HomeMy WebLinkAboutTab 43 - Development Agreement - (OBSOLETE)MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
MIAMI, FLORIDA AND MCD MIAMI, LLC, MAGIC CITY
PROPERTIES I, LLC, MAGIC CITY PROPERTIES II, LLC,
MAGIC CITY PROPERTIES III, LLC, MAGIC CITY
PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V,
LLC, MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY
PROPERTIES VII, LLC, MAGIC CITY PROPERTIES VIII,
LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC CITY
PROPERTIES X, LLC, MAGIC CITY PROPERTIES XI,
LLC, MAGIC CITY PROPERTIES XIV, LLC, MAGIC CITY
PROPERTIES XV, LLC, MAGIC CITY PROPERTIES XVI,
LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC
CITY PROPERTIES XVIII, LLC, MAGIC CITY
PROPERTIES XIX, LLC, MAGIC CITY PROPERTIES XX,
LLC, MAGIC CITY PROPERTIES XXI, LLC, MAGIC CITY
PROPERTIES XXII, LLC, MAGIC CITY PROPERTIES
XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC,
MAGIC CITY PROPERTIES XXV, LLC, DRAGON
GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC,
LEMON CITY GROUP, LLC AND IMPERIAL CAPITAL
GROUP, LLC, REGARDING APPROVAL OF THE MAGIC
CITY INNOVATION DISTRICT SPECIAL AREA PLAN
AND RELATED DEVELOPMENT
This Development Agreement (this "Agreement") is made and entered into this day
of , 2019, by and between and (i) the City of Miami, Florida, a municipal
corporation and a political subdivision of the State of Florida (the "City"), and (ii) MCD Miami,
LLC, a Delaware limited liability company ("MCD Miami"), Magic City Properties I, LLC, a
Delaware limited liability company, Magic City Properties II, LLC, a Delaware limited liability
company, Magic City Properties III, LLC, a Delaware limited liability company, Magic City
Properties IV, LLC, a Delaware limited liability company, Magic City Properties V, LLC, a
Delaware limited liability company, Magic City Properties VI, LLC, a Delaware limited liability
company, Magic City Properties VII, LLC, a Delaware limited liability company, Magic City
Properties VIII, LLC, a Delaware limited liability company, Magic City Properties IX, LLC, a
Delaware limited liability company, Magic City Properties X, LLC, a Delaware limited liability
company, Magic City Properties XI, LLC, a Delaware limited liability company, Magic City
Properties XIV, LLC, a Delaware limited liability company, Magic City Properties XV, LLC, a
Delaware limited liability company, Magic City Properties XVI, LLC, a Delaware limited
liability company, Magic City Properties XVII, LLC, a Delaware limited liability company,
Magic City Properties XVIII, LLC, a Delaware limited liability company, Magic City Properties
XIX, LLC, a Delaware limited liability company, Magic City Properties XX, LLC, a Delaware
limited liability company, Magic City Properties XXI, LLC, a Delaware limited liability
company, Magic City Properties XXII, LLC, a Delaware limited liability company, Magic City
Properties XXIII, LLC, a Delaware limited liability company, Magic City Properties XXIV,
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
LLC, a Delaware limited liability company, Magic City Properties XXV, LLC, a Delaware
limited liability company, Dragon Global Miami Real Estate Investments, LLC, a Florida limited
liability company, Lemon City Group, LLC, a Florida limited liability company, and Imperial
Capital Group, LLC, a Florida limited liability company (collectively, the "Developer"). The
City and the Developer are together referred to herein as the "Parties".
WHEREAS, the Developer is the fee simple owner of approximately seventeen point
seventy-five (17.75) acres of abutting land located in the Little Haiti neighborhood of the City
(collectively, the "SAP Area" or "SAP Property"); and
WHEREAS, the location of the SAP Area within the jurisdictional boundaries of the
City is shown in detail on the aerial map, along with corresponding addresses and legal
descriptions, attached at Exhibit "A"; and
WHEREAS, the SAP Area is currently underutilized, consisting of either (i) vacant and
underdeveloped lots, or (ii) outdated (and often dilapidated) low-rise warehouse and light
industrial structures which do not contribute to pedestrian activity or contemporary commercial
and retail growth, given the SAP Property's central location within the City and its proximity to
the popular Little Haiti Soccer Park; and
WHEREAS, the revitalization of SAP Area is consistent with the City's vision to foster
vibrant entrepreneurial and pedestrian -oriented communities that will attract residents, visitors
and businesses alike; and
WHEREAS, the Developer wishes to contribute to the revitalization of the SAP Area
and surrounding communities by redeveloping the SAP Property into a pedestrian -oriented,
mixed -use urban campus with an eclectic mix of uses that integrates future mass transit options
and will make the SAP Area a premier destination for innovation, technology, entrepreneurship,
entertainment, art and culture, education, wellness and other creative enterprises to be known as
the Magic City Innovation District; and
WHEREAS, the current underutilized status of the SAP Property is inconsistent with the
City's visions for revitalization of the local community and of supporting innovation and
entrepreneurship in technology, and the City seeks to encourage purposeful revitalization and the
development of such uses within the SAP Area; and
WHEREAS, the Developer wishes to contribute to the local community by providing
approximately 3.8 acres of public Open Space/Civic Space Type (as defined in Miami 21) within
the SAP Area, including the development of an approximately 2.18 acre centralized, state-of-the-
art public pedestrian promenade spanning the length of the SAP Area (the "Promenade du
Grand Bois"); and
WHEREAS, the SAP Property is currently designated either Light Industrial, Medium
Density Restricted Commercial or Restricted Commercial on the City's Future Land Use Map,
according to the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"); and
WHEREAS, the SAP Property is currently zoned either D1 (Work Place) or T5-O
(Urban Center), according to the Zoning Atlas of the Miami 21 Zoning Code ("Miami 21"); and
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WHEREAS, the City, under the "Special Area Plan" process outlined at Section 3.9 of
Miami 21, 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 Developer seeks to have the SAP Area rezoned to the Magic City
Innovation District Special Area Plan (the "SAP"), as described in greater detail in the SAP's
Regulating Plan attached at Exhibit "B" (the "Regulating Plan") and Concept Book attached at
Exhibit "C" (the "Concept Book"), both submitted to the City in connection therewith;
WHEREAS, in connection with the SAP Area's rezoning to the SAP, the Developer
seeks to have (i) the Comprehensive Plan's Future Land Use Map designations of certain (but
not all) of the SAP Property amended from the current designations of Light Industrial or
Medium Density Restricted Commercial, as applicable, to General Commercial, as illustrated on
Concept Book Sheets 11-14, and (ii) the Transect Zone designations of certain (but not all) of
the SAP Property amended from the current designations of T5-O and D 1, as applicable, to
MCID-1 or MCID-2, as applicable, as illustrated on Concept Book Sheets 15-18 and described
in detail in the Regulating Plan;
WHEREAS, on January 12, 2018, the Developer filed an application with the City for
approval of the SAP in order to develop the SAP Area in phases as a pedestrian -oriented, mixed -
use project with a range of office, commercial/retail, residential and lodging uses focused on
innovation, technology, entrepreneurship, entertainment, art, culture, education, wellness and
other creative enterprises, and which will include a substantial public Open Space/Civic Space
Type component open to the community (collectively, the "Project"); and
WHEREAS, Chapter 163, Sections 163.3220-163.3243, Florida Statutes (2018), "The
Florida Local Government Development Agreement Act", as amended from time to time,
authorizes and provides for local governments to enter into development agreements with any
person or entity having a legal or equitable interest in real property located within its jurisdiction;
and
WHEREAS, as a condition to the City's final approval of the SAP, the Developer and
the City must enter into and record a development agreement pursuant to Section 3.9.1.f of
Miami 21; and
WHEREAS, the lack of certainty in the development approval process 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, 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
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MAGIC CITY INNOVATION DISTRICT SAP
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WHEREAS, the City Commission pursuant to Ordinance No. 19-
adopted on , has authorized the City Manager to execute this Agreement upon
the terms and conditions set forth below, and the Developer has been duly authorized 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:
1. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to all Parties and
thus adequate consideration for this Agreement.
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 the plural, and words in plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms shall
refer to the instant Agreement in its entirety and not to individual sections or
articles;
(e) The Parties agree that this Agreement shall not be more strictly construed against
either the City or the Developer, as all Parties are drafters of this Agreement; and
(f) 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 attachments and this Agreement.
3. Definitions. Capitalized terms which are not specifically defined herein shall have the
meaning given in Miami 21.
"Agreement" has the meaning given in the Preamble to this Agreement.
"Assumption" has the meaning given in Section 31 of this Agreement.
"CBE" has the meaning given in Section 16(f) of this Agreement.
"CSBE" has the meaning given in Section 16(f) of this Agreement.
"CDD" has the meaning given in Section 30 of this Agreement.
"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.
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"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
Florida unincorporated not -for -profit association.
"Contractors" has the meaning given in Section 16(f) of this Agreement.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"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
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
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MAGIC CITY INNOVATION DISTRICT SAP
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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 16(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.
"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(k) of this Agreement.
"Parking Management Program" has the meaning given in Section 19 of this
Agreement.
"Parties" has the meaning given in the Preamble to this Agreement. The term Parties
shall also include the successors, grantees, heirs and assigns, as applicable, of any Party.
"Permanent Parking Facilities" has the meaning given in Section 19(b) of this
Agreement.
"Planning Director" means the Director of the City's Planning Department or his or her
successor or designee.
"Project" has the meaning given in the Recitals to this Agreement.
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"Promenade du Grand Bois" as introduced in the Recitals to this Agreement, means the
approximately 2.18 acre privately -owned Public Open Space and Civic Space Type (as
defined in Miami 21) intended to provide enhanced connectivity and commercial and
non-commercial activation within the SAP Area, as illustrated in greater detail in the
Concept Book and Regulating Plan.
"Property Interest" means any interest or rights in any SAP Property, including without
limitation, fee simple or other ownership, leasehold, master covenant, condominium,
transferable development right, air right, easement or license interests or rights.
"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.
"Public Open Space" collectively means those certain areas designated by the
Developer within the SAP Area for Open Space (as defined in Miami 21), centralized
public Open Space and/or Civic Space Types (as defined in Miami 21), consisting of
approximately 3.8 acres in total and as illustrated in detail in the Concept Book. Public
Open Space shall generally be unimproved by permanent buildings, open to the sky and
reserved for public use, as further provided and modified by this Agreement, the Concept
Book and Regulating Plan. Public Open Space specifically includes the Promenade du
Grand Bois.
"Regulating Plan" as introduced in the Recitals to this Agreement, means the
Regulating Plan for the SAP approved by the City, consisting of specific modifications to
Miami 21 and applicable to all Development within the SAP Area, attached hereto at
Exhibit "B", as the same may be amended.
"SAP" as introduced in the Recitals to this Agreement, means the Magic City Innovation
District Special Area Plan, inclusive of the Regulating Plan, Concept Book and this
Agreement where applicable.
"SAP Area" or "SAP Property" has the meaning given in the Recitals to this
Agreement.
"SAP Campus Zone" means each of the four (4) SAP campus zones delineated on Sheet
22 of the Concept Book and also described as follows:
• Le Marche DuPuis: The western corridor SAP Campus Zone containing all the
SAP Property with T5-O Transect Zone designations and located adjacent to NE
2nd Avenue.
• Les Bureaux: The western core SAP Campus Zone containing all the SAP
Property with MCID-1 Transect Zone designations located west of the central
MCID-2 Transect Zone area.
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• Les Residences: The central core SAP Campus Zone containing all the SAP
Property with MCID-2 Transect Zone designations, and also the SAP Property
with D 1 Transect Zone designations located south of NE 60th Street.
• Les Ateliers: The eastern core SAP Campus Zone, containing all the SAP
Property with MCID-1 and D1 Transect Zone designations located east of the
central MCID-2 Transect Zone area, and extending to NE 4th Court.
"SAP Development Program" means the proposed development program for the SAP,
as detailed conceptually at Sheet 46 of the Concept Book, including the proposed Uses
(as defined in Miami 21) for the SAP and required parking associated therewith to be
developed within the SAP Area in accordance with the Regulating Plan and this
Agreement. The SAP Development Program specifically excludes Surplus Parking.
"SAP Floor Area Capacity" has the meaning given in Section 8(c) of this Agreement.
"SAP Transportation Trust Fund Contribution" has the meaning given in Section 20
of this Agreement.
"SBE" has the meaning given in Section 16(f) of this Agreement.
"Second Approval Benefit Contribution" has the meaning given in Section 16(b) of
this Agreement.
"Surplus Parking" means any parking spaces or facilities to be developed within the
SAP Area in excess of the parking required for each Use under the Regulating Plan. For
purposes of determining Surplus Parking, the required parking for each Use shall be
inclusive of any parking reductions applied to such Use under the Regulating Plan.
"Term" has the meaning given in Section 7 of this Agreement.
"Transect Zone" has the meaning given in Miami 21.
4. Purpose. The purpose of this Agreement is for the City to authorize the Developer to
redevelop the SAP Property as the Magic City Innovation District SAP. This Agreement
will establish, as of the Effective Date, the land development regulations that will govern
the development of the SAP Property, thereby providing the Developer with additional
certainty during the development process. Pursuant to Section 3.9.1.f of Miami 21,
Development within the SAP shall be pursuant to a recorded development agreement that
will establish the allocation of Thoroughfares and Civic Space Types and Building Area
among the Building sites, and the creation and retention of public benefits.
5. Intent. The Developer and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Magic City Innovation District SAP
(including the Regulating Plan and Concept Book), this Development Agreement, the
Comprehensive Plan, Miami 21, the City Charter, the City Code and the Florida Local
Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes
(2018).
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6. Legal Description of SAP Property; Names of Legal Owners; Applicability. This
Agreement only applies to the SAP Property contained within the SAP Area, as identified
and legally described in Exhibit "A" hereto, which includes the SAP Property's owners
and individual legal descriptions of each parcel.
7. Term of Agreement; Effective Date and Binding Effect. This Agreement shall have a
term of thirty (30) years from the Effective Date (the "Term") and shall be recorded in
the public records of the County and filed with the City Clerk. The Term may be
extended by mutual consent of the Parties subject to a public hearing, pursuant to Section
163.3225, Florida Statutes (2018). This Agreement 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 successors, assigns, grantees, heirs,
legal representatives and personal representatives.
8. Permitted Development Uses; Building Densities and Intensities.
(a) Magic City Innovation District SAP Designation. The City has designated the
SAP Property as the "Magic City Innovation District SAP" on the official Zoning
Atlas of the City, pursuant to the applicable procedures in Miami 21. The specific
Transect Zone designations applicable to properties within the SAP Area shall be
as set forth on Sheets 17-18 of the Concept Book. This Agreement, the
Regulating Plan and Concept Book, as applicable, provide for any deviations
from the underlying regulations of Miami 21 (including the Development
standards for each Transect Zone within the SAP Area), and shall be applicable to
all Development within the SAP Area as set forth therein.
In approving the 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.
(b) Density, Intensity, Uses and Building Heights.
1. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the density and intensity proposed for the SAP are permitted
by the Existing Zoning and are consistent with the Comprehensive Plan.
2. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the uses proposed for the SAP are permitted by the Existing
Zoning and are consistent with the Comprehensive Plan.
3. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the building heights proposed for the SAP are permitted by
the Existing Zoning and are consistent with the Comprehensive Plan.
4. Nothing herein shall prohibit the Developer from requesting a change of
zoning, pursuant to Article 7 of Miami 21, to increase the density or
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intensity of development permitted by the underlying Transect Zone
designation of any portion of the SAP Property by amending the SAP and
this Agreement.
5. In the event the City should amend the Comprehensive Plan to permit the
transfer of densities within a specified area so as to permit densities in
excess of the density limits set forth in a particular Future Land Use Map
category, nothing herein shall prohibit the Developer from requesting such
density transfers within the SAP.
(c) Development of Floor Area within the SAP Area. The total Floor Area (as
defined in Miami 21) that may be developed within the SAP Area is eight million
one hundred sixty-four thousand one hundred forty (8,164,140) square feet (the
"SAP Floor Area Capacity"), limited within each SAP Campus Zone as follows:
1. Le Marche DuPuis: A maximum of forty-five thousand two hundred
(45,200) square feet of Floor Area may be developed within Le Marche
DuPuis, all of which shall be allocated to the SAP Development Program
with zero (0) additional Floor Area for Surplus Parking.
2. Les Bureaux: A maximum of nine hundred fifty-three thousand two
hundred seventy (953,270) square feet of total Floor Area may be
developed within Les Bureaux, with (i) eight hundred forty-six thousand
twenty (846,020) square feet of Floor Area allocated to the SAP
Development Program and (ii) an additional one hundred seven thousand
two hundred fifty (107,250) square feet of Floor Area allocated to Surplus
Parking.
3. Les Residences: A maximum of three million four hundred ninety-nine
thousand six hundred (3,499,600) square feet of total Floor Area may be
developed within Les Residences, with (i) three million two hundred
forty-six thousand eight hundred fifty (3,246,850) square feet of Floor
Area allocated to the SAP Development Program and (ii) an additional
two hundred fifty-two thousand seven hundred fifty (252,750) square feet
of Floor Area allocated to Surplus Parking.
4. Les Ateliers: A maximum of three million six hundred sixty-six thousand
seventy (3,666,070) square feet of total Floor Area may be developed
within Les Ateliers, with (i) three million six hundred fifty-six thousand
seventy (3,656,070) square feet of Floor Area allocated to the SAP
Development Program and (ii) an additional ten thousand (10,000) square
feet of Floor Area allocated to Surplus Parking.
Notwithstanding the foregoing limitations by SAP Campus Zone, up to ten
percent (10%) of the Floor Area allocated to the SAP Development Program in
each SAP Campus Zone may be transferred to other SAP Campus Zones;
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however, no Floor Area allocated to Surplus Parking may be transferred among
SAP Campus Zones.
9. Prohibition on Downzoning.
(a) The Comprehensive Plan in effect on the Effective Date, the Existing Zoning and
this Agreement shall govern the development of the SAP Area for the duration of
this Agreement. The City's laws and policies adopted after the Effective Date
may be applied to the SAP Area only if the determinations required by Section
163.3233(2), Florida Statutes (2018) have been made after thirty (30) days written
notice to the Developer and following a public hearing or as otherwise provided
herein.
(b) This prohibition on downzoning supplements, rather than supplants, any rights
that may vest to the Developer under Florida or Federal law. As a result, the
Developer reserves the right to challenge any subsequently adopted changes to
land development regulations which are in conflict with this Agreement 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 (2018). The City reserves all its defenses, immunities and any
claims it may have in response to the Developer's foregoing right to challenge any
subsequently adopted changes to land development regulations.
10. Future Development Review. Future development within the SAP Area shall proceed
pursuant to the processes and in accordance with the design requirements set forth in the
Regulating Plan and Concept Book attached hereto, although the City and the Developer
agree that the Concept Book shall serve as an illustrative guiding document and the City
shall not withhold development approvals for the SAP Area if otherwise in substantial
compliance with the guidelines and processes of the SAP. The criteria to be used in
determining whether future development shall be approved is the proposed
development's consistency with the Comprehensive Plan, this Agreement and the SAP.
11. Phased Development. The Developer and the City agree that the Project may be
developed by multiple parties in one (1) or more phases over the life of the Project.
Attached as Exhibit "D" is a conceptual phasing plan for the SAP buildout. The
Developer and the City acknowledge and agree that the attached conceptual phasing plan
is conceptual in nature and based on projected future market conditions, and is therefore
subject to adjustment by the Developer.
12. Environmental. Except as otherwise set forth herein, the City and the Developer agree
that the Developer shall comply with the requirements and general intent of Chapter 17 of
the City Code, by performing tree replacement as follows below. The City finds that the
Project will confer a significant net improvement upon the publicly accessible tree
canopy in the area, and will include the preservation of a significant portion of the
existing tree canopy in the area through a combination of tree relocation within the SAP
Area and the planting of new trees along street frontages and in Public Open Spaces as
depicted in the Concept Book.
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(a) Off -site replacement trees. Notwithstanding the requirements of Section 17-6(e)
of the City Code, where tree replacement within the SAP Area is not possible
(including within the SAP Area's Public Open Spaces and Civic Space Types),
the Developer may enter into an agreement with the City to perform tree
replacement on public property in the following order of priority: (i) within a one
(1) mile radius of the SAP Area; or (ii) within any City park subject to approval
by the City. The City further agrees aid in the facilitation of the permitting and
planting of replacement trees on all public rights -of -way within the SAP Area,
within a one (1) mile radius of the SAP Area and within City parks. The
Developer does hereby agree to water, trim, root, prune, brace, nourish or
undertake any other necessary maintenance of the trees it plants, as may be
required by the terms of this Agreement or by the Resilience and Public Works
Department (or its successor), or the City Arborist for the Term of this
Agreement. The Developer further agrees to warrant each off -site replacement
tree for one (1) year after the date of installation. The Developer shall be
responsible for the adequate maintenance and care of these trees for the term of
this Agreement and shall obtain any applicable permits.
(b) SAP Area tree installation, maintenance and guarantee. For all trees placed
within the SAP Area, the Developer shall install any needed irrigation and
corresponding water meters to support the growth and viability of the trees
located within the right-of-way. The Developer shall agree to water, trim, root,
prune, brace or undertake any other necessary maintenance as may be required for
trees located within the SAP Area for the term of this Agreement. The Developer
further agrees to warrant each SAP Area tree for the Term of this Agreement after
installation. A tree removal permit shall be required for all removal, relocation
and mitigation of trees within the SAP Area.
(c) Tree installation. The Developer shall install trees opportunistically within the
public right-of-way, subject to approval by the appropriate City department.
(d) Staff Arborist Review. Tree installation and tree maintenance plans shall be
administratively reviewed and approved by a City staff arborist.
13. Construction of Encroachments in Public Rights -of -Way. The City finds that any
existing pedestrian -related encroachments in the public right-of-way which the Developer
plans to retain as well as the SAP -related pedestrian -related encroachments proposed by
the Developer in the public right-of-way (e.g., a pedestrian overpass over the proposed
modifications to NE 4th Avenue), as illustrated in the Concept Book, do not unduly
restrict the use of the public right-of-way and are an essential element in the construction
of the Public Open Spaces and Civic Spaces to be included in the SAP Area. The
adoption of this Agreement shall serve to satisfy the requirements of Section 55-14(b) of
the City Code. Further, notwithstanding the requirements of Section 55-14(c) of the City
Code, the City agrees to waive any and all claims to payment of a user fee in connection
with the construction or maintenance/retention, as applicable, of the aforementioned
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
encroachments proposed by the SAP within the public rights -of -way and the use of the
same for both vehicular and pedestrian travel and parking, as applicable.
This Agreement shall also satisfy the requirements of Section 55-14(d) of the City Code.
In consideration for authorization the construction or maintenance/retention, as
applicable, of the aforementioned encroachments, the Developer further covenants to:
1. Maintain the proposed pedestrian overpass and any other proposed
encroachment in accordance with the Florida Building Code and the City
Charter and City Code.
2. Restore or remove the encroachment within thirty (30) days of written notice
by the director of the Department of Resilience and Public Works (or its
successor) to properly maintain, restore or remove the overpass or other
encroachment, as applicable. Notwithstanding the foregoing, the City agrees
that it shall not unreasonably order the removal of any such encroachment so
long as the Developer properly maintains and/or restores the encroachment.
3. In the event of a failure of the Developer to restore, maintain or remove the
overpass or other encroachment in accordance with the preceding subsection,
when notified, the City Manager may contract for the restoration, maintenance
or removal of the overpass or other encroachment, and place a special
assessment lien against the Developer's Abutting (as defined in Miami 21)
private property for the unpaid cost of the restoration, maintenance or removal.
These unpaid costs and expenses incurred by the City or its agents shall
constitute special assessment liens against the Abutting private real property of
the Developer, and until fully paid and discharged, or barred by law, shall
remain liens equal in rank and dignity with liens of the City and County ad
valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within sixty (60) days after
their due date. The total outstanding balance of delinquent fees and related
charges shall bear an interest charge of one percent (1%) per month. Unpaid
and delinquent fees, together with accrued interest, shall remain and constitute
special assessment liens against the Developer's Abutting real property
involved which is deriving 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
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
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 61st 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 take all reasonably necessary steps 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).
16. Public and Community Benefits.
(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
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
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 and proportional
amount of the Minimum Public Open Space. Specifically, the amount of
Minimum Public Open Space corresponding to each phase of SAP
development shall be the proportional amount of the entire Minimum
Public Open Space that is equivalent to the proportion of the acreage of
such phase of SAP development compared to the acreage of the entire
SAP Area. For example, if the acreage of a phase of SAP development
comprises fifteen percent (15%) of the acreage of the entire SAP Area,
Public Open Space in an amount of fifteen percent (15%) of the total
Minimum Public Open Space shall be provided in connection with such
SAP development phase.
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 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) events per year,
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
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 follows:
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").
ii. 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 rate of Four and 03/100 Dollars
($4.03) per square foot, to be offset against the amount of the
Initial Benefit Contributions in each applicable building permit
(the "Initial Benefit Contribution Floor Area"). The Initial
Benefit Contribution Floor Area shall be available to the
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
Developer immediately following payment of the Initial Benefit
Contributions.
iii. After 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 of
Four and 03/100 Dollars ($4.03) per square foot of Floor Area,
until the remaining Twenty -Five Million and 00/100 Dollars
($25,000,000.00) is satisfied.
iv. Notwithstanding 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. 8, 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.
v. 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.
vi. 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.
vii. 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 six million (6,000,000) square feet of Floor
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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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
Area at the above rate of Four and 03/100 Dollars ($4.03) per
square foot, for a total of Twenty -Four Million One Hundred
Eighty Thousand and 00/100 Dollars ($24,180,000.00), regardless
of whether Developer has constructed six million (6,000,000)
square feet 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 the development of affordable and workforce
housing, community educational programs, local small business
development, local workforce participation and hiring 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 Dollars and 00/100 ($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.
(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 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
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
agree that the Historic Lemon City/Little Haiti Creole District Design Guidelines
shall continue to apply only to those properties directly fronting on NE 2nd
Avenue between NE 52nd Street and NE 71st Street, and shall not be extended to
any portion of the SAP Area not already subject to the Historic Lemon City/Little
Haiti Creole District Design Guidelines on the date hereof.
(d) Passenger/Commuter Rail Station. In the event a passenger/commuter rail station
serving the SAP Area and the Little Haiti community is developed within or
directly abutting the SAP Area at the location shown in the Regulating Plan and
Concept Book (or at a substantially similar location directly abutting the SAP
Area), the Developer and the City shall cooperate in the development and
construction of the rail station so as to best serve the Project and the surrounding
community. To such end, the Developer agrees that it shall use its good faith,
best efforts to arrange the financing of the construction of such station, through
private funding, public funding (including public grants and loans), or any
combination thereof, and to coordinate and generally oversee the construction
process, to the extent required.
(e) Magic City Innovation District (MCID) Foundation. The Developer has created
the Magic City Innovation District (MCID) Foundation to support local
economic and community development efforts in the Little Haiti community. The
foundation may provide programs to the local community including micro -loans
for local businesses, special jobs training, housing programs, educational
programs for local residents, classes or workshops on entrepreneurship and
cultural programs.
(f) Job Creation and Employment Opportunities. The Developer anticipates that the
Project will generate a substantial amount of non -construction employment
opportunities in the areas of media and technology, the arts and entertainment,
hospitality and recreation, retail, trade and exhibition and education. Generally,
the Developer shall use diligent, good faith efforts to consult and coordinate with
the City's CareerSource South Florida center located at the Lindsey Hopkins
Technical Center at 750 NW 20th Street, 4th Floor, Miami, FL 33127, and other
local and/or state economic development entities and local educational
institutions, regarding job training and job placement services for qualified local
residents seeking such employment opportunities with employers within the SAP
Area. The Developer also anticipates that the Project, during the course of
development, will generate a substantial amount of construction -related
employment opportunities.
1. The Developer agrees to use diligent, good faith efforts to achieve or to
cause its general contractor(s) and subcontractors (collectively, the
"Contractors") to use diligent, good faith efforts to achieve, as
applicable, the following aspirational goals:
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
i. The Developer and its Contractors, as applicable, shall adhere to
the following descending hierarchy with respect to hiring
objectives and practices within the SAP Area:
a. Residents of the City's Little Haiti neighborhood in the
following zip codes: 33137, 33138, 33150 and 33127.
b. Residents of the Southeast Overtown/Park West
Community Redevelopment Area or in the following zip
codes within the City: 33128, 33130, 33134, 33142, 33125,
33135 and the portions of zip codes 33133 and 33146
commonly referred to as "West Coconut Grove".
c. If no residents described above at Section 16(f)(1)(i)(a) or
(b) are qualified or can be qualified within a reasonable
amount of time, then City residents who reside outside the
above targeted City areas and zip codes.
d. If no residents described above at Section 16(f)(1)(i)(a)—(c)
are qualified or can be qualified within a reasonable
amount of time, then County residents who reside within
one (1) of the five (5) zip codes with the highest poverty
rate in the County.
e. If no residents described above at Section 16(f)(1)(i)(a)—(d)
are qualified or can be qualified within a reasonable
amount of time, then County residents who reside outside
the above targeted County zip codes.
The Parties agree that the individuals will be employed based on
the hierarchy established above. For purposes of clarity, the intent
of Section 16(f)(1) is to encourage the Developer and its
Contractors to hire as many qualified persons from communities
within the City and County with high poverty rates to work on the
Proj ect.
ii. The Developer and its Contractors, as applicable, shall use diligent,
good faith efforts to retain subcontractors for the Project, to the
extent available and qualified, which have their principal business
address in a location utilizing the same descending hierarchy of
target areas described above at Section 16(f)(1)(i).
2. Local Workforce Participation in Construction Activities. The Developer
shall require its Contractors to use good faith, best efforts to employ a
minimum of twenty percent (20%) of on -site labor from persons residing
within the City's municipal boundaries.
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
3. Job Sourcing. The Developer shall require its Contractors to use good
faith, best efforts to work with workforce development agencies and
organizations to source job opportunities for both skilled and unskilled
laborers seeking employment opportunities within the construction
industry.
4. Community Business Enterprise ("CBE"), Community Small Business
Enterprise ("CSBE") and Small Business Enterprise ("SBE").
The Developer shall require its Contractors to use good faith, best
efforts to award a minimum of twenty percent (20%) of direct
construction contract costs to subcontractors which are certified as
CBE by the County.
ii. The Developer shall require that seven and one-half percent (7.5%)
of the professional services contracts for soft development costs
including without limitation, design, engineering, survey,
inspection, testing and legal services, shall be awarded to firms
certified by the County as CBE, CSBE or SBE at the time the
contract is signed.
iii. The Developer shall require that ten percent (10%) of the
contractual agreements for construction and construction related
materials, supplies and fixtures are awarded to firms certified by
the County as CBE, CSBE or SBE at the time the contract is
signed.
5. Job Opportunity Advertisements.
The Developer shall require its Contractors (i) to electronically
post job opportunities in the construction of the Project in
established local job outreach websites and organizations,
including without limitation, Youth Co -Op, South Florida
Workforce, NANA, the Florida Department of Economic
Opportunity Career Source of South Florida in Miami, and (ii) to
advertise such construction job opportunities on local Haitian radio
stations serving Little Haiti and at churches within Little Haiti.
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,
(g)
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
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.
7. Minority Internship Program. MCD Miami (or an affiliate thereof) shall
establish an internship program at the SAP offering internships on a
periodic basis to a limited number of qualified high school or post-
secondary students and graduates who are minorities residing in Little
Haiti. 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).
The foregoing standards and requirements of this Section 16(f) 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, construction laborers with minor or
insignificant non-violent felonies shall not be denied employment solely based
upon such criminal record.
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) Educational Institution. The Developer agrees that it shall use good faith efforts
to partner with, or otherwise seek the involvement of, an accredited public or
private post -secondary educational institution for purposes of input and/or
programming in the development of the SAP.
(i)
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.
(j) SAP Identification. The Developer shall include the words "Little Haiti" in all
outdoor signs and displays identifying or referencing the SAP.
(k) 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
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
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").
(1) 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.
(m)
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).
(n) Eaton Park Beautification and Parking. The Developer shall fund landscaping
and fencing projects at Eaton Park (approximately located at 460 NE 61 st Street)
in the total amount of up to One Hundred Thousand and 00/100 ($100,000.00).
The Developer shall also cooperate with the Palm Grove Neighborhood
Association in its request or application to the City and/or the Miami Parking
Authority (MPA) to construct a public parking lot at the southern end of Eaton
Park.
17. Right -of -Way and Pedestrian Infrastructure Improvements. The Developer shall
landscape and construct improvements to all portions of rights -of -way immediately
fronting properties within the SAP Area (i.e., NE 2nd Ave., NE 3rd Ave., NE 4th Ave.,
NE 60th St., NE 61st St. and NE 62nd St.), in substantial accordance with the SAP
thoroughfare sections shown in the Concept Book and Miami 21, as applicable. Such
improvements shall include without limitation: sidewalks designed to accommodate
increased pedestrian activity; crosswalks with contrasting pavers on all right-of-way
immediately fronting the SAP; landscaping per the standards of the Regulating Plan and
Miami 21, as applicable; paving and hardscape improvements; right-of-way
improvements (e.g., the proposed rerouting of NE 4th Ave. and the extension of NE 3rd
Ave.); streetscape improvements, including without limitation, benches, street lighting,
wayfinding signs, trash receptacles and planters, the design of which shall be approved
by the Planning Department prior to the issuance of a building permit for the SAP; and
general thoroughfare and streetscape improvements. The proposed right-of-way
improvements described herein and as shown in the Concept Book are subject to
approval by the City's Planning and Resilience and Public Works Departments (or their
successors), and to the extent applicable for any rights -of -way under County maintenance
jurisdiction, corresponding approval by the County's Transportation and Public Works
Department.
(a) For every three hundred (300) linear feet of uninterrupted street frontage within
the SAP Area, the Developer shall provide a minimum of one (1) cross -block
Pedestrian Passage. A cross -block Pedestrian Passage shall be required only
where (i) three hundred (300) linear feet of street frontage are uninterrupted by a
right-of-way, drop-off point or similar pedestrian -oriented design feature and (ii)
the Pedestrian Passage will result in a pedestrian connection between either (x)
23
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
two (2) public rights -of -way or (y) a public right-of-way and the Promenade du
Grand Bois. Where a Pedestrian Passage is required, the Developer shall have
reasonable flexibility in the design, configuration and location of the Pedestrian
Passage within the applicable frontage area. A Pedestrian Passage may be roofed
above the first floor for one hundred percent (100%) of its length, but any roofed
portion shall not count towards minimum Open Space requirements under the
Regulating Plan.
(b) The Developer shall also include dedicated bicycle lanes within and directly
abutting the SAP Area as shown on Sheet 38 of the Concept Book. Such bicycle
lanes may be created as painted or colored bicycle lanes only, and shall not be
required to be protected or segregated bicycle lanes, in the Developer's discretion.
(c) Attached at Exhibit F 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 F. 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 F.
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.
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(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 the
City Code, as applicable), interim and temporary parking on conditionally,
unimproved and partially improved lots by valet service may 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, interim 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 such 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. In the event that valet service is
no longer provided for interim parking within the SAP Area, the Developer shall
comply with the applicable parking requirements.
(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,
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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.
The maximum number of Alcohol Service Establishments (as defined in Miami 21)
permitted within the SAP Area shall not exceed five (5) per retail specialty center, for a
total of ten (10), with three (3) Alcohol Service Establishments permitted as of the
Effective Date and one (1) additional Alcohol Service Establishment permitted on each
anniversary of the Effective Date up to ten (10) in total. Such ten (10) Alcohol Service
Establishments are exclusive of (i) Food Service Establishments (as defined in Miami 21)
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 or cafes operating with a 2-
COP, 4-COP, SFS or equivalent license) and (ii) other establishments with an alcoholic
beverage license which are otherwise exempt from distance separation requirements
under Section 4-4 of the City Code (e.g., bona fide, licensed hotels operating with a 4-
COP S or equivalent license).
Notwithstanding anything to the contrary contained in Chapter 4 of the City Code
(including Sections 4-4 and 4-7 thereof) or in Miami 21, the City and the Developer
hereby acknowledge and agree that, within the SAP Area, (i) Alcohol Service
Establishments, (ii) Food Service Establishments and (iii) other establishments with an
alcoholic beverage license which are not otherwise exempt from distance separation
requirements under Section 4-4 of the City Code shall each be permitted By Right (as
defined in Miami 21), in accordance with Article 4, Table 3 and Article 6, Table 13 of the
Regulating Plan, and shall not require any specific administrative or public hearing
approval (i.e., no Warrant or Exception under Miami 21 or Chapter 4 of the City Code)
for the commencement or continuation of such establishment or use. In addition, all
restrictions contained in Chapter 4 of the City Code or in Miami 21 relating to the
maximum number or location of Alcohol Service Establishments, including without
limitation, required distances from churches, residential districts, schools and other
Alcohol Service Establishments, whether within or outside the SAP Area, shall not be
applicable to any Alcohol Service Establishment within the SAP Area.
In addition, notwithstanding anything to the contrary contained in Chapter 4 of the City
Code (including Section 4-3 thereof), the City and the Developer hereby further agree
that the permissible operating hours for alcohol sales at Alcohol Service Establishments
and Food Service Establishments within the SAP Area shall be as follows: (i) for
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consumption on the premises, Monday — Sunday between the hours of 11:00 a.m. — 3:00
a.m., but with one (1) Alcohol Service Establishment eligible to operate between the
hours of 11:00 a.m. — 5:00 a.m.; provided, however, an extension of operations to 5:00am
for additional Alcohol Service Establishments may be permitted by Exception granted by
the City's Planning, Zoning and Appeals Board; and (ii) for consumption off the
premises, Monday — Saturday between the hours of 9:00 a.m. — 12:00 a.m. and Sunday
between the hours of 9:00 a.m. — 7:00 p.m. (with permissible operating hours
automatically extended until 10:00 p.m. on Sundays during the month of December).
22. Miami Trolley. The Developer acknowledges that the City may extend its trolley system
further into Little Haiti and that this expansion may traverse or abut the SAP Area. The
Developer agrees to cooperate with the City so that any portion of the trolley route which
runs through or is immediately adjacent to the SAP Area can be reasonably
accommodated within the dedicated public rights -of -way. The City agrees that, in the
event the trolley system will traverse or immediately abut the SAP Area, the City will
allow one (1) or more trolley stops within and/or immediately abutting the SAP Area, in
full cooperation with the Developer as to the number and location of any such stops.
Trolley stops located within and/or directly abutting the SAP Area shall be furnished and
maintained by the Developer in a manner approved by the Planning Department;
provided, however, the Developer shall not be required to furnish or maintain any trolley
stop in a manner materially different or more substantial than trolley stops furnished or
maintained by the City. Notwithstanding the foregoing, for any trolley stop located
within or directly abutting the SAP Area, the Developer shall furnish and maintain each
such trolley stop with a bus shelter and bench of a type and style as selected by the
Developer in its discretion (subject to City and County approval, as applicable), provided
that each bus shelter and bench is of a size, type and quality meeting at least the
minimum standards generally utilized by the City and/or County in bus shelters and bus
shelter benches.
23. Personal Wireless Service Facilities (PWSF). The City and the Developer agree that
the City shall approve, at a minimum, at least one (1) Personal Wireless Service Facility
(PWSF) (as defined in Miami 21) antenna, monopole or tower to be located within the
SAP Area, on a rooftop or as a standalone monopole or tower; provided that such PWSF
shall comply with all requirements under, and be formally approved by the City in
accordance with, the standards set forth in the Regulating Plan and Miami 21, as
applicable.
24. Temporary Uses; Temporary Use Permits.
(a) Except as otherwise set forth herein, temporary uses within the SAP Area shall be
generally permitted in accordance with the requirements of Chapter 62 of the City
Code.
(b) Notwithstanding the foregoing, permits for temporary uses on vacant land within
the SAP Area, issued under Section 62-535 of the City Code, shall be issued in
accordance with the following:
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1. Such permits shall have a duration of five (5) years with two (2)
administrative extensions of one (1) year each available to the Developer,
which extension shall be granted by the Planning Director and shall not be
unreasonably withheld, delayed or conditioned, for a total of seven (7)
years for any such permit.
2. The Developer may utilize off -site parking to satisfy the required off-street
parking generated by a site plan submitted to the City for a permit for
temporary uses on vacant land, provided that such off -site parking is
located within 1,500 feet of the area covered by the site plan and is on land
owned or leased by the Developer.
(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) which the Developer
(i) anticipates to exceed two thousand (2,000) guests or (ii) does not anticipate to
exceed two thousand (2,000) guests but are not among the temporary events
listed below at subsection (b), 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 complete its review of the
application within five (5) business days of submittal to ensure coordination of
needed City services and avoid possible adverse impacts of the event.
(b) To the extent governed by the laws and regulations of the City, the City hereby
finds and agrees that the following temporary/special events constitute ancillary
uses of the SAP when contained wholly within the SAP Area, including its
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Public Open Space (and not contained within or encroaching into any publicly
dedicated right-of-way, street or sidewalk): health, fitness and wellness events;
farmers' markets; grand openings; holiday sales; outdoor sales; groundbreakings;
and neighborhood sales events. The City further finds that the above -listed
specific activities, when not anticipated to exceed two thousand (2,000) guests,
will not:
1. substantially interrupt the safe and orderly movement of other traffic
contiguous to the temporary event;
2. substantially diminish routine police service levels to the entire
community;
3 unduly interfere with the proper fire and police protection or ambulance
service to areas contiguous to the temporary event as a result of the
concentration of persons and vehicles;
4. interfere with the movement of firefighting apparatus en route to an
emergency call; or
5. present an unreasonable danger to the health and safety of the public.
Therefore, notwithstanding the requirements of Sections 62-520 through 62-523
and Section 54-6.3 of the City Code, the City and Developer agree that the
specific temporary/special events listed above in this subsection (b) shall not
require the issuance of a City temporary or special event permit.
26. City Impact Fees. Any City impact fee requirements which may be applicable to the
development of the SAP at the time of obtaining building permits for any construction
phase or portion thereof, in accordance with Chapter 13 of the City Code, will be those
impact fee amounts and requirements currently set forth in Chapter 13 of the City Code
and in effect on the Effective Date.
27. Platting; Required Subdivision Improvements.
(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
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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.
28. Public Art. As illustrated in detail the Concept Book and Regulating Plan, the
Developer endeavors to provide beautified, state-of-the-art Public Open Space within the
SAP Area, which will be thoroughly landscaped and include a range of contemporary,
pedestrian -friendly street furniture and Developer -selected public art. In exchange for
providing such Public Open Space significantly in excess of what would otherwise be
required under Miami 21, the City and the Developer agree that the Developer shall not
be bound relative to the development of the SAP by any public art fee or other
requirements the City currently imposes, or may impose in the future, on Development
activities under the City Code or Miami 21, including under Chapter 62 of the City Code
and Article 11 of Miami 21, as the same may be amended from time to time.
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.
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.
31. 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;
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(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;
(f) Water and sanitary sewage agreement(s);
(g) Paving and drainage plans and permits;
(h) Tree removal permits;
(i) Demolition permits;
(j) Environmental Resource Permits;
(k) County transit approvals;
(1) County right-of-way approvals;
(m) Historic preservation approvals;
(n) Federal Aviation Administration (FAA) and Miami -Dade Aviation Department
(MDAD) determination(s) and approval(s);
(o) Right-of-way permits or licenses;
(p) Miami Parking Authority (MPA) approvals;
(q) Temporary use permits and temporary/special event permits;
(r) Building permits;
(s) Certificates of use and/or occupancy;
(t) Stormwater permits; and
(u) Any other official action of the City or other government agency having the effect
of permitting or authorizing Development within the SAP Area.
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 project
within the SAP Area shall be vested solely in the City Manager, with the
recommendation of the Planning Director. Any such site plan shall be approved if it
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meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan and
the terms of this Agreement.
32. Necessity of Complying with Regulations Relative to Development Permits. The
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 the Developer of the necessity of complying with the regulation governing said
permitting requirements, conditions, fees, terms, licenses or restrictions. Pursuant to
Section 163.3241, Florida Statutes (2018), if State or Federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties' compliance
with its terms, this Agreement shall be modified or revoked as is necessary to comply
with the relevant State or Federal laws.
33. Consistency with Comprehensive Plan; Public Facilities. The City finds that
development of the SAP Area as proposed by the SAP is in conformity with the Existing
Zoning and is consistent with the Comprehensive Plan. As of the Effective Date, the
Developer has conducted an extensive analysis of the Public Facilities available to serve
the SAP Area and the Project. In the event that the Existing Zoning and/or the
Comprehensive Plan requires the Developer to provide additional Public Facilities to
address any deficiencies in officially required levels of service occasioned by future
development within the SAP Area or as a result of the development of the Project, the
Developer will provide such Public Facilities consistent with the timing requirements of
Section 163.3180, Florida Statutes (2018), or as otherwise required by Chapter 13 of the
City Code, if applicable. In each such case, the Developer shall be bound by the City
impact fees and assessments in existence as of the Effective Date of this Agreement.
34. Cooperation; Expedited Permitting; 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 under this Agreement. The City agrees to
use its best efforts to expedite the permitting and approval processes applicable to
development within the SAP Area in an effort to assist the Developer in achieving its
development and construction milestones. To such end, the City shall accommodate
requests from the Developer'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 shall designate an individual
within the City Manager's office who will have a primary (though not exclusive) duty to
serve as the City's point of contact and liaison with the Developer in order to facilitate
expediting the processing and issuance of all permit and license applications and
approvals across all 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
required for development within the SAP Area. Notwithstanding the foregoing, the City
shall not be obligated to issue any Development Permit to the extent the Developer does
not comply with the applicable requirements of the Existing Zoning, the Comprehensive
Plan, this Agreement or applicable building codes or regulations.
35. Reservation of Development Rights.
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(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the SAP 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 SAP Property in a manner consistent with (i) the
Existing Zoning and/or the Comprehensive Plan, (ii) any zoning change
subsequently requested or initiated by the Developer in accordance with the
provisions of applicable law or (iii) any zoning change subsequently enacted by
the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including without limitation, any claims of
vested rights or equitable estoppel, obtained or held by the Developer or its
successors, grantees, heirs or assigns to continued development of the SAP
Property in conformity with the Existing Zoning and all current and prior active
and approved development permits or development orders granted by the City
under the Existing Zoning.
36. Annual Report and Review.
(a) This Agreement shall be reviewed by the City annually on the anniversary of the
Effective Date. The Developer, or its representative or agent, shall submit an
annual report to the City for review at least thirty (30) days prior to the annual
review date. The annual report shall contain a section by section description of
the Developer's compliance with its obligations under this Agreement. Any
information required of the Developer to be included in the annual report shall be
limited to that information necessary for the City to reasonably determine the
extent to which the Developer has complied or is proceeding in good faith to
comply, as applicable, with the terms of this Agreement. The Developer's
obligation to submit an annual report shall cease as of the date on which this
Agreement is terminated pursuant to any such term or provision herein.
(b) If the City finds in the annual report, on the basis of competent substantial
evidence, that the Developer has failed to comply with any of its obligations
under this Agreement, the City may take action to terminate or amend this
Agreement as set forth in this subsection. The City shall provide the Developer
with written notice of its intent to terminate or amend the Agreement, and such
notice shall state the reasons for the termination or amendment. Upon receipt of
such written notice, the Developer shall have thirty (30) days to cure the default,
or such longer period of time as may reasonably be necessary to cure the default if
it is of such nature that cannot be cured within thirty (30) days; provided,
however, that the Developer commences action to cure the default within thirty
(30) days and diligently pursues the cure thereafter. Should the Developer fail to
cure within the aforementioned periods, as applicable, the City may terminate or
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amend this Agreement by holding two (2) public hearings before the City
Commission to consider and deliberate regarding such termination or amendment.
37. Notices. 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.
To the City:
City Manager, City of Miami
Miami Riverside Center
444 SW 2nd Avenue, loth Floor
Miami, Florida 33130
With copies to:
City Attorney
Office of the City Attorney
Miami Riverside Center
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
Director of Planning and Zoning
Planning & Zoning Department
Miami Riverside Center
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
To the Developer:
Mr. Neil Fairman
Mr. Anthony Burns
Mr. George Helmstetter
c/o Plaza Equity Partners, LLC
SunTrust International Center
One SE 3rd Avenue, Suite 2110
Miami, FL 33131
With copies to:
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MAGIC CITY INNOVATION DISTRICT SAP
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Neisen O. Kasdin, Esq.
c/o Akerman LLP
98 SE 7th Street, Suite 1100
Miami, Florida 33131
Any Party to this Agreement may change its notification address(es) by providing written
notification to the remaining Parties pursuant to the requirements of this Section 37.
38. Joinder.
(a) If, subsequent to the Effective Date, the Developer (or its successors, grantees,
heirs or assigns) seeks to incorporate additional Abutting (as defined in Miami 21)
property into the SAP, such additional property shall also be incorporated into this
Agreement, subjecting it to the rights and obligations established hereunder;
provided, that the Developer shall obtain all required City approvals to
incorporate such additional property into the SAP (including review and
recommendation by the City's Planning, Zoning and Appeals Board and approval
by the City Commission), and shall either (i) amend this Agreement in accordance
with the provisions hereof to include such additional property, or (ii) execute and
record the Joinder Form and Acknowledgement of Joinder attached hereto as
Exhibit "G" to incorporate such additional property (and provide a recorded copy
to the City Clerk). Notwithstanding the foregoing, if, in connection with the
incorporation of additional Abutting property into the SAP, any term or provision
of this Agreement must be amended for the SAP to remain in compliance with
Miami 21 (including Article 3.9 thereof), then this Agreement shall be amended
in accordance with the terms hereof.
(b) The Parties agree that any property which is incorporated into this Agreement
subsequent to the Effective Date in accordance with this provision shall be subject
to the Existing Zoning, the Comprehensive Plan and the general terms of the SAP
and this Agreement. In the event that the City does not afford any subsequently
incorporated property with the protections of the Existing Zoning, the
Comprehensive Plan and the terms of the SAP and this Agreement, the City will
be deemed to have breached this Agreement.
(c) Nothing herein shall prohibit the Developer from objecting to any City policy that
would not afford a subsequently incorporated property into the SAP Area and this
Agreement with the protections of the Existing Zoning, the Comprehensive Plan
and the terms of the SAP and this Agreement, as applicable.
39. Authorization to Withhold Permits and Inspections. In the event the Developer is
obligated to make payments or improvements under the terms of this Agreement or to
take or refrain from taking any other action under this Agreement, and such obligations
are not performed as required, in addition to any other remedies available, the City is
hereby authorized to withhold any further Development Permits, and refuse any
inspections or grant any development approvals until such time as this Agreement is fully
complied with.
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40. Exclusive Venue; Choice of Law; Specific Performance. It is mutually understood and
agreed by the Parties 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 the County. In addition to any other legal rights and
remedies under applicable law, the City and the Developer 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 are an improper or inconvenient venue. Moreover, the Parties
consent to the personal jurisdiction of the aforementioned courts and irrevocably waive
any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury
trial.
41. Voluntary Compliance. The Parties agree that in the event all or any part of this
Agreement is struck down by judicial proceedings or preempted by legislative action, the
Parties shall continue to honor the terms and conditions of this Agreement to the extent
allowed by law.
42. No Oral Change or Termination. This Agreement and the exhibits and attachments
appended hereto and incorporated by reference 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. No change, modification or discharge hereof in whole or in part shall be effective
unless such change, modification or discharge is in writing and signed by the Party
against whom enforcement of the change, modification or discharge is sought (and, if
applicable, after such change, modification or discharge is effected in compliance with
Section 54 of this Agreement). This Agreement cannot be changed or terminated orally.
43. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the term of this Agreement, the Developer and the City hall
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.
44. Representations. Each Party represents to the other(s) that this Agreement has been
duly authorized, executed and delivered by such Party and constitutes the legal, valid and
binding obligation of such Party, enforceable in accordance with its terms.
45. 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
36
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
in addition to all other remedies at law or equity arising from such event of default,
except where otherwise expressly provided.
46. Events of Default.
(a) The Developer shall be in default under this Agreement if the Developer fails to
perform or breaches any term(s), covenant(s) or condition(s) of this Agreement,
which breach 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 the
Developer 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(s), covenant(s) or condition(s) of this Agreement and such
failure is not cured within thirty (30) days after receipt of written notice from the
Developer specifying the nature of such breach; provided, however, that if such
breach cannot reasonably be cured within thirty (30) days, the City shall not be in
default if it commences to cure such breach within said thirty (30) day period and
diligently prosecutes such cure to completion.
(c) It shall not be a default under this Agreement if any Party is declared bankrupt by
a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive such bankruptcy of any Party. The Parties hereby forfeit any right to
terminate this Agreement upon the bankruptcy of a Party.
(d) Notwithstanding the foregoing or anything contained in this Agreement to the
contrary, and provided the SAP as a whole remains in compliance with the
minimum requirements of Article 3.9 of Miami 21, (i) a default by any
successor(s), grantee(s), heir(s) or assign(s) of the Developer of any portion of
this Agreement shall not be deemed to be a breach by (A) the Developer, or (B)
any other successor, grantee, heir or assignee of the Developer; and (ii) a default
by the Developer under this Agreement shall not be deemed to be a breach by any
successor(s) grantee(s), heir(s) or assignee(s) of the Developer of their respective
rights, duties or obligations under this Agreement. For purposes of clarity, the
Project may be developed by multiple parties in multiple phases. Any actual or
alleged default by a developer of a portion(s) or phase(s) of the Project, including
without limitation the Developer, shall not cause, nor be treated, deemed, or
construed as a default by another developer or Party with respect to any other
portion(s), phase(s) or component(s) of the Project.
47. Remedies Upon Default.
(a) Neither Party may terminate this Agreement upon the default by another Party,
except as expressly otherwise provided herein including at Section 36(b), but shall
have all of the remedies enumerated herein.
37
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
(b) Upon the occurrence of a default by a Party to this Agreement not cured within
the applicable grace period, the Developer 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 such Party to also seek monetary
damages, injunctive relief or any other relief available under applicable law other
than termination of this Agreement.
48. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, hereafter be determined by a court or other
legal authority of competent jurisdiction 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.
49. Assignment and Transfer. This Agreement shall be binding on the Developer and its
heirs, grantees, successors and assigns, including the successor to or assignee of any
Property Interest. The Developer, in 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 a Property Interest without the prior written consent
or any other approval of the City. The Developer shall provide written notice of any such
assignment to the City in accordance with the requirements of Section 37. Any such
assignee shall in writing in a legal form acceptable to the City Attorney, assume all
applicable rights and obligations under this Agreement, and upon such assumption, the
assigning Party shall be released from all obligations assumed by such assignee.
50. 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 (1) 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; (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 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.
51. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency, partnership or joint venture relationship between the City and the
Developer, and neither the Developer nor its employees, agents, contractors, subsidiaries,
divisions, affiliates or guests shall be deemed agents, instrumentalities, employees or
contractors of the City for any purpose hereunder, and the City, its contractors, agents
and employees shall not be deemed contractors, agents or employees of the Developer or
its subsidiaries, divisions or affiliates.
38
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
52. Successors, Assigns and Designees. The covenants and obligations set forth in this
Agreement shall extend to the Developer, and its successors, grantees, heirs and assigns.
Nothing contained herein shall be deemed to be a dedication, conveyance or grant to the
public in general nor to any persons or entities except as expressly set forth herein.
53. Enforcement.
(a) In the event that the Developer, its successors, grantees, heirs and/or assigns, as
applicable, fails to act in accordance with the terms of the Existing Zoning, the
City shall seek enforcement of said violation upon the applicable portion of the
SAP Property owned by the Developer or its successors, grantees, heirs and/or
assigns, as applicable.
(b) Enforcement of this Agreement shall be by action against any Parties or person
violating, or attempting to violate, any covenants or agreements set forth in this
Agreement. Each party to any such action shall bear their own attorney's fees.
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
54. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its Term except by mutual agreement of the Developer
(including its successors, grantees, heirs and assigns, as applicable) and the City in
writing (except as expressly provided otherwise herein including at Section 36(b)). Prior
to amending or terminating this Agreement, the City Commission shall hold two (2) duly
noticed public hearings on the matter.
(a) Notwithstanding the foregoing, and as provided in this Agreement, the Project
may be developed in one (1) or more phases in accordance with the Existing
Zoning and this Agreement. This Agreement may be modified, amended or
released as to any phase, or any portion thereof, by a written instrument executed
by the then owner(s) of such phase, provided that the same is also approved by the
City Commission at two (2) public hearings and that following such modification,
amendment or release all other Miami 21 minimum requirements for Special Area
Plans continue to be complied with (such as minimum acreage). In the event that
there is a recorded homeowners, master, condominium and/or other association
covering the SAP Property, or any phase or any portion thereof, said association
may (in lieu of the signature or consent of the individual members or owners), on
behalf of its members and in accordance with its articles of incorporation and
bylaws, consent to any proposed modification, amendment or release (in whole or
in part) of this Agreement by written instrument executed by the association. Any
consent made pursuant to a vote of an association shall be evidenced by a written
resolution of the association and a certification executed by the secretary of the
association's board of directors affirming that the vote complied with the articles
of incorporation and the bylaws of the association. For purposes of this
Agreement, references to "condominium association" or "association" shall mean
39
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
any condominium or other association or entity, including master association, as
applicable, which governs any portion of the SAP Property.
55. Third -Party Defense. The City and the Developer shall each, at their own cost and
expense, vigorously defend any claims, suits or demands brought against them by third
parties challenging this Agreement or the Project, or objecting to any aspect thereof,
including without limitation, (i) a consistency challenge pursuant to Section 163.3215,
Florida Statutes (2018), (ii) a petition for writ of certiorari, (iii) an action for declaratory
judgment or (iv) any claims for loss, damage, liability or expense (including reasonable
attorneys' fees). The City and the Developer shall promptly give the other written notice
of any such action, including those that are pending or threatened, and copies of all
responses, filings and pleadings with respect thereto.
56. No Third -Party Beneficiary. No persons or entities other than the Developer and the
City, and their heirs and permitted successors, grantees and assigns, shall have any rights
whatsoever under this Agreement.
57. Recording. This Agreement shall be recorded in the Public Records of the County by
the Developer at the Developer's expense and shall inure to the benefit of the City. A
copy of the recorded Agreement shall be provided to the City Clerk and City Attorney
within two (2) weeks of recording.
58. No Conflict of Interest. The Developer agrees to comply with Section 2-612 of the City
Code as of the Effective Date, with respect to conflicts of interest.
59. 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.
60. Estoppel Certificate. Upon request by any Party to this Agreement, or any of its
successors, grantees, heirs and/or assigns, the City shall deliver, within thirty (30) days
after such request is made, a certificate in writing (in a recordable form, if requested)
certifying (i) that this Agreement is unmodified and in full force and effect (or if there
have been any modifications, a description of such modifications and confirmation that
this Agreement as modified is in full force and effect); (ii) that to the best knowledge of
the City, the requesting Party is not, at that time, in default under any provision of this
Agreement, or, if in default, the nature thereof in detail; (iii) to the best knowledge of the
City, whether such Party has a claim against any other Party under this Agreement, and,
if so, the nature thereof and the dollar amount of such claim; and (iv) such other matters
as such requesting Party or its lender may reasonably request. The Parties further agree
that such certificate shall be in a form reasonably acceptable to the City Attorney and
may, in addition to the Developer (including its successors and assigns) be relied upon by
(i) any prospective purchaser of the fee or mortgage or assignee of any mortgage on the
fee of the SAP Property or any portion thereof and/or (ii) any prospective or existing
lender of the Developer (including its successors and assigns) as identified by the
Developer in its request therefore.
40
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 3/11/19
NOW, THEREFORE, the City and the Developer have caused this Agreement to be
duly executed.
[Signature Pages for the City and the Developer Follow]
41
CITY OF MIAMI, FLORIDA
By:
Emilio T. Gonzalez, City Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MCD MIAMI, LLC, a Delaware limited
liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of MCD Miami, LLC, a
Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES I, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties I,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES II, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties II,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES III, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties III,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES IV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties IV,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES V, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties V,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties VI,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties VII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VIII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties VIII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES IX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties IX,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES X, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties X,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XI,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XIV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XIV,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XV,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XVI,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XVII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVIII, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XVIII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XIX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XIX,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XX,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XXI,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXIII, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXIII,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXIV, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXIV,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XXV,
LLC, a Delaware limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
DRAGON GLOBAL MIAMI REAL
ESTATE INVESTMENTS, LLC, a Florida
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Dragon Global Miami Real
Estate Investments, LLC, a Florida limited liability company. Personally Known or
Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
)SS
LEMON CITY GROUP, LLC, a Florida
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Lemon City Group, LLC, a
Florida limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
)SS
IMPERIAL CAPITAL GROUP, LLC, a
Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Imperial Capital Group,
LLC, a Florida limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
EXHIBIT A
Aerial Map, Addresses and Legal Descriptions of SAP Parcels
See attached.
Aerial Map
Magic City Innovation District SAP
City of Miami, FL
= SAP Boundary
Aerial Map
Magic City Innovation District SAP
City of Miami, FL
= SAP Boundary
fr.t
EXHIBIT A
SPECIAL AREA PLAN APPLICATION
THE MAGIC CITY INNOVATION DISTRICT SAP
Legal Descriptions of SAP Property
Address: 6041 NE 2nd Avenue
Folio: 01-3218-015-0140
Legal Description:
Hew. al a pnw,1 2 1ee1 Last and 204 feel 6 aches South of Northwest corner of SW 1J 4 of Seconn 16, Township 53 South, Range 42 East Pont of Beginnng, Ming Southwest comer of
prietion of Lemon Avenue and County rock road, run South 100 feet, thence Northeaglerty parallel with Leman Avenue 170 feel, thence Ncx1h 100 feel tca Soul!! brie Lemon Avenue; thence
Soulhwealery abon4SSouni brie Lemon Avenue 170feel is Porii of Begrinung„ Marni-DadeComity, Fkaada.
Less the With 2.5 feel conveyed to the City of Mka n. by Warranty [deed recorded n Deed Bock 365 7, Page 334 and re -recorded ri afieul Recce Book 4630, Paige 4g0.
Address: 228 NE 61st Street
Folio: 01-3218-015-0150
Le2a1 Description:
Beyry^why, al a co.e.1 fs beet East of and 2014 feel and 6 lichee South of tie Ncethwesl corner of the &nutmeat Onetbiarier of Secbien 116, Tcrwnntrp 53 Souln, Range 42 Eaet Mrarn cbe
County, Florida, Um Point beg tie Southeast corner of the ritersecion of the Northeast 61s1 S1reel (Lemon Avenue) and Noarteaat. Second Avenue (County Ronk Road), thence run in a
Northeasterly direction along tie Solt! OM of sad ;Northeast 61 s Sleet (Lennon Avenue) 170 feel to the Peril of Beginning, thence run South 100 feel: thence rill in a Nathenisterty olrecion
)aster with said Ncitiewst 61etStreet 60 feet; thence nn North 100 feel b3 sail Fineries! 61s1 Street thence rim in a So+ul►wuealeny Menne aineg said Nalheaai, 6181. Street 60 feet to the
Pont of Beg.tiirig.
Less Me Norlh 2.5 feel cc weyed is the City of Miami by 1Narranty Deed recorded in Deed Bock 3684, Page 243 and re -recorded n Ofici Records! Beak 4630, Page 474.
43658518;2
Address: 240 NE 61st Street
Folio: 01-3218-015-0160
Le2a1 Description:
PIERCES DIVISION Of LEMON CITY, Section 18, Township 53 South, Range 42 East, as recorded n the Patric Records of MAramt-Dade County, Honda, in Plat Book B, Page 43, and
Revised Plat thereof, as recorded in Plat Bock 2, Page 41. Beginning 230 feel Northeast. of Southeast. comer of lemon Avenue and County Road, thence Northeasterly feet Scum 166 feet
Southwesterly g8 feel; hence North 100 feel to Pont of acquiring.
Leas the North 2.5 feet conveyed to the City of Miami by Warranty Deed recorded in Deed Bock 368 7, Page 364 and re -recorded in Official Records Book 4612, Page 50$.
Address: 6001 NE 2nd Avenue
Folio: 01-3218-015-0210
Le2a1 Description:
Begrirrng at a Pont, 25 feet. East and 304 feet 6 inches South of Nei -Wiest corner of the Sou iwwest Quarter of Section 18, Township 53 South, Range 42 East theme run in a Northeasterly
direcicri parapet will Leman Avenue as now traveled, 1266 feet finches more cc less to Railroad Avenue in Piierce's Division of lemma City; thence Sough along seed Railroad Avenue 210 feet
to a street. 50 feel, wide; thence in a Sou waesterty direction along the Narti Yoe of said street parallel with said Leman Avenue 1266 feel 6 inches mare or lei to the County Rode Road al a
Kern opposite beginning; fence North along said County Road 210 feet is place of beginning.
Address: 352 NE 61st Street
Folio: 01-3218-022-0060
Legal Description:
Parcel ''D":
Commer►3e al a peril en tie Westerly lie of lhe Northeiest id 4 of the Soultiwes1 V 4 of Section 18, Township 53 South, Range 42 East, 205.46 feet South of ire Nertiwesl corner of said
NatWest V 4 of the Southwest 11 4 of Section 18, thence N83'S3'O0"E, along a brie being) parallel WRY and 2.5 feel Northerly of the Southerly ROI of Way brie of Northeast 61st Street as it
appears on City of "harm Aims Sheet No. 14-J, Baled January i4363 arirl r1e Westerly protection, 1018.5 feet to the Pont of Beginning of the hereafter described parcel; thence S02'07100"E,
100.00 fuel; hence N87"53'00"E, 50.00 feel tierce 1402 07.00'Yrn, 100A0 feet; thence S87'53130'Yii, along sad brie parapet wail and 2.5 feel Northerly of said S athedy Right of Way Ice of
Northeast 61st Street, 50.05 feet to the Perm of Beginning
Less ttie North 1.97 feet conveyed to the City of Mora thy Warranty Deed recorded in Creed Bock 3657, Page 280 aria re -recorded in Official records Bock 4695. Page 2.42.
And 1Parcel"0-1":
Commence at a pal en tie Westerly lie of lhe Nc:fibr es' 11 4 of the Sflvulhweet V 4 of Section 18, Township 53 South, Range 42 East, 205A6 feel South of ire Notiwesi camper of said
4 iiw,vesl 1r 4 of he Southwest V 4 of Section 18, thence N8r53130"E, along a brie bang parapet wank and 25 feet Noolierly of the Southerly Right of Way line of Northeast 61si Street as 11
appears on Crly of Mori Alas Street No. 14-J, Dated January 1g63 aria ris Westerly protection, 10485 feet to the Perm of Becgirrrrrrg of tie hereafter described parcel; tienoe S02'07'O7 E,
100.00 feel; Thence N8r53130" E, 50.03 feet thence NO2:07'00"Yiv, i00A0 feel; Bence S8r53'00141, along sad brie parallel with aid 2.5 feet Northerly of sad Souiieily Right of VNay brie of
Northeast 61s1 Slreel, 5000 feet to the Port of Begrring.
Less the t din 2.5 feet conveyed to the City of Miami by Warranty Deed recorded In Creed Bock 3657, :Rage 281 and re -recorded in offcial Records Book 4630, Page 452.
43658518;2
Address: 372 NE 61st Street
Folio: 01-3218-022-0080
Le2a1 Description:
Parcel "1". That pert of the NW id 4 of the SW id 4 of Sector!. 18., Township 53 South, Range 42 East, described are fclows: Bug al a pout 204.5 feet South of the Quarter Section corner
of West ire of Seclton 18, Township 53 South, Range 42 East, thence run Norte+aserly eking the South aide of Lennon Avenue cr 6131 Street. 1118.5 feel to a Pahl of Begrrrrhg; theme run
South 100 feet; thence run East 81.5 feel; theme run North 100 feet more cr less to South rile of Leman Avenue; thence nun West 81.5 feet more cr leas 4a a Porn of Beginning, lyres and
be nMmrtFDade County, Ronda.
Parcel "2". Thal pail of the NW id 4 of the SW id4 of Becton 16, Torcerup 53 South, Range 42 East describech as Bows: to -wit Begdurr g al a poem 20527 feet South of the Owner Section
comer of West bre of card Section 18, thence run 1...lcaheaslerly along the South Me of hlortheasl 6131. Steel, 1200 feet 1a Pont of Begrhiwhg, thence South 55.60 feet, thence East 25 feel;
thence Northerly 55.60 feel mare cr lest to a [canon the Scum ire of said 61s1 Street .t0 feel east of the par of Pant of Begrhmg, thence West along the Sown Midi of Said 61a1 Steal, .10
feet in point of begyoung, lying and being n l/Nemr-bade County, Florida.
Less the Wahl 2.5 feel conveyed lo the City of Miami by Warranty Deed recorded in Deed Bock 3741, Page 520and re -recorded ehReconle Bock 4630, Page 494.
Address: 382 NE 61st Street
Folio: 01-3218-015-0190
Legal Description:
Bec}nnwng al the Southwest comes of to nterse."Ucn of Radical Avenue {how Inn as N.E. 4th Avenue) and Lemon Avenue {Thaw Rayon as N E. 61s1 Street) urn thence South 100 feet 1n a
pwh1; theme nil West 103 feet to a point; thence run Ncrth 1d0 feet to pont thence run Easterly along the earth brie of Lemon Avenue 103 feet to the Kent of beginning; lying and being on
theSouthwes1 Gustier {SW 1J 4} of Sector' 18, Tormsh4d 53Soum, 'UAW 42 East.
,also described as: The East 103 feel of the Wahl 1610 feet of Unnvnbered Black between LEMON AYENI.E and Browm Steel leas le North 2.5 feel for Steel, PIERCES LEMON CITY
SLEDIV SlO*J, aocorckng 10 the plat thereof, as reccaled in Plat Bock "6", Page 43, of to Pubic. Reccrda of Mdamh-Dade Canty, Florida.
Less the Web 2.5 feel conveyed lc the City! of Meru by Warranty Deed recorded n Deed Bock 3657, Page 262 aryl re -recoiled n Oficnl Records Beck 4 645, Page 344.
Address: 200 NE 62nd Street
Folio: 01-3218-066-0010
Legal Description:
Thal . "A''. of Jla PLAZA, ac =clog ita fie map or pal thereof, a a reccr1 di piai ile l; 166, Paige 4E, of ibe Pi c RecaogE of MnarnnDale County , Fes.
43658518;2
Address: 6300 NE 4th Avenue
Folio: 01-3218-020-0330
Le2a1 Description:
South 120 fee1 of Traci " ", of 1 EID ACRES, recorded rn Plat Hoc& SO, Paige 44., of tree Attic ReCetrda of faliamr-elade Co,rrr1', FlOnpla.
Address: 401 NE 62nd Street
Folio: 01-3218-014-0030
Le2a1 Description:
The West 110 feet of Tract 3. of JOYCE PROPERTIES St1BD VISION, according is the Pdalthereof, as recorded in Plat Back 51, Page 18, of the Pubic Records of Miami -Dade County,
Fk7lida.
Address: 300 NE 62nd Street
Folio: 01-3218-015-0770
Le2a1 Description:
The North V2 of Lots 8 and ci, Bkfdc 16., PI RCE S ADDITION TO LEMON CITY. FLORIDA. mooning to me map cc Fit rnereof, as recorded rr Plat Book 2. Page 21, of tie Public Records of
Miami -Dade County, FkxAa; said property also described as berg al tial portion of Lois 8 and 9, Black 18, PIERCES ADDITION TO LEIa1ON CITY. FLORIDA, according to tie map or plat
'hereof, as reccoled in Plat Back 2, Paige 21, of the Punic Records of F,iiam-Dade C un1y. Iona, lying Ncith of me following desonbed bie:
Commencing a1 the t..lorthues1 corner of Lot 9, Btbck 18, SECOND CORRECTED PLAT OF PERCES SUEDMISION OF LEMON CITY, wowing to the reap or plo1l thereof, as recorded n
Piet Bock 2, Page 21, of The Pubic Records of Miemi-Dade County, Fined.% tierce go Southerly slang ore West line of said Lot 9. a &Nance of 113.90 feet to a point cell tie West brie of said
Lot, 9, which shall be the Seamiest comer of he Nonih 1T2 of said L. Ire same berg tie Pent of Besprung from the ire hereinafter described; thence torn ire Pere of Beginning g go
Easterly along tie South brie of he With V2 of said Lots 8 and 9, of said Block 18 of sand subdnrnaan above described; the Same brie berg the NMI brie of Scuii V2 of Said Lots 8 and 9.
fairing an angle of 89'24'25" with the last descnbed tire+, for a distance of 141.91 feet ib a porn cxi the East brie of Lot 8, said pant being 110.16 feet South of tie Naiieast comer of said Lot
8, winch shall be me Sciriheasicomer of the Ncr1h V2 of sari Lot 8, the same berg the end of Me herein described;
LESS that ponce of Lois 8 and 9, Rkxu 16, SECOND CORRECTED PLAT OF PERCH 3 SUBDIVISION OF LEMON CITY, according 'b the map or plat hereof, as recorded in Plat Bock 2,
Page 21, of he Public Records of k enni-Dade County, Florida. tong North of a brie vat IS 25.00 feet Scuff of as measured at right axles, and parallel Mil Me center dine of NE 62 Meet, as
said center line is shown on the Plat of Joyce Propentes Subdh sico. according to tie map cc plat thereof, as recorded In Plat Beck 61, Page 38, of tie Pubic Records of Mferrr-Dade County,
Flcmda.
Address: 301 NE 61st Street
Folio: 01-3218-015-0771
Le2a1 Description:
The Snub 1.12 of Lots 8 and 9, I F- the South 2.6 feel of Lots 8 and 9. Block 18, of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, according to lhe Pial
thereof. as recorded n P%an Bode 2, Page 21. of he Pubic Records of Miarrr-Dade may, Fkxnda.
43658518;2
Address: 6200 NE 4th Court
Folio: 01-3218-024-0200
Legal Description:
t 1, of NORTH GA t, aonefc_^.g tore Rat thereof, as recut cec r Rai k4 .;t :.'- °. of the 1'rcic Records of w1.ai i -Lla:e L• .ly, he&•_Oa; AFJLJ lne North 2.8 feel of Lot 21, in
- ' . 1 NORTH GATE, aocordrg t the Plat thereof, an recorded ma Plat Book 8, Paget : _ : _ e Records of khan -Dade Courhty, Florida.
- _=.4.'dD EXCEPT THEREFROM:
PARCEL NO 46:
That poricn of Lola 21 and 22, in B►:ck 1, of NORTH GATE, according to the pled Thereof, recorded in P1a1 Back 8, Page 88, of the Public Records of Mogrri-Dade County, Plorhda which des
w arn a sthp of land 50e0 feet in i 11h lying 2600 feel On each side of the Easterly extension of the center irhe of E. 62 Sleet as said center irne is shown on tie plat of JOYC
PROPERTIES SUBDIVISION, ac°ordrg to he pal t►ereof, recorded in Plat Book 61, Page 38, of the Puhie 'Records of Mrarro-Dade County, Asada and tieing more particarlarly deecnted as
t OMME 4CE odic Northeast comer of sand Lot 21; hence nun S0'.1568 N alnng the £aryl ire of said Lot 21 for a distance of 1.96 feet to the pornt of nieraecb i VAT' a lie 2SA0 feet North
o f, as measured at rgt 1 angles, and palate' with the said Easterly extension of the center line of N.E. 62 Street and 10 the Pam of Beginning of tie heren described parcel; thence ccolnnie to
run S0°38.S8"141 atoms the Eon line of Lai 21 and along the East ire of said Lot 22 for a distance of SE0.01 feel 10 spool of intersection xith a ire 2:5 feet South of, as measures alright antes,
and pastel with the sand Easterly extension of the center ire of N:E. 62 Steel; thence run W8'64'46110 along the Ina 26,00 feet South of and pastel with the Easterly exhumer' of the said
ceiiterinhe of N.E. 62 Steed for a distance of 111.11 feet to a port of intersection with the West ire of sail Lo122 said pond of rilersecthon him) 2L0 tel South of tie Nrxthwest corner of said
Lot 22, as measured a'ong the West ire of said Lot 22; thence run 1'43440 10''E along the West ire of said Lot 22 and along the Vilest ire of said Lot 21 for a distance of r.-0.01 feet to a pans of
✓ tersechen with a irhe 25.00 feel North of, as measured al right angles, and parallel with the said Easterly extension of the said centerline of N.E. 62 Street, said pint of rhiersecicii lying 2.03
feel South of the Northwest corner of said Lot 21, as measured along the Vilest the of said Lo121; thence nil S&V5946T along the said ire 26.00 feel North of and pastel wtlh The Easterly
extension of the said centerline of NE. 62 Steel for a distance of 111.10 feel to a poet CA the East ire of alit Lori 21 aril id the Point of &wining of the herein descnted parcel AND that
porton of Lots 20 and 21 in mid Block 1 which lies whiten the external area formed by a 2..00 fool raring arc concave to the Nortnwesl tangent 'b the Emil lire of said Lot 20 and tangent to acid
hate 26.00 feel North of and pastel with the Easterly extension of the said centerbne of N.E. 62 Steel. Being the same premises descr ed as Parcel iJo. 46 in final Judgment recorded July
c ' 9ss2 . ::1I sal Records Boole 116e0, Page 169.3, of the Pudic records of/Alarm-Dade County, Flcola.
Address: 6210 NE 4th Court
Folio: 01-3218-024-0180
Legal Description:
_t•: ' _ a 4 1 _ c e: ci L.:1 " _ . E+ ocit t, of NORTH GATE, according 10 the map or pal thereof, as recorded in Plat Book 8, Page 6, of he Pubic Records of hliarri-Dade County,
43658518;2
Address: 320 NE 61st Street
Folio: 01-3218-022-0030
Le2a1 Description:
Beginning at a pans 204.6 feel Souh of tie Ocirinwest comer of SW 1/4 of Secant 18, Township 53 South, Range 42 East, as shown CO SECOND CORRECTED PLAT OF PERCES
SLEDIViSIOtJ LEMON CITY, as recerded .n Plat Book 2, Page 21, of the Puten Records of Mre n-Darle County, Melia; nn Nortieseterly along ure ; orrnem boundary of Lerman Avenue
81.4.06 feel 1a the Pc.n1 of Begrrrng, thence nn Sarah 100 feel; McYnne run East 10o feet thence ruin Noah 100 feet; 91Yenne run West leo feel to the Pettit of B4 Yg, I,uig and bang n
Miami -Dade County, Fien.da.
Also kr.awn as:
The Weak 100.06 feel of the East 482.46 feel of the North 100 feet of Black 17, SECOND CORRECTED PLAT OF PIERCES SLEDf4+ISION LEMON CITY, as recorded .n PPtal Book 2, Page
21, of the Purtltc Reseals of li a.mrDade County, Ronda, I FAA the North 2.6 feet
LESS mat IBM conveyed fee Right of Way purposes ri that Warranty Deed recorded ;Deceit -ter S, t452 di Deed Book 3684, Page 227, as re-recceded n Oficial Records Bock 4630, Page 496,
txxtn of Me Pubic Records of 4Ara ni-Drade County, Ronda, as mare paraoinuty de3a aged as foams:
The Norai two and one-half (2.8) feel, more cc less of the blowing dessnted land:
Begrrrrg al.a pain. 204.6 feet, South of the Northwest caner of SW 104 of Seci.vn 18, Tranship 53 Scurf', Range 42 East, as shown on Second Corrected Plat of PierceSub+itn.on Lemon
City, as recorded in Plat Bock 2, Page 21, of tie Pubic Records of M.armrDade County, Florida; run lcxiheasierty along lie Sout ern boundary of Lemon Avenue 819A6 feel to the Pont of
Beginning, theme run South 103 feet thence run EBiErl 100fee1; thence run Norti 100 feet; thence. run West 100 feel io the Peril of Beginning, tying and being III ni-Dade County, Florida.
Address: 270 NE 61st Street
Folio: 01-3218-015-0200
Le2a1 Description:
Commencing al a porn on the South side of Lerman Avenue, 438 feel East of the Southeast corner of the rtersect.on of the County Rock Road and Lemon Avenue, thence run Easterly CO
feet thence run. Soothed* 105 feet,; thence run Westerly 103 feel; thence run I.Joitherty 1120 feet to the Port of Beginning: be in Pierce's Sutxlv.sto n of Lemon C.ly in Seetrrn 18, Tomsh.p
63 South, Range 42 East, according to the Seeced Corrected Plat of P.erce'a Su Eon of Lemon City, as reseeded in Plat. Book 2, Page 21, of the Pubic Reoeida of Miami -Dade County,
Fronde.
Lf PS AND EXCEPT the lands conveyed to The City of Mum, a municipal corpora -ion in Warranty Deed under Clerk's File No. CC-44485, as recorded in Deed Beek 3471, Page 44.3, of tie
Pi.brc Records of Miami -Dade County, FIcada.
Address: 334 & 350 NE 60th Street
Folio: 01-3218-016-0140; 01-3218-016-0150
Le2a1 Description:
Lots 20, 21, 22 and za, of B I AYNE P'AP (, wowing to like plat hereof, recorded rl Marl BCC44 1, Page 145, of like Paihre Re arch of Miami -Dade County, Ronda.
43658518;2
Address: 296 NE 60th Street
Folio: 01-3218-016-0100
Le2a1 Description:
Loi 16, of BISCAYNE PAW, ae:eordrrg is tie plal lheieof ar3 recorded.n Pearl 1, Pam igd, of the Puhbe f eo:xc of MarrrrDadeCoar1y, Fkx da.
Address: 270 NE 60th Street
Folio: 01-3218-016-0070
Le2a1 Description:
Lctl 11, of BISCAYNE PAPE, amino: rig 1a the "napce Mal Thereof, as recor i4 Ptal look 1, Parke 1g8, of tie P„ tle records of Haan -Dade Co brit , F1ar.da.
Address: 250 NE 61st Street
Folio: 01-3218-015-0180
Legal Description:
BEGINNING at a point 25 feet East and 204.5 feet South
of Northwest corner of Southwest 114 in Section 18,
Township 53 South, Range 42 East, this point being the
Southeast corner of the intersection of Lemon Avenue as
now traveled and the County Road, thence run in a
Northeasterly direction along said Lemon Avenue 328 feet
to POINT OF BEGINNING; thence run in a Northeasterly
direction along the South line of said Lemon Avenue 50
feet; thence South 100 feet; thence run in a Southwesterly
direction parallel with said Lemon Avenue 50 feet; thence
run North 100 feet to POINT OF BEGINNING_
43658518;2
Address: 262 NE 61st Street
Folio: 01-3218-015-0170
Le2a1 Description:
BEGINNING at a point 25 feet East and 204 feet and six
inches South of the Northwest corner of the Southwest
quarter of Section 18, Township 53 South, Range 42 East,
this point being the Southeast corner of the intersection of
Lemon Avenue as now travelled and the County Rock
Road; thence run in a Northeasterly direction along said
Lemon Avenue 378 feet, this point being the PLACE OF
BEGINNING; thence running a Northeasterly direction
along the South line of said Lemon Avenue 60 feet;
thence South 100 feet; thence in a Southwesterly direction
parallel with Lemon Avenue, 60 feet; thence North 100
feet to the PLACE OF BEGINNING, Tying and being in
Miami -Dade County, Florida; subject to z feet deeded to
the City of Miami from North side of property for street
purposes, deed dated January 27, 1953, in Deed gook
3741, at page 443, of the Public Records of Miami -Dade
County, Florida_
Address: 6380 NE 4th Avenue
Folio: 01-3218-020-0321
Le2a1 Description:
North 105.79 of the South 360 feet of
Tract "R" REID ACRES, according to
the Plat thereof, as recorded in Plat
Book 50, at Page 84, of the Public
Records of M iarni-Dade County, Florida.
43658518;2
Address: 6301 NE 4th Avenue
Folio: 01-3218-020-0361
Le2a1 Description:
A portion of Tract T. of REID ACRES, according to the Plat thereof, as recorded in Plat Book 50, Page 84, of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
BEGINNING at the Southeast corner of said Tract "T"; thence North 00'01'34" West along the Easterly boundary of said Tract "T', a distance of 266.67 feet (said course being coincident with
the Westerly right of way line of the Florida East Coast Railway); thence Norlh 07'56'27" West, a distance of 72.16 feet to a paint of curvature; thence Northwesterly along a circular curve to the
left, having a radius of 351.26 feet and a central angle of 04'36'21", for an arc distance of 28.24 feet (the last mentioned 2 courses being coincident with the Southwesterly boundary of that
certain railway easement recorded in Deed Book 3719, Page 148, of the Public Records of Miami -Dade County, Florida); thence South 89°58'26" West at right angles to the next described
course, a distance of 235.03 feet thence South 00°01'34" East along the Westerly boundary of said Tract "T", a distance of 364.43 feet thence South 89° 41' 10" East along the Southerly
boundary line of said Tract °'T", a distance of 250.00 feet to the point of beginning_
Address: 415 NE 62nd Street
Folio: 01-3218-047-0010
Le2a1 Description:
Parcel "3":
Tract "A', 01 emu'ii DI VISION, a carclrg to 1ne Plat &we+af, as recorded rr Plat Book 87, Page 23, of the Fume Records of Miami -Dade County, Ronda, Be of lee atone lying and being in
Secteon 18, Tow' 5 a 4a.1n, Range 42 East iikairra-DadeCcurrly, Florida.
Address: 365 NE 61st Street
Folio: 01-3218-015-0730
Legal Description:
Lot 4, Block 18 of SECOND] CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, accordig 1a the Ftstthereof as recorded in Miami 2, Page 21, of lee Punic Records of
PAismrdadeComity. Fko a.
And
LESS fie South 2.5 feel. and I FAA AND EXCEPT teal portion of Lot 4, Mock 18 of SECOND CORRECTED] PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY. ancerdirwg tu+ ire Plat Thereof
as recorded in MI Boa& 2. Page 21, of Me Punric Records of Miarrr-Dade C itinV. Route, winch kes North of a Y`e 1nal r 2.5.(X) feel Sort' o#, as measured al rigid angles, and paraeek ten
like center erne of FJ.E. 62 Steel, as aid center line BB shown on the pnatof JOYCE PROPPRT ES SUBDIVISION, according io lee plat hereof recorded re PIa1 Beek 51, Paige 38, of Me Piicic
Records of Miami -Dade Co rely, Florida, pursuant to Order of Taking recorded in Odf i l Records Book 107.38, Page 1721 together were Final Judgment as to Parcel ?,la.% 42 and 44 recorded in
Official Records Bone 10877, Page 21263, of lee Pudic Records of PArarri-Dale County, Ronda.
43658518;2
Address: 298 NE 61st Street
Folio: 01-3218-022-0100
Le2a1 Description:
BEGINNING at a point 204_05 feet South of the Northwest corner of the
Southwest 1/4 in Section 18, Township 53 South: Range 42 East; thence
run 613 feet NortheaRterly+ to a POINT OF BEGINNING; thence run
South 100 feet: thence East 105.E feet: thence North 100 feet thence
West 105.5 feet to POINT OF BEGINNING, less the North 2.5 feet
thereof, lying and being in Miami -Dade County, Florida_
Address: 300 NE 61st Street
Folio: 01-3218-022-0010
Le2a1 Description:
BEGINNING at a point 204.05 feet South of the Northwest corner of the
Southwest 114 in Section 18, Township 53 South, Range 42 East; thence
run 718.5 feet Northeasterly to a POINT OF BEGINNING; thence run
South 100 feet; thence East 50 feet: thence North 100 feet: thence West
50 feet to POINT OF BEGINNING. less the North 2.5 feet thereof, lying
and being in Miami -Dade County. Florida_
Address: 310 NE 61st Street
Folio: 01-3218-022-0020
Le2a1 Description:
BEGINNING at a point 204.05 feet South of the Northwest corner of the
Southwest 1J4 in Section 18, Township 53 South, Range 42 East thence
run 768.5 feet Northeasterly to a POINT OF BEGINNING; thence run
South 100 feet: thence East 50 feet: thence North 100 feet thence West
50 feet to POINT OF BEGINNING, less the North 2.5 feet thereof, lying
and being in Miami -Dade County, Florida_
43658518;2
Address: 340 NE 61st Street
Folio: 01-3218-022-0040
Le2a1 Description:
DULLAMS UNRECORDED PLAT, SAME BEGINNING 204.5 FT_ SOUTH AND
918.5 FT_ EAST OF NW CORNER SW 114 SOUTH 100 FT EAST 100 FT.
NORTH 100 FT. WEST 100 LOT 5 & 0 LESS 2.5 FT. FOR ST.
(LEGAL DESCRIPTION AS PER OFFICIAL RECORDS BOOK 27029 PAGE
2669 MIAMI-DADE COUNTY. FL RECORDS)
Address: 371 NE 61st Street
Folio: 01-3218-015-0720
Le2a1 Description:
LOT 3, LESS THE EAST 1.00 FOOT THEREOF, AND LESS THE NORTH
7.50 FEET AND THE SOUTH 2.50 FEET THEREOF FOR ROAD
RIGHT-OF-WAY, IN BLOCK 18 OF "SECOND CORRECTED PLAT OF
PIERCES SUBDIVISION„ LEMON CITY" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUBLIC
RECORDS OF M IAMI-DADE COUNTY, FLORIDA_
Address: 6350 NE 4th Avenue
Folio: 01-3218-020-0320
Le2a1 Description:
The North 134.21 feed of the South
254.21 feet of Tract "l " REIO ACRES,
according to the Plat thereof, as
re riled in Pi -at Belk 50, at Page 84,
of the Public R cords of Miami -Dade
County, Florida.
43658518;2
Address: 353 NE 61st Street
Folio: 01-3218-015-0740
Legal Description:
LOT 5, LESS THE SOUTH 2.5 FEET, BLOCK 18, OF "SECOND CORRECTIVE PLAT OF
PIERCE'S SUBDIVISION OF LEMON CITY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Address: 288 NE 61st Street
Folio: 01-3218-022-0090
Legal Description:
BEGINNING AT A POINT 204.5 FEET SOUTH OF THE QUARTER SECTION CORNER ON THE WEST LINE OF
SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, WHERE THE SOUTH LINE OF LEMON AVENUE,
PRODUCED WESTERLY, WOULD INTERSECT THE WEST LINE OF THE SAID SECTION 18, THENCE RUN
NORTHEASTERLY ALONG THE SOUTH LINE OF LEMON AVENUE AND THE SOUTH LINE OF LEMON AVENUE
PRODUCED WESTERLY, A DISTANCE OF 563 FEET FOR THE NW CORNER OF THE TRACT HEREBY
CONVEYED; THENCE RUN SOUTH 100 FEET; THENCE RUN EASTERLY AND PARALLEL TO THE SOUTH LINE
OF LEMON AVENUE, 50 FEET; THENCE RUN 100 FEET TO THE SOUTH LINE OF LEMON AVENUE; THENCE
RUN WESTERLY ALONG THE SOUTH LINE OF LEMON AVENUE, 50 FEET TO THE NW CORNER OF THE TRACT
HEREBY CONVEYED: LESS AND EXCEPT THE LANDS CONVEYED TO THE CITY OF MIAMI, A MUNICIPAL
CORPORATION IN WARRANTY DEED RECORDED IN DEED BOOK 3657, PAGE 282 AND RERECORDED IN O.R.
BOOK 4695, PAGE 288, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL
IDENTIFICATION NUMBER: 01-3218-022-0090
Address: 370 NE 60th Street
Folio: 01-3218-016-0180
Legal Description:
LOT 24 OF BISCAYNE PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PL4 T BOOK }, ATPAGE
195 OF THE PUBLIC RECORDS OF MIAMf-VADE COUNTY, FLORIDA.
43658518;2
Address: 5972 & 5974 NE 4th Avenue
Folio: 01-3218-089-0010; 01-3218-089-0020
Le2a1 Description:
UNIT 5972 AND UNIT 5974, OF 380 WAREHOUSE CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 28550, PAGE 4835 AND ALL
EXI-!!BITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAM!-DDADE COUNTY, FLORIDA.
Address: 5952 NE 4th Avenue
Folio: 01-3218-016-0200
Le2a1 Description:
LOTS 27, 2$ AND 29, OF BISCA YNE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, AT PAGE 198, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
43658518;2
EXHIBIT B
Approved Regulating Plan
See attached.
Exhibit B — Final Approved Regulating Plan to be added following final City Commission
approval.
EXHIBIT C
Approved Concept Book
See attached.
Exhibit C — Final Approved Concept Book to be added following final City Commission
approval.
EXHIBIT D
Conceptual Phasing Schedule
See attached.
CITY
INNOVATION DISTRICT
Magic City Innovation District
Conceptual Phasing Plan
Parcel
2013
2020
2021 2022
2023 2024
2025
2026
2027
2023
2029
2030
2031
2032
2033
2034
1
2
Begin Co ruction
Consbucten Completion
Begin Colrstructian _
Construction Completion
_
3
Begin Construction
4
Begin Construction
„"__0:l
Construction Completion
5
Begin Construction
Construction Completion
6
Begin Construction
Construction Completion
v
Begin Construction
Construction Completion
8
Begin Construction
End Construction
9
Begin Construction
Construction In Progress
Construction Completion
10
Begin Construction
Construction In Progl
Construction Completion
11
Begin Construction
Construction In Progress:
Construction Completion
12
Begin Construction
Construction Completion
13
Begin Ccnstmctron
Construction In Progress
Construction Completion
14
Begin Construction
Construction Completion
15
Begin Construction
16
n
Construction Completion
17
Begin Construction
MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN
NOTE: PROPOSED CONCEPTUAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT
I Begin Construction
'Construction In Progress
Construction Completion
CITY OF MIAMI
HEARING BOARDS
PLANS EVIEW
H„mc Hoards Grr _Date
C%
Q VIA1,,f
Br: trio
June 20, 2018
47
EXHIBIT E
Adopted Little Haiti/Lemon City Design Guidelines
See attached.
CITY OF MIAMI PLANNING DEPARTMENT
HISTORIC LEMON CITY/ LITTLE HAITI CREOLE DISTRICT DESIGN GUIDELINES
Lemon City, though never incorporated, was one of the earliest settlements in the Miami area, with its history dating
back to c. 1870, when pioneers rushed to claim their share of land offered by the federal government through the
Homestead Act. E.H. Harrington named the area for the lemon trees growing on his property, and the first use of the
name "Lemon City" is recorded by the County in 1889. Lemon City grew as a result of the naturally occurring deep
water port located at the Bay and what is now NE 61st Street. By 1896 with the arrival of the Florida East Coast
Railway, Lemon City prospered with its main industries farming, fishing and shipping. By the 1920s Lemon City
became a prime location for tourist camps. These camps, or parks, often had cabins for the thrifty "tin can" tourists
who vacationed in Florida. One of these cabin courts, called "Magic City" remains today. One other building, the
drugstore and medical office of Dr. John Gordon Du Puis, built in 1902 at 6041 NE 2nd Avenue also remains of the
once prospering community. The City of Miami annexed Lemon City in 1925.
Decades later the former Lemon City community saw its share of emigres, particularly from Haiti. The infusion of this
culture has brought a new and vibrant "personality" to the area. The intent of these design guidelines is to influence
future public and private development to respect and enhance the character of Lemon City and the Haitian culture of
Little Haiti as a desirable place to live, work, and recreate. Access to Little Haiti Park shall be important for all
pedestrians, including elderly and children. The main goals and strategic actions contained in the Miami Design
District and Little Haiti Creole District Planning Study completed in November 1998, is to encourage revitalization
focused on arts and design, strong urban character, and the area's importance as a commercial mixed use core for
the surrounding residential neighborhoods. The intent encourages mixed -use structures with activities that generally
serve the retailing, service, and housing needs.
The Historic Lemon City/Little Haiti Creole District shall include all properties along NE 2nd Avenue between 52nd and
71st Streets. These guidelines will apply architectural and design standards to this highly visible area strategically
located along NE 2nd Avenue, to protect against inappropriate, discordant or incongruent design. The design
standards will encourage appropriate development for the community character and conservation of its unique
cultural and historic heritage. This District is one of Miami's cultural gateways into the city and should be conserved
and enhanced in a manner consistent with the heritage of the Haitian Caribbean island culture. The guidelines will
assist in insuring that future development and redevelopment activity along the NE 2nd Avenue corridor respects this
character and compliments the scale and variety of uses within the neighborhood. This unique blend of retail, office
and residential uses characterize NE 2nd Avenue as a special urban neighborhood with a high volume of pedestrian
activity.
The architecture associated with Haiti is characterized as "French -Creole", a unique mixture of cultural traditions that
reflect French and Spanish building traditions. Haiti, occupied by both the Spanish and the French, is also fiercely
independent and with its own vernacular traditions synthesized a unique architectural type. Buildings within the area
described in these guidelines shall be built to respect this culture, tradition, and architecture. The following guidelines
will help to produce an aesthetic cultural idenitity:
(1) Buildings shall be designed with the Carribean climate in mind and complementing the Carribbean-French Creole
designed facades reminiscent of the Haitian culture and community's desired appearance.
(2) Chain link fencing shall not be placed in the first layer adjacent to NE 2nd Avenue; unless it is of a temporary
nature.
EXHIBIT F
List of Required Roadway Improvements
See attached.
Required Roadway Improvements
Exhibit F to Magic City SAP Development Agreement
• Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 5 (as
identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for
construction completion in 2028 (as shown on the Conceptual Phasing Plan at Sheet 47 of
the Concept Book):
o Realignment of the two (2) offset, stop -controlled intersections of NE 62nd Street
at NE 4th Avenue (West) and NE 62nd Street at NE 4th Avenue (East) with NE 61st
Street at NE 4th Avenue. The proposed realigned segment of NE 4th Avenue
between NE 62nd Street and NE 61st Street will provide a three (3) lane section with
an exclusive left -turn lane and an exclusive through lane at the northbound
approach at the intersection of NE 62nd Street and NE 4th Avenue and at the
southbound approach at the intersection of NE 61st Street and NE 4th Avenue.
o The southbound approach at the intersection of NE 62nd Street and NE 4th Avenue
will be reconfigured to provide one (1) through lane and one (1) exclusive right -turn
lane (245 feet). Please note that right-of-way is not required for this improvement
as on -street parking is provided along the west side of NE 4th Avenue just north of
NE 62nd Street.
• Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 9 (as
identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for
construction completion in 2032 (as shown on the Conceptual Phasing Plan at Sheet 47 of
the Concept Book):
o Parcel 9, 2032: Extension of NE 3rd Avenue from NE 61st Street to NE 59th
Terrace. Note that the Applicant is coordinating with the City of Miami Planning
Department to convert a portion of the existing surface parking lot located on the
north side of NE 59th Terrace into the NE 3rd Avenue extension.
o Parcel 9, 2032: The westbound approach at the intersection of NE 60th Street and
NE 2nd Avenue will be reconfigured to provide one (1) exclusive left -turn lane (325
feet) and one (1) exclusive right -turn lane.
45990954;1
EXHIBIT G
Joinder Form
See attached.
Exhibit "G"
ADDITIONAL PROPERTY TO DEVELOPMENT
AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
This ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER
FORM ("Joinder Form") is executed this day of , 20 by the
undersigned entity.
RECITALS
WHEREAS, the City of Miami ("City") has entered into a Development Agreement dated
20 , and recorded in the public records of Miami -Dade County, Book
, Page (the "Development Agreement") with the Developer as
defined therein, regarding the Magic City Innovation District Special Area Plan (the "SAP"); and
WHEREAS, the Development Agreement secures certain benefits and obligations for the
mutual benefit of the City and the Developer, as set forth in the Development Agreement; and
WHEREAS, the Development Agreement allows the joinder of additional Abutting (as
defined in Miami 21) properties subsequent to the Development Agreement's Effective Date (as
defined therein) through the execution and recordation of this Joinder Form, provided the
incorporation of such additional properties into the SAP has received all required City of Miami
("City") approvals (including the review and recommendation by the City's Planning, Zoning and
Appeals Board ("PZAB") and approval by the City Commission); and
WHEREAS, the undersigned owns property or a property interest Abutting the SAP to be
incorporated in the SAP, more particularly described in Exhibit "A" attached hereto (the "Joinder
Property"); and
WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer
under the Development Agreement in respect of the Joinder Property, and in consideration for
such benefits agrees to be bound by the obligations imposed therein upon the Developer.
NOW THEREFORE, in consideration of the benefits conferred upon any Developer by
the aforementioned Development Agreement, and certifying that the above recitals are true and
correct, and incorporating such recitals herein, the undersigned does hereby execute this Joinder
Form and the Joinder Property becomes an incorporated property pursuant to the Development
Agreement subject in all respects to the terms and conditions thereof.
The undersigned, and the Joinder Property, as applicable, shall assume all of the benefits,
and be bound, comply with, and perform all of the obligations, as set forth in the Development
Agreement and as applicable to the Joinder Property which the undersigned owns, provided the
incorporation of the Joinder Property into the SAP has received all required City approvals
(including the required review and recommendation by the PZAB and approval by the City
Commission to amend the Miami 21 Atlas in respect of the Joinder Property's inclusion in the
45745448;1
SAP). The undersigned shall be obligated to the City for the benefit of the City, and the City shall
have all rights and remedies set forth in the Development Agreement to enforce the terms of the
Development Agreement against the undersigned and the Joinder Property, to the extent applicable
to the Joinder Property owned by the undersigned.
The undersigned also hereby represents that it has full power and authority to execute this Joinder
Form, and certifies to City that none of its owners or officers, nor any immediate family member
of any of such owners or officers, is also a member of any board, commission, or agency of the
City.
WITNESS [COMPANY NAME]
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by , the . of
, a ; such person being
personally known to me or has produced as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission Number:
My Commission Expires:
45745448;1
The City hereby acknowledges and consents to the joinder of the above signatory and the
Joinder Property as an additional property to the Development Agreement.
IN WITNESS hereof the Parties have caused this Joinder Form to be duly entered into and
signed as of the date written above.
CITY OF MIAMI, a municipal corporation
located within the State of Florida
By:
, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
By:
, City Attorney
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
) SS:
)
The foregoing instrument was acknowledged before me this day of
20 , by , in his/her capacity as City Manager, on behalf of the City of Miami, a
municipal corporation, who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of
Print Name:
Commission Number:
My Commission Expires:
45745448;1
EXHIBIT A
Joinder Property Address and Legal Description
45745448;1