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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 qt-'41 (1) — (r1 44-,611 — kkiS0/1 )674SGI 05- Mfig iC 61-4 TiviaJA,i-rn Odit4SA0 Daid0PrilOn-V- 001A (40 DOC41,14- amid' 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. 6 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 14 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 15 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 16 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. 17 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). 18 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 19 Submitted into the public record for item(s) PZ.10, 11, 12. on 06/27/2019 , City Clerk (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. 23 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 6/1727J19 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). 24 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/ 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. 26 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 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-amend d- :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