HomeMy WebLinkAboutSubmittal-Neisen Kasdin-Magic City Innovation District SAP Development Agreement-Draft-Mark-Up Document with changesSubmitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1J/19
"City" as introduced in the Preamble to this Agreement, 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.
"City Charter" means the municipal Charter of the City of Miami, as amended through
and in effect on the Effective Date.
"City Code" means the City of Miami Code of Ordinances, as amended through and in
effect on the Effective Date.
"City Manager" means the City Manager of the City or his or her designee.
"Comprehensive Plan" as introduced in the Recitals to this Agreement, means the local
government comprehensive plan known as the Miami Comprehensive Neighborhood
Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (2018), meeting the
requirements of Section 163.3177, Florida Statutes (2018), Section 163.3178, Florida
Statutes (2018) and Section 163.3221(2), Florida Statutes (2018), which are in effect as of
the Effective Date.
"Community Benefit Contribution" has the meaning given in Section 16(b) of this
Agreement.
"Concept Book" as introduced in the Recitals to this Agreement, means the illustrative
Concept Book for the SAP approved by the City, consisting of plans, drawings and
diagrams for the SAP, attached hereto at Exhibit "C", as the same may be amended.
"Concerned Leaders of Little Haiti" means the Concerned Leaders of Little Haiti/a
Ayiti. Inc., a Florida uninsemePatetl-not-for-profit assesiatieliggEPWAggn-
"Concerned Leaders Project Reserve" has the meaning given in Section 16(b)(3)(ii) of
this Agreement.
"Contractors" has the meaning given in Section 16(fg) of this Agreement.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"Current Contribution Rate" has th meaning given in Section 16(b) of this
Agreement.
`,Developer" has the meaning given in the Preamble to this Agreement.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of land
into three (3) or more parcels and such other activities described in Section 163.3221(4)
Florida Statutes (2018).
"Development Permit" includes any building permit, zoning permit or approval,
subdivision approval, rezoning, certification, special exception, variance or any other
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/ 119
official action or approval of local government having the effect of permitting or
authorizing the development of Land.
"Effective Date" means the date of recordation of this fully -executed Agreement in the
Public Records of the County.
"Existing Zoning" is (i) the Miami 21 Code, January 2018, as amended through and in
effect on the Effective Date, specifically including the Regulating Plan, Concept Book
and this Agreement approved for the SAP, incorporating any modifications to the Miami
21 Transect Zone designations and Development standards applicable to the SAP Area
under the Regulating Plan, Concept Book and this Agreement; and (ii) the provisions of
the City Charter and City Code which regulate development, as amended through and in
effect on the Effective Date, which together comprise the effective land development
regulations governing Development of the SAP Area as of the Effective Date.
"First Approval Benefit Contribution" has the meaning given in Section 16(b) of this
Agreement.
"Initial Benefit Contributions" has the meaning given in Section 1 6(b) of this
Agreement.
"Initial Benefit Contribution Floor Area" has the meaning given in Section 16(b) of
this 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" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations and rules adopted by a local government affecting the
development of Land.
"Little Haiti Community Revitalization Trust" has the meaning given in Section 16(b)
of this Agreement.
"MCD Miami" has the meaning given in the Preamble to this Agreement.
"Motorsport.com Building" has the meaning given in Section 16(b) of this Agreement,
"Miami 21" as introduced in the Recitals to this Agreement, means the Miami 21 Code,
the Zoning Ordinance of the City, enacted by City Ordinance No. 13114, as amended
through and in effect on the Effective Date.
"Minimum Public Open Space" has the meaning given in Section 16(a) of this
Agreement.
"Palm Grove" has the meaning given in Section 16( i) of this Agreement.
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6i/ 7/19
a benefit. Such special assessment liens for the repair, maintenance, removal
or restoration costs and interest may be enforced by any of the methods
provided in Ch. 85, Florida Statutes, or in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions of Ch. 173,
Florida Statutes, or the collection and enforcement of payment thereof may be
accomplished by any other method authorized by law. The Developer shall pay
all costs of collection, including reasonable attorney's fees, court costs and
abstracting and related lien expenses.
4. Provide an insurance policy, in an amount determined by the City's Risk
Manager, naming the City as an additional insured for public liability and
property damage. The insurance shall remain in effect for as long as the
encroachment(s) exist within the right-of-way. Should the Developer fail to
continuously provide the insurance coverage, the City shall have the right to
secure similar insurance policy in its name and place a special assessment lien
against the owner's abutting private property for the total cost of the premium.
5. The Developer shall hold harmless and indemnify the City, its officials and
employees from any claims for damage or loss to property and injury to
persons of any nature whatsoever arising out of the use, construction,
maintenance or removal of the pedestrian overpass or any other encroachment
and from and against any claims which may arise out of the granting of
permission for the encroachment(s) or any activity performed under the terms
of this Agreement.
14. Street Closure and Vacation. A critical element to the success of the SAP Area's
Public Open Space and Civic Space is the modification and re-routing of NE 4th Avenue
as illustrated in the Concept Book. In accordance with Chapters 54 and 55 of the City
Code, the Developer intends to seek the approval of the vacation and closure of public
rights -of -way for the purpose of being incorporated into the SAP Area and effectuating
the proposed modifications to NE 4th Avenue, including the following: (i) NE 4th
Avenue between NE 60th and NE 62nd Streets; and (ii) the short NE 61 st Street
extension immediately to the east of the intersection with NE 2nd Avenue.
15. Preservation of the DuPuis Medical Office & Drugstore Building. The Developer
agrees to ensure the preservation of the historically
designated DuPuis Medical Office & Drugstore building located at 6041 NE 2nd Avenue,
by either (i) reconstructing portions of the existing structure in its current place pursuant
to a formal renovation and reconstruction plan, or (ii) by relocating and reconstructing
portions of the existing structure out of the current NE 2nd Avenue zoned right-of-way, in
either case in accordance with the final binding direction Developer obtains from the City
and the County, as applicable. In exchange for the Developer's obligation under this
Section 15, the City agrees that, if reasonably necessary for the Developer's preservation
of the historic DuPuis Medical Office & Drugstore building, the structure shall be entitled
to remain encroaching into the current NE 2nd Avenue zoned right-of-way (subject to any
required County approval(s) of the same) The Developer further agrees to complete the
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1727/19
preservation of the, Dupuis Medical Office $L Drugstore building. and to obtain a
Tem ry Certificate of Occu ancy or Certi icate of Occupancy for the same. our us ant
ith
b
ears of t
d
ate on w
an. County agree in writing on the pre. ervatio s .1 • s - • •
16. Public and Community Benefits.
h'
the it
(a) Public Open Space. As consideration for certain modifications to standards and
requirements of the City Code and Miami 21, the Developer shall provide a
minimum of three and eight tenths (3.8) acres of Public Open Space within the
SAP Area, generally as depicted in the attached Concept Book and Regulating
Plan (the "Minimum Public Open Space"). The Public Open Space shall
include the Promenade du Grand Bois, an approximately two and eighteen
hundredths (2.18) acre pedestrian -oriented, landscaped Civic Space Type (as
defined in Miami 21) which will be a focal point for pedestrian and retail activity
within the SAP Area, as illustrated in the Concept Book and Regulating Plan.
The general location and dimensions of the Public Open Space shall be
substantially in accordance with this Agreement, the Regulating Plan and Concept
Book, or as otherwise mutually agreed by the Developer and the Planning
Director.
1. With each phase of SAP development (as conceptually shown on Exhibit
"D"), the Developer shall construct a corresponding amount of the
Minimum Public Open Space consisting of that portion of the Minimum
Public Open Space contained within or directly abutting the parcels
included in each such phase of SAP development.
2. All sections of the Promenade du Grand Bois shall have a minimum width
(north -south) of at least fifty (50) feet. In addition, the Promenade du
Grand Bois shall, once fully complete, have an overall average width of
ninety (90) feet along its entire length.
3. The Developer shall not be required to dedicate, reserve or otherwise
dispose of any land within the SAP Area for the Public Open Space. The
Developer shall retain ownership of the Public Open Space but shall allow
public access to, and public use of, the Public Open Space at a minimum
during the hours from 6:00am to 12:00am (midnight), seven (7) days a
week, with reasonable temporary closures allowed for required
maintenance/construction, temporary and special events permitted in
accordance with Section 25 of this Agreement or other similar activities.
During the remaining hours from 12:00am (midnight) to 6:00am, the
Developer may reasonably restrict access to the Public Open Space for
purposes of safety, maintenance/construction or other similar activities.
4. The Developer shall retain the exclusive right to design, landscape and
determine the programming for the Public Open Space, subject to approval
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1727/19
by the Planning Director or his/her designee, which approval shall not be
unreasonably withheld, delayed or conditioned.
5. From time to time, the Developer may sponsor or partner with
organizations to hold temporary and special events within the SAP Area,
including in and around the Public Open Space pursuant to the terms and
requirements of this Agreement, the Regulating Plan and the applicable
provisions of the City Code, not to exceed twelve (12) nonconsecutive
events per year, with each event not to exceed a period of five (5) days,
unless approved by the City Manager for additional time. For any such
temporary or special events held within the SAP Area, the Developer shall
incorporate temporary traffic calming measures as required by the City's
Resilience and Public Works Department (or its successor), if any, and
coordinate and/or provide for extra security and policing as required by the
City's Police Department.
6. The Developer shall maintain and operate the Public Open Space,
including pursuant to any applicable specific maintenance standards as
mutually agreed by the Developer and the City.
(b) Community Benefit Contribution.
1. Little Haiti Community Revitalization Trust. The City shall, no later than
ninety (90) days from the date of final and unappealable approval of the
SAP, establish a new community revitalization trust fund (the "Little
Haiti Community Revitalization Trust") to collect and maintain
specified cash contributions by the Developer pursuant to this Section
16(b), and distribute such funds for the purpose of providing community
benefits in Little Haiti.
2. Cash Contributions. The Developer shall make cash contributions to the
Little Haiti Community Revitalization Trust in a cumulative amount of up
to Thirty -One Million and 00/100 Dollars ($31,000,000.00) (the
"Community Benefit Contribution"), to be made as followsvL
accordance with the following terms and requirements:
For each year during the Term. the rate of Community Benefit
Contribution payments per square foot of • • -. s • -. •
Miami 21) shall be as set fort in the below chart (for each year.
the "Currtt C s i i • • • i • • • • • • ki 1- - • • -
into t e Little Haiti Community Revitalization Trust in actor ante
with this Section 16(b)
Current Contribution Rate for Each Year
'tate Per S.F. Floor Area
Term Year
$4.03
Year L
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1721/19
$4"48
years 2 -- 3
$4.81
Years 4-5
$5.16
Years 6 7
$5.54
Years 8 — 9
$5.95
Years 10 —11
$6.38
Years 12— 13
Years 14 — 30
i—The Developer shall make an initial contribution of Three
Million and 00/100 Dollars ($3,000,000.00) no later than Ninety
(90) days following the date on which approval of the SAP by the
City Commission becomes final and unappealable (the "First
Approval Benefit Contribution").
iii. i-i-The Developer shall make a second initial contribution of Three
Million and 00/100 Dollars ($3,000,000.00) no later than One
Hundred Eighty (180) days following the date on which the First
Approval Benefit Contribution is made (the "Second Approval
Benefit Contribution," together with the First Approval Benefit
Contribution, the "Initial Benefit Contributions"). The Initial
Benefit Contributions shall be credited and applied toward the
Developer's development and construction of an amount of Floor
Area within the SAP Area at a cute of Four and 03/100 Doll,..Y.
(1) of the Term_ to be offset in each applicable building permit
against the total amount of the Initial Benefit Contributions in-eash-
the "Initial Benefit Contribution
Floor Area"). The Initial Benefit Contribution Floor Area shall be
available to the Developer immediately following payment of the
Initial Benefit Contributions.
iv_ iii,Afler the Developer has obtained valid building permits for the
entire Initial Benefit Contribution Floor Area, the remaining
Twenty -Five Million and 00/100 Dollars ($25,000,000.00) of the
Community Benefit Contribution shall be assessed and payable, as
needed by the Developer, prior to the issuance of each additional
building permit on a proportional basis for the amount of Floor
Area required under each such building permit, at the same-rate-ef-
Current Contribution Rate applicable at such time, until the
remaining Twenty -Five Million and 00/100 Dollars
($25,000,000.00) is satisfied.
}vNotwithstanding the foregoing, the development of
approximately four hundred eighty-two thousand five hundred
sixty-nine (482,569) square feet of Floor Area on SAP Parcel No.
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/ ,119
S--8 (the "Motorsport.com Building'), as shown on Page 43 of the
Concept Book,' shall not be subject to the Community Benefit
Contribution and the related Floor Area offset under this Section
16(b), and may be freely permitted and constructed without
reference to or requiring any Floor Area credit from the payment of
any portion of the Community Benefit Contribution.
vi. For the avoidance of doubt, development capacity within the
SAP Area shall remain authorized up to the maximum Floor Area
limitations set forth at Section 8(c) of this Agreement (and up to
the maximum building heights set forth in the Regulating Plan),
provided all Floor Area is developed and constructed in accordance
with this Agreement and the Regulating Plan.
vii_
The Developer shall have no obligation to make any
Community Benefit Contribution payment until the City has
formally approved and established the Little Haiti Community
Revitalization Trust.
Prior to the earlier of (i) the expiration of the Term (including
any extension thereof) or (ii) the City's issuance of the final
Certificate of Occupancy for the development of all the SAP Floor
Area Capacity, the Developer shall be required to have made a
cumulative minimum amount of Community Benefit Contribution
payments equal to s1 , ,
at the above rate of Four and 03 100 D llafs (en 03) po
foot, for a total oftotaling Twenty -Four Million One Hundred
Eighty Thousand and 00/100 Dollars ($24,180,000.00), regardless
of whether tDeveloper has constructed ,
of Floor Area within the SAP
Area. The Initial Benefit Contributions shall apply and be credited
towards this cumulative minimum amount.
3. Use of Community Benefit Contribution. The Parties agree that all
Community Benefit Contribution funds deposited in the Little Haiti
Community Revitalization Trust shall be used only for the following
purposes:
One hundred percent (100%) of the Community Benefit
Contribution shall be restricted to use within the Little Haiti
neighborhood for economic development and job creation
programs (including local small business development and local
workforce participation and hiring programs), the development of
SAP Parcel No. 8 consists of the following current addresses: 370 NE 60th Street (folio no. 01-3218-016-0180);
5952 NE 4th Avenue (folio no. 01-3218-016-0200); 5972-5974 NE 4th Avenue (folio nos. 01-3218-089-0010,
01-3218-089-0020); 334 NE 60th Street (folio no. 01-3218-016-0140); and 350 NE 60th Street (folio no.
01-3218-016-0150).
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Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/ 719
affordable and workforce housing, community educational
programs, the beautification of NE 2nd Avenue and other areas in
Little Haiti, and/or the creation and improvement of public parks.
The Community Benefit Contribution shall not be used for any
other project, program or purpose. The City's Ordinance(s) and/or
Resolution(s) evidencing the formal approval and establishment of
the Little Haiti Community Revitalization Trust shall contain
corresponding language placing the same restrictions on use of the
Community Benefit Contribution.
ii. Five Hundred Thousand and 00/100 Dollars ($500,000.00) of the
First Approval Benefit Contribution, Five Hundred Thousand and
00/100 Dollars ($500,000.00) of the Second Approval Benefit
Contribution and twenty percent (20%) of the remaining
Community Benefit Contribution (for a cumulative total of Six
Million s and 00/100 Dollars ($6,000,000.00)) shall be
reserved for projects and programs, in each case conforming to the
list of permitted purposes in the preceding Section 16(b)(3)(i),
which are identified and/or selected by the Concerned Leaders of
Little Haiti and approved by the Little Haiti Community
Revitalization Trust (the "Concerned Leaders Project Reserve").
Twenty percent (20%) of each payment of the remaining
Community Benefit Contribution following the Initial Benefit
Contributions shall be allocated to the Concerned Leaders Project
Reserve, up to the cumulative total of Six Million Dollars and
00/100 ($6,000,000.00) reserved for such purposes hereunder.
(c) l ntifu' lionof Affordable Housing Site. "1'he Developer shall support. vork and
collaborate with the City in the acquisition or identification of one (1) or more
development sites within Little ,Haiti, on land owned by the City, County,
non-profit or charitable organization or private party, that shall accommodate a
minimum of one hundred thirty-two (132) units of Affordable Housing (as defined
in Miami 21). The development of such Affordable Housing shall be funded, in
whole or part. by Community Benefit Contribution p yments made by the,
Developer to the Little Haiti Community Revitalization Trust in accordance with
Section 16(b) abou.,
(c) Historic Lemon City/Little Haiti Creole District Design Guidelines. The
Developer acknowledges the importance of preserving as well as enhancing the
rich cultural history and aesthetic heritage of the Little Haiti community. To such
end, the Developer agrees that it shall use diligent, good faith efforts to assist and
cooperate with the City in collaborating with the Concerned Leaders of Little
Haiti, Little Haiti residents, businesses and property owners to revise the existing
Historic Lemon City/Little Haiti Creole District Design Guidelines published by
the City's Planning Department (a copy of which is attached at Exhibit E). The
City and the Developer acknowledge and agree that the Historic Lemon City/Little
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(g)
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/ 2719
ii. The Developer shall advertise post -construction job opportunities
made available directly by or through MCD Miami and its affiliate
entities on local Haitian radio stations serving Little Haiti and at
churches within Little Haiti.
6. Job Creation Monitoring Contract. Within sixty (60) days of being issued
a building permit for above -ground, vertical improvements for the SAP,
the Developer shall designate a firm which shall be CBE/CSBE/SBE
certified which shall be designated to monitor the above Local Workforce
Participation, Job Sourcing, Job Opportunity Advertisement and
CBE/CSBE/SBE requirements.
The foregoing standards and requirements of this Section 16( t) shall not be
deemed or construed to require the Developer or its Contractors to hire employees
who do not comply with OSHA requirements, drug testing requirements or
insurance company requirements; however, the hiring of construction laborers
will also be subject to the criminal background hiring standards listed on Exhibit
"F", applied on an individual basis where applicable.
Retail Merchandising Units. The Developer agrees that it shall reserve twenty
percent (20%) of the thirty-five (35) Retail Merchandising Units (as defined in the
Regulating Plan) available within the SAP Area under the Regulating Plan for
local Little Haiti businesses or enterprises owned by Little Haiti residents.
(h) Minority Internship Program. MCD Miami (or an affiliate thereof) shall establish
an internship program at the SAP offering internships to qualified high school or
post -secondary students and graduates who are Haitian -American or other
minorities residing in the zip codes set forth above at Section 16( q)(1)(i)(a) of
this Agreement. The Developer shall, in its reasonable discretion, (i) select
qualified interns for the program through an application process to be established
by the Developer, and (ii) determine the specific criteria of each internship (e.g.,
duration, time commitment, remuneration (if any) and substantive focus).
(i) Educational Institution Partnership. The Developer agrees that it shall partner
with, or otherwise seek the involvement of, an accredited public or private
post -secondary educational institution for . al fit and/or
programming in the development of the SAP. Magic City Innovation District, on
the following terms.
I . Minimum Educational Institution Standards, At the time the partnership is
formalized. the educational institution partner shall be ranked in the top
two hundred (200) "National Universities" in th- United States, or in the
top twenty-five (25) "Regional Colleges" iLthe S. ern I Inited State '.
the then -current U.S. News & World Report annual rankings The
educational institution partner may also be Miami Dade College.
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record for item(s) PZ.10, 11,12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1727J19
2. Commencement Date. The Developer shall formalize and commence the
educational institution partnership no later than ninety (90) days following
the date on which a Certificate of Occupancy is issued for the first new
building constructed for office use within the SAP. not including the
development and construction of the Motorsport.com Building.
3. Minimum Partnership Requirements. The SAP shall partner with one (1.)
or more qualified educational institutions for cumulative total of at least
ten (101 consecutive years from the foregoing commencement date at
Section 16(i)(2). with the understanding_and acknowledgment that a single
educational institution may not be a formal partner for the entire ten (10)
year period. At a minimum. the scope of any partnership shall include (i) a
component of physical indoor space within the SAP reserved for
partnership activities andadministration. and (ii) an incubator for startup
and early -stage businesses (including local ventures) that incorporates an
educational component in creating an innovation -oriented ecosystem
within the SAP.
(j) NE 2nd Avenue Planning Beautification and Design Concept Study. The
Developer agrees that it shall use diligent, good faith efforts to cooperate with,
and provide reasonable non -financial assistance to, the City in the City's
commission of a planning beautification and design concept study for NE 2nd
Avenue between NE 54th and NE 64th Streets. The Parties agree that all or a
portion of the funding required for such study may be drawn from the Community
Benefit Contribution made in accordance with Section 16(b) above.
(k) SAP Identification. The Developer shall include the words "Little Haiti" in all
branding for the SAP, including social media posts, websites, projects,
promotions, programming, outdoor signs and displays identifying or referencing
the SAP.
(I) Traffic Calming Study. The Developer shall conduct a traffic calming study to
determine recommendations for alternatives to slow and deter cut -through traffic
and its impact on the Palm Grove neighborhood, located within the area bounded
by Biscayne Boulevard to the east, the Florida East Coast Railway corridor to the
west, NE 54th Street to the south and the Little River to the north ("Palm
Grove").
(m) Miami Trolley Expansion Study. The Developer shall conduct an expansion
study to develop recommendations for a local circulator or trolley route to operate
between Palm Grove and the SAP.
(n) Palm Grove Entrance Signs. The Developer shall fund the production and
installation of two (2) Palm Grove neighborhood entrance signs in the total
amount of up to Ten Thousand and 00/100 Dollars ($10,000.00).
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT - DRAFT 6/ 2 /19
(c) Attached at Exhibit "G" is a list of proposed roadway improvements required for
the SAP development which have been accepted by the City pursuant to the
Traffic Sufficiency Letter also enclosed at Exhibit "G". Subject to obtaining
required right-of-way, development and construction approvals from the City and
County, as applicable, and also subject to the City's subdivision process and
related subdivision improvements requirements pursuant to Ch. 55 of the City
Code (as modified in this Agreement), the Developer agrees that the enumerated
roadway improvements shall be constructed in accordance with the phasing
schedule at Exhibit "G".
18. Valet Parking. The Developer intends to establish a uniform valet system to service the
SAP Area generally. Notwithstanding Sections 35-305 and 35-306 of the City Code, as
amended, multiple valet permits may be issued for the operation of a valet parking area
immediately adjacent to or on the same side of the block of an existing valet parking area
within the SAP Area where the permit applicant is the operator of the uniform valet
system.
19. Parking Management Program. Parking within the SAP Area (including required
parking under the Existing Zoning) shall be implemented and counted through a pooled
centralized parking management program. The parking management program shall track
existing and anticipated parking through an interactive spreadsheet maintained by the
Developer and reviewed by the Planning Director before issuance of each vertical
building permit for the project (the "Parking Management Program"). Parking usage
shall be debited from the total parking pool available within the SAP Area. Parking
availability shall be added to the total parking pool available within the SAP Area.
Off-street parking requirements under Miami 21 and the Regulating Plan for development
within the SAP Area may be satisfied by available spaces within the SAP Area through
the Parking Management Program. The Parking Management Program shall incorporate
the parking plans set forth in the Regulating Plan and the Concept Book. The numbers
and figures provided in the Parking Management Program may be revised and updated
accordingly from time to time by the Planning Director including at such times as certain
interim parking is discontinued and permanent parking becomes available.
(a) Interim Parking. For purposes of accommodating the phased development of the
project as well as extra parking needed for special events (as approved under this
Agreement and the City Code, as applicable), interim and temporary parking on
conditionally, unimproved and partially improved lots by valet service may ,hall
be permitted in order to satisfy required parking under Miami 21 and the
Regulating Plan. Notwithstanding the requirements of Sections 62-543 and
62-544 of the City Code, suchinterim parking shall be permitted within the SAP
Area without having to comply with permanent parking requirements on the
proposed -interim lots identified by the Developer at the time each sucha lot is
proposed to be used for interim parking, subject to approval of each lot by the
Planning Director (which shall not be unreasonably withheld, delayed or
conditioned). The Planning Director shall also approve the design of each interim
parking lot prior to issuance of a building permit for improvements thereon.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 647 /19
interim parking may also include valet service is no longer
(b) Permanent Parking. The Developer shall construct permanent parking facilities to
serve each phase of development within the SAP Area in an amount which shall
provide a sufficient number of permanent parking spaces to satisfy the off-street
parking requirements under Miami 21 and the Regulating Plan for each new
Development constructed within the SAP Area, as each phase of the SAP is
constructed (the "Permanent Parking Facilities"). The Planning Director shall
assess the Parking Management Program every five (5) years for permanent
parking availability. Permanent Parking Facilities may consist of centralized
parking facilities and/or structure parking facilities as accessory and/or principal
uses.
20. SAP Transportation Trust Fund Contribution. Any parking facilities surcharge
collected for parking in public parking facilities located within the SAP Area pursuant to
the City of Miami Parking Facilities Surcharge Ordinance, Chapter 35, Article X of the
City Code, shall be allocated to the City's Transportation Trust Fund, as established in
Chapter 35, Article VII of the City Code (the "SAP Transportation Trust Fund
Contribution"). All funds collected through the SAP Transportation Trust Fund
Contribution shall be reserved in the City's Transportation Trust Fund in order to
facilitate the creation, operation, and/or maintenance of mass transit and other
transportation facilities within the SAP Area, including, but not limited to the City's
trolley system and capital or acquisition costs associated with the proposed development
of a passenger/commuter rail station abutting the SAP Area serving the Little Haiti
community (including the SAP). These funds may be carried over to the succeeding
fiscal year. Expenditures in connection with the SAP Transportation Trust Fund
Contribution shall be made pursuant to Sections 35-253 and 35-254(d) of the City Code.
21. Alcoholic Beverage Sales Retail Specialty Center Designation. Except as otherwise
set forth in or modified by this Section 21, alcoholic beverage sales within the SAP Area
shall be governed by Chapter 4 of the City Code. Pursuant to Chapter 4 of the City Code,
two (2) retail specialty centers are hereby designated for properties located within the
SAP Area as follows:
1. The West Zone Retail Specialty Center shall consist of all properties
within the Le Marche DuPuis and Les Bureaux SAP Campus Zones, and
the properties within the Les Residences SAP Campus Zone located west
of the centerline of NE 3rd Avenue as shown in the Concept Book.
2. The East Zone Retail Specialty Center shall consist of all properties within
the Les Ateliers SAP Campus Zone and the properties within the Les
Residences SAP Campus Zone located east of the centerline of NE 3rd
Avenue as shown in the Concept Book.
27
Submitted into the public
record for item(s) PZ.10, 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1712/19
(c) The City and the Developer agree that an active permit for temporary uses on
vacant land for any portion of the SAP Area issued to the Developer pursuant to
Ch. 62 of the City Code (as modified by this Agreement) may continue in force
and effect during the course of Development of the SAP under the terms it was
issued (or under modified or amended terms mutually agreed upon by the City and
the Developer); provided that when the Developer seeks to commence
construction of any phase of the SAP on any parcel (or portion thereof) included
in such temporary use permit, the Developer shall submit to the City a revised site
plan for the temporary use permit excluding the parcels (or portions thereof)
which shall no longer be included in the permit for temporary uses on vacant land.
The City shall expeditiously approve the amended site plan (and shall not
unreasonably withhold, delay or condition its approval), provided that the
remaining parcels (and any portions thereof) and amended proposed uses, if any,
within such temporary use permit shall continue to satisfy all applicable
temporary use, zoning, building code and life safety requirements.
25. Temporary/Special Events. (a) For all temporary events (as defined at Section
62-521 of the City Code) and special events (as defined at Section 54-1 of the City Code}
the Developer, or its designee, shall submit a temporary
and/or special event application, as applicable, for review to the appropriate City
department and the Neighborhood Enhancement Team (NET) office servicing the SAP
Area no less than ten (10) business days prior to the date of the event. The City hereby
agrees to prioritize_ and diligently and in an expedited procedure complete, its review of
the application to ensure coordination of
needed City services and avoid possible adverse impacts of the event.
eemmunityi
30
Submitted into the public
record for item(s) PZ.10. 11, 12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1-722/19
emergency cai l; er
26- 2�Platting; Required Subdivision Improvement.
(a) Except as otherwise set forth herein, the City's subdivision regulations at Chapter
55 of the City Code shall apply to Development activities within the SAP Area.
(b) Notwithstanding the foregoing, the City agrees that platting shall not be required
for any parcel within the SAP Area in connection with the Adaptive Use (as
defined in Miami 21) of an existing building structure located on such parcel,
even if platting would otherwise be required by Chapter 55 of the City Code to
secure building permits for such Adaptive Use.
(c) For any platting commenced within the SAP Area which is required to effectuate
the Development of the SAP, there shall be no time limit for the Developer to
begin or complete any required subdivision improvements corresponding to the
plat following final plat approval by the City Commission. Further,
notwithstanding Section 55-10(b) of the City Code (which shall continue to
apply within the SAP Area unless otherwise modified herein), prior to the
completion of subdivision improvements within the plat, the Developer may (i)
obtain a temporary or permanent certificate of use and/or occupancy for the
Adaptive Use of an existing building or other habitable structure located within
the plat, and (ii) continue to operate permitted activities and uses approved by the
City under an active permit for the temporary use of vacant land pursuant to
Chapter 62 of the City Code.
31
Submitted into the public
record for item(s) PZ.10, 11,12.
on 06/27/2019 , City Clerk
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 6/1721/19
r
Miiamii-21,,-aas4he-same-may-be-amended :rti ue-to time.
21. 29—Compliance with Fire/Life Safety Laws. The Developer shall at all times in the
development and operation of the Project comply with all applicable laws, ordinances and
regulations including, without limitation, life safety codes to insure the safety of all SAP
Area and City residents and guests. Specifically, and without limitation, the Developer
will install and construct all fire and life safety equipment and water lines with flow
sufficient to contain all possible fire occurrences as required by applicable laws,
ordinances and regulations.
28. 30—Formation of Community Development District. In the event the creation of a
Community Development District ("CDD") is approved for the Project, the CDD may
assume the Developer's responsibility under this Agreement without the City's approval
("Assumption"). Notice of the Assumption, including copies of the executed documents
memorializing the Assumption, shall be provided to the City pursuant to the notice
provisions of this Agreement.
29. Local Development Permits. The development of the SAP in accordance with the
Existing Zoning is contemplated by the Developer, and may require additional permits or
approvals from the City, County, State or Federal governments or any division thereof.
Subject to required legal processes and approvals, the City shall make a good faith effort
to take all reasonable steps to cooperate with and facilitate all such City approvals, and to
aid in facilitating all other approvals. Such permits and approvals may include, without
limitation, the following as well as any successor or analogous permits and approvals:
(a) Waiver(s), Warrant(s), Exception(s), Variances and SAP Permits;
(b) Subdivision plat and/or waiver of plat approvals;
(c) Public works approvals;
(d) Street vacations and closures;
(e) Covenant -in -Lieu of Unity of Title and/or Unity of Title and/or Declaration of
Restrictions acceptance and the release of any existing unities, covenants or
Declarations of Restrictions;
Water and sanitary sewage agreement(s);
Paving and drainage plans and permits;
(f)
(g)
32