. Swire will review the Development's potential impact on evacuation times and
shelter needs in the event of a hurricane or any other natural disaster. Swire will advise
12
the City at the time of receipt of any Certificate of Occupancy or Temporary Certificate
of Occupancy of the status of the evacuation times and shelter needs and how Swire
will address any short comings.
Section 20. Notices, .
(a) All notices, demands, and requests which may or are required t, be
given hereunder shall, except as otherwise expressly provided, be in
writing and delivered by personal service or sent by United/States
Registered or Certified Mail, return receipt requested, postage prepaid, or by
overnight express delivery, such as Federal Express, to the Parts at the
addresses listed below. Any notice given pursuant to this Agreemet shall be
deemed given when received, Any actions required to be take hereunder
which fall on Saturday, Sunday, or United States legal holidays sh 11 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:
To Swire:
City Attorney
Miami Riverside Center
444 S,W, 2nd Avenue
9th Floor
Miami, FL 33130
Stephen Owens
501 Brickell Key Drive
Suite 600
Miami, FL 33131
With a copy to:
(b)
Akerman LLP
Attn: Neisen Kasdin
1 SE 3rd Avenue
25th Floor
Miami, FL 33131
Any party to this Agreement may change its:notification address(es) by
providing written notification to the remaining Parties pursuant to the terms
and conditions of this section,
13
Section 20. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto, that this Agreement shall be governed by the
laws of the State of Florida, and any applicable federal law, both as to interpretation and
performance, and that any action at law, suit in equity, or judicial proceedings for the:.
enforcement of this Agreement or any provision hereof shall be instituted only in the courts r f
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 1 gal
rights, the City and Swire shall each have the right to specific performance of this
Agreement in court. Each party shall bear its own attorney's fees, Each party waive. any
defense, whether asserted by motion or pleading, that the aforementioned courts e an
improper or inconvenient venue. Moreover, the Parties consent to the personal juris fiction
of the aforementioned courts and irrevocably waive any objections to said jurisdict n. The
Parties irrevocably waive any rights to a jury trial.
Section 21. Voluntary Compliance. Swire and the City agree that in the event all or any
part of this Agreement is struck down by judicial proceeding or preempted by egislative
action, Swire and the City shall continue to honor the terms and conditions of this
Agreement to the extent allowed by law,
Section 22. No Oral Change or Termination. This Agreement and the exhibits
andappendices appended hereto and incorporated herein by reference, if an , constitute the
entire Agreement between the Parties with respect to the subject matt r hereof. This
Agreement supersedes any prior agreements or understandings between he Parties with
respect to the subject matter hereof, including but not limited to the origi al Development
Agreement recorded October 24, 2011, and the Amended and Restat d Development
Agreement recorded , and no change, modification, or dieharge hereof in
whole or in part shall be effective unless such change, modification, or dis aarge is in writing
and signed by the party against whom enforcement of the change, modification, or discharge
is sought. This Agreement cannot be changed or terminated orally.
Section 23. Compliance with Applicable Law, Subject to the term and conditions of
this Agreement, throughout the Term of this Agreement, Swire and th- City shall comply
with all applicable federal, state, and local laws, rules, regulations, codes, ordinances,
resolutions, administrative orders, permits, policies and procedures, a d orders that govern
or relate to the respective Parties' obligations and performance under/ this Agreement; all
as they may be amended from time to time.
Section 24. Representation'g; "Representatives. Each party represents to the others that
this Agreement has been duly authorized, delivered, and executed by such party and
constitutes the legal, valid, and binding obligation of such party, enf4.ceable in accordance
with its terms.
Section 25. No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the other party shall be cumulative and in
14
addition to all other remedies at law or equity arising from such event of default, except where
otherwise expressly provided.
Section 26. Failure to Exercise Rights not a Waiver; Waiver Provisions. The failure by either
party to promptly exercise any right arising hereunder shall not constitute a waiver of such
right unless otherwise expressly provided herein, No waiver or breach of any provision o
this Agreement shall constitute a waiver of any subsequent breach of the same or any othe
provision hereof, and no waiver shall be effective unless made in writing.
Section 27. Events of Default.
(a) Swire shall be in default under this Agreement if any of the following evints
occur and continue beyond the applicable grace period: Swire fails to perform or
breaches any term, covenant, or condition of this Agreement which is not gared
within thirty (30) days after receipt of written notice from the City specifying the
nature of such breach; provided, however, that if such breach cannot reasonably
be cured within thirty (30) days, then Swire shall not be in default if it coma i ences
to cure such breach within said thirty (30) day period and diligently pro ecutes
such cure to completion.
(b)
(c)
The City shall be in default under this Agreement if the City fails to p
breaches any term, covenant, or condition of this Agreement and such
not cured within thirty (30) days after receipt of written notice fro
specifying the nature of such breach; provided, however, that if s
cannot reasonably be cured within thirty (30) days, the City shall not
if it commences to cure such breach within said thirty (30) day,
diligently prosecutes such cure to completion.
It shall not be a default under this Agreement if either party is dec ared bankrupt
by a court of competent jurisdiction. All rights and obligations in its Agreement
shall survive such bankruptcy of either party. The Parties hereby 'orfeit any right
to terminate this Agreement upon the bankruptcy of the other par y. This section
does not absolve Swire of any of its obligations pursuant to the lity Code should
it declare bankruptcy, including but not limited to ensuring tha all construction
sites, buildings, structures, and excavation sites are safe.
rform or
failure is
i a Swire
ch breach
e in default
period and
(d) The default of a successor or assignee of any portion of Swire's rights hereunder
shall not be deemed a breach by Swire.
Section 28, Remedies Upon Default,
(a) Neither party may terminate this Agreement upon the defaul of the other party,
but shall have all of the remedies enumerated herein,
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the applicable grace period, Swire and the City agree that /any party may seek
specific performance of this Agreement, and that seeking Specific performance
15
shall not waive any right of such party to also seek monetary damages, injunctive
relief, or any other relief other than termination of this Agreement. The City
hereby acknowledges that any claim for damages under is Agreement is not
limited by sovereign immunity or similar limitation of liability, Each party shall
bear its own attorney's fees in any such action, // 6r
Section 29, Severability. If any term or provision of this Agreement the application thereof
to any person or circumstance shall, to any extent, hereafter be detbrmined to be invalid or
unenforceable, the remainder of this Agreement or the application of/such term or provision to
persons or circumstances other than those as to which it is held invali or unenforceable shall not
be affected thereby and shall continue in full force and effect,
Section 30, Assigmnent and Transfer. This Agreement shall. e binding on Swire and its
heirs, successors, and assigns, including the successor to or assig ee of any Amended. Property
Interest. Swire, at its sole discretion, may assign, in whole or in art, this Agreement or any of
its rights and obligations hereunder, or may extend the benefits o this Agreement, to any holder
of an Amended Property Interest without the prior written cons nt or any other approval of the
City. Any such assignee shall assume all applicable rights and o ligations under this Agreement.
Any reference to Swire in this Agreement also applies to an; heir, successor, or assignee of
Swire.
Section 31, Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the even of any lawful termination of this
Agreement, the following obligations shall survive such tent 'nation and continue in full force
and effect until the expiration of a one (1) year term followin the earlier of the effective date of
such termination or the expiration of the Term: (i) the e elusive venue and choice of law
provisions contained herein; (ii) rights of any party arising during or attributable to the period
prior to expiration or earlier termination of this Agreement; and (iii) any other terns or provision
herein which expressly indicates either that it survives the ermination or expiration hereof or is
or may be applicable or effective beyond the expiration or p rmitted early termination hereof.
Section 32. Lack of Agency Relationship. Nothing c .ntained herein shall be construed as
establishing an agency relationship between the City d Swire and neither Swire nor its
employees, agents, contractors, subsidiaries, divisions, ffil.iates, 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 rot be deemed contractors, agents, or
employees of Swire or its subsidiaries, divisions, or affili4tes,
Section 33, Cooperation; Expedited Permitting; and Tine is of the Essence,
(a)
The Parties agree to cooperate with each other to the full extent practicable
pursuant to the teens and conditions of this Agreement, The Parties agree that
time is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this Agreement. The City shall use its best efforts to expedite the
permitting and approval process in an effort to assist Swire in achieving its
Development and construction milestones, The City will acconunodate requests
from Swire's general contractor and subcontractors for review of phased or
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(b)
multiple permitting packages, such as those for excavation, site work and
foundations, building shell, core, and interiors. In addition, the City Manager will
designate an individual who will have a primary (though not exclusive) duty to
serve as the City's point of contact and liaison with Swire in order to facilitate
expediting the processing and issuance of all pennit and license applications and
approvals across all of the various departments and offices of the City which have
the authority or right to review and approve all applications for such permits and
licenses.
Notwithstanding the foregoing, the City shall not be obligated to issue
Development permits to the extent Swire does not comply with the applicable
requirements of the Existing Zoning, the Comprehensive Plan, this Agreement,
applicable building codes, and any other statute, ordinance, rule, or regulation.
Section 34, Enforcement.
(a) In the event that Swire, its successors, or assigns fails to act in accordance With
the terms of the Existing Zoning or this Agreement, the City shall/ seek
enforcement of said violation upon the subject Amended Property.
(b) Enforcement of this Agreement shall be by action against any Parties r person
violating, or attempting to violate, any covenants set forth in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this greement
shall be entitled to recover, in addition to costs and disbursements allo v ed by law,
such sum as the court may adjudge to be reasonable for the services f his/her/its
attorney,
(e)
This enforcement provision shall be in addition to any other reined 'es available at
law, in equity, or both.
Section 35. Amendment or Ternunation by Mutual Consent. This Agree ent may not be
amended or terminated during its terni except by mutual written agreement j f Swire and the
City. Prior to any amendment or termination of this Agreement during its to an, the City shall
hold two (2) public hearings before the City Commission to consider ard deliberate such
amendment or termination.
Section 36. Third Party Defense. The City and Swire shall each, at heir own cost and
expense, vigorously defend any claims, suits, or demands brought against hem by third parties
challenging the Agreement or the Project, or objecting to any aspect there f, including, without
limitation, (i) a consistency challenge pursuant to Section 163.3215, Flori4'a Statutes (2010), (ii)
a petition for writ of certiorari, (iii) an action for declaratory judgment, , r (iv) any claims for
loss, damage, liability, or expense (including reasonable attorneys' fees) / The City and Swine
shall promptly give the other written notice of any such action, including' those that are pending
or threatened, and all responses, filings, and pleadings with respect thereto.
Section 37. No Conflict of Interest. Swire agrees to comply with Section 2-612 of the City
Code as of the Effective Date, with respect to conflicts of interest.
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Section 38. No Third -Party Beneficiary, No persons or entities other than Swire and the City,
their heirs, permitted successors, and assigns, shall have any rights whatsoever under this
Agreement.
Section 39. Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which shall constitute an original but all of which, when taken together, shallconstitute
one and the same agreement.
Section 40. Abutting Property Owners, The City and Swire have a mutual interest in ensuring
that construction of the Project proceeds in a mariner which is respectful of and sensitive to
owners of property abutting the Project ("Abutting Owners"). In recognition of this concern
during construction of the Project, Swire agrees to insure Abutting Owners against any actual
damages which directly result from accidental loss of utility service caused by Swire, its
contractors, or subcontractors,
Section 41. Status. Upon request from time to time by Swire, or its successor, assigns, or a
mortgagee of Swire, its successor, or assign, the City shall deliver to such requesting party a
letter (in recordable form, if requested) stating whether the obligations of Swire or its succ9ssor
or assign under this Agreement are current and in good standing or have been satisfied. Ih the
event Swire or its successor or assign is not current in its obligations or such obligations re not
satisfied, said letter shall state the particular manner in which such person's obligations ui der this
Agreement are not current and in good standing or have not yet been satisfied.
Section 42. Estoppel. Within ninety (90) days of receipt of written request from a eveloper
party, the City Manager or his designee, on behalf of the City, shall execute a estoppel
certificate or similar document, in form and substance reasonably acceptable i o the City
Attorney, affirming Swire's compliance with the conditions set forth in the Agree lent. Should
the City fail to execute the requested estoppel certificate within the aforementione14 time period,
the City's non -response shall. be presumed to indicate Swire's compliance with t ,,e terms of the
Agreement.
NOW, WHEREOF, the City and Swire have caused this Agreement to "oe duly executed,
[Signature blocks for City and Swire on next page]
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ATTEST: SWIRE PROPERTIES, INC, a Florida for
Profit Corporation
BY:
Print Name: Print Name
(Corporate Seal) Title:
ATTEST:
(Authorized Corporate Officer)
CITY OF MIAMI, a municipal corpora on
BY:
Todd B. Hannon, City Clerk Daniel J, Alfonso, City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
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S02°16'51" E along said easterly boundary of said Lot 15, for a distance of 15.00 feet to the
southeast corner of said Lot 15; thence run S87°35'49" W along said southerly boundary of Lots
9, 10, 11, 12, 13, 14, and 15, for a distance of 350.00 feet to the point of beginning,
Together with;
Brickell CityCentre West
Lots 1, 2, 3 in block S3S, of amended Plat Book 38A and the North 1/2 of Block 53S City of
Miami, according to plat thereof as recorded in Plat Book 1, at Page 74, of the public records of
Miami -Dade County, Florida,
And:
Lots 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, and 24, in Block 53S, of map of Miami -Dade
County, Florida; less the South 10 feet of the West 55 feet of said Lot 22 and less the South
10,00 feet of said Lots 16,17, 19, 20, and 21.
Less:
That portion of Lot 22, Block 53 S, of the map of Miarni-Dade County, Florida, according to the
plat thereof as recorded in Plat Book B, at Page 41, of the public records of Miami -Dade ounty,
Florida, and being more particularly described as follows:
Begin at the point of intersection of the northerly right of way line of S.W. 8th Street with the
westerly right of way of S. Miami Avenue as shown on the Florida Department of Transportation
right of way maps for Section 87120-2513; thence run South 87°42'43" West along s id
northerly right of way line for a distance of 25 feet to the point of beginning of a cir9rlar curve
concave to the northwest and having for its elements a radius of 25,00 feet and a tangent bearing
of North 87°42'43" East; thence run northeasterly, northerly, and northwesterly al ng the arc of
said circular curve to the left, through a central angle of 89°59'34" for a distance f 39.27 feet to
the point of tangency and a point of said westerly right of way line; thence run So th 02° 16' 51"
East along said westerly right of way line for a distance of 25.00 feet to the po.iof beginning,
Per right ht of way dedication, recorded. in Official Records yR cords Book 12159, page 42 of the public
records of Miami -Dade County, Florida.
Parcel ii:
The East 50 feet of Lots 10, 11, and 12 in Block 53A, amended plat of B1 icks 38A and the North
half of Block 53S City of Miami, according to the plat thereof as recorded in Plat Book 1, at
Page 74, of the public records of Miami -Dade County, Florida.
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Parcel iii:
The East 50 feet of Lots 13, 14, and 15, Block 53S, map of Miami -Dade County, Florida,
according to the plat thereof as recorded in Plat Book B, at Page 41, of the public records of
Miami -Dade County, Florida, less the South 10 feet thereof.
Together with;
Brickell CityCentre N2
Lots 1 through 7, in Block 108 South, of S.1. & J.B, Patterson and J.F. & B.T. Olive Subdivisi
according to the plat thereof, as recorded in Plat Book B, Page 77, of the public records of
Miami -Dade County, Florida; less and except that portion of the above described. parcel
conveyed by order of taking recorded in Official Records Book 11810, Page 2274, of the pyiblic
records of Miami -Dade County, Florida.
Together with;
One BCC
Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO
THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B2, Page 113, of
the Public Records of Miami -Dade County, Florida.
TOGETHERWITH:
Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106 , of MARY
BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat hereof, as recorded
in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, F4orida.
TOGETHERWITH:
Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF
MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Pag 113, of the Public
Records of Miami -Dade County, Florida;
LESS AND EXCEPT therefrom that part thereof conveyed to the City c f Miami for street and
sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book 1790, Page
604, of the Public Records of Miami -Dade County, Florida, and being More particularly therein
described as follows: Beginning at the Northeasterly corner of Lot 15, lock 106A, of the
AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the
Plat thereof, as recorded in Plat Book "B", at Page 1.13, of the Public records of Miami -Dade
County, Florida; thence nrn Southwardly along the Easterly line of Lots 15 and 14 of said Block
106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14; thence
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run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence
run Eastwardly, Northeastwardly and Northwardly along the arc of a curve to the ].eft, having a
radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a
point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the
Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the
Northerly line of said Lot 15; thence run Easterly along the Northerly line of said Lot 15 for a
distance of 5 feet to the Point of Beginning.
Said lands situate, lying and being in Miami -Dade County, .Florida,
AND TOGETHER WITH:
Lots 5, 6, 8, 81/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICI.ELLS ADDITION
TO TI-IE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page
113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 111/
feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of
the Public Records of Dade County, Florida), said portion being more particularly describ91 as
follows: /
BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning b ng also
on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of sail Lot 9,
N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of s�.&d S.E. 8th
Street; thence, along said Base Building Line, East for 1.0.61 feet to its intersection trth the
Northwesterly extension of the South Line of Block 106A; thence, along said Sout Line of said
Block 106A, S.74°39'31 "E, for 37,80 feet to a point on the Northerly Right-of-Wa Line of said
S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9,
West for 47.08 feet to the POINT of BEGINNING.
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EXHIBIT "B" (to Development Agreement)
INSURANCE REQUIREMENTS
BRICK.ELL CITY CENTRE PROJECT LLC-SWIRE
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B, Endorsements Required
City of Miami listed as an additional insured
Contingent & Contractual Liability
Premises & Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
IL Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III, Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
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Employer's Liability
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident,
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy/Excess Liability (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $2,000,000
Aggregate $2,000,000
B. Endorsements Required
City of Miami listed as an additional insured
V Owners & Contractor's Protective
Each Occurrence $1,000,000
General Aggregate $1,000,000
City of Miami listed as named insured
The above policies shall provide the City of Miami with written notice of cancellation o material
change from the insurer not less than (30) days prior to any such cancellation or mater al change,
or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualificati•ns, shall issue
all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than lass V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A vl. Best Cornpany,
Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insuran e are subject to
review and verification by Risk Management prior to insurance approval,.
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