HomeMy WebLinkAboutSubmittal-Spencer Crowley-Draft Redline Development AgreementThis instrument Prepared by and
after Recording Return To:
T. Spencer Crowley, Esq.
Akerman LLP
98 SE 7th Street, Suite 1100
Miami, FL 33131
Folio Nos: 01-3231-000-0014
01-3231-000-0016
01-3231-000-0010
Reserved for Recording
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI, FLORIDA AND ESJ JI
LEASEHOLD, LLC, REGARDING DEVELOPMENT
OF THE JUNGLE ISLAND PROJECT
THIS DEVELOPMENT AGREEMENT is entered this
20 , and effective as of the day of , 20
Leasehold, LLC, a Florida limited liability company ("ESJ"), and
FLORIDA, a municipal corporation and a political subdivision of the
(ESJ and the City together referred to as the "Parties").
WITNESSETH:
day of
, by and between ESJ JI
the CITY OF MIAMI,
State of Florida ("City")
WHEREAS, the City holds fee simple title to approximately 18.61 acres of upland
waterfront property and submerged lands in and around Watson Island in Biscayne Bay, located
on the northeast of the MacArthur Causeway, and generally bounded by Biscayne Bay on the
north and the Parrot Jungle Trail service road on the east and south, as more particularly
described on Exhibit "A" attached hereto and incorporated herein ("Property"); and
WHEREAS, following City voter approval in a public referendum that occurred in 1995,
on September 2, 1997, pursuant to City Commission Resolution R-96-0671, the City and Parrot
Jungle and Gardens, Inc. ("Prior Lessee") entered into a Lease and Development Agreement that
authorized Prior Lessee to develop and operate a botanical gardens and theme park known as
Parrot Jungle & Gardens of Watson Island on the Property ("Lease") and said Lease has been
amended several times, most recently on March 6, 2019 (the "Fifth Amendment"); and
WHEREAS, on April 14, 1998, pursuant to City Commission Resolution R-98-0376,
the City Commission approved a Major Use Special Permit (MUSP) for development of the
Parrot Jungle botanical gardens and theme park contemplated in the Lease, including 172,444
square feet of visitor attraction spaces with accessory commercial spaces and 588 parking
spaces, which was later modified on November 16, 2000, pursuant to City Commission
Resolution R-00-1032, to reconfigure the location of the ballroom facilities and other site
improvements (collectively, "Jungle Island"); and
Page 1 of 2525
50075929;S
50075929;II
636 4 Su brni ific l- Srpnce,t Gvvd (ny- Dralf 81244 �N�rirl-o�
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
WHEREAS, on April 4, 2017, pursuant to City Commission Resolution R-16-0567, the
City, Prior Lessee, and ESJ entered into an Assignment and Assumption Agreement and
Termination of Sublease, recorded on April 6, 2017 at Official Records Book 30486, Page 2539
of the Public Records of Miami -Dade County, Florida, wherein the Prior Lessee assigned all of
its right, title, and interest in the Lease, as amended, and in Jungle Island to ESJ; and
WHEREAS, on August 28, 2018, pursuant to City Commission Resolution R-18-0232,
the City held a referendum and voters approved a Charter amendment to waive competitive
bidding and approve a fifth modification to the Lease with ESJ, extending the term of the Lease
and allowing ESJ to pursue development of a new hotel and attractions on the Property, with a
maximum one hundred thirty foot (130') height (the "Referendum"); and
WHEREAS, ESJ wishes to redevelop the existing parking garage at the Property
pursuant to the Lease, with (1) a new hotel with up to 300 lodging units, having ancillary retail
and/or restaurant space and meeting room space ("Jungle Island Hotel"), which will enhance and
modernize one of the City's most iconic destination theme parks with, and (2) additional
attractions and modifications in the Jungle Island SAP as defined below and as set forth in
Exhibit C, while preserving the lush tropical botanical gardens at the Jungle Island theme park
("Project")
WHEREAS, the Project will generate additional annual rent payments to the City based
on a percentage of gross revenues from the Jungle Island Hotel, establish a signature pedestrian
staircase connection to the Ichimura-Miami Japanese Gardens, and provide additional public
benefits as set forth in this Agreement and the Lease; and
WHEREAS, the Property has a designation of Public Parks & Recreation on the future
land use map of the Miami Comprehensive Neighborhood Plan ("Comprehensive Plan"), and
the Property has a zoning transect designation of Civic Space on the official Zoning Atlas of the
City ("Miami 21 Atlas"); and
WHEREAS, the City and ESJ are proceeding to amend the underlying zoning
designation on the Miami 21 Atlas for the portion of the Property where the Jungle Island Hotel
will be located from Civic Space to T6-12-0, and the City and ESJ are proceeding to amend the
underlying future land use designation in the Comprehensive Plan for the portion of the Property
where the Jungle Island Hotel will be located from Public Parks & Recreation to Restricted
Commercial; and
WHEREAS, the City and ESJ wish for development of the Project to proceed in a
manner which is consistent with the proposed future land use map designation and the
Comprehensive Plan; and
WHEREAS, a process exists within Ordinance 13114, the Zoning Code of the City of
Miami, Florida, as amended, ("Miami 21") that allows parcels of more than nine (9) abutting
acres to be master planned to allow greater integration of public improvements and infrastructure
(Sec. 7.1.2.8.a.2 of Miami 21), and greater flexibility so as to result in higher or specialized
Page 2 of 2525
50075929;8
50075929; I I
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
quality building and streetscape design, and the result of this master planning process is known
as a "Special Area Plan" or "SAP"; and
WHEREAS, to develop the Project as approved by the Lease, the Fifth Amendment and
the Referendum, ESJ and the City wish to designate the Property as a Special Area Plan under
Miami 21 ("Jungle Island SAP"); and
WHEREAS, Miami 21 requires that development of the Project under the Jungle Island
SAP be governed by a development agreement between ESJ and the City; and
WHEREAS, the City and ESJ wish for development of the Project to proceed
substantially in accordance with the Jungle Island SAP Regulating Plan and Concept Plans
attached hereto as Exhibit "B"; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning; and
WHEREAS, assurance to a developer that it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public
planning process, encourages sound capital improvement planning and financing, assists in
assuring there are adequate capital facilities for development, encourages private participation in
comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the City Commission, pursuant to Ordinance No. adopted on
, 20 , has authorized the City Manager to execute this Agreement upon
the terms and conditions as set forth below; and
NOW THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, the Parties mutually agree and bind themselves
as set forth herein:
Section 1. Consideration. The Parties hereby agree that the consideration and
obligations recited and provided for under this Agreement constitute substantial
benefits to both Parties and thus adequate consideration for this Agreement.
Section 2. Rules of Legal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in the plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
Page 3 of 2525
50075929;g
50075929;11
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
(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
either the City or ESJ, as all Parties are drafters of this Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into the
Agreement; provided, however, that this Agreement shall be deemed to control in the
event of a conflict between the exhibits and this Agreement.
Section 3. Definitions. Capitalized terns which are not specifically defined herein shall
have the meaning given in Miami 21.
"Agreement" means this Development Agreement Between the City of Miami,
Florida and ESJ JI Leasehold, LLC, regarding Development of the Jungle Island
Project.
"City" means the City of Miami, a municipal corporation and a political subdivision
of the State of Florida, and all departments, agencies, and instrumentalities subject to
the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter
163, Florida Statutes (2020), meeting the requirements of Section 163.3177,
Florida Statutes (2020), Section 163.3178, Florida Statutes (2020), and Section
163.3221(2), Florida Statutes (2020), which is in effect as of the Effective
Date.
"Development" means the carrying out of any building activity or mining
operation, 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 163.3164(14), Florida Statutes (2020).
"Effective Date" means , 20 , the date on which this
Agreement is recorded in Miami -Dade County Official Records.
"Existing Zoning" means the zoning designation and regulations of the Jungle
Island SAP, Miami 21, the City Charter, and the Code of the City of Miami,
Florida, as amended ("City Code"), in effect as of the date that the Jungle Island
SAP and this Agreement are adopted by the City Commission, which comprise the
effective land development regulations governing development of the Property as
of the date of recordation of the Agreement.
"Land" means the earth, water, and air above, below, or on the surface and includes
any improvements or structures customarily regarded as land.
Page 4 of 2525
50075929;8
50075929.1 1
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
"Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local, state, or federal government
affecting the development of land.
"Public Facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational,
parks and recreational, streets, parking, and health systems and facilities.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize ESJ to
develop the Project pursuant to the Lease, Referendum and Jungle Island SAP. This Agreement
will establish, as of the Effective Date, the land development regulations which will govern
development of the Project, thereby providing the Parties with additional certainty during the
development process. This Agreement also satisfies Section 3.9.1.f., Miami 21. The allocation
of thoroughfares and civic space types and building area among the building sites are set forth in
the Jungle Island SAP Regulating Plan and Concept Plans, attached as Exhibit "B". The
creation and retention of public benefits are set forth in Section 9 of this Agreement.
Section 5. Intent. ESJ and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Jungle Island SAP, this Agreement, the
Comprehensive Plan and the Florida Local Government Development Agreement Act, Sections
163.3220 - 163.3243, Florida Statutes (2020).
Section 6. Applicability. This Agreement only applies to the Project.
Section 7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall
have a term of thirty (30) years from the Effective Date and shall be recorded in the public
records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may
be extended by mutual consent of the Parties subject to public hearing(s), pursuant to Section
163.3225, Florida Statutes (2020). This Agreement shall become effective on the Effective Date
and shall constitute a covenant running with the land that shall be binding upon, and inure to, the
benefit of the parties, their successors, assigns, heirs, legal representatives, and personal
representatives.
Section 8. Permitted Development, Uses, and Building Intensities.
(a) Jungle Island SAP Designation. The City has designated the Property as the
Jungle Island SAP on the official Zoning Atlas of the City, pursuant to the
applicable procedures in Miami 21. The Jungle Island SAP Regulating Plan and
Concept Plans are attached as Exhibit "B". In approving the Jungle Island SAP,
the City has determined that the uses, intensities and densities of development
permitted thereunder are consistent with the Comprehensive Plan and the Existing
Zoning. The Jungle Island SAP assigns 18.3% (117,750 square feet) of its
aggregated lot area to Civic Space Types, in compliance with Section 3.9.1.e of
Miami 21. As provided for in the SAP Regulating Plan, the civic space diagram
in the SAP Concept Plans may be modified by process of SAP Permit for the
Page 5 of 2525
50075929;8
50075929;II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
purpose of changing the allocation of Civic Space Types, so long as the minimum
required amount of Civic Space Types (5 percent of aggregated SAP lot area) is
provided.
(b) Density, Intensity, Uses, and Building Heights.
(i)
As of the Effective Date and pursuant to the overall density limitations in
the Jungle Island SAP, the density proposed for the Property shall not
exceed 300 lodging units.
(ii) The non-residential Development permitted on the Property includes the
following uses: office, hotel, retail, restaurant, botanical gardens,
recreational activities including theme parks, cultural, educational and
entertainment facilities, attractions, and any other uses permitted by the
Existing Zoning.
(iii) Notwithstanding any provision of the Existing Zoning to the contrary, the
Beachfront Recreation Area, as is described in the SAP Regulating Plan
(inclusive of a chickee hut, food trucks (as defined by Section 31-51 of the
City Code), furniture and moveable fixtures, storage trailer(s), restroom
trailer(s), accessory moveable bar counter(s), disc jockey stand/booth,
towel stand(s), food and alcoholic beverage services, and any other similar
uses, structures, or objects that may be utilized for this attraction), is
permitted by right. Because this attraction is permitted by right under the
terms of the SAP Regulating Plan, no part of the Beachfront Recreation
Area shall be subject to Article XIII, Chapter 62 of the City Code.
(iv) As of the Effective Date and pursuant to the Jungle Island SAP, the
maximum height for the Project shall be 130 feet, in accordance with all
relevant definitions in the Existing Zoning.
(v) Nothing herein shall prohibit ESJ from requesting an increase in the
density or intensity of Development permitted on the Property, as long
as such increase in density or intensity is consistent with the
Comprehensive Plan, Existing Zoning, the Jungle Island SAP, and this
Agreement as it exists on the Effective Date.
Section 9. Public Benefits. The following public benefits are being provided in connection
with the Project. As is indicated in the Lease, ESJ is required to:
1) Make repairs to stabilize the riprap portion of seawall, install new perimeter
fence, and engage in beach re -nourishment following hurricane damage;
2) If and only if a master permit for the Jungle Island Hotel is issued and ESJ
commences construction on the hotel, provide $700,000 for the Ichimura-Miami
Japanese Gardens, which includes hard and soft costs of building a connector
from the Jungle Island Hotel to the Japanese Gardens plus annual repairs and
Page 6 of 2-525
50075929;8
50075929;I1
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
maintenance to the Japanese Gardens for 10 years starting from the date of
issuance of the master permit for the hotel;
3) If and only if a master permit for the Jungle Island Hotel is issued and ESJ
executes and delivers the documents required for applicant to obtain funding
from PACE or a similar green energy program, then ESJ shall develop and
green energy educational facility focusing on wind and solar energy at Jungle
Island;
4) Upon approval of the Referendum, pay $100,000 to the City for affordable
housing and contribute annually to the City the sum of $35,000 per year
commencing on January 1, 2021 to the Liberty City Community Revitalization
Trust for the duration of the term of the Lease. The term of the Lease is 70
;
5) Upon issuance of any building permit for the Jungle Island Hotel, ESJ shall pay
an additional $300,000 to the City for affordable housing;
6) Upon issuance of a TCO (or CO if no TCO issued) for the Jungle Island Hotel,
ESJ shall pay an additional $350,000 to the City for affordable housing;
7) Upon approval of the Referendum, pay up to $250,000 to City for purchase of a
trolley on or before January 1, 2020, provided that the trolley has a scheduled
stop at Jungle Island and the City provides applicant with the right to paint or
wrap the trolley with advertising displays (interior and exterior) for marketing
of Jungle Island;
8) Provide free training scholarship at Jungle Island to at least 6 students for a 6
week summer program related to horticulture, tourism, and the environment;
9) Provide 20% discount to City of Miami for any functions held at Jungle Island,
including food and gifts; and
10) Provide discounted tickets to Jungle Island as follows:
a. Schools, $12.00
b. First responders, 50% discount
c. Family of first responders, 15% discount
d. Military, 50% discount
e. Family of active military, 15% discount
f. Veterans, 15% discount
g. Miami -Dade County school teachers, complimentary calendar year
annual pass with school ID
h. Memorial Day, veterans complimentary admission
i. Senior citizens, 15% discount
Page 7 of 2525
50075929;8
50075929;II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Section 10. Financial Obligations. ESJ must remain current on all financial obligations to
the City, including but not limited to all financial obligations under this Agreement, the
Referendum, and the Lease, as may be amended ("Financial Obligations"). Any extension(s)
must be approved by apprevalresolution of the City Commission.
Section 11. Development Schedule. If ESJ does not obtain the Master Building Permit for the
subject hotel by March 6, 2023 and TCO for the subject hotel within six (6) years of obtaining
the Master Building Permit, with any extension(s) due to force majeure being approved by
resolution of the City Commission, then the City may terminate or amend this Agreement after
providing thirty (30) days written notice to ESJ and after two (2) public hearings before the City
Commission.
Section 12. Jungle Island Project Approval.
(a) Future Development Review. Future Development on the Property shall proceed
pursuant to a process established in the Jungle Island SAP Regulating Plan and
Concept Plans and shall be consistent with the Comprehensive Plan, this
Agreement, and the Jungle Island SAP.
(b) Prohibition on Downzoning.
(i)
The Comprehensive Plan, this Agreement, and the Jungle Island SAP shall
govern Development of the Property for the Term 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 (2020) have been made after thirty (30) days written
notice to ESJ and after a public hearing.
(ii) Pursuant to Section 163.3233(3), Florida Statutes (2020), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to ESJ under Florida or Federal law. As a result, ESJ may challenge
any subsequently adopted changes to land development regulations based
on (A) common law principles including, but not limited to, equitable
estoppel and vested rights, or (B) statutory rights which may accrue by
virtue of Chapter 70, Florida Statutes (2020). The City reserves all of its
defenses, immunities, and any claims it may have in response to the right
to challenge changes in the land development regulations.
Section 13. Local Development Permits.
(a) Development of the Property in accordance with the Existing Zoning is
contemplated by ESJ. The Project may require additional permits or approvals
from the City, Miami -Dade County, State of Florida, or Federal goverment and
any divisions thereof. Subject to required legal process and approvals, the City
shall make a good faith effortbest efforts to take all reasonable steps to cooperate
with and aid in faciliting all such approvals. Such approvals include, without
Page 8 of 2525
50075929;8
50075929;1 1
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
limitation, the following approvals and permits and any successor or analogous
approvals and permits:
(i)
Subdivision plat (including public right-of-way vacation/closure), platting
exemption, or waiver of plat approvals;
(ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrictive Covenant
acceptance or the release of existing unities or covenants;
(iii) Building permits;
(iv) Certificates of use;
(v) Certificates of occupancy;
(vi) Stormwater permits;
(vii) Any other official action of the City, Miami -Dade County, or any other
government agency having the effect of permitting Development of the
Project.
(b) In the event that the City substantially modifies its land development
regulations regarding site plan approval procedures, authority to approve any
site plan for a project on the Property shall be vested solely in the City
Manager's designee(s), with the recommendation of the Planning Director and
other departments, as applicable. Any such site plan shall be approved if it
meets the requirements and criteria of the Existing Zoning, the Comprehensive
Plan, and the terms of this Agreement.
Section 14. Local Hiring. ESJ will prioritize hiring from zip codes in the City, and will
work through City Commission offices and CareerSource to help identify qualified applicants
for positions during construction, with a goal of hiring 25% of the workforce from City zip
codes. Qualified City residents will receive first priority for hiring both during and after
construction of the Jungle Island Hotel.
Section 15. Consistency with Comprehensive Plan. The City finds that Development of the
Property in conformity with the Existing Zoning is consistent with the Comprehensive Plan.
As of the Effective Date, ESJ is conducting an extensive analysis of the Public Facilities
available to serve the Project. In the event that the Existing Zoning or the Comprehensive
Plan requires ESJ to provide additional Public Facilities to accommodate the Project, ESJ will
provide such Public Facilities, at ESJ's sole cost and expense. consistent with the timing
requirements of Section 163.3180, Florida Statutes (2020). Developer shall be bound by the
City impact fees and assessments in existence as of the Effective Date of this Agreement.
Section 16. Necessity of Complying with Regulations Relative to Development Permits.
ESJ and the City agree that the failure of this Agreement to address a particular permit,
condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve ESJ
Page 9 of 2525
50075929;8
50075929; I I
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
(c)
of the necessity of complying with the regulation governing said permitting requirements,
conditions, fees, terms, licenses, or restrictions. Additionally, ESJ shall comply with all
applicable laws, ordinances, and regulations including but not limited to the Florida Building
Code and Florida Fire Prevention Code to ensure the safety of the Project and all City
residents and guests.
Section 17. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
Development of the Property in accordance with the Existing Zoning, the
Comprehensive Plan, and this Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of
Development permitted on the Property in a manner consistent with (i) the
Existing Zoning and the Comprehensive Plan, (ii) any zoning change
subsequently requested or initiated by ESJ in accordance with applicable
provisions of law, or (iii) any zoning change subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of
vested rights or equitable estoppel, obtained or held by ESJ or its successors or
assigns to continue Development of the Property in conformity with Existing
Zoning and all Development permits or Development orders granted by the City
concerning this Project.
Section 18. Annual Review.
(a) ESJ shall provide the City on an annual basis a status and annual report of the
Project in order for the City to conduct an annual review of the Development.
The annual report shall contain a section by section description of ESJ's
compliance with its obligations under this Agreement. ESJ must specifically
provide proof that ESJ is current on all Financial Obligations to the City. This
annual report requirement shall commence twelve (12) months after the Effective
Date.
(b) During its annual review, the City may ask for additional information not
provided by ESJ. Any additional information required of ESJ during an annual
review shall be limited to that necessary to determine the extent to which ESJ is
proceeding in good faith to comply with the terms of this Agreement.
If the City finds on the basis of competent substantial evidence that ESJ has not
proceeded in good faith to comply with the terms of the Agreement, the City may
terminate or amend this Agreement after providing thirty (30) days written notice
to ESJ and after two (2) public hearings before the City Commission.
Section 19. Notices.
Page 10 of 3525
50075929;8
50075929;II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
(a) All notices, demands, and requests which may or are required to be given
hereunder shall, except as otherwise expressly provided, be in writing and
delivered by personal service or sent by United States Registered or Certified
Mail, return receipt requested, postage prepaid, or by overnight express delivery,
such as Federal Express, to the Parties at the addresses listed below. Any notice
given pursuant to this Agreement shall be deemed given when received. Any
actions required to be taken hereunder which fall on Saturday, Sunday, or United
States legal holidays shall be deemed to be performed timely when taken on the
succeeding day thereafter which shall not be a Saturday, Sunday, or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With a copy to:
To ESJ: With a copy to:
ESJ JI Leasehold, LLC
Attn: Elie Mimoun
19950 W Country Club Drive
Suite 800
Aventura, FL 33180
City Attorney
Miami Riverside Center
444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33130
Akerman LLP
Attn: Spencer Crowley
Three Brickell City Centre
98 SE 7th Street, Suite 1100
Miami FL 33131
(b) Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining Parties pursuant to the terms and conditions
of this section.
Section 20. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto, that this Agreement shall be governed by the laws
of the State of Florida, and any applicable federal law, both as to interpretation and performance,
and that any action at law, suit in equity, or judicial proceedings for the enforcement of this
Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or
federal courts and venue for any such actions shall lie exclusively in a court of competent
jurisdiction in Miami -Dade County. In addition to any other legal rights, the City and ESJ shall
each have the right to specific performance of this Agreement in court. Each Party shall bear its
own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that
the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent
to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to
said jurisdiction. The Parties irrevocably waive any rights to a jury trial.
Section 21. No Oral Change or Termination. This Agreement and the exhibits and
appendices appended hereto and incorporated herein by reference, if any, constitute the entire
Agreement between the Parties with respect to the subject matter hereof. This Agreement
supersedes any prior agreements or understandings between the Parties with respect to the
subject matter hereof, and no change, modification, or discharge hereof in whole or in part shall
Page 11 of 2525
50075929;g
50075929;11
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
be effective unless such change, modification, or discharge is in writing and signed by the party
against whom enforcement of the change, modification, or discharge is sought and recorded in
the public records of Miami -Dade County, or as otherwise specified in this Agreement. Any
modification requires two (2) public hearings before the City Commission in accordance with
Florida Statutes Section 163.3225 (2020). This Agreement cannot be changed or terminated
orally.
Section 22. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, ESJ and the City shall comply with all
applicable federal, state, and local laws, rules, regulations, codes, ordinances, resolutions,
administrative orders, permits, policies and procedures, and orders that govern or relate to the
respective Parties' obligations and performance under this Agreement, all as they may be
amended from time to time.
Section 23. Representations; Representatives. Each Party represents to the other that this
Agreement has been duly authorized, delivered, and executed by such party and constitutes the
legal, valid, and binding obligation of such Party, enforceable in accordance with its terms.
Section 24. No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the other Party shall be cumulative and in addition
to all other remedies at law or equity arising from such event of default, except where otherwise
expressly provided.
Section 25. Failure to Exercise Rights not a Waiver; Waiver Provisions. The failure by either
Party to promptly exercise any right arising hereunder shall not constitute a waiver of such right
unless otherwise expressly provided herein. No waiver or breach of any provision of this
Agreement shall constitute a waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing.
Section 26. Events of Default.
(a) ESJ shall be in default under this Agreement if ESJ fails to perform or
breaches any term, covenant, or condition of this Agreement which is not
cured within thirty (30) days after receipt of written notice from the City
specifying the nature of such breach; provided, however, that if such breach
cannot reasonably be cured within thirty (30) days, then ESJ shall not be in
default if it commences to cure such breach within said thirty (30) day period
and diligently prosecutes such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform
or breaches any term, covenant, or condition of this Agreement and such
failure is not cured within thirty (30) days after receipt of written notice from
ESJ 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.
Page 12 of 2525
50075929;8
50075929;II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
(c)
It shall not be a default under this Agreement if either Party is declared
bankrupt by a court of competent jurisdiction. All rights and obligations in
this Agreement shall survive such bankruptcy of either party. The Parties
hereby forfeit any right to terminate this Agreement upon the bankruptcy of
the other party. This section does not absolve ESJ of any of its obligations
pursuant to the City Code should it declare bankruptcy, including but not
limited to ensuring that all construction sites, buildings, structures, and
excavation sites are safe.
(d) The default of a successor or assignee of any portion of ESJ's rights hereunder
shall not be deemed a breach by ESJ.
Section 27. Remedies Upon Default.
(a) Neither Party may terminate this Agreement upon the default of the other Party,
except as specifically provided in this Agreement, but shall have all of the
remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the applicable grace period, ESJ 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 (unless
specifically provided for in this Agreement). Each Party shall bear its own
attorney's fees in any such action.
Section 28. Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect.
Section 29. Authorization to Withhold Permits and Inspections. In the event that ESJ is not
current on its Financial Obligations to the City and/or is not in compliance with the terms of this
Agreement, including but not limited to ESJ's obligations to make payments, make
improvements, or take or refrain from taking any other action under this Agreement, the City, in
addition to any other remedies available, is authorized to withhold permits and refuse to make
any inspections or grant any approvals.
Section 30. Assignment and Transfer. This Agreement shall be binding on ESJ and its heirs,
successors, and assigns, including the successor to or assignee of any property interest in the
Property ("Property Interest"). ESJ, at its sole discretion, may assign, in whole or in part, this
Agreement or any of its rights and obligations hereunder, or may extend the benefits of this
Agreement, to any holder of a Property Interest without the prior written consent or any other
approval of the City. Any such assignee shall assume all applicable rights and obligations under
this Agreement. ESJ shall provide written notice of any such assignment to the City in
Page 13 of 2-525
50075929;8
50075929;11
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
accordance with the Notices section herein. Any reference to ESJ in this Agreement also applies
to any heir, successor, or assignee of ESJ.
Section 31. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful termination of this
Agreement, the following obligations shall survive such termination and continue in full force
and effect until the expiration of a one (1) year term following the earlier of the effective date of
such termination or the expiration of the Term: (i) the exclusive venue and choice of law
provisions contained herein; (ii) rights of any party arising during or attributable to the period
prior to expiration or earlier termination of this Agreement; and (iii) any other term or provision
herein which expressly indicates either that it survives the termination or expiration hereof or is
or may be applicable or effective beyond the expiration or permitted early termination hereof.
Section 32. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and ESJ and neither ESJ 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
ESJ or its subsidiaries, divisions, or affiliates.
Section 33. Cooperation, Expedited Permitting, and Time is of the Essence.
(a) The Parties agree to cooperate with each other to the full extent practicable
pursuant to the terms and conditions of this Agreement. The Parties agree that
time is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this Agreement. The City shall use its best efforts to expedite the
permitting and approval process in an effort to assist ESJ in achieving its
Development and construction milestones. The City, will accommodate requests
from ESJ's general contractor and subcontractors for review of phased or multiple
permitting packages, such as those for excavation, site work and foundations,
building shell, core, and interiors. In addition, the City Manager will designate an
individual who will have a primary (though not exclusive) duty to serve as the
City's point of contact and liaison with ESJ in order to facilitate expediting the
processing and issuance of all permit and license applications and approvals
across all of the various departments and offices of the City which have the
authority or right to review and approve all applications for such permits and
licenses.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue any permit
to the extent ESJ does not comply with the applicable requirements of the
Existing Zoning, the Comprehensive Plan, this Agreement, applicable building
codes, and any other statute, ordinance, rule, or regulation.
Section 34. Enforcement.
Page 14 of 2-525
50075929;8
50075929;11
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
In the event that ESJ, its successors, or assigns fails to act in accordance with the
terms of the Existing Zoning or this Agreement, the City shall seek enforcement
of said violation upon the Property, or otherwise.
Enforcement of this Agreement shall be by action at law or in equity against any
Parties or person violating, or attempting to violate, any covenants set forth in this
Agreement, including recovering damages.
This enforcement provision shall be in addition to any other remedies available at
law, in equity, or both.
(d) Each party shall bear its own attorneys' fees, expenses, and costs.
Section 35. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its Term except by mutual written agreement of ESJ and the City
(except as expressly provided otherwise herein including at Section 15(c)). Prior to any
amendment or termination of this Agreement during its Term, the City shall hold two (2) public
hearings before the City Commission to consider and deliberate such amendment or termination.
Any amendment or termination shall be recorded in the public records of Miami -Dade County at
ESJ's sole cost and expense.
Section 36. Indemnificationlndemnity. As is set forth in the Lease, ESJ shallagrees to
indemnify, defend, and holdsave harmless the City from and against and from any and all
actions, claims, ,
nature .,,hats ever . st the Cit y relating t , . ut ef, er i i cennectien with, in whole or
in part, this Agreement, the City's processing and approval by or on behalf of any person, firm or
corporation, arising, (other than due to the City's gross or wanton negligence against the
Property) from any work in or about the Property and the leasehold improvements. ESJ also
agrees to indemnify, defend and save the City harmless against and from claims and damages
arising (other than due to the City's gross or wanton negligence), during the tern of the Lease
from a hazardous condition of the leasehold improvements and Property, or arising, other than
due to the City's gross or wanton negligence, from any breach or default on the part of ESJ to be
performed, pursuant to the terms of the Jungle Island SAPLease, or arising from any subsequent
aside, void, or otherwise modify or annulact or negligence of ESJ or any of its agents,
contractors, servants, employees or licensees, or arising, (other than due to the City's gross or
wanton negligence) from any accident, injury or damage cause to any person occurring during
the apprelterm of this Agreement, the processingLease in or approval ofon the Jungle Island
SAP, or any subsequent permit decisionsProperty, and from and against all costs, counsel and
legal fees, expenses, liabilities, any orders, judgments, or decrees which may be entered and from
and against all costs for attorneys' fees, expenses,expense and liabilities incurred in the defense
of suchany claim or in the investigation thereofaction or proceeding brought thereon. In case any
action or proceeding isbe brought against the City by reason of a claim, ESJ, upon notice from
the City, shall, at its expense, resist or defend the action or proceeding by counsel reasonably
satisfactory to the City. If ESJ isbe required to defend any action or proceeding pursuant to this
Section, to which action or proceeding the City is made a party, the City shall also be entitled to
appear, defend, or otherwise take part in the matter involved, at its election, and at the sole
Page 15 of 2525
50075929;8
50075929;II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
expense of ESJ (except ESJ shall not be obligated to pay counsel fees when an insurance carrier
is obligated to and does defend the City), by counsel located within Miami -Dade County of its
own choosing, provided this action by the City does not limit or make void any liability of any
insurer of the City or ESJ in respect to the claim or matter in question and provided that the legal
fees and costs are reasonable. The City retainsforegoing agreements of indemnity are in
additional to and not by way of limitation of any other covenants in the rightLease to make all
decisions with respect to its representations in any legal proceeding, including its inherent
4ightindemnify the City. The foregoing agreements of indemnity by ESJ do not apply to any
claims of damages arising out of the failure of the City to abandenperform acts or sett4e
litigationrender services in its municipal capacity.
Section 37. Successors, Assigns, Heirs, Grantees, and Designees. The rights, covenants and
obligations set forth in this Agreement extend to ESJ, its successor(s), heir(s), grantee(s), and
assign(s).
Section 38. Headings. The section headings contained in this Agreement are for reference
purposes only and shall not affect the meaning or interpretation of this Agreement.
Section 39. No Conflict of Interest. ESJ agrees to comply with Section 2-612 of the City
Code as of the Effective Date, with respect to conflicts of interest.
Section 40. No Third -Party Beneficiary. No persons or entities other than ESJ and the City,
their heirs, permitted successors, and assigns, shall have any rights whatsoever under this
Agreement.
Section 41. Counterparts/Electronic Signature. This Agreement may be executed in two (2)
or more counterparts, each of which shall constitute an original but all of which, when taken
together, shall constitute one and the same agreement. The Parties shall be entitled to sign and
transmit an electronic signature of this Agreement, including facsimile, PDF, or other email
transmission, which signature shall be binding on the party whose name is contained therein.
Section 42. Recording. This Agreement shall be recorded in the Public Records of
Miami -Dade County, Florida by ESJ at ESJ's sole expense and shall inure to the benefit of the
City. Copies of the recorded Agreement shall be provided to the City Manager, Planning
Director, City Clerk, and City Attorney within five (5) days of recording.
Section 43. Status. Upon request from time to time by ESJ, or its successor, assigns, or any
mortgagee of ESJ, its successor, or assign, the City shall deliver to such requesting party a letter
(in recordable form, if requested) stating whether the obligations of ESJ or its successor or assign
under this Agreement are current and in good standing or have been satisfied. In the event ESJ
or its successor or assign is not current in its obligations or such obligations are not satisfied,
said letter shall state the particular manner in which such person's obligations under this
Agreement are not current and in good standing or have not yet been satisfied.
Section 44. Estoppel. Within ninety (9045) days of receipt of written request from ESJ, the
City Manager or his designee, on behalf of the City, shall execute an estoppel certificate or
similar document, in form and substance reasonably acceptable to the City Attorney, affirming
ESJ's compliance with the conditions set forth in the Agreement. Should the City fail to execute
Page 16 of 2525
50075929;8
50075929;I1
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
the requested estoppel certificate within the aforementioned time period, the City's non -response
shall be presumed to indicate ESJ's compliance with the terms of the Agreement.
Section 45. PACE. The City Commission hereby ratifies and consents to (i) the execution of
the PACE Agreement dated by ESJ and the Green Corridor PACE District and (ii) placing
the PACE special assessment on the Property tax bill. The City Commission also hereby
consents to future PACE financing on the Property deemed necessary by ESJ.
NOW, WHEREOF, the City and ESJ have caused this Agreement to be duly executed.
[Signature blocks for City and ESJ on next pages]
Page 17 of 2525
50075929;8
50075929•II
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Signed, witnessed, executed and acknowledged this day of , 20
ATTEST: THE CITY OF MIAMI,
a Florida municipal corporation
Todd Hannon, City Clerk By:
APPROVAL FROM THE PLANNING
DEPARTMENT AS TO CONTENT:
Francisco Garcia, Planning Director
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria Mendez, City Attorney
Page 18 of 2625
50075929;8
50075929:1 1
Arthur Noriega V, City Manager
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Signed, witnessed, executed and acknowledged this day of , 20 .
Witnessed by: ESJ JI LEASEHOLD, LLC,
a Florida limited liability company
Printed:
Printed:
STATE OF
COUNTY OF
) ss:
By:
Name:
Title:
The foregoing instrument was acknowledged before me by [ ] physical presence or [ ]
online notarization this day of , 20 by
the of ESJ JI LEASEHOLD, LLC, a Florida limited liability
company. He/She is personally known to me or presented as identification
and who did not take an oath.
Notary Public, State of
NOTARY SEAL/ STAMP Print Name
Page 19 of 2525
50075929;g
50075929;11
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Exhibit "A"
Legal Descriptions of the Property
PARCEL I:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Commence at a point known as P.T. STATION 25+50 of the official map of location and survey
of a portion of section 8706, designated as a part of State Road A-1-A in Dade County, Florida
as recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point
being the point of tangency of the centerline of the most Northerly curve of general Douglas Mac
Arthur Causeway, running Southeasterly from the Northwesterly comer of Watson Island and
having a radius of 1432.69 feet and a central angle of 62°00'00"; thence run N60°52'45"E, along
the Northeasterly prolongation of the radial line of the above mentioned curve for a distance of
670.74 feet to the POINT OF BEGINNING of the parcel to be described. Said point being also
the POINT OF BEGINNING of lease area 1 Miami Yacht Club; thence S09°52'53"E, along the
Southwesterly line of said lease area 1 and its Southeasterly extension for 857.30 feet; thence
S60°52'45"W, for 223.24 feet to its intersection with a line parallel and 100 feet Northeasterly of
the most Northerly right-of-way line of said Mac Arthur causeway; thence N29°07' 15 "W, parallel
to said right-of-way for 1100.97 feet to a point of tangency; (A) thence along a tangential curve
concave to the southwest having a radius of 800.00 feet, a central angle of 25°16'16" for an arc
distance of 352.85 feet, thence S90°00'00"W for 94.95 feet to its intersection with the northerly
right-of-way line of said Mac Arthur Causeway and a circular curve concave to the Southwest,
said point bears S41°51'52"W from its center; (B) thence along said curve having for its elements
a radius of 1090.64 feet, a central angle of 6°47' 18" for an arc distance of 129.22 feet to a point
of compound curvature; (C) thence along a compound curve concave to the southwest having for
its elements a radius of 1441.25 feet, a central angle of 20°27'49" for an arc distance of 514.75
feet; (D) thence N34°54'16"E for 338.29 feet; thence S55°05'44"E for 726.47 feet to its
intersection with the approximate shoreline of Biscayne Bay; thence continue along said
shoreline for following eight course (1) S88°21'37"E for 63.38 feet; (2) thence S86°09'34"E for
68.47 feet; (3) thence S82°33'21"E for 131.22 feet; (4) thence S72°18'34"E for 82.71 feet; (5)
thence S69°29'02"E for 102.34 feet; (6) thence S67°53'24"E for 82.52 feet; (7) thence
S69°05'26"E for 94.62 feet; (8) thence N80°40'44"E for 48.77 feet to its intersection with the
southwesterly line of said lease area 1; thence S08°07'15"E along said line for 288.12 feet to the
point of beginning and there terminating.
Said lands lying and being on Watson Island, Dade County Florida and containing 810,795
square feet (18.61 acres), more or less.
LESS AND EXCEPT:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Page 20 of 2525
50075929;g
50075929; ] ]
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Commence at a point known as P.T. STATION 25+50 of the official map of location and survey
of a portion of section 8706, designated as a part of State Road A-1-A in Dade County, Florida
as recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point
being the point of tangency of the centerline of the most Northerly curve of general Douglas Mac
Arthur Causeway, running Southeasterly from the Northwesterly corner of Watson Island and
having a radius of 1432.69 feet and a central angle of 62°00'00"; thence N60°52'45"E, along the
Northeasterly prolongation of the radial line of the above mentioned curve for a distance of
130.00 feet to a point on the easterly right-of-way line of said Mac Arthur Causeway as recorded
in Official Records Book 18018, at page 1171 and Official Records Book 18699, at page 1236 of
the Public Record of Dade County Florida; thence N29°07' 15 "W, along said right-of-way line,
256.28 feet to a point of curvature of a curve concave to the southwest; thence northwesterly
along the arc of said curve having a radius of 926.00 feet and a central angle of 25°46'26", a
distance of 416.55 feet; thence N54°53'41"W, 3.51 feet to a point of beginning; thence continue
N54°53'41 "W, 157.45 feet to a point of curvature of a curve concave to the southwest, thence
northwesterly along the arc of said curve having a radius of 1454.25 feet to a central angle of
16°22'32", a distance of 415.64 feet; thence N18°43'47"E, radially to last and next described
curves, a distance of 4.77 feet to a point on a non -tangent curve, concave to the southwest thence
northwesterly along the arc of said curve, having a radius of 1459.02 feet and a central angle of
03°50'38", a distance of 97.89 feet (the preceding six course and distance being coincident with
the easterly and northeasterly right-of-way line of said Mac Arthur Causeway as recorded in
Official Records Book 18018, at Page 1171 and Official Records Book 18699, at Page 1236 of
the Public Record of Dade County); thence S34°54'16"W, 18.80 feet to a point of curvature of a
non -tangent curve concave to the southwest (a radial line to said point bears N14°36'45"E);
thence southeasterly along the arc of said curve, having a radius of 1441.25 and a central angle of
20°27"49", a distance of 514.75 feet to a point of compound curvature of a curve concave to the
southwest; thence southeasterly along the arc of said curve, having a radius of 1090.64 feet and a
central angle of 06°47'18", a distance of 129.22 feet; thence N90°00'00"E, 35.33 feet to the point
of beginning.
TOGETHER WITH THE FOLLOWING LANDS:
PARCEL 2:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Commence at a point known as P.T. Station 25+50 of the origin of location and survey of a
portion of Section 8706, designated as a part of State Road A-1-A, Dade County, Florida as
recorded in Plat Book 56, Page 71 of the Public Records of Miami -Dade County, Florida said
point being the point of tangency of the centerline of the most northerly curve of General
Douglas MacArthur Causeway, running southeasterly from the northwesterly corner of Watson
Island and having a radius of 1432.69 feet and a central angle of 62°00'00"; thence N62°52'45"E,
along the northeasterly prolongation of the radial line of the above mentioned curve for a
distance of 670.74 feet; thence S09°52'53"E, 387.30 feet to the Point of beginning; thence
continue S09°52'53"E, 470.00 feet; thence N60°52'45"E, 30.75 feet; thence N08°45'06"W, 49.29
feet; thence N09°52'53"W, 180.24 feet; thence N13°41'45"W, 134.32 feet; thence N13°41'15"W,
94.07 feet; thence S89°32'37"W, 15.03 feet to the Point of Beginning.
Page 21 of 2525
50075929;8
50075929• I I
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Exhibit "B"
Jungle Island SAP Regulating Plan and Concept Plans
[to be provided]
Page 22 of 2525
50075929;8
50075929;I1
Exhibit "C"
Jungle Island SAP Master Plan
[to be provided]
Page 23 of 2-525
)U7 929;s
50975929_1I
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk
Document comparison by Workshare Compare on Monday, February 22, 2021
8:03:26 PM
Input:
Document 1 ID
iManage://PDC-DMS/Active/50075929/10
Description
#50075929v10<Active> - CITY SECOND READING
VERSION - Jungle Island DA (2-11-21)
Document 2 ID
iManage://PDC-DMS/Active/50075929/11
Description
#50075929v11 <Active> - CITY SECOND READING
VERSION - Jungle Island DA (2-11-21)
Rendering set
Standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
r! ; d-‘2I'cC+( ,-1-1
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions
41
Deletions
31
Moved from
0
Moved to
0
Style changes
0
Format changes
0
Total changes
72
Submitted into the public
record for item(s) PZ.10,
on 02-25-2021, City Clerk