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HomeMy WebLinkAboutApplication and Supporting DocsApplication Request Confirmation Page 1 of 1 Home Profille 3 DI lication I T talon k. Y. u! AppOlOcant: SOgroature Date: Request Number: Request Name: 01,....oroters: Request Confirmation Jennifer Ip iine 6/10/2019 10..16.27 AM PI-19-3353 1500 NW NORTH ROVER DR- MOamO Add0OcatOon Surrrnary MOamO Add0OcatOon Surrrnary Print Please wrOlte down and save your Request Number above. SAP DesiignatOon Add0OcatOon Sent to: pOne@POOzOn.. corn anay© rbanxca.com Jennifer Fine iii II....ogour June 10, 2019 You have successfully complleted the onlliine Pllannling and Zonling Specliall Permilt Request Your appIllication number lis provilded above.. Your appIllication 4111 be consildered as "accepted" when the appIllication fee, lif appIllicablle has been pallid and all requilred documents lhas been uplloaded tothe Ciity of IMIllarnii Ellectronlic Pllan Revilew Portall, ProjectDox. Pllease check your eHmalill as you 411111 recelive a notification with additionall linstructions on how to access the portall to uplload your requilred documents.. Shoulld you lhave any questions pllease contact us at (305)416-1400 or eplanpz@miamigov.com. https://miami-fl-us.avolvecloud.com/Portal/Payment/Di splayReceipt?appIntakeFormInstan... 6/10/20 19 A1 De 'otatirat .pncirattati Apni:Likui Etila it! a .IU volort taliSt Corporation: cdrcss S VLSI& City: ilile niZ.) ,ar Phone: Corporation: Addiress: 5 • kit2ra City' Stale: ziny Phone' ?mitts Addres. Mosier folio Nionot.i. '443111Ci- P7,1 9-3353 ULIh • Ait N. itaAjfi to to.nnit,, onix.ir‘.gcenya. „ad thtt 11 nnrk rperinrarn ic, Zrglilig (hit; • I,ii • .ggpt periorm 4k in at,z)yd;d1c,';ththf,:.:ejpe „.4 'at- Elle ( tinn 1 c.,tinT ppibk Lyn., naniazu • %ilkwJ1 b.-JD all r:pplicrlk kawf:conl • It! .:k..paraLt XPlits nny requiv2.,uaLz Jpeh.anin ,..nnittrn gus igrotiL.,, • Trial (IX. 'TE.", .3; .Utail)11.0 purr an Jj1:r • to tix ain • l'crni • .1. :4,1i-ft:!kittiabi: Sigaur,. Date: igna Date: nt Bilzin Sumberg ATTORNEYS AT LAW June 7, 2019 VIA HAND DELIVERY Mr. Francisco J. Garcia Director, Planning and Zoning Department City Of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33131 NOTICE Completion ofrt& renew indicates permit application meets Curequirements under Marti 21. and/or tie Cry or Miami otlm e,ory TFis pamilappl'raanonwiu M to be scheduled for a public hearing naccoNance MII lmefres set fond in the Cityuf Miami Cork. The applicable clecision-making hotly will review the peril applcaton at the public hearing ald rents either recommend.. or a final decision PZ-19-3353 06/28/19 Tel Fax 305-3 javino@bilzin.com Re: River Landing located at approximately 1500 NW North River Drive / Amendment to Development Agreement Dear Mr. Garcia: On behalf of our client R.L. Miami, LP f/k/a River Landing Development, LLC, ("River Landing"), please accept this letter as our formal request for an amendment to the Development Agreement. River Landing is the fee simple owner of 8.14 acres of property in Miami -Dade County, Florida, legally described on Exhibit "A", having a street address of 1500 NW North River Drive, Miami, Florida ("Property"). The City Commission approved a Special Area Plan, as amended, for the Property, pursuant to Ordinance 13382, in order to develop the Property as a mixed -use development with residential units, retail, restaurants, a riverwalk, and other amenities ("Project"). The City and Owner executed a Development Agreement attached as Exhibit "B" as approved by the City Commission under Ordinance No. 13383, to develop the Project. As part of the underlying approvals River Landing was to use best efforts to acquire abutting property from Miami -Dade County. This abutting property consists of two and a half (2.5) acres of green space which is in addition to the nearly two (2) acres of open, public green space within the Project. River Landing through the River Landing Conservation Foundation, Inc., has since acquired the abutting property as evidenced by the deed attached as Exhibit "C" subject to a Declaration of Restrictive Covenants attached as Exhibit "D", requiring River Landing to among other things construct and maintain pedestrian walkways and similar improvements to the abutting property for the use of the public, said improvements totaling nearly four million dollars in a preliminary budget. In addition, River Landing, is proposing improvements up to $350,000 to enhance improved bicycle and pedestrian connectivity in the streetscapes between the MIAMI 6402752.1 84195/87925 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com Bil Project's Riverwalk, University of Miami and the Health District as well as im to Sewell Park. NOTICE Completion of rt & renew indicates permit application meets Curequirements under Marti 21. and/or tie Cry or Miami otlm e,only TFis permilappl'raanonwiu M to be scheduled for a public hearing naccoNance MII lmefres set fond in the Cityuf Miami Cork. The applicable clecision-making hotly will review the peril applcaton at the public hearing ald rents either recommend.. or a final decision PZ-19-3353 06/28/19 As a result of these enhancements River Landing requests an amendment to the Development Agreement ("First Amendment"), attached as Exhibit "E" modifying the public benefits section of the Special Area Plan and allowing the required impact fees generated by this Project to be applied as contemplated by the proposed improvements to the abutting parcel in accordance with the Covenant. The Project location on the Miami River will allow for use and enjoyment of the Miami River not only the residents and patrons of the Property, but also the general public and will create recurring fiscal benefits for the City's tax base as well as much needed temporary and permanent jobs for the City's residents. We believe the Project will confer a significant improvement and public benefit upon the publicly accessible spaces, by the addition of the open spaces, green spaces, and public facilities. We look forward to working with the City and are happy to meet or provide any additional documentation needed to finalize this request. Should you have any questions or seek additional information please do not hesitate to contact me at 305-350-7202 or lavino@bilzin.com. Thank you in advance for your assistance with this matter. incerely, der F. Avilio JFA Enclosures MIAMI 6402752.1 84195/87925 Exhibit "A" NOTICE CompWinn of stV renew indicates permit appllafion meets Cum requirements under Marti 2landla Me CiLy or Miami oe,only TNs permit mpkatbnw;u need to be scheduled for a public bearing n accordance wit timelines set tone in Me city a Miami Code. The applicable decision -making body will relie e Vie nem. applcatbn at Me public nearing and render either recommendation or a final dedsbn. PZ-19-3353 06/28/19 Miami -Dade Official Records - Print Document CC U W ?File Number: 05-00410ap City of Miami Certified Copy NOTICE Ca plelion of staff renew indicates permit appladoa meets Cum requirements under Marti 2lantlla Ne Cara, Miami ode,a ly. This permit application will need to ere scheduled for a pudic hearings accordance 1M iameires set forth in de Cityof Miami Cade. The applicable clecision-minbody body will review the perm. applcaton at the puhlt hearing. rents either recommadation or a final decision PZ-19-3353 3500 Pan A Miami, FL www.miamigo 06/28/19 Enactment Number: 13382 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3, AND ARTICLE 7, OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.14 ACRES FOR THE RIVER LANDING SPECIAL AREA PLAN ("SAP"), A MIXED -USE DEVELOPMENT LOCATED AT APPROXIMATELY 1400, 1420 AND 1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 2,147,331 SQUARE FEET OF DEVELOPMENT; INCLUDING;: A) APPROXIMATELY 444 RESIDENTIAL UNITS; B) APPROXIMATELY 1,618,383 SQUARE FEET OF COMMERCIAL USE; C) APPROXIMATELY 130,732 SQUARE FEET OF OPEN. SPACE; AND D) APPROXIMATELY 2,418 PARKING SPACES; AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ABOVE -REFERENCED PROPERTIES FROM "T6-8-O" URBAN CORE ZONE TO "T6-24-0"'URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEEDATOTAL OF 2,147,331 SQUARE FEET OF DEVELOPMENT; MAKING FINDINGS! OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "River Landing" Special Area Plan ("SAP") consists of approximately 8.14 acres of selected parcels; as described in Exhibit "A", qualifying as a SAP, subject to Waiver #13-0002 and pursuant to Article 3, Section 3.9 of the Miami 21 Code, ("Zoning Ordinance"), and WHEREAS, the proposed SAP consists of approximately 2,147,331 square feet of development including: A) Approximately 444 residential units;. B) Approximately 1,618,383 square feet of proposed commercial space; C) Approximately 130,732 square feet of open space; and D) Approximately 2,418 parking spaces; and WHEREAS, the proposed SAP will change the underlying zoning classification from "T6-8-O" Urban Core Zone to 'T6.24-0" Urban Core Zone; and WHEREAS, the proposed SAP will allow for much -needed retail and residential uses in and in close proximity to the Miami -Dade County Criminal Court to the north, the Health District and urban core; and WHEREAS, the proposed SAP location on the Miami River will allow for use and enjoyment of the Miami River by not only the residents and patrons, but the general public as well, and WHEREAS, the proposed. SAP will create certain recurring fiscal benefits for the City of Miami's tax base as well as much needed temporary and permanent jobs; and City of Miami Page 1 of 6 13382 Book29080/Page192 CFN#20140212593 Page 1 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?Q S=YaoUfOzxr... 11 / 10/2017 Miami -Dade Official Records - Print Document File Number: 05-00410ap Enactment WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 1 following an advertised public hearing, adopted Resolution No. PZAB-R-13-025 by a vote of ten (10-0), item no. 2, recommending APPROVAL with conditions of the SAP as set forth; and NOTICE Completion of smX review indicates permit aptlmCon meets Cum rerements under Mein 2l antlior Ne C."of Miami oegrie,onyT is permit application will need to pia ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicablepecision-making hotly will review the permit applcaton at the p.. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The SAP attached hereto, is approved subject to the conditions specked herein. Section 3. The findings of fact set forth below are made with respect to the subject SAP: a. The SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The City Commission further finds that: (1) The SAP will have a favorable impact on the economy of the City; (2) The SAP will efficiently use public transportation facilities; (3) Any potentially adverse effects of the development will be mitigated through compliance with the conditions of this SAP; (4) The SAP will efficiently use existing public orcivic spaces; (5) The SAP will not negatively impact the environment and natural resources of the City; (6) The SAP will not adversely affect living conditions in the neighborhood; (7) The SAP will not adversely affect public safety; (8) Based on the record presented and evidence presented, the public welfare will be served by the SAP; and (9) Any potentially adverse effects arising from this development not limited to safety and security, fire protection, solid waste, heritage conservation and trees will be mitigated through compliance with the conditions of this SAP. Section 4. The SAP, inclusive of the Regulating Plan Exhibit "C" and Concept Document Exhibit "D", as approved, shall be binding upon the Applicant and any successors in interest. Section 5. The application for this SAP, which was submitted on January 17, 2013 and on file with the Hearing Boards Section of the Planning and Zoning Department, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 6. The City Manager is directed to instruct the Planning Director to transmit a copy of this Ordinance and attachments to the Applicant upon final approval. Section 7. The Findings of Fact and Conclusions of Law are made with respect to the SAP as described herein and in documents incorporated hereto. Section 8. In the event that any portion or section of this Ordinance or the SAP is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Ordinance or SAP which shall remain in full force Ciry ofMiami Page 2 of 6 13382 Book29080/Page193 CFN#20140212593 Page 2 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?Q S=YaoUfOzxr... 11 /10/2017 Miami -Dade Official Records - Print Document File Number: 05-00410ap Enactment and effect. NOTICE Completion of smX review indicates permit aptlmCon meets Cum rerements under Mein 2l antlior Ne C."of Miami oegrie,onyT is permit application will need to pia ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicablepecision-making hotly will review the permit applcaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Section 9. The provisions for this SAP, as approved, shall commence and become operative thirty (30) days after the final adoption of the Ordinance. Section 10. This Ordinance shalt become effective immediately upon its final adoption and signature of the Mayor, following any applicable appeal period. {1} Section 11. The Zoning Ordinance is hereby amended by adding "Appendix F: RIVER LANDING SAP" to said Ordinance, as follows: APPENDIX F: "RIVER LANDING SAP" CONDITIONS Based on analyses and findings, the Planning Department recommends approval of the SAP with thefollowing conditions: 1) Meet all applicablebuilding codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the. Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the SAP, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the SAP has addressed all concerns of the said Department prior to the obtaining a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan). submitted to the City as part of the Application for Development Approval, with the .understanding thatthe Applicant must use its best efforts to follow the provisions of the City's MinorityNVomen Business Affairs and Procurement Program as a guide, as applicable. 6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any building permit: a. Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity; and City ofMiami Page 3 of 6 13382 Book29080/Page194 CFN#20140212593 Page 3 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxr... 11/10/2017 Miami -Dade Official Records - Print Document File Number: 05-00410ap Enactment NOTICE Completion of staff renew indicates permit appl'aeon meets mirimum nemdrements under Menu 2landla Me City of Mimi Code. only DM permit application will need M be seise,. for a public Fearing In accordance with timelines set fort in the Ciyof Miami Code. The applicable decision -making body will renew Me permit application at am NAL hearing and render eithera recommendation or final decision. b. Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title, applicable, subjectto the review and approval of the :Office of the City Attorney. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: a. Temporary construction parking plan; with an enforcement policy; b. Construction noise management plan with an enforcement policy; and c. Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this SAP. PZ-19-3353 06/28/19 9) Prior to theissuance of any building permit, the applicant shall provide the Planning and Zoning Department for review and approval: a. Environmental Impact Statement and final reports for lots included in SAP site. b. Sufficiency Letter from the City of Miami, Office of Transportation. c. Final determination of Public School Concurrency and Capacity Reservation. d. Conservation Assessment Report (project location is within an high Archeological Probability Zone). e. Revised final set of plans. f. Maintain a minimum sidewalk width of 9' with a 4' clear landscape verge along the western site perimeter of the proposed development. g. Seek approval from corresponding agency/(ies) to revise the 80' right-of-way on NW North River Drive cross section in order to provide a 15' clear sidewalk dimension. h. Pedestrian ingress and egress to ground floor retail shall be achieved through sliding doors when foyers or indentations are not a desired condition. i. Re -platting is required to close and vacate NW 15 Avenue between North River Drive and the Miami River (City Code Section 54-4). 10) The River Landing Special Area Plan includes a Development Review Process which . addresses the build out of the project as identified in the. Regulating Plan. All development within the SAP area shall be by SAP Permit. 11) If the project is to be developed in phases and/or individual specific projects, the Applicant Ciy..ofMiami Page 4 of 6 13382 Book29080/Page195 CFN#20140212593 Page 4 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxr... 11/10/2017 Miami -Dade Official Records - Print Document File Number: 05-00410ap Enactment shall submit an interim plan, including a landscape plan, which addresses design deta the land occupying future phases of this Project in the event that the future phases are n developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. NOTICE Completion of staff renew indicates permit appl'aeon meets mirimum nemdrements under Menu 2landla Me City of Mimi Code, only DM permit application will need M be seise,. for a public Fearing In accordance with timelines set fort In the CiyIX Miami Code. The applicable decision -making body will renew the permit application at am NAL hearing and render eithera recommendation or final decision. 12)The applicantshall meet conditions identified in this Ordinance, with the SAP and all applicable regulations from local, state and federal agencies. PZ-19-3353 06/28/19 13) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 14) As applicable, River Landing Development LLC., as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approval no later than two weeks prior to implementation of requested change or modification. 15) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning Department for review and approval: - Sufficiency Letter from the City of Miami, Office of Transportation. Final determination of Public School Concurrency and Capacity Reservation. - Proof of compliance with conditions established by the following departments or agencies, specifically: City and County Public Works Departments Miami -Dade County Water and Sewer - Miami -Dade County Traffic Engineering Division - Florida Department of Transportation (FDOT) 16) The SAP includes a Development Review Process, which addresses the build out of the individual Buildings as identified in the Regulating Ptan All development within this SAP shall be submitted for review and approval by the Planning and Zoning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9:1.g of Miami 21 and the SAP. 17) The applicant shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state and federal regulations. 18) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY OF MIAMI SHALL: Establish the operative date of the Development Agreementas being thirty (30) days from the date of its final adoption; the final adoption date shall constitute the commencement of the thirty (30) day period to appeal the provisions of the Development Agreement. CONCLUSIONS OF LAW: City of Miami Page.5 of 6 13382 Book29080/Page196 CFN#20140212593 Page 5 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxr... 11/10/2017 Miami -Dade Official Records - Print Document • File Number: 05-00410ap 1J 17. i. Enactment The SAP, as approved, complies with the Miami Comprehensive Neighborhood Plan as ame consistent with the orderly development and goals of the City of Miami, and complies with loca development regulations pursuant to the Zoning Ordinance. Code. NOTICE Completion ofsmff miewindicales permit applmfion meets Cum rerements under Mein 2L antlior Ne C."of Miami oegrie,onyT is permit application will need to pia ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 The proposed development does not unreasonably interfere with the achievement of the objectives of O the adopted State Land Development Plan applicable to the City of Miami. 'COW t`d ▪ O. Date: APRIL 25, 2013 Mover: COMMISSIONER SUAREZ Seconder: VICE CHAIR GORT Vote: AYES: 5 COMMISSIONER(S) GORT,'SARNOFF„CAROLLO, SUAREZ AND SPENCE-JONES Action: DEFERRED Date: MAY 9, 2013. Mover: VICE CHAIR GORT Seconder: COMMISSIONER SUAREZ Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES Action: PASSED ON FIRST READING WITH MODIFICATIONS Date: MAY 23, 2013 Mover: VICE CHAIR GORT Seconder: COMMISSIONER SPENCE-JONES Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES Action: ADOPTED Date: Action: MAY 31, 2013 SIGNED BY THE MAYOR I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutesa true and correct copy of Ordinance No. 13382, with attachments, passed by the City Commission on 5/23/2013. City Clerk, Dep Jerk (f r Todd B. Hannon, Clerk) e March 24, 2014 Date Certified {1} This Ordinance -shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 13382 Book29080/Page197 CFN#20140212593 Page '6 of 6 https://www2.miami-dadeclerk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxr... 11/10/2017 Exhibit "B" t off/; NOTICE 1 Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2lantlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to he ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable cihotly hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 CFN: 20140322386 BOO DATE:05/05/2014 02:2 HARVEY RUVIN, CLERK DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND RIVER LANDING DEVELOPMENT, LLC, REGARDING DEVELOPMENT OF THE RIVER LANDING PROJECT This is a Development Agreement ("Agreement") made this 4( day of 14.441 2014, between River Landing Development, LLC, a Florida limited liability company, ("Owner"); and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida ( "City"), collectively referred to as the "Parties" to this Agreement. NOTICE Completion ofsmff reiewindicales permit applmtion meets um rerements under Main 21.antlior Ne C."of MiamiCoegrie,onyT is permit application will need to ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision RECITALS PZ-19-3353 06/28/19 WHEREAS, the Owner is the fee simple owner of 8.14 acres of property in Miami -Dade County, Florida, legally described on Exhibit "A", having a street address of 1500 NW North River Drive, Miami, Florida ( "Property"); and WHEREAS, on January . 18, 2013, the r Owner filed an application with the City for approval of a Special Area Plan ( "River Landing SAP") in order to develop the Property as a mixed use development with residential units, retail, restaurants, a riverwalk, and other amenities (-"Proilt» . WHEREAS, the Owner received Waiver #13-0002 pursuant to Article 3, Section 3.9 of the Miami 21 Code ("Zoning Ordinance") from the City to allow a ten percent (10%) reduction in the required minimum acreage of nine (9) acres where the River Landing SAP is for approximately 8.14 acres; and WHEREAS, the proposed Project location on the Miami River will allow for use and enjoyment of the Miami River by not only the residents and patrons of the Property, but also the general public; and WHEREAS, the proposed Project will create certain recurring fiscal benefits for the City's tax base as well as much needed temporary and permanent jobs for the City's residents; and WHEREAS, the Parties wish for the development to proceed substantially in accordance with the "River Landing SAP Regulating Plan and Design Concept Book" attached as Exhibit "B" ("Regulating Plan and Design Concept Book"); and WHEREAS, as a condition to the approval of the River Landing SAP, the Owner and the Owner must enter into a development agreement pursuant to Article 3, Section 3.9 of the Zoning Ordinance and the Florida Local Government Development Agreement Act, Florida Statutes, 163.3220 through 163.3243; and MIAMI 4099321.2 79670/42063 WHEREAS, assurances to the Owner that they may proceed in accordance laws and policies, subject to the conditions of a development agreement, strengthe planning process, encourages sound capital improvement planning and financing, assuring there are adequate capital facilities for the development, encourages p participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the City Commission pursuant to Ordinance No. 13383, adopted May 23, 2013, has authorized the City Manager to execute this Agreement upon the terms and conditions as set forth below, and the Owner has been duly authorized to execute this Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby understood and agreed: The recitals are true and correct and are incorporated into and made a part of this Agreement. Section 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. Section 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include 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 hereto agree that this Agreement shall not be more strictly construed against any individual party as all Parties are drafters of this Agreement; and 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. Section 3. Definitions. Capitalized terms which are not specifically defined herein shall have the meaning given in the Zoning Ordinance. "Agreement" means this Development Agreement between the City and the Owner. (f) NOTICE \1 Completion of staff renew indicates permit application meets Cum reOrernents under Mein 2Landia Ineciyof Miami oae,ony.This permit application will n Htobescheddeaaa pudic heaving n accordance wiM isnein seI forth in the Ciyof Miami Code. Tile applicable decision-m.1g hotly. renew the pent appication at ibepoblic hearings d render either recammen.on or a final decision PZ-19-3353 06/28/19 MIAMI 4099321.2 79670/42063 2 "City" means the City of Miami, a municipal corporation of the State of Fl and all departments, agencies, and instrumentalities subject to the jurisdic thereof. t off/; NOTICE 1 Completion of.mf reviewindicates permit applmtion meets um rerements under Main 2L antlior Ne C."of MiamiCoegrie,onyT is permit application will need to ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision "Comprehensive Plan" means the comprehensive plan known as the Miami Comprehensive Neighborhood Plan (MCNP) adopted by the City pursuant to Chapter 163, Florida Statutes (2012), meeting the requirements of Sections 163.3177, 163.3178, and 163.3221(2), Florida Statutes (2012), which is in effect as of the Effective Date of the Agreement. "County" means Miami -Dade County, a political subdivision of the State of Florida. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels and such other activities described in Section 163.3221(4), Florida Statutes (2013). "Effective Date" is the date of recordation of the executed, original version of this Agreement. "Existing Zoning" is the applicable zoning designation and land development regulations of the Zoning Ordinance, the City Charter, and the City Code in effect as of the time of the effective date 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" mean all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a federal, local or State government affecting the Development of Land. "Public Facilities" mean major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational facilities, streets, parking and health systems and facilities. "Parties" means the Owner, the Owner, and the City who are all signatories to this Agreement. PZ-19-3353 06/28/19 Section 4. Purpose. The purpose of this Agreement is for the City to authorize the Owner to redevelop the Properties pursuant to the River Landing SAP. This Agreement will establish, as of the Effective Date, the land development regulations which will govern the Development of the River Landing SAP Property, thereby providing the Parties with additional certainty during the Development process. This Agreement satisfies the requirements of Article 3, Section 3.9.1.f. of the Zoning Ordinance. MIAMI 4099321.2 79670/42063 3 Section 5. Intent. The Owner and the City intend for this Agreement to be c implemented so as to effectuate the purpose of the River Landing SAP, this Agr Comprehensive Plan, Existing Zoning, and the Florida Local Government Dev Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2012). Section 6. Applicability. This Agreement only applies to the River Landing SAP Properties identified in Exhibit "A." NOTICE CompMon of staff reviewindicates permit appliadon meets minimum requirements under Miari 21a4M/or the Cityol Miami Code, onNTMs permit apdicationuili reed .hestl NJed bra pudic hearing In accatlance with timelines sellorth in the Cityof Miami Coda.The app6ne. decision -making botlyuill reuieu the pea. apWadon at the oak heanrg and rembr9tlaa recommentlaton or a finale.... PZ-19-3353 06/28/19 Section 7. Effective Date and Binding Effect. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the public records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida Statutes (2012). 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 Developer Parties, their successors, assigns, heirs, legal representatives, and personal representatives. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium ownership interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such release for properties in a condominium form of ownership after City approval as discussed herein. Section 8. Site Plan. The Property will be developed and used in compliance with the Regulating Plan and Design Concept Book as described in attached Exhibit "B" to this Agreement. Section 9. Zoning, Permitted Development Uses, and Building Intensities. The City has designated the Property as River Landing SAP on the official zoning Atlas of the City, pursuant to the applicable procedures in the Zoning Ordinance. As part of the River Landing SAP process, the Property is being rezoned to T6-24-0. The Regulating Plan and Design Concept Book attached as Exhibit "B" provides for any deviations from the underlying regulations of the Zoning Ordinance In approving the River Landing SAP, the City has determined that the uses, intensities, and densities of Development permitted thereunder are consistent with the Comprehensive Plan and the Zoning Ordinance. Signage and deviations to the regulations in the Zoning Ordinance are articulated further in the Regulating Plan and Design Concept Book and will be approved administratively in accordance with these regulations. Section 10. Future Development. Development within the River Landing SAP shall proceed pursuant to the Regulating Plan and Design Concept Book attached as Exhibit "B". The criteria to be used in determining whether future Development shall be approved are consistent with the Comprehensive Plan, this Agreement, and the River Landing SAP. The Comprehensive Plan, this Agreement, and the River Landing SAP shall govern Development of the Property for the duration of the Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Property only if the determinations required by Section 163.3233(2), Florida Statutes (2012) have been made after 30 days written notice to the Owner and after a public hearing. Pursuant to Section 163.3233(3), Florida Statutes (2012), a prohibition on downzoning supplements, rather than supplants, any rights that may be vested to the Owner under Florida or Federal law. As a result, the Owner may challenge any subsequently adopted changes to land development regulations based on (a) common law principles including, but not limited to, MIAMI 4099321.2 79670/42063 4 equitable estoppel and vested rights; or (b) statutory rights which may accrue Chapter 70, Florida Statutes (2012). NOTICE \ Completion of staff renew indicates permit application meets minimum reptiremenis under Miami 21anGia the City of Miami Code onty ms permit appkationw;uneed Moe scheaWeafor a Natio Mating In accordance wins timein st forth in Me Cityof Miami Code. The applicable decision-m.1g hotly. renew the permit appication at the public hearing and render eithera recommendation or a find decision Section 11. Local Development Permits. The Project may require additional pe approvals from the City, County, State, or Federal government and any division thereof. Subjec 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 approvals. Such approvals include, without limitation, the following approvals and permits and any successor or analogous approvals and permits: (a) Subdivision plat or waiver of plat approvals; (b) Covenant in Lieu of Unity of Title or Unity of Title acceptance or the release of , existing unities or covenants; (c) Building permits; (d) Certificates of use or occupancy; (e) Stormwater Permits; and (f) Any other official action of the Federal, City, County, State or any other government agency having the effect of permitting development of the Property. In the event that the City substantially modifies its land Development regulations regarding site plan approval procedures, authority to approve any site plan for the Project shall be vested solely with the City Manager, with the recommendation of the Planning Director or any other relevant party. Any such site plan shall be approved if it meets the requirements and criteria of the Zoning Ordinance, the Comprehensive Plan, and the terms of this Agreement. Section 12. Riverwalk. The Owner, at their sole cost and expense, agrees to make certain improvements at the rear of the Property immediately fronting the Miami River (the "Riverwalk"). The Riverwalk shall be built, constructed, installed, and maintained substantially in compliance with the plans as depicted in Exhibit "B". The Riverwalk will be open to the public and maintained by the Owner. PZ-19-3353 06/28/19 Section 13. Utilities and Easements. The Owner understands and agrees that the utilities presently serving the Property may be insufficient for the Development of the Project. The Owner agrees that they will, at their sole cost and expense, make any and all changes, improvements, alterations, or enhancements to these facilities necessary or appropriate to provide the highest level of service to the Property without in any manner diminishing the service to other properties within the City. Section 14. Compliance With Florida Building Code, Florida Fire/Life Safety Laws, and all Applicable Laws. The Owner shall at all times in the Development and operation of the Project comply with all applicable laws, ordinances, and regulations including but not limited to the Florida Building Code and Florida Life Safety codes to ensure the safety of all Project and MIAMI 4099321.2 79670/42063 5 City residents and guests. Specifically and without limitation, the Owner wit construct all required fire safety equipment and water lines with flow sufficient to possible fire occurrences. t off/; NOTICE 1 Completion of.mf reviewindicates permit applmtion meets um rerements under Main 2L antlior Ne C."of MiamiCoegrie,onyT is permit application will need to ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Section 15. Notice. All notices, demands, and requests which 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 3500 Pan American Drive Miami, FL 33133 With a copy to: City Attorney Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 To River Landing Development, LLC/Owner: Andrew Hellinger, Esq. and Coralee Penabad, Esq. 235 Altara Avenue Coral Gables, FL 33146 With a copy to: A. Vicky Garcia -Toledo, Esq. Bilzin Sumberg Baena Price and Axelrod, LLP 1450 Brickell Avenue, 23rd Floor Miami, FL 33131 Any party to this Agreement may change its notification address(es) by providing written notification to the remaining Parties pursuant to the terms and conditions of this section. Section 16. Environmental. The City finds that the proposed Project will confer a significant net improvement upon the publicly accessible tree canopy in the area. The Parties agree that the Owner will comply with the intent and requirements of Chapter 17 of the City Code within the River Landing SAP where required. Section 17. Seawall. The Owner shall be responsible for any repairs to the seawall in compliance with the standards set forth by the Army Corps of Engineers and the City Code. MIAMI 4099321.2 79670/42063 6 Section 18. Waterfront Specialty Center Designation. Pursuant to Chapter 4 Code, the River Landing SAP is designated as a Waterfront Specialty Center. t off/; NOTICE 1 Completion of.mf reviewindicates permit applmtion meets um rerements under Main 21.antlior Ne C."of MiamiCoegrie,onyT is permit application will need to ulledrlM fora public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Section 19. Alcoholic Beverage Sales. Upon approval of this Agreement, pursuant to Chapter 4 of the City Code, a Waterfront Specialty Center is hereby designated for the River Landing SAP. Any establishments located therein shall be entitled to the benefits afforded by Chapter 4 of the City Code. Notwithstanding the requirements of Sec. 4-3.2 of the City Code, Planning, Zoning and Appeals Board and City Commission approval shall not be required for bars (including taverns, pubs, and lounges), nightclubs, and supper clubs as principal uses proposed to be located on the River Landing SAP. The maximum number of establishments selling alcoholic beverages permitted within the Waterfront Specialty Center shall not exceed four (4) establishments, but exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in conjunction with the principal use of the sale of food (e.g. bona fide, licensed restaurants, with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX, or an equivalent license). The number of approved establishments may be increased by amendment to this Agreement before the City Commission and Section 27 of this Agreement. Section 20. Archaeological. Due to the Project's location in a high probability Archaeological Conservation Area, the City will require the Owner to obtain a Certificate to Dig, pursuant to Chapter 23 of the City Code, to dig prior to any ground disturbing activities. Section 21. Public Benefits Pursuant to this Agreement. (a) Job Creation & Employment Opportunities. Generally, the Owner shall consult with local and state economic development entities regarding job training and job placement services for area City residents seeking employment opportunities with potential employers which will locate or establish a business within the River Landing SAP. (b) Pursuit of Additional Land. The Owner hereby agrees to use its best efforts to acquire by lease or fee simple ownership a parcel of land east of the River Landing SAP for open space within the River Landing SAP. The Owner will update the City on an annual basis regarding this acquisition. Section 22. Emergency Management. The Owner shall ensure public safety and protection of property within the coastal zone from the threat of hurricanes. A portion of the River Landing SAP is part of the Coastal High Hazard Area (CHHA) as depicted in the Map in Appendix CM-1 of the MCNP. The Owner will review the Development's potential impact on evacuation times and shelter needs in the event of a hurricane. Section 23. Covenant. The River Landing SAP is on the Miami River, and incorporates residential Development. Pursuant to the City's MCNP, Policy PA-3.1.9., the Owner shall record a covenant running with the land acknowledging and accepting the presence of the existing MIAMI 4099321.2 79670/42063 7 working waterfront 24-hour operations as permitted. This Covenant shall be separ from this Agreement. NOTICE Corrpl,m INxUffreAew 7"'.zpermit :" mesh m rerv.s eneKap lcaonv I need to besthe*gfdfor Catle.mry Rispamitappicatbnvillneeab EeschMUMbra puWk Fearing Inaccordance dec oelirr set forth In tFz cityIN the peCode. Tlxapplable pudic nmakng botlywr review tlx permit �pllcation at the pudic hearing and rends either a, Section 24. Multiple Ownership. In the event of multiple ownership subsequent approval of the Agreement, each of the subsequent owners, mortgagees, and other successors having interest in the Property (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Agreement as covenants that run with the Property. Section 25. Common Area Maintenance. The Owner will create, prior to the conveyance of any portion of the Property (less than the entire Property), a master association or other entity which shall provide for the maintenance of all common areas, private roadways, cross - easements, and other amenities common to the Property. This Agreement shall not preclude the Owner(s) of the Property from maintaining their own buildings or common areas not common to the Property, outside the control of the master association. The instrument creating the master association or other entity shall be subject to the approval of the City Attorney. Section 26. Modification. The provisions of this Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time only by recorded instrument executed by the Owner, and the City after public hearing before the City Commission. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such instrument described herein for properties in a condominium form of ownership after approval by the City and public hearing before the City Commission. recomrnendahan or a fnal decision. PZ-19-3353 06/28/19 Section 27. Enforcement. The City, its successor or assigns, and the Owner shall have the right to enforce any of the provisions of this Agreement. Enforcement shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. Additionally, the City may enforce this Agreement by any means allowed by law, including but not limited to injunction or via Chapter 2, Article X of the City Code. Section 28. Authorization to Withhold Permits and Inspections. In the event the Owner 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 permits for the Property and refuse any inspections or grant any approvals, with regard to any portion of the Property until such time this Agreement is complied with. Section 29. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by all the Parties hereto that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at of 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 MIAMI 4099321.2 79670/42063 / 8 NOTICE ComplcUonof xUff re 010d01 0100 2t rmit apt 0C0y ,7's m rTl000 moa1*03Miaril need tormeoe&iedami Cale. Dory TlvspamitappicatbnvillrroeO to Eestl NUetl hra federal courts and venue for any such actions shall lie exclusively in a court o jurisdiction in Miami -Dade County. In addition to any other legal rights, the City an shall each have the right to specific performance of this Agreement in court. If brought in a court of competent jurisdiction, the prevailing party will be entitled to reas attorneys' fees as the court may adjudge and all costs incurred. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial. Section 30. Severability. Invalidation of any of these sections in the Agreement, by judgment of court in any action initiated by a third party, in no way shall affect any of the other provisions of this Agreement, which shall remain in full force and effect. Section 31. Events of Default. ublkbearin9'rna apOc00000*timelinesset to0FinlheCRYof Mlaml Code pl.The bon at the declslonma1ng bodnder either tlx pemvt reco mat the00r aMal dgaM reiEaeMea mentlatlan orafial deasron. PZ-19-3353 06/28/19 (a) The Owner shall be in default under this Agreement if the Owner fails to perform or is in breach of any term, covenant, or condition of this Agreement which is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then Owner shall not be in default if it commences to cure such breach within said thirty (30) day period, diligently prosecutes such cure to completion; and notifies the City in writing of its attempt to comply. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from the Owner 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 either party is declared bankrupt by a court of competent jurisdiction after the Project has been built. All rights and obligations in this Agreement shall survive such bankruptcy of either party. The Parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of the other party. (c) The default of any Owner or successor or Owner of any portion of the Owner's rights hereunder shall not be deemed a breach by any other Owner, or any other successor or Owner of any portion of the rights of the Owner hereunder or any other successor. MIAMI 4099321.2 79670/42063 Section 32. Remedies Upon Default. (a) Neither party may terminate this Agreement upon the default of the o but shall have all of the remedies enumerated herein. t off/; NOTICE 1 Completion ofsmff miewindicales permit applmtion meets Cum rerements under Main 2L antlior Ne C."fMami oegrie,onyT is permit application will need to ulledrlM fora public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Owner 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 other than termination of this Agreement. If an action is brought in a court of competent jurisdiction to seek specific performance, the prevailing party will be entitled to reasonable attorneys' fees as the court may adjudge and all costs incurred Section 33. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over any contrary term or provision_ contained herein, in the event of any lawful termination of this Agreement, the following obligations shall survive such termination and continue in full force and effect, until the expiration of a one (1) year teen 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. Section 34. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the Parties 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 Owner or its subsidiaries, divisions, or affiliates. Section 35. Cooperation. (a) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The City shall use its best efforts to expedite the permitting and approval process in an effort to assist the Owner in achieving its Development and construction milestones. The City will accommodate requests from the Owner or the Owner's general contractor and subcontractors for review of phased or multiple permitting packages, as allowed by law or as approved by the Building Official in consultation with the Planning Director or any other relevant parties, such as those for excavation, site work and foundations, building shell, core, and interiors. (b) Notwithstanding the foregoing, the City shall not be obligated to issue Development permits to the extent the Owner does not comply with the applicable requirements of the Zoning Ordinance, the Comprehensive Plan, this Agreement, or any applicable building codes. MIAMI 4099321.2 79670/42063 10 Section 36. Recording. This Agreement shall be recorded in the Public Recor Dade County, Florida at the Owner's expense and shall inure to the benefit of the Ci of the recorded Agreement shall be provided to the City Manager, City Clerk, and City within two (2) weeks of recording. NOTICE Corrpl�on IN xUff redew irtliatez permit appiaAm mesh requireneKap Iconv4I need to besthe*gdfor Cale. only.. Rispamitappicatbnvillneeab EeschMUMbra pu lar C d accordance dec oelirr set forth In tFzcity`" Mlaml Code. Theapplabtedxlslonmakng botlywN review the permit qopllcation at the pudic hearing and render eithera recomrnenclatian or a 5.1 decision. PZ-19-3353 06/28/19 Section 37. Successor(s), Assigns, and Designees. The covenants and obligations set forth in this Agreement shall extend to the Owner, their successor(s) and/or 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. MIAMI 4099321.2 79670/42063 11 IN WITNESS WHEREOF, these presents have been executed this 2I /Lt ,2014. STATE OF fiaYivh COUNTY OF 0474 %a .) SS NOTICE \1 Completion of staff renew indicates permit application meets Cum reGurernents under Mein 2Landia Ineciyof Miami oae,ony.This permit application will n Htobescheddeaaa pudic heaving n accordance wiM isnein seI forth in the Ciyof Miami Code. Tile applicable decision-m.1g hotly. renew the pent appication at ibepoblic hearings d render either recammen.on or a final decision PZ-19-3353 06/28/19 RIVER LANDING DEVELOPMENT LLC, a Florida limited liability company By: 2- By:4//c/r2r-- Its: //la,;:kr‘— The foregoing instrument was acknowledged before me this 00 day oft, 2014 by r kid, : f River Landing Development LLC who is (< ) to me or ( ) .roduced a ' . id driver's licen identification. My Commission Expires: MIAMI 4099321.2 79670/42063 Notary Public Sign Name: if Print Name: [NOTARIAL SEAL) 12 t off/; 1 NOTICE Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 IN WITNESS WHEREOF, these presents. have been executed this 21 day o ICI afot, , 2014. ATTEST, CITY OF MIAMI, a municipal corporation Tod �City:C �:�1��rl� BY Danie ���•�'�� APPR CORR CTN ASS: +► r r,: r.,,.• - , »- 'VE . A. Ter FfORM AND Victofta Menz City Attorney MIAMI 4099321.2 79670/42063 13 Exhibit "C" NOTICE \ Completion of staff renew indicates permit application meets cum requirements under Miami2l andla the CMof Mumi oe.only. T is permit application will need M be scheduled for a pudic bearing nacconianme wilt timelines set forth in Me ciyd Miami Code. Tbeapplirade decision -making bodywill renew Me pent aipication at the public bearing and render either recemmadation or a final decision. PZ-19-3353 06/28/19 44' R pUBLIC :-9 Instrument prepared by and returned to: Robert Warren, Real Estate Advisor Miami -Dade County, Regulatory and Economic Resources Department 111 N.W. I Street, Suite 1200 Miami, Florida 33128-1907 Folio No. : 01-313 5-03 7-0090 111111111111111111111 -FN 2 _E1 OR BK. 30609 P9 RECORDED 07 DEED DOG TAX X SURTSURTAX$0.45 iiARVEY R'UVIN: t4IAMI.-DADE COUN {SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA) - NOTICE Completion of staff under permit applimE ofMra miniwn requirements under Mimi 21and/or meaty of Miami Cock, only. THspe nit applicationwinneedb be scheduled fora public hearing In accordance wm limelinez set forth in the City of Miami Code The applicable tltcision-malting body will review tie permit application at the public Mang and rattlereimea recomrrun.on or a rhal decision. PZ-19-3353 06/28/19 COUNTY DEED / THIS COUNTY DEED, made this 1 / day of , 2017, by Miami -Dade County, Florida, a political subdivision of the State of Florida, party of the first part (the "County"), whoseaddress is: Stephen P. Clark Center, 111 N.W. 1st Street, Suite 2460, Miami, Florida 33128, and the River Landing Conservation Foundation, Inc., (the "Foundation") a Florida not - for -profit corporation, party of the second part, whose address is: 283 Catalonia Avenue, Coral Gables, Florida 33134. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars, to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged has granted, bargained and sold, except without the right to convey or assign, to the party of the second part, its successors and assigns forever, the following described lands lying and being in Miami -Dade County, Florida, (the Property"): LEGAL DESCRIPTION TRACT 9 OF CIVIC CENTER SECTION ONE, according to the Plat thereof recorded in Plat Book 75, at Page 36, of the Public Records of Miami -Dade County, Florida, including that parcel of land lying North of the Miami River and South and Southwesterly of Southerly right-of-way ofNW 11 Street; Less and except the following : that portion of said TRACT 9 which was transferred by County Deed from the County to the State Road Department of Florida (n/kla Florida Department of Transportation) on June 28, 1966 as recorded in Official Records Book 5159, Page 320 of the Public Records of Miami -Dade Qi° IEW G0 0 f 11 t off/; 1 NOTICE Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable clecisiion-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 County (the "State Property") and less and except four separate conveyances to the Miami -Dade Expressway Authority, an agency of the State of Florida, its successors and assigns recorded in Official Record Book 29936, Page 1058 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1063 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1068 in the Public Records of Miami -Dade County, and recorded in Official Record Book 29936, Page 1073 in the Public Records of Miami -Dade County. Said conveyance is subject to all easements, dedications and other notations contained in the Plat of Civic Center Section One, according to the plat thereof recorded in Plat Book 75, Page 36 of the Public Records of Miami -Dade County, Florida; and is further subject to the easement granted by Dade County to the Department of Water and Sewer of the City of Miami, dated December 20, 1955 and attached hereto. Said conveyance is subject to the restrictions set forth in the Declaration of Restrictions recorded on ,j U (—'( of , �•'3 l 7 in Official Records Book '0 at Page (a, Li in the Public Records of Miami -Dade County. Address: 1280NW llth Street, Miami, FL 33125 (the "Property") Folio No: 01-3135-037-0090 This grant conveys only the interest of the County and its Board of County Commissioners in the Property herein described and shall not be deemed to warrant the title or to represent any statement of facts concerning the same. This grant is made solely for the public not for profit purpose of construction, maintenance and creation of sea wall improvements, pedestrian walkways and green space, enhancement, beautification, landscaping and lighting of the walkways along the banks of the Miami River and greenways along the north side of the Miami River according to the City of Miami Greenway Action Plan for the benefit of all Miami - Dade County residents for the non-profit use of the public, and for no other use and subject to the terms and conditions contained in the Declaration of Restrictions (the "Declaration") executed together with this Deed on U L tt'' , (� j -7 If in the sole discretion of the County, the Property ceases to be used for these purposes by the Foundation, or the Foundation ceases to exist, or changes or Ioses its status as a not -for - profit corporation, or if the Foundation violates the terms contained in the Declaration, including but not limited to construction of the improvements or expenditure of funds set forth in Exhibits t off/; 1 NOTICE Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2lantlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to he ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision A and B of the Declaration, title to the Property shall revert to the County, at the option o County under the terms set forth in the Declaration. In the event of such reverter, the Foundation shall immediately deed the Property back to the County, and the County shall have the right to immediate possession of the Property, with any and all improvements thereon, at no cost to the County. The effectiveness of the reverter shall take place after final notice is provided by the County, regardless of the deed back to the County by the Foundation. The County retains a reversionary interest in the Property, which right may be exercised by the County in accordance with this Deed or the Declaration. Upon such reversion, the County may file a Notice of Reversion evidencing same in the public records of Miami -Dade County. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGE FOLLOWS] PZ-19-3353 06/28/19 OR Bk 306 LAST PAIGE t off/; NOTICE 1 Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. render either recommendation or a final decision IN WITNESS WHEREOF Miami -Dade County has caused these presents to be execut in its name by its Board of County Commissioners acting by the Chairperson or Vice- Chair Person of said Board, the day and year aforesaid. (OFFICIAL SEAL) ATTEST: FLORIDA MIAMI-DADE COUNTY, BY ITS BOARD OF HARVEY RUVIN, CLERK COUNTY CO 1 P° SIONERS By: Deputy Clerk Approved for legal sufficiency: Acsr,,i-.COMtity +1e.,&(F, cetai1 m ..,'% •B•eia ,i1^. �ii is By: PZ-19-3353 06/28/19 FSr,5e)pr(13c5ctot3-.� RA-) 2 hit i J The foregoing was authorized by Resolution No.: R-593-15, approved by the Board of County Commissioners of Miami -Dade County, Florida, on the 30th- day of June, 2015. STH•rE O FL A, COUNT OF fOItE -ERE 8 Y cERTtFY that tt:rs is a true copy of ft ltt .tflyinc 'F'S office ontw «.�-• G2 Of 2.0 1 (dell ffit r . _ % E SS my '-an0 ri 75. T .ty Cow ;c.. Exhibit "D" NOTICE \1 Completion of staff renew indicates permit application meets Cum reGurernents under Mein 2Landia Ineciyof Miami oae,ony.This permit application will n H tobescheddea fora pudic heaving n accordance wiM isnein seI fof in the Ciyof Miami Code. Tile applicable decision-m.1g hotly. renew the pent appication at ibepoblic hearings d render either recammadation or a final decision PZ-19-3353 06/28/19 This instrument was prepared by: Robert Warren, Real Estate Advisor Regulatory and Economic Resources Department Miami -Dade County 111 N.W. 1st Street, Suite 1200 Miami, Florida 33128 Folio No.: 01-3135-037-0090 111111111111111111111 sue_ F N 20-1 OR eft 30609 Fts RECORDED 07 HARVEY RUVII h1IAKII-•UADE (Space reserved for Clerk) NOTICE ComplcUonof zUff reded00M01ez permitapp0C Cale. p0m0 oT109e l00npermit laaapuaprd0e00M*Mintvidmilel need dstteoot bIer: fl1efedeefohr Miami Code The applicable p ble dnbod1 1h1e the pemvt application at the public arhg and render eitwa rommepdatip00rafnaldecision. o af i DECLARATION OF RESTRICTIONS WHEREAS, Miami -Dade County (the "County") has approved the conveyance to the River Landing Conservation Foundation, Inc. (the 'Foundation"), a Florida not -for -profit corporation, of real property located in the City of Miami, Florida, subject to the execution of this Declaration of Restrictions ("Declaration"), legally described as follows: TRACT 9 OF CIVIC CENTER SECTION ONE, according to the Plat thereof recorded in Plat Book 75, at Page 36, of the Public Records of Miami -Dade County, Florida, including that parcel of land lying North of the Miami River and South and Southwesterly of Southerly right-of-way of NW 11 Street; Less and except the fo 1 lowing: that portion of said TRACT 9 which was transferred by County Deed from the County to the State Road Department of Florida (n/k/a Florida Department of Transportation) on June 28, 1966 as recorded in Official Records Book 5159, Page 320 of the Public Records of Miami -Dade County (the "State Property") and less and except four separate conveyances to the Miami -Dade Expressway Authority, an agency of the State of Florida, its successors and assigns recorded in Official Record Book 29936, Page 1058 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1063 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1068 in the Public Records of Miami -Dade County, and recorded in Official Record Book 29936, Page 1073 in the Public Records of Miami -Dade County. Said conveyance is subject to all easements, dedications and other notations contained in the Plat of Civic Center Section One, according to the plat thereof recorded in Plat Book 75, Page 36 of the Public Records of Miami -Dade County, Florida; and is further subject to the easement granted by Dade County to the Department of Water and Sewer of the City of Miami, dated December 20, 1955 and attached hereto. 1 PZ-19-3353 06/28/19 t off/; 1 NOTICE Completion of.mX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Said conveyance is subject to the restrictions set forth in the County Deed recorded contemporaneously herewith in the Public Records ofMiami-Dade County. Address: 1280NW llth. Street, Miami, FL 33125 Folio No: 01-3135-037-0090 WHEREAS, the Foundation hereby acknowledges and agrees that this Declaration was an inducement and part of the consideration for the County to convey the Property to the Foundation. NOW THEREFORE, in order to assure the County that the representations made by the Foundation will always be abided by, the Foundation, for sufficient consideration, makes the following Declaration covering and running with the Property. The Foundation hereby agrees and stipulates as follows: Permitted Use of the Property. The Property shall solely be used by the Foundation to: construct, maintain, and create pedestrian walkways on the boundary of the Property and to enhance, beautify, landscape and light the walkways along the banks of the Miami River, and to build, create and maintain sea-wall improvements and greenways along the north side of the Miami River (collectively the "Improvements"), all of which shall be for such not for profit use by the public at all times and at no charge, consistent with all governmental regulations and according to the City of Miami Greenway Action Plan for the benefit of the public, and for no other use. No for -profit use shall be made of the Property. Notwithstanding the foregoing, incidental shows or fairs may be held on the Property provided that they shall be open to the public and limited to a total duration of thirty (30) total days per year. Construction of the Improvements, with the exception of the seawall as set forth herein, shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property. Solely with respect to the improvements to the seawall, such construction shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property; provided, however, that if the Foundation has applied and paid for all necessary permits, and through no fault or delay of the Foundation, the seawall has not been completed within the three year period, then the timeframe for completion may be extended by the County Mayor or the County Mayor's designee in one year increments for atotal of three additional years, to be determined in the sole discretion of the County Mayor. Immediately following its completion, the Improvements shall continuously be maintained solely for the uses set forth in this section. Nothing in this Declaration, however, shall prevent the Foundation from modifying or updating the wallcways or seawall to be consistent with any future modifications of the Miami River Greenway Action Plan. The Foundation shall maintain the Improvements along the boundary of the property consistent with all governmental regulations, including, but not limited to, the City of Miami standards for the Miami River and the State of Florida Inland Waterways regulations or standards. NOTICE CorrPb ion of self rerervindiabs permitamaikaEan meets mirimum requirements under Miami 21artl/or the Cityol Miami Ca leranly This permit applicatbnwill reed blue stlredJN br a pub, baarg In accatlaree with timelines set.. in the City. Kam apn able Oxislon-melting botlywill renew Me permit application at Me pubic hearing and rents ether a recommendation or a final decision. / As a minimum condition of this Declaration, in addition to any additional requirements set herein, the Foundation shall construct and create the improvements, and expend the funds o same, as set forth in Exhibits A and B, attached hereto and made a part hereof. Such construction, use, maintenance, and expenditure shall be a required and enforceable condition of this Declaration. County I n s p e c t i o n and Right to Audit. It is hereby agreed that the County, or its duly authorized agents, shall have the right at any time to inspect the Property, or upon reasonable notice, the Foundation's financial and accounting records, maintenance records, or other corporate documents related to the construction or maintenance of the Improvements to determine whether the requirements herein are being fully complied with. Such records shall be made available within fifteen (days) of such request by the County. Covenant Running with the Land. This Declaration shall constitute a covenant running with the land on the Property, and shall be recorded in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the River Landing Conservation Foundation, and its subsidiaries, successors and assigns until such time as the same is modified, amended or released by mutual agreement with, and as evidenced by resolution of Miami -Dade County. The Foundation, its subsidiaries, successors and assigns, agree that acceptance of this Declaration is legally binding upon them, and does not in any way obligate or provide a limitation on the County. Assignment, Lease or Subsequent Conveyance. The Foundation shall not assign, lease, or convey or transfer the Property, in whole or in part, to any person or entity without the prior written consent of Miami -Dade County Board of County Commissioners, which may be withheld in its sole and absolute discretion. Modification, Amendment, Release. This Declaration may not be amended or released without the written consent of Miami -Dade County, in its sole and absolute discretion and pursuant to approval by extraordinary vote (2/3 required). Authorization for Miami -Dade County to Reacquire the Property. In the event that the Improvements are not constructed as set forth herein, including but not limited to expenditure of the funds and/or construction of the improvements set forth in Exhibits A and B hereto within the time frame set forth herein, or the Foundation ceases to exist or changes or loses its status as a not -for -profit organization, or any of the terms of this Declaration are not complied with, the County shall provide thirty (30) days written notice to the Foundation to provide the Foundation an opportunity to cure the default ("Grace Period"). If after expiration of the thirty (30) day Grace Period, the Foundation has not remedied the default, as determined in the County's sole and absolute discretion, then at the option of the County and upon ten (10) days' written notice, the Property shall then immediately revert to the County, along with any and all improvements thereon, without cost or expense to the County. This right shall be in addition to any other remedy that the County may have herein and/or at law or in equity. 3 PZ-19-3353 06/28/19 t off/; 1 NOTICE Completion of.mX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising, at will, such other additional rights, remedies, or privileges. Severability. Invalidation of any one of these covenants, by judgment of a court, shall not affect any of the other provisions which shall remain in fuII force and effect. However, if any material portion is invalidated, the County shall be entitled to reacquire the Property predicated upon the invalidated portion of this Declaration as a result of its reversionary interest in the Property. Recording. This Declaration shall be filed on the date the Property is conveyed to the Foundation, with the Declaration filed first and then the Deed for the Property filed immediately thereafter. This Declaration shall become effective immediately upon recordation. Acceptance of Declaration. The Foundation acknowledges that acceptance of this Declaration does not obligate Miami -Dade County in any manner, and does not entitle the Foundation to favorable approval of any application, zoning or otherwise, and that the County retains its full power and authority to any application, in whole or in part. Incorporation of Recitals. The Foundation hereby agrees that the recitals in this Declaration are hereby true and correct, and are incorporated into this Declaration. IN WITNESS WHEREOF, the representatives of the River Landing Conservation Foundation, Inc. have caused this Declaration to be executed by their respective and duly authorized representative on this 1: 1.`b'-day of -TV t.- , 2017, and they intend to be legally bound hereby to all of the terms and conditions of this Declaration. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGES FOLLOW] 4 C1emer c‘ck La��na itness/ Attest: ness/Attest: STATE OF FS ' COUNTY OF River Landing Conservation Foundation, Inc. a Florida not -for -profit corporation By: Name: drao 4444/0r Title: L.s"iar' SS: t off/; NOTICE 1 Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing naccoNance.th tmeires set forth in the City of Miami Code. The applicable clecisiion-making hotly will review the permit app,caton at the p.. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 The foregoing instr ment was acknowledged before methi3.3b day of j/..0.-e, , 2017, by J - CO'W /,C<1vt A5 JlFf cT1)R , oftheRiverLanding Conservation Foundation. nc.. a Florida not -for -profit corporation, whose title is re_C+0 i and s/IOas produced identification or is pe�n Ii fl17117r-Ltrr1. (SEAL) Notary Public -State of as CORALEE PEMABA0 e := MY CaYMl5S1oN i FF249234 EXPIRES: July 1, 2019 's4 ,11,V Bonded Thou Notary PubicUnderteiiters Gr,tP- . Ronda- CommissionNumber: 5 t off/; 1 NOTICE Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 MIAMI-DADE COUN Y, FLORIDA, apolitical subdivisio of the State of Florida by its Boar f County Commissioners By: Name: S! (3 at V O Uk- Title: l l $\ I t2 tvl t-u ATTEST: APPROVED FOR FORM AND LEGAL SUFFICIENCY By: (9&601(y.0 Name: ileaelACIr\ Title: Assistant County Attorney t off/; 1 NOTICE Completion of.mX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision EXHIBIT "A" Required Use and Construction on the Property by the River Landing Conservation Foundation, Inc.: 1. Creation of scenic and pedestrian walkways along the banks of the Miami River for use by the public. 2. Creation and improvement of the seawall along the boundary of the Property on the banks of the Miami River to prevent erosion of the land and to allow the building of the pedestrian walkways. 3. Enhanced beautification, Iandscaping and lighting of the boundary of the Property creating pedestrian walkways, greenway and riverwalk along the banks of the Miami River and below the SR 836 highway. 4. Creation of green space along the banks of the Miami River, 5. Construction of the pedestrian walkways, bicycle paths and supporting seawall along the length of the property all in conformity with the applicable zoning rules and regulations and all federal, state, county and municipal regulations, including, but not limited to the Miami Greenway Action Plan of April 2001 including its modifications and amendments according to any City of Miami ordinances and/or resolutions. 6. Construction of the itemized improvements on the Budget Estimate attached as Exhibit 'B" to this Declaration. 7. The Foundation shall spend a minimum of $3,974,223, as per the specifications of Exhibit "B," in site work, construction, utilities and maintenance for the Property. PZ-19-3353 06/28/19 OR L k 306r (Ln'ST PAGE EXHIBIT "B" , March 12th, 2013 River Landing County Parcel Alternate 1 MIAMI, FL PREIJMINARY BUDGET ESTIMATE • Gross Slte Area (SF); 94,000 River Landing County Parcel Alternate 1 SPEC ( DESCRIPTION OF WORK QNTY I UNIT ( Ct1ST ( TOTAL SITE WORK & UTILITIES Gerais! Items Surveying, Layout, & As-bullts 1 Is 25,000.00 25,000 Sedimentation Control Fence 2,300 If 6.00 11,500 Turbidity Barrier 1,00D if 25.0D 25,000 Construction EhUanm 2 ea • 5,000.03 10,000 ConstructlenGales -20'-0° 2 ea 1,260.00 2,400 Truck Wash Station • 1 ea 4,000.00 4,000 Temporary Construction Fence wt Screen 2,300 If 12.50 28,750 Maintain Temporary Conslrtrctton Fence 310 rah 23,00 7,130 Demnftinn ' Asphalt removal 70,000 sf 0.17 11,900 Concrete curb removal 1,315 Intl 0.17 224 Tree RemovaUClear& grub 94,000 sf 0.45 42,300 Remove Light PoleslFoundaUons 5 ea 367.33 1,837 Earth Work Strip Topsoil CA•t °- Haul Offsite 1,741 cy 10.69 18,957 Rough Grade Stle 10,444 sy 1.63 17,024 Storm Drainage Storm Drainage System 1 allow 20,000,00 20,000 SepttarySewer ' Senitsry Sewer System N/A Water Dlstributlort Irrigation 'service 1 allow 10,000,00 10,000 Site E(eotrlcal Lighting: Water's Edge 100 ea 2,000.00 200,000 Lighting: Overhead 30 ea 4,000.00 120,000 Sito im,Provementa Replace existing sidewalk 12,400 sf 6.00 74,400 Stamped concrete paving w/ woad element 28,000 sf 12.00 312,000 12- Stabilized subgrede 2,880 sy 4.60 13,001 4° Lfinemckbase 2,889 sy 7.50 21,857 Seawall Improvements Temporary sheet piling 900 if 350,00 315,000 ()metering 1 aMw 250,220,00 250,000 Utility locates (Diver) 1 Is 16,000,00 15,000 Maintenance of Traffic- Existing Roadway es Access 1 Is 10,009,00 10,000 Ghent piing, concrete cep, batter piles et new sea wall 750 B 1,3000D 975,000 Uniestone boulders lining new sea wail (Mlaml-Dade rgmnt) 750 If 135.00 101,250 Bond for boulders, materiel only (Miami•Dade rtpent) 750 If 90.00 • 67,600 Site Furnishings Plelnwol Benches-Wood/Metal•6ft • 12 ea 3,000.00 38,000 PtainwelTrash Receptacles 15 ea 1,400.00 21,000 Waylnding stgnege 3 Is 5,000.00 15,000 Metal Railing B00 bit 75.00 80,000 Miss FFE Designer 1 atw 75,000.00 75,000 Landscaping & Irrigation Landscaping- Lurie Palms 26 ea 3,750.00 93,750 Landscaping - Trees 40 ea 2,500.00 100,000 Landscaping -E ihnrbs/Groundcover 650 ea 65.00 42,250 Landscaping - Sod 70,500 sf 0.37 26,005 Irrigation 94,000 sf 0.45 42,300 Subtotal Construction costa 3,222,223 General Conditions & Mark Uas General Conditions 400,000 insurance Program 40,000 Payment & Performance Bond 32,000 Design Contingency 0 Construction Contingency 2% 80,000 Construction Managers Fee 5% 200,000 Estimate Total: 1 Or 1=f,.ORiDA_ COUNT OF DADE 3,974,223 6 A rE • KE1Ff7 r CEI %If- r that tr.is :s 2 irue COPY rr rife ,rrgrrrar Ned rn rh-s ofh^e on day of JULo.D t;� _ If MESS my ban.^, nL! i $oaf. :AR'•/E:Y RUV(P!"[' r, r ;read and �C(Q#o}ounty Courts -T' Sil1A` 2O I )44 NOTICE \ Completion of staff renew indicates permit appllcati.meet minimum reptirements under Miami 21andiar the City of Miami Code, Doty Tvs permit aplkation.lin Htoee sme,. fora p 1. Mating In accordance with timein set forth in the Cityof Miami Code. The applicable decision-m.1g body wilt renew the permit appication at the public hearing and render eithera mecommerMation or a final decision PZ-19-3353 06/28/19 1 1 Exhibit "E" t off/; NOTICE 1 Coreplefion of smX review intlicalespamitaptl..n meets Cum negUrem.s under HI,. 2l and/orNe Ciy of Miami oee, ony TNs permit,plrztion will need to he ulledu. far a p.cteadng nacco.nce wiN tmeirs set foM in the City of Miami Code. The applicable decision -making hotly will review Ne pent appicaton at the public hearing. rents e.r rewmme.alion or a final d.sion PZ-19-3353 06/28/19 t off/; 1 NOTICE Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND RIVER LANDING DEVELOPMENT, LLC, REGARDING DEVELOPMENT OF THE RIVER LANDING PROJECT This is a First Amendment to Development Agreement ("First Amendment") made this _ day of 2019, between R.L. Miami, LP f/k/a River Landing Development, LLC, a Delaware Limited Partnership, ("Owner"); and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"), collectively referred to as the "Parties" to this Agreement. RECITALS WHEREAS, the City and Owner executed a Development Agreement ("Development Agreement") attached as Exhibit "A" as approved by the City Commission under Ordinance No. 13383, to develop the Project; and WHEREAS, the Owner is the fee simple owner of 8.14 acres of property in Miami -Dade County, Florida, legally described on Exhibit "B", having a street address of 1500 NW North River Drive, Miami, Florida ("Property"); and WHEREAS, the City Commission approved a Special Area Plan, as amended, for the Property, pursuant to Ordinance 13382, in order to develop the Property as a mixed -use development with residential units, retail, restaurants, a riverwalk, and other amenities ("Project"); and WHEREAS, the proposed Project location on the Miami River will allow for use and enjoyment of the Miami River by not only the residents and patrons of the Property, but also the general public; and WHEREAS, the proposed Project will create certain recurring fiscal benefits for the City's tax base as well as much needed temporary and permanent jobs for the City's residents; and WHEREAS, it is the policy of the City to promote and encourage private sector development that will create jobs and cause economic development, which will have long term benefits to the City of Miami; and WHEREAS, the Development Agreement required that the Owner use best efforts to acquire abutting property from Miami -Dade County; and WHEREAS, the Owner acquired the abutting property as evidenced by the deed attached as Exhibit "C" subject to a Declaration of Restrictive Covenants attached as Exhibit "D", requiring Owner to among other things construct and maintain pedestrian walkways and similar improvements to the abutting property for the use of the public, said improvements totaling nearly four million dollars in preliminary budget; and MIAMI 6402677.14 84195/87925 t off/; 1 NOTICE Completion of.mX review indicates permit aptlmCon meets um rerements under Marti 21.antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 WHEREAS, the River Landing project will include approximately two (2) acres of open, public green space within its development; WHEREAS, River Landing will construct an additional two and a half (2.5) acres of green space on property adjacent to the River Landing project and to be managed by the River landing Conservation Foundation, Inc.; and WHEREAS, the Owner has requested an amendment to the Development Agreement to use the park impact fees charged by the City in the Project and immediate surrounding neighborhood; and WHEREAS, the Owner has requested that the park improvements as described in Exhibit "E" below be used to satisfy the Public Benefits program for the Project pursuant to Section 3.14 of Miami 21; and WHEREAS, the City is desirous of spurring economic development of mixed -use projects in Enterprise Zone(s) and the urban core; and WHEREAS, assurances to the Owner that they 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. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby understood and agreed: The recitals are true and correct and are incorporated into and made a part of this Agreement. Section 1. Recitals. The above recitals are true and correct and incorporated herein by reference. Section 2. Public Benefits Pursuant to this Agreement. Section 21 of the Development Agreement is hereby amended as follows: (b) Pursuit of Additional Land. The Owner in cooperation with the River Landing Conservation Foundation has hereby agrees to use its best efforts to acquired by 1 se er-fee simple ownership of a parcel of land east of the River Landing SAP for open space within the River Landing SAP. as depicted in attached Exhibit " ". The -Owner ;l'a datc the nit , i b di, t i cit;, The Owner will construct and maintain pedestrian walkways and similar improvements as contemplated by the Covenant attached as Exhibit " ". In addition. the Owner agrees to spend up to $350.000.00 of these sums to enhance the areas surrounding the River Landing Project and within the Health District for certain public improvements authorized and approved by the City (the "Improvements"). A list of proposed Improvements currently under consideration by the City are set forth in Exhibit " ". The City agrees that in lieu of a cash payment to the City for park impact fees that MIAMI 6402677.14 84195/87925 would be due by Owner to the City, the park impact fee contribution will be used towards the construction of the open spaces, green spaces. public facilities and park areas in the Project and on adjacent green space land as contemplated under Exhibit (b)(c) The Project contemplates square feet of floor area considered above base floor area permitted. Pursuant to Section 3.14.4(b) the City hereby finds that the proposed Project will confer a significant net improvement and public benefit upon the publicly accessible spaces, by the addition of the open spaces. green spaces, and public facilities and hereby deems said contribution compliant with any Public Benefit contribution required. Section 3. Amendment. Notwithstanding this Amendment, all terms and conditions of the Development Agreement not in conflict with this Amendment shall remain in full force and effect and biding upon the Parties. Section 4. Counterparts. This First Amendment may be executed in counterparts and by electronic mail, each of which executed counterpart shall constitute the same agreement and shall be deemed an original and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Section 5. Successors and Assigns. All of the terms and conditions of this First Amendment shall apply to benefit and bind the successors and assigns of the respective parties. [Signatures on next page] MIAMI 6402677.14 84195/87925 t off/; NOTICE 1 Completion of.mX review inMicales permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance.. tmeires set fin the City of Miami Code. The applicable cibecision-making hotld y will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Formatted: Font: Bold 1 NOTICE Completion of stiff renew indicates permit application meets nirirnum requirements under Marti gland/or Me CRyofM Miami Code, only This permit mpfeatbn will need to be sofa. for a public Tearing In accordance with timelines set font in the Cityal Miami Code. The applicable decision -making body will review the permit appicatbn at ate public hearing and renukr either recommendation or a final decision. PZ-19-3353 06/28/19 MIAMI 6402677.1:3 84195/87925 IN WITNESS WHERE OF, these presents have been executed this day of , 2019. STATE OF COUNTY OF ) SS R.L. MIAMI LP, a Delaware limited partnership By: By: Its: The foregoing instrument was acknowledged before me this day of , 2019 by of R.L. Miami LP who is ( ) personally known to me or ( ) produced a valid driver's license as identification. Notary Public: Sign Name: Print Name: My Commission Expires: (Notarial Seal) MIAMI 6402677.14 84195/87925 t off/; NOTICE 1 Completion of smX review intlicales permit aptlmCon meets um rerements under Marti 2lantlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to he ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable cihotly hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 Formatted: Left, Right: 0", Space After. 10 pt, Font Alignment: Top, Tab stops: Not at 1" IN WITNESS WHEREOF, these presents have been executed this day of 2019. ATTEST: CITY OF MIAMI, a municipal corporation Todd Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney MIAMI6402677.1:a 84195/87925 BY: Emilio T. Gonzalez, Ph.D., City Manager t off/; NOTICE 1 Completion of smX review indicates permit aptlmCon meets um rerements under Marti 2l antlior Ne C."of MiamiCoegrie, ony Tlis permit application will need to pe ul ledrlM far a public tearing n accordance v. tmeires set forth in the City of Miami Code. The applicable ciecision-making hotly will review the permit appicaton at the p.a. hearing. rents either recommendation or a final decision PZ-19-3353 06/28/19 EXFIIBIT "B" PROPERTY DESCRIPTION Lots 7, 10, 11 and 12 of 'tST. JOHN PARK", according to the Plat thereof, as recorded in Plat Book 5, Page 19, TOGETHER WITH, Tract "A" of "MAHI SHRINE SUBDIVISION", according to the Plat thereof, as recorded in Plat Book 164, Page 16, AND, Tract "A" of "RIVER LANDING", according to the Plat thereof, as recorded in Plat Book 172, Page 5, all of the Public Records of Miami -Dade County. LESS AND EXCEPT: A portion of aforementioned Lot 7 of "ST. JOHN PARK", being more particularly described as follows: BEGIN at the Northwest corner of said Lot 7; then run Southeasterly along the Northeasterly line of said Lot 7 for a distance of 87.86 feet; thence deflecting to the right for an angle of 178° 26' 55" run Northwesterly for a distance of 86.91 feet to the point of intersection with the West line of said Lot 7; thence run Northerly along the West line of said Lot 7 for a distance of 2.55 feet to the POINT OF BEGINNING. 1 MIAMI 6402677.14 84195/87925 NOTICE \ Completion of staff renew indicates permit appllcof meet um rep"C ts remenis under Miami 2Landiar the City of Miami Code, Doty Tvs permit aplkation.lin Htoce sme,. fora p 1. Mating In accordance with timein set forth in the Cityof Miami Code. The applicable decision-m.1g body wilt renew the permit appication at the public hearing and render eithera mecammerMation or a final decision PZ-19-3353 06/28/19 NOTICE Completion of staff reVewinclicates permit applimnm meet minimum reipMari enents under Mimi 21and/ortheGbof Miami Code, only. W o n7. his permitapplicationvinneed b be scheduled br public healing in accarda ce v. Iimelin. set bdt in I. City IN Miami Coble The applicable decision -ma., body wdlmnew tne permit application a[ the public leareg and render emotes recomrren.ton or a r al dedsion. PZ-19-3353 06/28/19 Exhibit "E" IMPROVEMENTS Development of improved bicycle and pedestrian connectivity in the streetscapes between the Project's Riverwalk, University of Miami and the Health District; Development of improved bicycle and pedestrian connectivity in the streetscapes to Spring Gardens. Development improvements to Sewell Park. MIAMI 6402677.13 84195/87925 llhlIIIIIIIIIIII C F 14 20 OR BK 30609 Ft RECORDED H€ARVE ( MI MI DALE This instrument was prepared by: Robert Warren, Real Estate Advisor Regulatory and Economic Resources Department Miami -Dade County 111 N.W. 1st Street, Suite 1200 Miami, Florida 33128 Folio No.: 01-3135-037-0090 (Space reserved for Clerk) �tas NOTICE Carpphm of staff review india. permit application meet Thaernerfs under Miami 21 and/or the City ofMani codeony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches sett. intheety of Miami code The applicable Jason -making bodyvdk review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. PZ-19-3353 06/28/19 DECLARATION OF RESTRICTIONS WHEREAS, Miami -Dade County (the "County") has approved the conveyance to the River Landing Conservation Foundation, Inc. (the 'Foundation"), a Florida not -for -profit corporation, of real property located in the City of Miami, Florida, subject to the execution of this Declaration of Restrictions ("Declaration"), legally described as follows: TRACT 9 OF CIVIC CENTER SECTION ONE, according to the Plat thereof recorded in Plat Book 75, at Page 36, of the Public Records of Miami -Dade County, Florida, including that parcel of land lying North of the Miami River and South and Southwesterly of Southerly right-of-way of NW 11 Street; Less and except the fo l 1 o w i n g : that portion of said TRACT 9 which was transferred by County Deed from the County to the State Road Department of Florida (n/k/a Florida Department of Transportation) on June 28, 1966 as recorded in Official Records Book 5159, Page 320 of the Public Records of Miami -Dade County (the "State Property") and less and except four separate conveyances to the Miami -Dade Expressway Authority, an agency of the State of Florida, its successors and assigns recorded in Official Record Book 29936, Page 1058 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1063 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1068 in the Public Records of Miami -Dade County, and recorded in Official Record Book 29936, Page 1073 in the Public Records of Miami -Dade County. Said conveyance is subject to all easements, dedications and other notations contained in the Plat of Civic Center Section One, according to the plat thereof recorded in Plat Book 75, Page 36 of the Public Records of Miami -Dade County, Florida; and is further subject to the easement granted by Dade County to the Department of Water and Sewer of the City of Miami, dated December 20, 1955 and attached hereto. Said conveyance is subject to the restrictions set forth in the County Deed recorde contemporaneously herewith in the Public Records ofMiami-Dade County. Address: 1280NW 1 lth. Street, Miami, FL 33125 Folio No: 01-3135-037-0090 NOTICE Carpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. ony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. PZ-19-3353 06/28/19 WHEREAS, the Foundation hereby acknowledges and agrees that this Declaration was an inducement and part of the consideration for the County to convey the Property to the Foundation. NOW THEREFORE, in order to assure the County that the representations made by the Foundation will always be abided by, the Foundation, for sufficient consideration, makes the following Declaration covering and running with the Property. The Foundation hereby agrees and stipulates as follows: Permitted Use of the Property. The Property shall solely be used by the Foundation to: construct, maintain, and create pedestrian walkways on the boundary of the Property and to enhance, beautify, landscape and light the walkways along the banks of the Miami River, and to build, create and maintain sea-wall improvements and greenways along the north side of the Miami River (collectively the "Improvements"), all of which shall be for such not for profit use by the public at all times and at no charge, consistent with all governmental regulations and according to the City of Miami Greenway Action Plan for the benefit of the public, and for no other use. No for -profit use shall be made of the Property. Notwithstanding the foregoing, incidental shows or fairs may be held on the Property provided that they shall be open to the public and limited to a total duration of thirty (30) total days per year. Construction of the Improvements, with the exception of the seawall as set forth herein, shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property. Solely with respect to the improvements to the seawall, such construction shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property; provided, however, that if the Foundation has applied and paid for all necessary permits, and through no fault or delay of the Foundation, the seawall has not been completed within the three year period, then the timeframe for completion may be extended by the County Mayor or the County Mayor's designee in one year increments for atotal ofthree additional years, to be determined in the sole discretion of the County Mayor. Immediately following its completion, the Improvements shall continuously be maintained solely for the uses set forth in this section. Nothing in this Declaration, however, shall prevent the Foundation from modifying or updating the walkways or seawall to be consistent with any future modifications of the Miami River Greenway Action Plan. The Foundation shall maintain the Improvements along the boundary of the property consistent with all governmental regulations, including, but not limited to, the City of Miami standards for the Miami River and the State of Florida Inland Waterways regulations or standards. 2 NOTICE Carpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. only This permit appleaton vnnneed b be scheduled fora pubic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the permit applicaf bit al the public hearing and renter eA-a a recommendation or a final decision. As a minimum condition of this Declaration, in addition to any additional requirements herein, the Foundation shall construct and create the improvements, and expend the fun same, as set forth in Exhibits A and B, attached hereto and made a part hereof. Suc construction, use, maintenance, and expenditure shall be a required and enforceable condition of this Declaration. PZ-19-3353 06/28/19 County I n s p e c t i o n and Right to Audit. It is hereby agreed that the County, or its duly authorized agents, shall have the right at any time to inspect the Property, or upon reasonable notice, the Foundation's financial and accounting records, maintenance records, or other corporate documents related to the construction or maintenance of the Improvements to determine whether the requirements herein are being fully complied with. Such records shall be made available within fifteen (days) of such request by the County. Covenant Running with the Land. This Declaration shall constitute a covenant running with the land on the Property, and shall be recorded in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the River Landing Conservation Foundation, and its subsidiaries, successors and assigns until such time as the same is modified, amended or released by mutual agreement with, and as evidenced by resolution of Miami -Dade County. The Foundation, its subsidiaries, successors and assigns, agree that acceptance of this Declaration is legally binding upon them, and does not in any way obligate or provide a limitation on the County. Assignment, Lease or Subsequent Conveyance. The Foundation shall not assign, lease, or convey or transfer the Property, in whole or in part, to any person or entity without the prior written consent of Miami -Dade County Board of County Commissioners, which may be withheld in its sole and absolute discretion. Modification, Amendment, Release. This Declaration may not be amended or released without the written consent of Miami -Dade County, in its sole and absolute discretion and pursuant to approval by extraordinary vote (2/3 required). Authorization for Miami -Dade County to Reacquire the Property. In the event that the Improvements are not constructed as set forth herein, including but not limited to expenditure of the funds and/or construction of the improvements set forth in Exhibits A and B hereto within the time frame set forth herein, or the Foundation ceases to exist or changes or loses its status as a not -for -profit organization, or any of the terms of this Declaration are not complied with, the County shall provide thirty (30) days written notice to the Foundation to provide the Foundation an opportunity to cure the default ("Grace Period"). If after expiration of the thirty (30) day Grace Period, the Foundation has not remedied the default, as determined in the County's sole and absolute discretion, then at the option of the County and upon ten (10) days' written notice, the Property shall then immediately revert to the County, along with any and all improvements thereon, without cost or expense to the County. This right shall be in addition to any other remedy that the County may have herein and/or at law or in equity. NOTICE Carpphm of staff review india. permit application meet m,uirererfs under Miami 21 and/or the City ofMani codeonly. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final deo'9on. PZ-19-3353 06/28/19 Election of Remedies. All rights, remedies, and privileges granted herein shall be deem be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising, at will, such other additional rights, remedies, or privileges. Severability. Invalidation of any one of these covenants, by judgment of a court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the County shall be entitled to reacquire the Property predicated upon the invalidated portion of this Declaration as a result of its reversionary interest in the Property. Recording. This Declaration shall be filed on the date the Property is conveyed to the Foundation, with the Declaration filed first and then the Deed for the Property filed immediately thereafter. This Declaration shall become effective immediately upon recordation. Acceptance of Declaration. The Foundation acknowledges that acceptance of this Declaration does not obligate Miami -Dade County in any manner, and does not entitle the Foundation to favorable approval of any application, zoning or otherwise, and that the County retains its full power and authority to any application, in whole or in part. Incorporation of Recitals. The Foundation hereby agrees that the recitals in this Declaration are hereby true and correct, and are incorporated into this Declaration. IN WITNESS WHEREOF, the representatives of the River Landing Conservation Foundation, Inc. have caused this Declaration to be executed by their respective and duly authorized representative on this 1. 1`b'"day of TU G-`1 , 2017, and they intend to be legally bound hereby to all of the terms and conditions of this Declaration. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGES FOLLOW] 4 NOTICE Cerrpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. ony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tine -es set.. intheety of Miami code. The applicable decision -making bodyvill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. River Landing Conservation Foundation, Inc. a Florida not -for -profit corporation C en t nca F\a\O1/4_,f5No By: itness/ Attest: UAL ,kok, ness/Attest: STATE OF floka _ COUNTY OF nA\.14MI bade - Name: Adfiat)fleA.� e-- Ve ""-DTitle: ife SS: PZ-19-3353 06/28/19 The foregoing instr ment was acknowledged before me this30 day of JUit..t, , 2017, by, J ayr w i+,(� I As , Fe a vg. , of the River Landing Conservation Foundation``-rnc.. aFlorida not -for -profit corporation, whose title is jfc-}O.. K .._P ... and s/l eras produced as identification or is peeert y VT iO . (SEAL) CORALEE PENABAD :i MY COMMISSION NFF246234 12.; • = EXPIRES: July 1, 2019 ,• ` Bonded Thru Notary Public Underwriters Natar) Public -State of 7 <On CommissionNumber: 5 i MIAMI-DADE COUN Y, FLORIDA, apolitical subdivisio iofthe State of Florida by its Boar, 4f County Commissioners By: Name: S .131N-10 Title: A I R- LS ATTEST: APPROVED FOR FORM AND LEGAL SUFFICIENCY By: IrGQ•e(A-9/0 Vi/V Name: IlealACtr Title: Assistant County Attorney 6 Cerrpletion of staff review indica. permit apilication meet mitimum recphernents under Miami 21 ancl/or Ole ofMani Code, only. This perrnft a,plicatkon vAll need to be scheduled fora pudic hearing In accordance with tenelines set.. in theety of Miami Code. The applicable decision -making bodpnill review the perrnitapplicatkm al the public hearing and renclereitcra recommendation or a final decision. PZ-19-3353 06/28/19 NOTICE Carpphm of staff review india. permit application meet m,uirererfs under Miami 21 and/or the City ofMani codeonly. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final deo'9on. PZ-19-3353 06/28/19 EXHIBIT "A" Required Use and Construction on the Property by the River Landing Conservation Foundation, Inc.: 1. Creation of scenic and pedestrian walkways along the banks of the Miami River for use by the public. 2. Creation and improvement of the seawall along the boundary of the Property on the banks of the Miami River to prevent erosion of the land and to allow the building of the pedestrian walkways. 3. Enhanced beautification, landscaping and lighting of the boundary of the Property creating pedestrian walkways, greenway and riverwalk along the banks of the Miami River and below the SR 836 highway. 4. Creation of green space along the banks of the Miami River. 5. Construction of the pedestrian walkways, bicycle paths and supporting seawall along the length of the property all in conformity with the applicable zoning rules and regulations and all federal, state, county and municipal regulations, including, but not limited to the Miami Greenway Action Plan of April 2001 including its modifications and amendments according to any City of Miami ordinances and/or resolutions. 6. Construction of the itemized improvements on the Budget Estimate attached as Exhibit 'B" to this Declaration. 7. The Foundation shall spend a minimum of $3,974,223, as per the specifications of Exhibit "B," in site work, construction, utilities and maintenance for the Property. EXHIBIT "B" River Landing County Parcel Alternate 1 MIAMI, FL PREUMINARY BUDGET ESTIMATE A 1:::ao March 12th, 2013 Gross Site Area (SF): 94,00D River Landing County Parcel Alternate 1 Sll'EC 1 DESCRIPTION OF WORK i QNTY 1 UNIT " COST " I TOTAL SITE WORK & UTILITIES General items Surveying, Layout, & As -bunts Sedimentation Control Fence Turbidity Banter Construction Entrance Construction Gales - 20'-0" Truck Wash Station Temporary Construction Fence wl Screen Maintain Temporary Construction Fence Demolition Asphalt removal Concrete curb removal Tree Removal/Clear & grub Remove Light Poles/Foundations Earth Work Strip Topsoil 0'-6" - Haul Otfsite Rough Grade Site Storm Drainage Storm Drainage System Sanitary Sewer Sanitery Sewer System Water Distribution Irrigation service Site Electrical Lighting: Water's Edge Lighting: Overhead Site Improvements Replace existing sidewalk Stamped concrete paving w/ wood element 12" Stabilized subgrade 4" Umerock base Seawall Irpp rovements Temporary sheet piling Igewatedng Utility locates (Diver) Maintenance of Traffic - Existing Roadway as Access Sheet piling, concrete cap, batter piles at new sea wall Limestone boulders lining new sea wall (Miaml-Dade rqmnt) Bond for boulders, material only (Miaml-Dade rqmnt) Site Furnishings Naimoli Benches-Wood/Metal-Oft PlalnwellTrash Receptacles Waytlnding slgnage Metal Ratting Misc. FFE Designer Landscapin4 & Irrigation Landscaping - Large Palms Landscaping - Trees Landscaping- Shrubs/Groundcover Landscaping - Sod Irrigation Subtotal Construction Costs General Conditions & Mark Ups General Conditions Insurance Program Payment & Performance Bond Design Contingency Construction Contingency Construction Managers Fee stimate Total: 1 Is 25,000.00 25,000 2,300 If 6.00 11,500 1,00D P 25.00 25,000 2 ea 5,000.00 10,000 2 ea 1,200.00 2,400 1 ea 4,000.00 4,000 2,300 If 12.50 28,750 310 mh 23.00 7,130 70,000 of 0.17 11,900 1,316 Intl 0.17 224 94,000 of 0.46 42,300 5 ea 367.33 1,837 1,741 cy 10.89 18,957 10,444 sy 1.63 17,024 1 allow 20,000,00 20,000 N/A 1 allow 10,000,00 10,000 100 ea 2,000.00 260,000 30 ea 4,000.00 120,000 12,400 sf 6.00 74,400 26,000 sf 12.00 312,600 2,8B9 sy 4.60 13,001 2,889 sy 7,50 21,667 900 B 360.00 315,000 1 alw 250,000.00 250,000 1 19 16,000,00 16,000 1 Is 10,000.00 10,000 750 If 1,300.00 975,000 760 If 135.00 101,250 750 If 90.00 67,500 12 ea 3,000.00 38,000 15 ea 1,400.00 21,000 3 Is 6,000.00 15,000 800 Intl 76.00 80,000 1 aiw 75,000.00 75,000 26 ea 3,750.00 93,75D 4D ea 2,500.00 100,000 650 ea 65.00 42,250 70,500 sf 0.37 26,085 94,000 sf 0.45 42,300 ^' 1y :N+q:f Ph2t till IY E:SS rake h,7graa Ac.'; (I' R rVl k'9 3,222,223 400,000 40,00n 32,000 0 2% 80,000 5% 200,000 3,974,223 f'kd`syt or �rdniV it �i4 \O Q NOTICE Cerrpphm of staff review indicate, permit application meet m requirements undo. Miami 21 and/or the City ofMani codeonymils permit a,pleaton vnnneed b be scheduled fora public hearing In accordance with timelines sett. intheety of Miami Code The applicable decision -making bodyvill review the perrnitapplicatkm al the public hearing and rendereito, recommendation or a final d 'son. PZ-19-3353 06/28/19 f fil;Uf,9�3 'irk 'CUXiuepfit .0 m Instrument prepared by and returned to: Robert Warren, Real Estate Advisor Miami -Dade County, Regulatory and Economic Resources Department 111 N.W. I Street, Suite 1200 Miami, Florida 33128-1907 Folio No. : 01-3135-037-0090 CFN 20 OR BK 30609 F R:ECORCIE i DEED DOC SURTAX die d�ea`OFF.Y RLD to NOTICE 1 Carpphm of staff review india. permit application meet m regm uireerfs under Miami 21 and/or the City ofMani codeonly This permit a,pleaton vnnneed b be scheduled fora public hearing In accordance with tenches sett. intheety of Miami code The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. ----- {SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA) ------- ------------ PZ-19-3353 06/28/19 COUNTY DEED THIS COUNTY DEED, made this Ill day of /i.) , 2017, by Miami -Dade County, Florida, a political subdivision of the State of Florida, party of the first part (the "County"), whose address is: Stephen P. Clark Center, 111 N.W. 1st Street, Suite 2460, Miami, Florida 33128, and the River Landing Conservation Foundation, Inc., (the "Foundation") a Florida not - for -profit corporation, party of the second part, whose address is: 283 Catalonia Avenue, Coral Gables, Florida 33134. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars, to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged has granted, bargained and sold, except without the right to convey or assign, to the party of the second part, its successors and assigns forever, the following described lands lying and being in Miami -Dade County, Florida, (the Property"): LEGAL DESCRIPTION TRACT 9 OF CIVIC CENTER SECTION ONE, according to the Plat thereof recorded in Plat Book 75, at Page 36, of the Public Records of Miami -Dade County, Florida, including that parcel of land lying North of the Miami River and South and Southwesterly of Southerly right-of-way ofNW 11 Street; Less and except the following: that portion of said TRACT 9 which was transferred by County Deed from the County to the State Road Department of Florida (n/k/a Florida Department of Transportation) on June 28, 1966 as recorded in Official Records Book 5159, Page 320 of the Public Records of Miami -Dade u NOTICE Carpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. ony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. County (the "State Property") and less and except four separate conveyances to th Miami -Dade Expressway Authority, an agency of the State of Florida, its successors and assigns recorded in Official Record Book 29936, Page 1058 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1063 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1068 in the Public Records of Miami -Dade County, and recorded in Official Record Book 29936, Page 1073 in the Public Records of Miami -Dade County. Said conveyance is subject to all easements, dedications and other notations contained in the Plat of Civic Center Section One, according to the plat thereof recorded in Plat Book 75, Page 36 of the Public Records of Miami -Dade County, Florida; and is further subject to the easement granted by Dade County to the Department of Water and Sewer of the City of Miami, dated December 20, 1955 and attached hereto. Said conveyance is subject to the restrictions set forth in the Declaration of Restrictions recorded on j U (-'( 1 1 a.' f 7 in Official Records Book 3D (a 0 I at Page I LI in the Public Records of Miami -Dade County. Address: 1280NW l lth Street, Miami, FL 33125 (the "Property") Folio No: 01-3135-037-0090 PZ-19-3353 06/28/19 This grant conveys only the interest of the County and its Board of County Commissioners in the Property herein described and shall not be deemed to warrant the title or to represent any statement of facts concerning the same. This grant is made solely for the public not for profit purpose of construction, maintenance and creation of sea wall improvements, pedestrian walkways and green space, enhancement, beautification, landscaping and lighting of the walkways along the banks of the Miami River and greenways along the north side of the Miami River according to the City of Miami Greenway Action Plan for the benefit of all Miami - Dade County residents for the non-profit use of the public, and for no other use and subject to the terms and conditions contained in the Declaration of Restrictions (the "Declaration") executed together with this Deed on --T U L. y Ifin the sole discretion of the County, the Property ceases to be used for these purposes by the Foundation, or the Foundation ceases to exist, or changes or loses its status as a not -for - profit corporation, or if the Foundation violates the terms contained in the Declaration, including but not limited to construction of the improvements or expenditure of funds set forth in Exhibits NOTICE Carpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. ony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tenches setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. A and B of the Declaration, title to the Property shall revert to the County, at the optio County under the terms set forth in the Declaration. In the event of such reverter, the Found shall immediately deed the Property back to the County, and the County shall have the right to immediate possession of the Property, with any and all improvements thereon, at no cost to the County. The effectiveness of the reverter shall take place after final notice is provided by the County, regardless of the deed back to the County by the Foundation. The County retains a reversionary interest in the Property, which right may be exercised by the County in accordance with this Deed or the Declaration. Upon such reversion, the County may file a Notice of Reversion evidencing same in the public records of Miami -Dade County. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGE FOLLOWS] PZ-19-3353 06/28/19 3- T A ( IN WITNESS WHEREOF Miami -Dade County has caused these presents to be ex NOTICE Carpphm of staff review india. permit application meet m rTh s pererfs under Miami 21 and/or the City ofMani code. ony. This permit a,pleaton vnnneed b be scheduled fora pudic hearing In accordance with tnclnes setfo. intheety of Miami code. The applicable Jason -making bodpnill review the perrnitapplicatkm al the public hearing and reMereA-aa recommendation or a final decision. PZ-19-3353 06/28/19 in its name by its Board of County Commissioners acting by the Chairperson or Vice- Chair Person of said Board, the day and year aforesaid. (OFFICIAL SEAL) ATTEST: FLORIDA MIAMI-DADE COUNTY, BY ITS BOARD OF HARVEY RUVIN, CLERK COUNTY CO 1 ! SIONERS By: Deputy Clerk Approved for legal sufficiency: Sit,+.Cou Oh/ fO By: FST' bk- (;(3vo si. C� l2 Mto i\1 The foregoing was authorized by Resolution No.: R-593-15, approved by the Board of County Commissioners of Miami -Dade County, Florida, on the 30th. day of June, 2015. thls cis a,rtrue Copy O da VC Air Conditioning ASP!, AsPhiclt (o) rerr:7 CAL Canal liloinienonce Easement ID) Deed END Found (GPS) GPS Measured Bearing I P Iron Pipe L'egkiDel=er' Monument Line Zi'cit Zord Gook o'ff C=rc'egment PG. Page P.O. Plot Book .arafta Bock Flow Presenter 04 Bench Mark 111111 11 Box EIG&L Manhole F,re Hydrant —G—Cuarkl Rail 1.0 '▪ C'a's Le'veer ▪ OPS Poict -VG Plastic Light Pole gPost Indica,: Wife El R.! reow corod eo, 0 Spot Light i'Ard't'e'rrtV Un' FIRM PLOW INSURANCE F.CrE MAP NIIA311-DADE COUNTY, FLORIDA AM/INCORPORATED AREAS PANELS, OP IOU L2Calk Na. Man ig.1.2.111;::::;g0igglEggA MAP NUMBER 110.00311L MAP REVISED SEPTEMBER112009 i;;;1170 It =VI BOUNDARY / TOPOGRAPHIC SURVEY RIVER LANDINOr LOCATION SKETCH A PORTION OF THE SlN 7, OF SECTION 35. TOWNSHIP 53 SOUTH RANGE 41 EAST CITY ()F MIAMI. MIAMI-DADE COUNTY. FLORIDA. NOT TO SCALE Pfru rE2:,°T:T.VILTA.",g afkgl.gg-- rar,...grnagmar. GRIN IN COMPLIANCE BffH THE " rx& &mr,T7„"t r Sumshl Call 811 or wwwsunsh business days before d located and Check posnrve res,se codes RIIRVFYOR, IMPORT - Total Property Area: X7.15 Acres Tax Folio Numbers: DI -3135-OM-DOM DI -3135- 011- 0050 01-3135-103-0110 - No instruments of record reflecting easements. eight of way. and or owners.. were furnished to Mis surveyor except as shown. - The occurocy obtained by field meosurernent methods ond office colculotions of closed geometric figures meets o. exceeds the Minimum Technical Storzlo.n requirement for Commerciol High/Risk Area (linear. 1 foot in 10.000 feet) as defined in Chapter 5J-17.051. nor. Administrative Code. Zurt:,.7 e11 0 'pell:d netr=r tVIVIdlecctodnn009 rn"arnothnr;rerern't TI1.19 r2:'ttsfa1., si0 e0 0 i. 10. .7190001 :,;',,enf':orc,r2Perer rinrcorg 09 =ntotliOrrxistrona - Fence ownership. if any. was established by visual means only. but legal onnership has not .en determined. - Unless oMerwise not. record ond measur. Onto ore in substontiol ogreement. All &stances and elevations (if ony) shown ore in accord with the United Stolen stondord using feet. ,Tntnit:ndo„1,AhnocIte rn,47 ore opproximote and, unless othermse shown, ore reasonably consistent ndh properly - The Street R.gra-of -Way abutting this property are 20590915 open unless otherwise noted. - This document consists of 120 (2) sheets and sash sheet will not be considered full. valid and complete unless attached to the others. ;Eltrniz, Lern,beglo&fty.= value of 0e1112.351 de. the Mr. of Nn Nor. River Drive. City - No underground installations or improvements hove been locot.. - FEMA INFORMATION: Flood 2one, AE Base Flood Elevation: 9.0 (NGVD 1928) Mop 0911070 12099C03110 do(. Septem.r 11, 2002) - MANI-DADE COUNP, FLOOD CRITERIA: 5 'feet (As per .AMENDED PLAT OF .FLOOD-CRITERLA MAP.. P.D. 120. Pg. 13. NGVD 1929 Dolum) - ZONING INFORMATION: Zoning Classification: T6-2.1-0 (River Lan&ng SAP) ./FGAI OFVRIPTIOD: Lots 7. 10. 11 and 12 of 01. JOHN PARK.. occor&ng to the Plot thereof. as recorded in Plot Book 5. Page 19. TCGETHER MTH, Tract W. of 1.1.A111 SHRINE SUBDIVISION', occor&ng to the Plot thereof, as record. in Plot Book IS, Page te, AND. at .21R1711Zaccog to the Pot tereof. as r.orded n Plat Book 172. Poge 5. all 01 MeZbrd,=1;c.unr LESS AND EXCEPT. A portion of &women... Lot 7 of ST. JOHN PARK.. being more porticulory described no BEGIN at the Northwest corner of said Lot 7: Men run Southeasterly along Me NorMeasterY fine of said Lot 7 tn;= =rat= ,IRVFYI1R'q 1,PTIFrATF. I HEREBY CERTIFY: Mot the properly as shown and defeated hereon woe prep,. under my supervision and that Mere are no above ground encroachments unless otherwise show, also that Mis BOUNDARY SURVEY meets Me Stondord of Practice net forth by the Flori. Boord of Professional Surveyors orwl Mappers in Chapter 51-17 Florida Administrorwe Cod, pursuant to Section 172.027. Florido Statutes. And, Mot th ket hereon ix, true ond correct to the .st of my knowl.ge ond belief. Subject to notes ond notation* shown =.71.C1 AND ORANGE CONSULTING ENGINEERS INC. LF11012 07902019*10 Digitally signed by Arturo A Sosa Date: 2019.04.10 08:2152 -0400' gg; ›- 0 0_ (9 0 0_ iY 0 >- 0 0 E 04 1111111111111111111111.11 DRAWN: A.J. CHECNECt1.1,13. SCALE: AS NOSES DATE: 01-14-2019 1E50. I: 2001 312 Fag MCC 21,,t2h 411551: 1 OF 2 SHEETS Sunshln 811 Call 811 or www.sunshlneoll com two full business days before digging to have utilities located and marked. Ueck pa* response code before yau dg! En 2 BOUNDARY / TOPOGRAPHIC SURVEY RIrVER LPANDItN OE r0 i NOT f+� PART JOHN PARK"8 ss 2• RAs \ e A� �p 53 T f BC �fedc 'fbrJry '� �� NO saAPPotT • 6 AGpq 9K GRAPHIC SCALE 11 ( IN Beer ) 3.0 29 39 P This document consists of too (2) sheets one each sheet sill not be considered lull. valid and complete unless attached to the others. Z 18e1 r A. isl'° urn 411, 072 DRAWN: A.J. CHECKER ,1,13. SCALE: AS NO1ED DATE: 01-14-2019 KW I. 2001 3113 MB MU'' Sleet, HEE, 2 Exhibit "A" Lots 7, 10, 11 and 12 of "ST. JOHN PARK", according to the Plat thereof, as recorded in Plat Book 5, Page 19, TOGETHER WITH, Tract "A" of "MAHI SHRINE SUBDIVISION", according to the Plat thereof, as recorded in Plat Book 164, Page 16, AND, Tract "A" of "RIVER LANDING", according to the Plat thereof, as recorded in Plat Book 172, Page 5, all of the Public Records of Miami -Dade County. LESS AND EXCEPT: A portion of aforementioned Lot 7 of "ST. JOHN PARK", being more particularly described as follows: BEGIN at the Northwest corner of said Lot 7; then run Southeasterly along the Northeasterly line of said Lot 7 for a distance of 87.86 feet; thence deflecting to the right for an angle of 178° 26' 55" run Northwe sterly for a distance of 86.91 feet to the point of intersection with the West line of said Lot 7; thence run Northerly along the West line of said Lot 7 for a distance of 2.55 feet to the POINT OF BEGINNING. ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Andrew B. Hellinger Applicant(s) Name Printed STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 10 day of U r 20 19 by And:-ew B. Hellinger who is a(n) individual/partner/agent/corporation of R.L. Miami LP a(n) individual/partnership/corporation. He/She is 0 personally known to me or ho has produce•_ as identification and who 0 did ❑did not take an oath. (Stamp)II *\ my co ssioN1GG326384 Bonded Thm Notary Public Undeinenos Signature Rev. 04-16 2019 Note: Annual Registration Fee Effective Through 12/31/2019 Print hurni (1) 2019 MAR -7 PM 1 : 13 CITY OF MIAMI LOBBYIST REGISTRATION FORM Lobbyist Name: Avino, Javier F. For Office Check# Use Only: Receipt# (Last Name, First Name, Middle Initial) Business Phone: 305-350-7202 rl Check box if Principal Business Address: 1450 Brickell Avenue, 23rd Flr.,Miami, FL Email Address: javino@bilzin.com (2) Principal Represented: R.L. Miami, L.P. (3) Zip 33131 Business Address: 283 Catalonia Avenue, Suite 100, Coral Gables, FL Zip 33134 Specific issue associated with lobbying (if representing a corporation, partnership or trust, give business address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust). Assistance with Permitting and Entitlements Disclosure of Ownership: H&R Reit (U.S.) Holding Corp., a Delaware corporation (4) Lobbyists shall state the extent of any business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he or she lobbies, or intends to lobby. None Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the City Clerk's Office a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or . u amiliar with the provisions contained in Sections 2-651 through 2-658 of the Miami City Code, as • -nd- s . State of Florida, County of Miami -Dade Sworn to and subscribed before me this 5 day of Q tc.-:A , 30'1 4 fts 14, lets Commbdogie0t; 2 e nri bbyist Signature oota`ry or Deputy Cler Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com Note: Annual Registration Fee Effective Through 12/31/2019 Print l urni 2019 MAR -7 Ppj 1: 13 (1) Lobbyist Name: ,''.. riii��a• For Office Check# Use Only: Receipt# CITY OF MIAMI LOBBYIST REGISTRATION FORM Grimm, Carly (Last Name, First Name, Middle Initial) Business Phone: 305-350-2352 Check box if Principal Business Address: 1450 Brickell Avenue, 23rd FIr.,Miami, FL Email Address: cgrimm©bilzin.com (2) Principal Represented: R.L. Miami, L.P. (3) Zip 33131 Business Address: 283 Catalonia Avenue, Suite 100, Coral Gables, FL Zip 33134 Specific issue associated with lobbying (if representing a corporation, partnership or trust, give business address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust). Assistance with Permitting and Entitlements Disclosure of Ownership: H&R Reit (U.S.) Holding Corp., a Delaware corporation (4) Lobbyists shall state the extent of any business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he or she lobbies, or intends to lobby. None Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the City Clerk's Office a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Sections 2-651 through 2-658 of the Miami City Code, as amended. Lobbyist Signature State of Florida, County of Miami -Dade Sworn to ands bscribed before me this day of 1 C.!.& , Ci`3 . Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Andrew Hellinger who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Andrew Hellinger, 283 Catalonia Avenue, Suite 100, Coral Gables, FL 33134 Further Affiant sayeth not. Applicant(s) Name ted App scant s) Signa STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing insAacknowlecjgeg before me this /B day of V Wir est 20/ '9 , by .t ipu//s who is a(n) individual/partner/agent/corporation of if Mc / /,/Ag/br✓ili-)a(n) individual/partnership/corporation. He/She is4'person ly known to me or 0 who has produced as identification and who 0 did _ 0 did not o,take an oath. (Stamp) • " t CORALEE PENABAD . • • ;,,I MY COMMISSION S GG 326384 ,? EXPIRES: July 1,2023 Bonded Div Notan Pubes Undeiwreers Signature Rev. 10-18 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Address Line 2: Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. y Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No..86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature Sworn to and subscribed before me this / acknowledged before me by �siece1 /140e/ Print Name i '7 et/ At%-ce4n.3 — The foregoing instrument was who has produced /' / i,1441 ti e0 "Ale- did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: day of v."1-4y 20 as identification and/ is aersonaliv.a wn to m: _,'d who Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) V''• .° /97/ //' /• /' Percentage of Ownership ZOO ��" Subject Property Address(es) List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): Owner(s) or Attorney Name Ilr"\ Owner(s) or Attorn STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledge4 before me this fe) day of V v4ty 2O/9 20 , by T€L{% / /4%/-t" f �YIC�i'J who is a(n) individual/partner/agent/corporaWon of a(n) individual/partnership/corporation. He/She is personally known to me or 0 who has produced as identification and oath. Signature (Stamp) Rev.1018 State of Florida Department of State I certify from the records of this office that RL MIAMI L.P. is a Delaware limited partnership authorized to transact business in the State of Florida, qualified on September 14, 2018. The document number of this limited partnership is B 18000000250. I further certify that said limited partnership has paid all fees due this office through December 31, 2019 and that its status is active. I further certify that said limited partnership has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Tenth day of July, 2019 Secretary of State Tracking Number: 1252218731CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication RESOLUTION OF RIVER LANDING DEVELOPMENT, LLC The undersigned, Andrew B. Hellinger, as a Manager of River Landing Development, LLC., a Florida limited liability company (the "Company"), does hereby certify as follows: 1. Resolutions. At a meeting of the members of the Company duly and regularly held, in accordance with the Articles of Organization of the Company (the "Articles") at which a quorum was present (as prescribed by law and the Corporate Documents of the Company, as defined below) and voting throughout, the following resolutions were unanimously adopted. Such resolutions have not been revoked, cancelled, annulled or amended in any manner, and are in full force and effect on the date of this Certificate. 2. Resolutions of the Company. RESOLVED that the Company propose to develop the property more particularly described in the attached Exhibit "A" known as the Mahi Shrine Auditorium. RESOLVED that the Company will submit a Special Area Plan to the City of Miami. FURTHER RESOLVED that Andrew B. Hellinger, as Manager of the Company, is hereby authorized, directed and empowered on behalf of the Company to execute and deliver, in the name of the Company, all documents, agreements, covenants, affidavits, closing statements, applications and such other documents as may be necessary or required in order to consummate the sale, and the Special Area Plan application and is further authorized to perform all of its respective obligations in connection with said documents. FURTHER RESOLVED that the foregoing resolutions have not been modified or rescinded in any respect and is in full force and effect, and that the following person(s) or entities are all of the members of the Company: Andrew B. Hellinger IN WITNESS WHEREOF, this Resolution has been signed by the undersigned, on behalf of the Company, in the capacity so indicated and being duly authorized to do so, on this ILV day of , 2013. Name: Andrew B. Hellinger Title: Manager {Firm Clients/1020/1020-12/00081052.DOC} rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com 1 diana@rdrmiami.com 1 305.498.1614 July 10, 2019 CITY OF MIAMI HEARING BOARDS P 0 BOX 330708 MIAMI, FL 33233-0708 Re: List of property owners within 500 feet of: 1500 NW North River Drive, Miami, FL 33125 Folio: 01-3135-011-0050 Folio: 01-3135-103-0010 Folio: 01-3135-088-0010 Total number of labels: 64 I certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana@rdrmiami.com E-mail 1421 NW N RIVER DR LLC 1465 NW N RIVER DR MIAMI FL 33125-2601 USA 1465 NW N RIVER DR LLG 1465 NW N RIVER DR MIAMI FL 33125-2601 USA 1472 TH LLG 2460 DUNDEE RD 1502 NORTHBROOK IL 60062 USA 1500 LOT LLC 13205 ARCH CREEK TER NORTH MIAMI FL 33181 USA 1504 LOT LLG 13205 ARCH CREEK TER NORTH MIAMI FL 33181 USA 1515 MIAMI RIVER LLC 2020 PONCE DE LEON BLVD#1103 CORAL GABLES FL 33134 USA 1515 MIAMI RIVER LLG 2020 PONCE DELEON BLVD STE 1103 CORAL GABLES FL 33134-4418 USA 1515 MIAMI RIVER LLG 2020 PONCE DE LEON BLVD STE 1103 CORAL GABLES FL 33134-4478 USA 1570 NW 14 ST LLG 2700 SW 8ST MIAM FL 33135 USA 1610 RIVER PLACE CONDOMINIUM ASSOCIATION, INC. C/O ROBERT E BIJUR, PRES 1610 NW NORTH RIVER DR APT 112 MIAM FL 33125 USA ADAM T GETTINGER 1611 NW SOUTH RIVER DR MIAM FL 33125 USA ADVOCATE PROGRAMING 1150 NW 72 AVE#200 MIAM FL 33126 USA ALEXANDER & RITA OTT 1491 NW $ RIVER DR MIAM FL 33125-3645 USA W SOUTH RIVER DR MIAM FL 33125-3645 USA ERIGAN BUSINESS CONTINUITY DOMES ING 2500 NW 39 ST MIAM FL 33142 USA ERIGAN BUSINESS CONTINUITY DOMES INC 2500 NW 39 ST MIAM FL 33.2 USA AMERICAN BUSINESS CONTINUITY DOMES INC 2500 NW 39 57 MIAM FL 33142 USA ERIGAN BUSINESS CONTINUITY DOMES ING 2500 NW 39 ST MIAM FL 33142 USA BAY ER VESTMENTS LLG 411 NW NORTH RIVER DR 33125 USA CARLL L MASZTAL .81 NW N RIVER DR MIAM FL 33125-2601 USA CARL LAURENCE MASZTAL 1481 NW N RIVER DR MIAM FL 33125-2601 USA CARLOS. WERBIN 6,W ROMA 6, PHILIP KREIEZMAR 6,W NAILS 21420 NE23 AVE MIAM FL 33180-1010 USA COINGO INVESTMENT COMP INC 844 SW 1ST ST MIAM FL 33130 USA COINCO INVESTMENT COMP INC 844 SW 1ST ST MIAM FL 33130 USA L ESTATE HOLDINGS LLG 2700 SW 8 STREET MIAM FL 33135 USA ENIS REALTY LTD 1435 NW13 TER MIAM FL 33125 USA ENIS RLTLTD 10100 CORAL GREEK RD GABLES F -3423 USA ENIS V D 10100 CORAL CREEK RD CORAL GABLES F -.23 USA 440632 MIAM 33144-0632 USA FRBE RAL PO BOX FL GENE RC PARKOD &W BAR&1RA WHITEHILL ALLIGOOD 1603 NW SOUTH tf305 R 33131 USA GRUPO G PARK 145 BNW S LL RIVER R 33125 USA JOAQUIN RO 0I UTO 1645 NW S RIVER DR 33125-2703 USA JOSS RODRIGUEZ SA CONSUELO 1645 NW 5 RIVER. DRIVE 3125-2011 USA PSPEILLER &ALEXANDERJ MICHAELS&ETAL 1501�09 SKIVER 33125-2611 USA �LORI EO 1501 NW S RIVER DR MIAM FL 33125-2701 USA MARCOS. DEL TORO JTRS JACOUELINEFUNDORA JTRS 1665 NW SOUTH RIVER DR 33125 USA DRIGUE RIVER 33125-2601 USA MIAMI-DADE COUNTY GSA RE MANAGEMENT W IST STE2460 33128 USA MIAMI-DADE COUNTY GSA R/E MGMT I I I NW 1 ST STE2460 33128 USA MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY 701 NW 1 CT 167H FLOOR MIAM FL 33136 USA ONIQUE APARTMENT ING 1115 SW 139 AVE MIAM FL 3314-23 USA MONIQUE APARTMENTS INC 1115 SW 139 AVE MIAM FL 33164-277773 USA W /O CONDOMINIUM ASSOCIATION, INC. CJOSE H TORRES, PRES RIVER DR 33125 USA T OAKLEY G SMIIH1475 W 49 STHIALEAH FL 33012 USA OAKLEY G SMITH 1475 W 49 ST 33012 USA OAKLEV G SMI, 1475 W 49 ST HIALEAH FL 33012 USA OAKLEY G SMITH 1475 W 49 ST HIALEAH FL 33012 USA ONE 760 LLC 1200 BRIGKELL AVE STE 1480 MIAM FL 33131 USA PREMIUM 15TH AVENUE LLC 600 BRIGKELL AVE 1527 MIAM FL 33131 USA PREMIUM 15TH AVENUE LLG 600 BRIGKELL AVE 1527 MIAM FL 33131 USA PREMIUM 157H AVENUE LLC 800 BRIGKELL AVE 1527 MIAM FL 33131 USA R G R MANAGEMENT INC 1575 NW 14 ST MIAM FL 33125-2611 USA RIVER & 16TH PROPERTY LLG G/O NELLY NUNEZ PO BOX 961613 MIAM FL 33296 USA RIVER AND 16TH PROPERTY LLC 11000 BRIGKELL AVE 400 MIAM FL 33131 USA RIVER LAND CONSERVATION FOUNDATION ING 283 CATALONIA AVE CORAL GABLES FL 33134 USA RIVER LANDING DEVELOPMENT LLG 283 CATALONIA AVE SUITE 100 MIAM FL 33134 USA RIVER DING DEVELOPMENT LLC 283 CATALONIA AVE SUITE 100 MIAM FL 33134 USA RIVER LANDING DEVELOPMENT LLG 283 CATALONIA AVE SUITE 100 MIAM FL 33134 USA RIVER LANDING DEVELOPMENT LLG 283 CATALONIA AVE SUTE 100 MIAM FL 33134 USA SKL INVESTMENTS LLG 8,E GREEN DOVER DE 19901 USA SKL VESTMENTS LLG 8THE GREEN DOVER DE 19901 USA TEOUESTA KNOLL LLC 110130 ST NW STE 400 WASHINGTON DC 20007 USA HE SLATE GROUP LLC 8360 WEST PLACER ST 204 MIAMI FL 33144 USA TIITF/ HRS-HEALTH SERVICES MIAMI REGIONAL HEALTH LAB 3900 COMMONWEALTH BLVD TALLAHASSEE FL 32399 USA 0110240 31350110350 0110340 131350110330 0131350160070 1350160060 0160040 01 0300 0790001 01 160081 0131350110060 0131350140010 0131350160010 0131350130030 0131040 350130 020 131350130010 0110280 0131350110250 0131350110230 0131350110140 0131350110130 0131350110090 0131350110310 0131350110200 0131350110220 0131350110210 0131350110040 0131350160080 0131350110170 0131350150020 0131350160085 0131350320330 0131350160020 0131350160083 0131350110260 0131350370010 0131350370080 0131350210160 31350110190 0131350110360 0131350810001 0131350130060 0131350130050 0131350130070 0131350110290 0131350160082 0131350100400 0131350100411 1313501000410 0320 0131350110020 0131350110010 0131350370090 0131350120010 01313511030010 0131350110050 0131350880010 0131350110160 0131350110150 0131350320340 01313501600. 0131351000010 0110270 ST JOHN PARK PB 5-19 LOT 426, E10FTOE LOT 41 0131350110240 ST JOHN PARK PB 5-19 E40FT OF L0,386, W20FT LOT-39 0131350110350 ST JOHN PARK PB 5-19 BEG AT NW COR OF LOT 55, E 138.5, S38, SW164.5E7 N126.83FTT0 PDS 0131350110340 ST JOHN PARK PB 5-19 LOT 54 0131350110330 ST JOHN PARK PB 5-19 LOT 53 0131350160070 GROVE PARK PB 5-66 LOT BLKI 0131350160060 GROVE PARK PB5-66 LOT] BLK1 0131350160040 GROVE PARK PB 5-66 LOTS 4 THRU 6 BLK I LESS PORT OF LOT 4 BEG SE COR OF L074 TH N OO OEG W 112.49,N 71 DEGW 0.35E7 500 DEG E 112.50E7513 OEG E 0.35FT70 POB 0131350110300 ST JOHN PARK PB 5-19 LOT 50 73R 48951 0131350790001 1610 RIVER PIACE CONDO ST JOHN PARK LOT 5 LESS N3.25FT 0131350160081 35 53 41 GROVE PARK PB 5-66 LOT 2 BLK 2 0131350110060 35 53 41 STJOHN PARK PB 5-19 L0T 15 LESS W 35FT TO CITY & ALL OF LOTS 16 6,17 0131350140010 LAWRENCE GROVE PB 2-55 THAT PORT OF LOT 3 LAWRENCE GROVE PB 2-55 LYG SOE RAJ 0131350160010 OF RAN OF LOT 1 BLK 1 & THAT PORT LYG N OF RAN OF LOT 3 LAW RENCE GROVE PB 2-55 LESS PART PLATTED IN OAK TERR 0131350130030 35 53 41 P G BRANNING SARE-SUB PB 9.35 LOT 4 BLKA 0131350130040 35 53 41 LG BRANNINGS RE SUB 9-35 LOT BLKA 0131350130020 LG BRANNING S RE -SUB PB 9-35 LOT BLKA 0131350130010 LG BRANNING S RE -SUB PB 9-35 LOTS 1&2BLK A 0131350110280 ST JOHN PARK PB 5-19 LOT 43 0131350110250 ST JOHN PARK PB 5-19 E30FT OF LOT 39 & W 30FT LOT-40 0131350110230 ST JOHN PARK PB 5-19 LOT 31& WI OFT L0,38 0131350110140 ST JOHN PARK PB 5-19 LOT 26 0131350110130 35 53 41 STJOHN PARK PB 5-19 E 37.5.0F LOT 23&ALL LOTS24&25 0131350110090 35 53 41 ST JOHN PARK PB 5-19 ELY1,2 OF L0720&ALL LOTS 21226,W 12.5E7 OF LOT 23 0131350110310 ST JOHN PARK PB 5-19 LOTS 51 6, 52 0131350110200 ST JOHN PARK PB 5-19 LOT 34 0131350110220 ST JOHN PARK PB 5-19 BEG NW COR LOT 36 TH E68.04FTSW, ALG ARC OF CURVE 102.92,TH SW35.07, NW1 09,0E7 TO POB 0131350110210 ST JOHN PARK PB 5-19 LOT 35 0131350110040 ST JOHN PARK PB 5-19 LOT 6 LESS BEG NW COR OF LOT-53.52FT SELY66.51FT NELY.98FT SELY33.13ETNE2.55FT NWLY100FT TO POB 0131350160080 GROVE PARK PB 5-66 L001 BLK 2 OR 19747-2268 06 2001 1 COG 25987-23. 09 2007 1 0131350110170 ST JOHN PARK PB 5-19 LOTS 31 6, 32 0131350150020 35 53 41 OAK TERR PB 6-126 LOT 2 LESS PORT LYG IN R/WDESG-BEG 178,85E7N OF SE GOR LOT 2 TH 565DEG W11269, TH NW154.97E7 T N65DEG E78FT TH SE ALG RIVER, 0131350160085 GROVE PARK PB5-66 L0746, WI FT LOT 3 BLK2 0131350320330 SOUTH ALIAPATTAH MANOR PB 16-6 LOT 6 BLK 5 0131350160020 GROVE PARK PB 5-66 LOT52 & 3 LESS THAT S PORT LYG IN RAN BLK 1 & PORT OF LOT 4 BEG SE COR OF LOT 4 TH N 00 DEG W 112.49E7 N 71 DEG W 0.35E7 5 00 DEG E 0131350160083 35 53 41 GROVE PARK PB 5-66 LOT 5 BLK 2 0131350110260 ST JOHN PARK PB 5-19 E20FT LOT-40 & W40FT LOT 41 0131350370010 CIVIC CENTER SEC 1 PB 5-36 TR 1 A/WA PARKING LOT 0131350370080 7 CIVIC CENTER SEG 1 PB 5-36 TRS 2 & 8 LESS BEG AT PT OF X S/L OF NW 12 ST WITH SLY EXT OF E/L OF NW 13 ST E353.46FT TH BY CURVE TO RT AN ARC DIST 39.27FTS ALG 0131350210160 35 53 41 9.26 AG MA. RIVERMONT PB B-95 LOT ]&BLESS ST&LOT1 BLK I&LOTS96,10 LESS ST BLK 4 PER PB 6-126 LESS BEG 178.85FTNLY OF SW COR LOT I BLK I PB 6-126 TH N65 0131350110190 35 53 41 STJOHN PARK PB 5-19 LOT 33 0131350110360 ST JOHN PARK PB 5-19 BEG AT NW COR OF L 55 RUN E138.5 El" FOR PCB, E60FT SW71,1, N38, TO POB DO STJOHN PARK PB 5-19 LOTS 10 19 6, W25FT LOT 20 0131350130060 35 53 41 LG BRANNING RE -SUB PB 9-35 LOT BLKA 0131350130050 LC BRANNING S RE -SUB PB9-35 LOT BLKA 0131350130070 LG BRANNING S RE -SUB PB 9-35 LOTS 8&9BLK A 0131350110290 ST JOHN PARK PB 5-19 LOT 44 0131350160082 GROVE PARK PB 5-66 LOT 3 LESS WIFT BLK2 0131350100400 GRAND VIEW PARK PB 5-58 LOT 18 BLK3 0131350100411 GRAND VIEW PARK PB 5-58 LOT 19 LESS W40FT BLK3 0131350100410 GRAND VIEW PARK PB 5-58 W40, OF LOT 19 BLK3 0131350320320 SOUTH ALAPATTAH MANOR PB 16.6 LOTS 46,5 BLK5 0131350110020 35 53 41 S7 JOHN PARK PBSI9 LOT 4 LESS N3.25FT FOR RAJ 0131350110010 ST JOHN PARK PB 5-19 LOTS 26,3 LESS ST WITH RIP-RGTS LESS RAN 0131350370090 CIVIC CENTER SEG 1 PB 75-36 TR 9 0131350120010 COUNTRY CLUB APARTMENT SUB PB 6-133 LOT 11 LESS PORT LYG IN PB 164.16 0131351030010 RIVER DING PB 1 ]2-005 7-23578 TR A 0131350110050 ST JOHN PARK PB 5-19 LOTS THRU 13ING LESS BEG AT NW COR LOT 7 SELY 87.66E7 NW LY86.9FT N2.55FT TO PCB FOR R/W AND LESS PORT OF LOT 13 LYG IN PB 160-16 6,LESS ALL LOTS 8 6,9 LESS PORT NE SUBDIVISION PB0 164.16 T-22060 TRA 0131350110160 STSHRINE PARK PB 5-19 LOT 30 0131350110150 ST JOHN PARK PB 5-19 LOTS 27 29 ING 0131350320340 SOUTH ALIAPATTAH MANOR PB 1016-6 LOTS 1 THRU 6 & LOTS 15 THRU 20 BLK 6 13135060084 GROVE PARK PB 5-66 LOT BLK2 0131351000010 F D O H SUBDIVISION PB 168-011 T-22925 TR A Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Carly Grimm FL City of Miami Property Search Notice 04/30/2019 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 04/30/2019. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3135-011-0050 Property Address: 1500 NW NORTH RIVER DR Legal Description: ST JOHN PARK PB 5-19 LOTS 7 THRU 13 INC LESS BEG AT NW COR LOT 7 SELY 87.66FT NWLY86.9FT N2.55FT TO POB FOR R/W AND LESS PORT OF LOT 13 LYG IN PB 164-16 & LESS ALL LOTS 8 & 9 LESS PORT CLOSED PER RES.#14-0245 & PORT LYG IN PB 172 PAGE 005 AU FOLIO 01-3135 103-0010 LOT SIZE 151743 SQ FT M/L Amount Payable On: 04/29/2019 to 05/30/2019 7,470.02 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search fmdings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 211d Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Carly Grimm FL 04/30/2019 Folio Number: 01-3135-011-0050 Property Address: 1500 NW NORTH RIVER DR Legal Description: ST JOHN PARK PB 5-19 LOTS 7 THRU 13 INC LESS BEG AT NW COR LOT 7 SELY 87.66FT NWLY86.9FT N2.55FT TO POB FOR R/W AND LESS PORT OF LOT 13 LYG IN PB 164-16 & LESS ALL LOTS 8 & 9 LESS PORT CLOSED PER RES.#14-0245 & PORT LYG IN PB 172 PAGE 005 AU FOLIO 01-3135 103-0010 LOT SIZE 151743 SQ FT M/L Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Carly Grimm FL 04/30/2019 Folio Number: 01-3135-011-0050 Property Address: 1500 NW NORTH RIVER DR Legal Description: ST JOHN PARK PB 5-19 LOTS 7 THRU 13 INC LESS BEG AT NW COR LOT 7 SELY 87.66FT NWLY86.9FT N2.55FT TO POB FOR R/W AND LESS PORT OF LOT 13 LYG IN PB 164-16 & LESS ALL LOTS 8 & 9 LESS PORT CLOSED PER RES.#14-0245 & PORT LYG IN PB 172 PAGE 005 AU FOLIO 01-3135 103-0010 LOT SIZE 151743 SQ FT M/L Invoice Customer No. 2004902 123761 2006064 123761 2003528 123761 2002956 123761 2004659 123761 107427 123761 Property Search Findings - Open Invoices Lien No. Description Amount Due Storm Water Utility 3,783.38 Storm Water Utility 3,571.22 Storm Water Utility 36.41 Storm Water Utility 36.41 Storm Water Utility 30.90 Storm Water Utility 11.70 Sub -Total $ 7,470.02 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3135-011-0050 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Carly Grimm FL City of Miami Property Search Notice 04/29/2019 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 04/29/2019. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: 01-3135-088-0010 1420 NW NORTH RIVER DR# MAHI SHRINE SUBDIVISION PB 164-16 T-22060 TR A LOT SIZE 65606 SF FAU 01-3135-011-0050 & 01-3135-012-0010 Amount Payable On: 04/28/2019 to 04/28/2019 2,187.11 04/29/2019 to 04/30/2019 2,197.52 05/01/2019 to 05/20/2019 2,207.93 05/21/2019 to 05/23/2019 2,208.03 05/24/2019 to 05/28/2019 2,208.14 05/29/2019 to 05/29/2019 2,218.55 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search fmdings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Carly Grimm FL 04/29/2019 Folio Number: 01-3135-088-0010 Property Address: 1420 NW NORTH RIVER DR# Legal Description: MAHI SHRINE SUBDIVISION PB 164-16 T-22060 TR A LOT SIZE 65606 SF FAU 01-3135-011-0050 & 01-3135-012-0010 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Carly Grimm FL 04/29/2019 Folio Number: 01-3135-088-0010 Property Address: 1420 NW NORTH RIVER DR# Legal Description: MAHI SHRINE SUBDIVISION PB 164-16 T-22060 TR A LOT SIZE 65606 SF FAU 01-3135-011-0050 & 01-3135-012-0010 Invoice Customer No. 2004903 123761 2006063 123761 2002955 123761 2003529 123761 Property Search Findings - Open Invoices Lien No. Description Amount Due Storm Water Utility 1,113.97 Storm Water Utility 1,051.51 Storm Water Utility 10.71 Storm Water Utility 10.71 Sub -Total $ 2,186.90 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3135-088-0010 NO OPEN VIOLATIONS FOUND. Page 5 of 5 7/11/2019 https://secure35.ipayment.com/Miami/my/0/print_version.htm?DOUBLESUBMIT_ pv07weOmNXa3WsV20Tzegcvoy2HEvdShgbkMq... Department of Finance Online Payments Receipt Your Reference Number: 2019192002-90 07/11/2019 10:45:56 AM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2019192002-90-1 $4,729.00 TRANS ID: 620246 BUSINESS NAME: COM Fee Payment $1, 500.00 FEE NAME: PUBLIC HEARING - ADVERTISING Fee Payment $2,500.00 FEE NAME: PUBLIC HEARING - NOT COVERED ELSEWHERE REQ. C OMMISSION Fee Payment $9.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Fee Payment $144.00 FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $576.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS TOTAL AMOUNT: $4,729.00 PAYMENT American Express Credit Sale CARD NUMBER: ******** LAST NAME: Hellln er CE20 9192002-90 u $4,729.00 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= pv07weOmNXa3WsV20Tzegcvoy2HEvdShgbkMg1gNOTo%3d 1/1