HomeMy WebLinkAboutRedline - Amended and Restated Development Agmt - Final Revisions and Updated Development AgreementSECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA
AND FLACLER HOLDINC CROUP, INC., MONTE CARLO
ASSOCIATES (DEL.) LLC, HALF CIRCLE PROPERTY
(DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC,
OAK PLAZA ASSOCIATES (DEL.) LLC, BEN
NEWTONJUNGLE PLAZA, LLC, SWEET VIRCINIA
ACQUISITIONS,4200 ASSOCIATES LLC, PARADISE
PLAZA ASSOCIATES, LLC, HALF -CIRCLE PROPERTY
(DEL.) LLC, LOVELY RITA ACQUISITIONS, LLC,
DACRA DESICN MOORE (DEL.) LLC, FCAA, LLC,
DACRA DESICN 4141 LLC, PENNY LANE
ACQUISITIONS, LLC, UPTOWN GIRL DEVELOPMENT
LLC, SUN KING, LLC, DACRA DESIGN 4141 LLC, MDDA
MORNING DEW, LLC, AND TINY DANCER
ACQUISITIONS, LLC REGARDING APPROVAL OF THE
MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA PLAN AND RELATED DEVELOPMENT OF
APPROXIMATELY 22.56 ACRES.
THIS AGREEMENT is entered this day of , 201d2021 by and
between, Flagler Holding Group, Inc., a Florida profit corporation, Monte Carlo Associates
(Del.) LLC, Half Circle Property (Del.) LLC, Norwegian Wood Acquisitions, LLC, Oak Plaza
Associates (Del.) LLC, Ben Newton LLC, Sweet Virginia Acquisitions, LLC, Dacra Design
MooreJungle Plaza, LLC, 4200 Associates, LLC, Paradise Plaza Associates, LLC, Half -Circle
Property (Del.) LLC, FCAA, LLC , Dacra Design 111111 LLC, Penny LaneLovely Rita
Acquisitions, LLC, Uptown Girl Development, LLC, Sun King, LLC, Dacra Design 4141 LLC,
MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC, Delaware limited liability
companies (each, individually, "Developer Party," and collectively, the "Developer Parties"), and
the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the
State of Florida ("City") (Developer Parties and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, the Miami Design District (the "District") spans portions of twclvcfifteen
(15) city blocks containing all the properties generally bounded on the east by Biscayne
Boulevard;, south by NE 38h Street west by North Miami Avenuew, and north by NE 40'
Street or properties generally located within the area boundaries of the Miami Design District
area ("SD-8") as designated under former zoning Ordinance 11000; and serviced by three (3)
Miami -Dade Transit routes; and
WHEREAS, the District has recently become an internationally recognized center for
furniture design and a burgeoning home for the arts, high fashion, restaurants, and a center for
creative employment; and
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WHEREAS, the emerging status of the District is consistent with the City's vision to
develop a world class destination for the arts, fashion, and design, and, as such, the City wishes
to encourage redevelopment within the District; and
WHEREAS, a subset of the Developer Parties wish to redevelop some of the subject
properties as a mixed use, pedestrian oriented, urban retail street anchored by high end fashion
brands heretofore unavailable within the City (the "Retail Street Project"); andthe development
of multi -family residential housing in the District will complement existing retail and
restaurants, encourage pedestrian activity, and provide additional housing options in the urban
core proximate to local and regional transportation; and
WHEREAS, the City and Developer Parties wish for development of the subject
properties to proceed in a manner which i consistent with the Miami Comprehensive
Neighborhood Plan ("Comprehensive Plan") and the City's land development regulations; and
WHEREAS, the Developer Parties previously sought, and the City granted, an
amendment to the Future Land Use Map designations within the Comprehensive Plan for
selected properties within the Retail Street Proj ectDistrict from Duplex Residential and /Medium
Density Multifamily Residential to Medium Density Restricted Commercial in order to facilitate
redevelopment within the District; and
WHEREAS, the City, under a process outlined inexists within the Miami 21 Zoning
CodeCity's zoning code ("Miami 21"), known as a "Special Area Plan" or "SAP," which allows
parcels of more than nine (9) abutting acres to be master planned to allow greater integration of
public improvements and infrastructure, and greater flexibility so as to result in higher or
specialized quality building and streetscape design, previously; and
WHEREAS, on July 26, 2012, the City Commission approved the Miami Design District
Retail Street Special Area Plan ("SAP") via the adoption offor a 19.08 acre area in the District
under Ordinance 13334 on July 26th, 2012, ,and the City subsequently amended the SAP via the
adoption of Ordinance 13414 on October 2'I 201324, 2013, to include 12 additional parcels for a
total area of 21.06 acres; and
WHEREAS, Sec. 3.9.17 of Miami 21 requires development within the SAP to occur
pursuant to a Development Agreementrecorded development agreement between the property
owner(s) and the City; and
WHEREAS, on February 19, 2013, certain of the Deve ro the Parties and their
predecessors in interest recorded a Development Agrccmcntmaster development agreement for
the SAP into implement their vision for the District at Official Records Book 28495, Page 558,
of the Public Records of Miami -Dade County, Florida, which was subsequently superseded by an
Amended and Restated Development Agreement for the SAP, recorded on September 18, 2014,
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at Official Records Book 29314, Page 1880, of the Public Records of Miami -Dade County,
Florida (the "RccordcdMaster Development Agreement"); and
WHEREAS, the Developer Parties now hold fee simple title to approximately 21 acres
of property within the District; and
WHEREAS, the Developer Parties and the City have approved certain modifications to
the previously approved SAP requiring certain companion modifications to the Recorded
Agreement; and the lots which now comprise the Miami Design District Retail Street Special
Arca Plan properties arc thoseon March 12, 2015, the City Commission approved an amendment
to the SAP under Ordinance No. 13505 that added properties located at 220 NE 43rd Street to the
SAP, increasing the total area to approximately 22.86 acres, and the City Commission approved
a companion development agreement with 4201 NE 2' Avenue, LLC under Ordinance 13506
for the development of 220 NE 43rd Street pursuant to the SAP, recorded at Official Records
Book 29595, Page 4542, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on April 28, 2016, the City Commission approved an amendment to the
SAP under Ordinance No. 13603 that removed properties located at 53-61 NE 41' Street from
the SAP, decreasing the total area to approximately 22.56 acres, and the City Commission
approved a companion release from the Master Development Agreement under Ordinance No.
13604 that removed 53-61 NE 41" Street from the SAP, as recorded at Official Records Book
30568, Page 918, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on January 24, 2019, the City Commission approved an amendment to the
Master Development Agreement under Ordinance No. 13802 which removed Flagler Holding
Group, Inc. (owners of 4218 NE 2nd Avenue) from the Master Development Agreement, as
recorded at Official Records Book 31455, Page 2650, of the Public Records of Miami -Dade
County, Florida, and the City Commission approved a companion item approving a separate
development agreement with Flagler Holding Group, Inc.; and
WHEREAS, on , 2021, the City Commission approved amendments to
the SAP under Ordinance No. that modified the Regulating Plan and Design Concept
Book for the SAP to facilitate development of multi -family residential housing and office uses in
the District; and
WHEREAS, the Developer Parties also seek to amend the underlying Development
Agreement, to correct the Developer Parties list, as many of the entities have merged, and to
update the SAP Regulating Plan and Concept Plan attached thereto; and
WHEREAS, several of the original Developer Parties: Ben Newton, LLC, Dacra Design
Moore (Del), LLC, FCAA, LLC, Monte Carlo Associates (Del.), LLC; Penny Lane Acquisitions,
LLC, Sweet Virginia Acquisitions, LLC, all merged into Oak Plaza Associates (Del.), LLC, as
reflected in the Certificate of Merger found in Official Record Book 29662, Page 3958 of the
Public Records of Miami -Dade County, Florida; and
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WHEREAS, Oak Plaza Associates (Del.) LLC has conveyed certain parcels of the
subject properties to Jungle Plaza, LLC, 4200 Associates, LLC, and Paradise Plaza Associates,
LLC, respectively, and in connection with such conveyances, has assigned to the respective
grantees its rights under this Agreement with respect to the properties conveyed to such grantee,
and each such grantee has assumed the obligations of Oak Plaza Associates (Del.) LLC under the
underlying Development Agreement with respect to the property conveyed to it, and each such
grantee is a successor Developer Party thereunder; and
WHEREAS, both Flagler Holding Group, Inc. and 4201 NE 2nd Avenue, LLC, executed
separate development agreements with the City, as reflected above, and should be removed from
the Developer Parties list to this application; and
WHEREAS, based on all of the foregoing amendments to the SAP and the Master
Development Agreement made since the SAP was originally approved for the District in 2012,
the fact that several Developer Parties have changed due to successors in interest or mergers,
required updates to the current list of parcels that currently make up the SAP as identified on
page A1.4 and A1.5 of the Miami Design District Retail Street Special Area Plan Design
Concept Book, as amended (hereinafter, the "SAP Property", "SAP Properties", or "SAP Area"
(sketch and legal descriptions of which are attached as Exhibit "A"), and
WHEREAS, this Amended and Restated clarifications to certain terms and conditions,
the Parties seek to amend and restate the Master Development Agreement ("Agreement")
:;atisfics the rcquircmcntin its entirety for a second time, pursuant to the procedures for
modifications set forth in Sec. 3.9 of Miami 21Section 36; and
WHEREAS, the City and Developer Parties wish for development within the District to
proceed substantially in accordance with the Miami Design District Retail Street SAP Regulating
Plan and Design Concept Book, as most recently modified on October 2"l, 2013, by the adoption
ef 2021 under Ordinance No. 1311111, referenced above, both of which are
attached as Exhibit "B" hereto and incorporated herein by reference ("Regulating Plan and
Design Concept Book "); 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 Developer Parties 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; and
WHEREAS, the modifications identified above will ensure the continued vitality of the
District, and provide additional employment opportunities for the neighborhood and region; and
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WHEREAS, the City Commission,pursuant to Ordinance No. 13'115
adopted October 24, 2013 2021 has authorized the City Manager to
execute this Agreementagreement upon substantially similar terms and conditions as set forth
herein below, and the Developer Parties have been duly authorized to execute this
Agreementagreement upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the partieaParties mutually agree and bind themselves as set forth herein,
and effective on the "Effective Date" (defined below), the RecordedMaster Development
Agreement is hereby amended and restated in its entirety for a second time to read as follows:
Scction 1. 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.
Scction 2. Section 2. Rules of Legal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) (a) A defined term has the meaning assigned to it;
(b) (b) Words in the singular include the plural, and words in plural include the singular;
(c) (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 either the City or the Developer Parties, as all parties are drafters of this
Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into
the Agreement; provided however, that this Agreement shall be deemed to control
in the event of a conflict between the attachments and this Agreement.
Scction 3. Section 3. Definitions. Capitalized terms which are not specifically defined herein
shall have the meaning given in Miami 21.
"Agreement" means this Second Amended and Restated Development
Agreement between the City and the Developer Partie5of Miami, Florida and
Norwegian Wood Acquisitions, LLC, Oak Plaza Associates (Del.) LLC, Jungle
Plaza, LLC, 4200 Associates LLC, Paradise Plaza Associates, LLC, Half -Circle
Property (Del.) LLC, Lovely Rita Acquisitions, LLC, Uptown Girl Development
LLC, Sun King, LLC, Dacra Design 4141 LLC, MDDA Morning Dew, LLC, and
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Tiny Dancer Acquisitions, LLC regarding approval of the Miami Design District
Retail Street Special Area Plan and Related Development.
"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 (2013), meeting the requirements of Section 163.3177, Florida
Statutes (2013), Section 163.3178, Florida Statutes (2013) and Section
163.3221(2), Florida Statutes (2013), which iswas in effect ason the date of
recordation of the Effective DateMaster Development Agreement.
Notwithstanding the foregoing, the amendments to the Comprehensive Plan
regarding maximum allowed density for the High Density Multifamily Residential
designation, having an effective date of May 14, 2018, shall apply to
Development pursuant to this Agreement.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Developer Party" means an individual property owner who is a signatory to
this Agreement.
"Developer Parties" means the property owners who are signatories to this
Agreement.
"Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), Florida Statutes (20132019).
"Effective Date" is the date of recordation of this Amended and Restated
Development Agreement.
"Existing Zoning" is (a) Miami 21 Code, April 2012, specifically including the
Miami Design District Retail Street SAP Regulating Plan and Design Concept
Book, and related modifications to the Transect designations of lots within the
SAP Area, and (b) the provisions of the Charter and City of Miami Code of
Ordinances ("Code") which regulate development, specifically including Chapters
10, 13, 22, 22.5, 23, 36, 54, 55 and 62 of the Code, as amended, through the
Effective Datedate of recordation of the Master Development Agreement, which
together comprise the effective land development regulations governing
development of the SAP Area as of the effective date of the Recorded Agreement.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
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"Laws" means all ordinances, resolutions, regulations, comprehensive plans,
land development regulations, and rules adopted by a local 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.
"Property Interest" means any ownership interest in any SAP Property.
"dMaster Development Agreement" means the originalthat certain
Amended and Restated Development Agreement recorded in O.R. Book 28'195,
Pages 558 688 (CFN 2013R01327'19) infor the SAP made by and between the
Parties, recorded on September 18, 2014, at Official Records Book 29314, Page
1880, of the Public Records of Miami -Dade County, Florida on February 19,
2013.
"Retail Developer Party" consists of the parties identified in Exhibit
Developer Party known as Oak Plaza Associates (Del.) LLC, who arc
signatorie5is a signatory to thethis Agreement and will be undertaking the
development of the Retail Street Project.
"Retail Street Project" means that existing and proposed development within
the Design District SAP slated to occurand occurring on properties within the
SAP arca and denoted as properties 2, 3, 'I, 5, 6, 7, 13, 11, 15, 16, 17, 18, 19, 20,
2'I, 25, 26, 27, 35, 36, 37, 38, '12, '13, 'Id, and '15 on sheet A1.5 of the Miami
Design District Retail Street Special Area Plan Design Concept Book.
Sc 4. Section 4. Purpose. The purpose of this Agreement is for the City to authorize
Developer Parties to continue to redevelop the SAP Properties pursuant to the Miami Design
District Retail Street SAP.sThe Master Development Agreement will establish, as of the
Effective Date of this Agrccmcnt,established the land development regulations which willthat
govern the development of the SAP Properties, thereby providing the Parties with additional
certainty during the development process. This Agreement satisfies the requirements of Section
3.9.1 {f—,) of Miami 21.
Scction 5. Section 5. Intent. Developer Parties and the City intend for this Agreement to be
construed and implemented so as to effectuate the purpose of the Miami Design District Retail
Street SAP, this Development Agreement, the Comprehensive Plan, Existing Zoning, and the
Florida Local Government Development Agreement Act, s. 163.3220 - 163.3243, Florida
Statutes (20132019).
Scction 6. Section 6. Applicability. This Agreement only applies to the SAP Properties
identified in Exhibit "A." This Agreement shall amend, restate, replace and supersede the
Master Development Agreement in its entirety, and upon recordation of this Agreement the prior
Master Development Agreement shall be deemed null and void.
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Scction 7. 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 a public hearing, pursuant to s. 163.3225,
Florida Statutes (20132019). 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.
ScSection 8. Permitted Development Uses and Building Intensities.
(a) Miami Design District Retail Street SAP Designation. The City has designated
certain properties as the Miami Design District Retail Street SAP on the official
zoningZoning Atlas of the City, pursuant to the applicable procedures in Miami
21. The Regulating Plan and Design Concept Book are attached as Exhibit "B".
In approving the Miami Design District Retail Street SAP, the City has
determined that the uses, intensities and densities of development permitted
thereunder are consistent with the Comprehensive Plan and the Existing Zoning.
(b) Density, Intensity, Uses and Building Heights.
(1) As of the Effective Date and pursuant to the Miami Design District Retail
Street SAP, the density and intensity proposed for the SAP shall be
consistent with the densities and intensities permitted by the Existing
Zoning. Adjacent and non -adjacent parcels within the SAP Area which
have unutilized density or unutilized FLR, located within the T6 Urban
Core transect zone ("T6 Properties") may transfer such unutilized density
or unutilized FLR ("Remaining Aggregate Density or Remaining
Aggregate FLR") to other T6 Properties within the SAP Area, provided
however that each individual project on those T6 Properties must comply
with the limits imposed by the SAP Regulating Plan and the
Comprehensive Plan. Notwithstanding the forgoing, density and intensity
shall be counted on an aggregate basis for all T6 Properties located within
the SAP; such that the total aggregated density and intensity throughout
the T6 Properties shall not surpass the aggregated as -of -right maximum
(i.e. base) density and intensity permitted in the underlying T6 Properties.
Aggregated density and intensity, as well as the Remaining Aggregate
Density and Remaining Aggregate FLR will be tracked via an aggregated
rights tracking sheet ("Tracking Sheet") and reviewed annually as part of
the Annual Review process as indicated in Section 19.
(2) The non-residential development permitted on the SAP Properties
includes, but is not limited to, the following uses: office, hotel, retail,
auto -related commercial establishments (non -service), entertainment,
educational, and any other uses permitted by the Existing Zoning.
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(3)
Nothing herein shall prohibit the Developer Parties from requesting a
change of zoning, pursuant to Article 7 of Miami 21, to increase the
density or intensity of development permitted by the underlying Transect
designation of that certain property forming part of the Miami Design
District Retail Street SAP by amending the SAP and this Agreement.
(4) In the event the City should amcndamends its Comprehensive Plan to
permit the transfer of densities within a specified area so as to permit
densities in excess of the density limits set forth in a particular Future
Land Use Map category, nothing herein shall prohibit the Developer
Parties from requesting such density transfers within the Miami Design
District Retail Street SAP.
(5)
SAP Properties having an underlying transect designation of T6 Urban
Core are eligible to transfer unutilized density or FLR between
development sites, up to the maximums set forth in the Regulating Plan.
This process is separate and apart from the Public Benefits Program set
forth in Section 3.14 of Miami 21 and Section 3.14 of the Regulating Plan.
(c) Environmental. The City finds that the proposed development will confer a
significant net improvement upon the publicly accessible tree canopy in the area.
The City and Developer Parties agree that Developer Parties will comply with the
intent and requirements of Chapter 17 of the City Code, subject to the
modification set forth herein, by performing tree replacement within the SAP
Area where possible.
(1) Off -site replacement trees. Notwithstanding the requirements of Sec.
17-6.(e) of the City Code, where replacement within the SAP Area is not
physically possible, any Developer Party may enter into an agreement
with the City to perform tree replacement on public property in the
following order of priority: (i) within the District; (ii) within a one (1)
mile radius of the District; or (iii) within any City park. Particular
emphasis shall be paid to replacement along gateway corridors within and
surrounding the District, specifically N. Miami Avenue, N.E. 2" d Avenue,
NE 36th Street, NE 1st Avenue, and Biscayne Boulevard. Further emphasis
shall also be placed on the possible placement of trees within the
boundaries of the following neighboring communities: (i) Buena Vista
Heights; (ii) Buena Vista East; and (iii) Brentwood. The City further
agrees to facilitate the permitting and planting of replacement trees on all
publicly owned property within the aforementioned areas and within City
parks. The Developer Parties further agree to work with the residents and
representatives of the aforementioned communities to identify locations
for and coordinate the placement of said trees. Each Developer Party
undertaking tree replacement off -site for any parcel of land within the SAP
Area shall agree to water, trim, root, prune, brace, or undertake any other
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necessary maintenance as may be required by the Public Works
Department for a period of not greater than thirty (30) days after
installation. Each Developer Party undertaking any off -site tree
replacement further agrees to warrant each such off -site replacement tree
for a period of one (1) year after the date of installation.
(2) SAP Area tree installation, maintenance and guarantee. For all trees
placed within the SAP Area, each Developer Party placing such trees shall
install any needed irrigation and corresponding water meters to support the
growth of trees located within the right-of-way. Each Developer Party
undertaking tree replacement for any parcel of land shall agree to water,
trim, root, prune, brace, or undertake any other necessary maintenance as
may be required for trees located within the SAP Area. Each Developer
Party undertaking any such tree placement within the SAP Area further
agrees to warrant each SAP Area tree for a period of one (1) year after
installation.
(3)
Tree replacement chart. The tree replacement chart below shall be used to
determine whether a Developer Party has satisfied the tree replacement
requirements for any particular parcel of land as set forth in Sec. 17-6.(a)
of the City Code. The chart below shall replace and supersede Chart
17.6.1.1. in the City Code.
Tree Replacement Chart
Total diameter of tree(s) to be
removed (sum of inches at DBH)
Total inches of replacement DBH
required (12' minimum tree height)
2"- 3"
2"
4"- 6"
4"
7"- 12"
8"
13"- 18"
12"
19"- 24"
16"
25"- 30"
20"
31"- 36"
24"
37"- 42"
28"
43"- 48"
32"
49"- 60"
40"
To determine whether the replacement requirements have been satisfied,
calculate the total sum in inches of the diameter of the trees removed. The
size of the replacement trees diameter at breast height (DBH) must equal
the total inches of replacement DBH set forth in the above chart.
Diameter measurement shall be rounded up to the nearest inch. If the sum
of the diameter of trees to be removed exceeds a total of 60 inches, the
additional inches shall be added cumulatively from the top of the chart,
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down to the bottom of the chart, to calculate the number of DBH for
replacement trees.
(4) Tree species. The chart set forth below shall replace and supersede Chart
17.6.2.1. in the City Code. All other requirements set forth in Sec.
17-6.(b) of the City Code shall apply within the SAP Area.
Required total DBH for replacement
trees
Required minimum number of
species
22"-
40"
2
41"-
100"
4
101" or greater
6
(5)
Tree installation. A Developer Party shall install trees opportunistically
within the public right-of-way, subject, at all times, to approval by the
Department of Public Works.
Section 9. Connectivity and Activity within Public Right -of -Way.
(a) Connectivity. A critical element to the success of the Retail Street Project is the
below -grade connectivity within the public right-of-way along N.E. 41st Street.
The proposed below -grade connection will facilitate ease of access, minimize
pedestrian and vehicular conflicts, and reduce the Retail Street Project's traffic
impacts by enhancing internalized traffic circulation, reducing off -site impacts
and expanding parking capacity within the District.
The Retail Developer Rai4yParties recognizes that such connectivity and
commercial usage may require approval of other governmental agencies such as
Miami -Dade County. The City finds and determines that establishing such
connectivity below N.E. 41st Street serves a public purpose, and further agrees to
support the Retail Developer RaftyParties's efforts to obtain any authorization to
establish such proposed below -grade connection where the approval of another
governmental agency may be necessary.
The City further finds that the authorization of such a connection below the public
right-of-way shall in no way diminish access for firefighting apparatus or rescue
and salvage operations; diminish traffic, transportation and circulation; or
adversely impact the advancement of the safety, health, and general welfare
within the City.
Given the public benefits conferred upon the City by the below -grade connection
beneath N.E. 41st Street and across the public right-of-way, the provisions of Sec.
54-186 prohibiting such below -grade encroachment beyond the City's established
base building lines shall not apply to the Miami Design District Retail Street SAP.
(b) Construction of encroachments within the Public Right -of -Way. The City
finds that the encroachments proposed by the Retail Developer RaftyParties do
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not unduly restrict the use of the public right-of-way and are an essential element
in the construction of the vehicular underpass below the same rights -of -way. The
adoption of this Agreement shall serve to satisfy the requirements set forth in Sec.
55-14(b) of the City Code.
Notwithstanding the requirements of Sec. 55-14(c) of the City Code, the City
agrees to waive any and all claims to payment of a user fee in connection with the
construction of the aforementioned encroachments within the public rights -of -way
and the use of the same for both vehicular travel and public parking.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City
Code. In consideration for authorizing the construction of the aforementioned
encroachments, the Retail Developer Parties further covenant5covenant to:
(1) Maintain the below -grade vehicular underpasses and public parking in
accordance with the Florida Building Code and the City Charter and Code.
(2) Provide an insurance policy, in an amount determined by the eityCity's
risk manager, naming the City as an additional insured for public liability
and property damage. The insurance shall remain in effect for as long as
the encroachment(s) exist within the right-of-way. Should the Retail
Developer Parties fail to continuously provide the insurance
coverage, the City shall have the right to secure similar insurance policy in
its name and place a special assessment lien against the owner's abutting
private property for the total cost of the premium.
(3)
The Retail Developer Parties shall hold harmless and indemnify the
City, its officials and employees from any claims for damage or loss to
property and injury to persons of any nature whatsoever arising out of the
use, construction, maintenance or removal of the vehicular underpass and
from and against any claims which may arise out of the granting of
permission for the encroachment or any activity performed under the
terms of this Agreement.
Section 10. Public Facilities. As of the Effective Datedate of recordation of the Master
Development Agreement, the Developer Parties have conducted an extensive analysis of the
Public Facilities available to serve the SAP Area and the Retail Street Project. In the event that
the Existing Zoning and/or the Comprehensive Plan require a Developer Party or the Retail
Developer Party to provide Public Facilities to address any deficiencies in required levels of
service occasioned by future development within the SAP Area or as a result of the development
of the Retail Street Project, such Developer Party or the Retail Developer Party, as appropriate,
shall provide such Public Facilities consistent with the timing requirements of s. 163.3180(2)(a),
(b) and (c), Florida Statutes (20132019), or as otherwise required by Chapter 13 of the City
Code, if applicable. The Developer Parties shall be bound by the City impact fees and
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assessments in existence as of the Effective Datedate of thi5recordation of the Master
Development Agreement.
Scction 11. Section 11. Project Approval.
(a) Future Development Review. Future development within the Miami Design
District Retail Street SAP shall proceed pursuant to the processes and in
accordance with the design requirements set forth in the Regulating Plan and
Design Concept Book, attached as Exhibit "B". The criteria to be used in a
determination regarding whether future development shall be approved is the
proposed development's consistency with the Comprehensive Plan, this
Agreement and the Miami Design District Retail Street SAP.
With regard to SAP Parcels 57-61 as identified on Page A451.4 of the Concept
Book, the Developer Party agrees to meet with representatives of the Buena Vista
Heights Neighborhood Association not less than fifteen (15) days in advance of
submitting any redevelopment site plans for said parcels to the City for
processing.
With regard to SAP Parcel 9 (i.e. Tuttle (South)) as identified on Page A1.4 of the
Concept Book the Developer Party agrees to meet with representatives of the Bay
Point Property Owners and Buena Vista East Historic Neighborhood Association
not less than fifteen (15) days in advance of submitting any redevelopment site
plans for said parcels to the City for processing.
(b) Prohibition on Downzoning.
(1) The Comprehensive Plan, the Existing Zoning, and this Agreement and
shall govern the development of the SAP Properties designated a part
thereof for the duration of the Agreement. The City's laws and policies
adopted after the Effective Datedate of recordation of the Master
Development Agreement may be applied to the SAP only if the
determinations required by s. 163.3233(2), Florida Statutes (20132019)
have been made following a public hearing or as otherwise provided
herein.
(2) Pursuant to s. 163.3233(3), Florida Statutes (20132019), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to Developer Parties under Florida or Federal law. As a result,
Developer Parties 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
(20132019).
Scction 12. Section 12. Alcoholic Beverage Sales. Upon approval of this Agreement, pursuant
to Chapter 4 of the City Code, two (2) Retail Specialty Centers are hereby designated for
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13
properties within the SAP Area. The Miami Design District Retail Street SAP Retail Specialty
Center North ("Retail Specialty Center North") shall consist of all SAP Properties located north
of the mid -line of the right-of-way of NE 40th Street and the Miami Design District Retail Street
SAP Retail Specialty Center South ("Retail Specialty Center South") shall include properties
located south of the mid -line of the right-of-way of NE 40t'' Street.
The maximum number of establishments selling alcoholic bcvcragc5Alcohol Service
Establishments (as defined in Chapter 4 of the City Code) permitted within each Retail
Specialty Center shall not exceed five (5) establishments, inclusive of any such establishments
in existence as of the date of this Agreement, but exclusive of any bona fide, licensed cafes,
restaurants, and other establishments 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-COPXSFS or an equivalent license). The
number of approved establishments may be increased by amendment to this Agreement.
Each establishment selling alcoholic beverage5Alcohol Service Establishment permitted within
the Retail Specialty Center North and the Retail Specialty Center South, exclusive of bona fide,
licensed cafes, restaurants, and other establishments where the sale of alcoholic beverages is
incidental to the principal use of the sale of food, shall be permitted pursuant to the
requirements of the Miami Design District Street Regulating Plan, attached hereto as part of
Exhibit "B", and any applicable provision of Chapter 4 of the City Code not in conflict with the
provisions of this Agreement.
Each of the alcoholic beverage establishmentaAlcohol Service Establishments within both the
Retail Street SAP Retail Specialty Center North and Retail Specialty Center South permitted
pursuant to this Section shall be reserved for the benefit of the Retail Developer Party, unless
otherwise modified by a separate written agreement between the Developer Parties.
Scction 13. Section 13. Valet Parking. The Developer Parties intend to cstablishestablished a
uniform valet system to service the SAP Properties and the District generally. Notwithstanding
the limitations set forth in Sec. 35-305 of the City Code, a maximum of two (2) valet permits
may be issued for the operation of a valet parking ramp on the same side of the block where the
permit applicant is the operator of the uniform valet system.
Section 14. Temporary/Special Events. To the extent governed by the laws and
regulations of the City of Miami, the City Commission hereby finds and agrees that the
following special events constitute ancillary uses of the Retail Street Project: event banners,
farmers' markets, grand openings, holiday sales, outdoor sales, ground breakings, and
neighborhood sales events. For events which the Retail Developer Parties anticipates to
exceed (75%) seventy five percent of the maximum permitted occupancy, inclusive of Open and
Civic Space or (2,100) two thousand one hundred guests, whichever is less, the Retailapplicable
Developer Party, or its designee, shall submit an application for review to the City Neighborhood
Enhancement Team (NET) office servicing the Districtof Miami Office of Film and
Entertainment (or successor department, if applicable) no less than five (5) working days prior to
the date of any such event. The City agrees to complete its review within three (3) working days
of the submittal of the required application to ensure coordination of needed City services and
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avoid possible adverse impacts due to multiple events occurring within the immediate and
surrounding area.
The City Commission further finds that the above -listed activities, which shall not
exceed the maximum permitted occupancy of the Retail Street Project, will not:
(i)
substantially interrupt the safe and orderly movement of other traffic contiguous
to the special event;
(ii) substantially diminish routine police service levels to the entire community;
(iii) unduly interfere with the proper fire and police protection or ambulance service to
areas contiguous to the special event as a result of the concentration of persons
and vehicles;
(iv) interfere with the movement of firefighting apparatus en route to an emergency
call; and
(v) present an unreasonable danger to the health and safety of the public.
Notwithstanding the requirements of Secs. 62-521, and 62-522, the above -stated activities shall
not require the issuance of a City permit.
Section 15. Public Benefits.
(a) Job Creation & Employment Opportunities. Generally, the Developer Parties
shall consult with local and/or 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 SAP Area.
(1) Construction Employment. The Developer Parties shall use best efforts to
work with the City in the following areas:
a. Job Sourcing. The Developer Parties shall require their general
contractor(s) to use best efforts to work with the City's Miami
Works Initiative or similar program to source job opportunities for
both skilled and unskilled laborers seeking employment
opportunities within the construction industry.
b. Community Business Enterprise (CBE) Participation. The
Developer Parties shall require their general contractor(s) to use best
efforts to award a minimum of twenty percent (20%) of the direct
construction contract costs to subcontractors whose firms are
certified by Miami -Dade County as CBEs.
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c. Local Workforce Participation. The Developer Parties shall
require their general contractor(s) to use best efforts to employ a
minimum of twenty percent (20%) of on -site labor from persons
residing within the municipal boundaries of the City of Miami.
(2) Restaurant and Retail Employment. The Developer Parties anticipate that
a significant number of employment opportunities in the culinary and
retail sectors will be generated within the SAP Area. Developer Parties
shall use best efforts to work with Miami Dade College, through its
culinary and retail institutes, or with similar institutions or organizations,
in consultation with the City, to place qualified graduates of such
programs in employment opportunities within the SAP Area.
(3)
Hospitality Employment. The Developer Parties anticipate that a number
of job opportunities in the hospitality sector will be generated within he
SAP Area. The Developer Parties shall use best efforts to work with
Miami Dade College, through its hospitality institute, or with similar
institutions and organizations, in consultation with the City, to place
qualified graduates of the hospitality institute in employment opportunities
within the SAP Area. In addition, the Developer Parties shall use best
efforts to assist the City in identifying employment opportunities within
the hospitality sector outside the SAP Area and place qualified graduates
of the hospitality institute in positions.
(b) Park/Open Space Enhancements. As consideration for certain reductions to
standards set forth in the City's land development regulations, the Developer
Parties hereby agree to undertake the following improvements:
(1) Woodson Mini -Park Enhancement: The City owns and operates an
existing mini -park, located at approximately 699 NE 36t' Street (Folio No.
01-3219-000-0010), consisting of a parcel of land approximately 6,811 sq.
ft. in size and any improvements thereon. In consultation with City
Planning staff and subject to their approval, and that of any other City
department, the Developer Parties hereby agree to design and construct the
proposed improvements (e.g. enhanced landscaping, lighting, fencing, and
similar improvements), etc., to the park at their sole cost and expense
within three (3) years of the effective date of the Recorded
AgreementEffective Date.
(2) Park/Open Space Acquisition: The Developer Parties shall use best
efforts to acquire a parcel of land of not less than 3,500 sq. ft. in size for
park/open space within the SAP Area, the District, or within the
immediate vicinity of the District to offset a deficiency of (20,114 sq. ft.)
twenty thousand square feet of required Open Space. Said parcel of land
shall be dedicated to the City as a public park/open space and improved by
the Developer Parties, which improvements shall be consistent with the
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(3)
design treatment approved by the City for Woodson Mini -Park and
incorporate similar elements (e.g. enhanced landscaping, lighting, fencing,
and similar improvements), etc. The Developer Parties shall complete
such acquisition and improvements within three (3) years of the effective
date of the Recorded AgreementEffective Date.
If such acquisition is not timely completed within period set forth above,
the Developer Parties shall be required to make a contribution to the City's
Public Parks and Open Space Trust Fund in an amount equal to the
required cash contribution contemplated under Sec. 3.14.4-{b-X3-) of
Miami 21 for not less than (20,114 sq. ft.) twenty thousand one hundred
fourteen square feet of Open Space or $217,432.34 within three (3) years
of the aforementioned completion date. The amount of said contribution
shall be apportioned between each Developer Party in accordance with
method set forth in subparagraph (4) below.
Open Space Contribution: The Developer Parties shall strive to provide a
minimum of ten percent (10%) of Open Space, but in no event less than
six and a half percent (6.5%) of Open Space consistent with the
requirements set forth in the Regulating Plan and Concept Book. Should
the Open Space within the SAP Area at the completion of the Retail Street
Project or within five (5) years of the Effective Date of this Agreement,
whichever is earlier, equal less than the aforementioned 10% goal, then
the Developer Parties shall make a cash contribution to the City's Public
Parks and Open Space Trust Fund at the rate of $10.81 per sq. ft., as
contemplated under Sec. 3.14.40-(3 4) o Miami 21, for the square
footage comprising the difference between the 10% Open Space goal and
the minimum requirement of 6.5%. The amount of said contribution shall
not exceed $241,000 for the maximum anticipated deficit of 22,293 sq. ft.
of Open Space and shall be apportioned among the Developer Parties in
accordance with the method set forth in subparagraph (4) below.
(4) Apportionment of the Cost of Woodson Mini -Park Enhancement,
Park/Open Space Acquisition, & Open Space Contribution: The
improvements and park acquisition referred to in subparagraphs (1), (2),
and (3) above are called the "Park Contribution" (collectively, the
"Contributions"). The cost of the Contributions shall be borne by each
Developer Party commensurate with the size of their respective land
holdings or total Lot Area, as defined in the Existing Zoning, in
accordance with the following formula:
[Developer Party Lot Area (sq. ft.) / SAP Total Lot Area (sq. ft.)] * 100 =
Developer Party Percentage Contribution (%).
Unless and to the extent that the Developer Parties otherwise agree by
instrument signed by the Developer Parties and recorded in the Public
Records of Miami -Dade County, Florida: (a) the Park
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Enhancement/Acquisition shall be initiated by the Retail Developer; (b)
each Developer Party shall pay to the Retail Developer its share of such
cost of the Park Enhancement/Acquisition as costs are incurred; (c) Retail
Developer shall from time to time have the right to issue (and record at
Retail Developer's option), certificates indicating the status of any sums
due to it for the Park Contribution. Any such sums not paid to the Retail
Developer within ten (10) days after such payment is due shall bear
interest at the rate of 18% per annum (but not more than the highest rate
permitted by law) and shall constitute a lien on the property within the
SAP that is owned by such Developer Party from whom such payment is
due.
(c) Street Right -of -Way Improvements. In order to foster a uniform aesthetic, the
Developer Parties or Retail Developer Party, where appropriate, agree that any
right-of-way improvements to the northern half of NE 38th Street, all of NE 39th
Street, and the southern half of NE 42nd Street between NE 1st and 2nd Avenues, as
well as right-of-way improvements to NE 1st and 2nd Avenues between NE 38th
and 42nd Streets, shall include the entire length of the block, even when SAP
Properties only make-up a portion of the block. The Retailapplicable Developer
P-aftyParties shall, at a minimum, improve the right-of-way immediately fronting
SAP Properties along NE 40th and 41st Streets. Developer Parties and Retail
Developer Party agree to construct and maintain, at their sole cost and expense,
any non-standard improvements to the rights -of -way as described above. The
above right-of-way improvements have been completed as of the Effective Date.
The Developer Parties further agree to support the City's best efforts to effectuate
the construction of improvements within portions of the right-of-way fronting
non -SAP Properties and which will serve to create a uniform or complementary
design aesthetic within the SAP Area, whether through the adoption of design
guidelines requiring right-of-way enhancements which complement the
non-standard improvements proposed by the Developer Parties, solicitation of an
appropriation from another governmental body to construct such improvements,
or other appropriate action. In the event the City's best efforts fail to procure
either funding for or construction of the desired right-of-way improvements
within three (3) years of the effective date of the Recorded AgreementEffective
Date, the Retailapplicable Developer RaftyParties further agreesagree to design
and construct the improvements within the portions of right-of-way fronting on
non -SAP Properties along NE 40th and 41st Streets.
(d) NE 42°d Street Landscaping Enhancements. As evidenced by the letter of
support dated November of 2011 from the Buena Vista East Historic
Neighborhood Association ("Association"), attached heretoto the Master
Development Agreement as part of Exhibit "D"— the Retail Developer party shall
work collaboratively with the Association on the final design treatment for the
north wall of the building slated for development on north block within the SAP
Area, the preliminary design treatment for which is illustrated on pages A3.4 and
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A3.5 of the Design Concept Book, attached hereto as part of Exhibit "B". The
Retail Developer Party shall present the final design treatment to the Planning
Director for review and approval, following consultation with the Association,
which review shall be evaluated for consistency with the standards set forth in
Art. 4, Table 12. This obligation has been satisfied as of the Effective Date.
(e) Community Engagement. Consistent with the expressed will of the City
Commission, the Retail Developer Party shall not less than on a quarterly basis
meet with the designated representatives of each of the following associations: (i)
Buena Vista Heights Homeowners Association; (ii) Buena Vista East Historic
Neighborhood Association; and (iii) Brentwood Neighborhood Association.
(f) Community Crime Watch Program. The Developer Parties agrees to provide
the Buena Vista Heights Neighborhood Association, Inc. (the "BVH
Association") a one-time grant, in amount requested by the BVH Association and
memorialized in a separate agreement with thosuch Developer Parties, to
underwrite the initial start-up costs and a portion of the recurring operating costs
of a neighborhood crime watch program.
(g)
FEC Right Of Way Improvements. In the event that one or more of the SAP
Properties fronting the Florida East Coast Railway right-of-way ("FEC
Right -of -Way") obtains a building permit for demolition or redevelopment, the
applicable Developer Party(s) that own the development site shall reserve a
minimum of 10 feet ("Greenway Setback") abutting the FEC Right -of -Way for
construction of a greenway ("Greenway"). At the time of building permit for
demolition or redevelopment, if there is no plan for a Greenway in this area, the
Planning Director may release the Developer Party from this obligation.
Additionally, Developer Party(s) retain the right to construct bridge improvements
and train platforms related to the FEC Right -of -Way in and over the Greenway
Setback, so long as these improvements do not affect pedestrian access to the
Greenway.
In the event that a building permit for demolition or redevelopment is obtained as
described above, and there is feasible connectivity to two adjacent portions of the
Greenway connected to a larger Greenway system along the FEC Right -of -Way,
the applicable Developer Party(s) shall construct that portion of the Greenway
Setback abutting the FEC Right -of -Way. Construction of the Greenway within
the reserved area shall be consistent with improvements in similar
publicly -accessible areas throughout the District, including landscaping and other
amenities. Developer Parties reserve the right to utilize the area below the
Greenway Setback for below -grade building infrastructure, improvements, and
other similar uses.
Section 16. Local Development Permits.
(a) The development of the SAP Property in accordance with the Existing Zoning is
contemplated by Developer Parties. Redevelopment of the SAP Property may
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require additional permits or approvals from the City, County, State, or Federal
government and any division thereof. Subject to required legal process 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:
(1) Subdivision plat and/or waiver of plat approvals;
(2) Covenant or Unity of Title acceptance or the release of existing unities or
covenants;
(3)
(4)
(5)
(6)
(7)
Building permits;
Certificates of use and/or occupancy;
Stormwater Permits;
Development of Regional Impact approval, modification or exemption;
and
Any other official action of the City, County, or any other government
agency having the effect of permitting development of the SAP Property.
(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 SAP Properties shall be vested solely in the City Manager, with the
recommendation of the Planning Director. 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 17. Necessity of Complying with Local Regulations Relative to Development
Permits.
The Developer Parties 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 Datodate
of recordation of the Master Development Agreement shall not relieve the Developer Parties of
the necessity of complying with the regulation governing said permitting requirements,
conditions, fees, terms, licenses, or restrictions.
Section 18. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the SAP Property in accordance with the Existing Zoning, the
Comprehensive Plan and the Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of
development permitted in the SAP Area in a manner consistent with (a) the
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Existing Zoning and/or the Comprehensive Plan, (b) any zoning change
subsequently requested or initiated by a Developer Party in accordance with
applicable provisions of law or (c) 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 any Developer Party or its
successors or assigns to continue development of the SAP Property in conformity
with Existing Zoning and all active prior and subsequent development permits or
development orders granted by the City.
Section 19. Annual Review.
(a) The City shall review the development that is subject to this Agreement once
every twelve (12) months, commencing twelve (12) months after the Effective
Date, through the expiration or termination of this Agreement, or approved
development right listed on pg. Al 9 of the Design Concept Book, whichever
occurs first. The City shall begin the review process by giving notice to
Developer Parties, a minimum of thirty (30) days prior to the anniversary date of
the Agreement, of its intention to undertake the annual review of this Agreement.
Copies of such annual review shall be provided to the Developer Parties.
(b) Any information required of a Developer Party during an annual review shall be
limited to that information necessary to determine the extent to which the
Developer Party is proceeding in good faith to comply with the terms of this
Agreement.
(c) efEvery five (5) years, commencing on the first annual review after the
Effective Date, the Retail Developer Party and City Planning Director shall
review the condition of the cross -block pedestrian connections between NE 38'
and 39t'' Streets, as part of the annual review, in order to determine whether the
security needs of the said portion of the Retail Street Project warrant the
continued limitations to on public access to the southern plaza from NE 38t''
Street via the cross -block pedestrian passages. In the event of a dispute between
the Retail Developer Party and the City Planning Director regarding the
reduction/elimination of restrictions to public access, the City Manager, or his or
her designee, shall meet with both parties to discuss the issue and render a
non appealable determination appealable to the City Commission regarding the
same. An appeal of the determination of the City Manager may be filed with the
Hearing Boards Office within thirty (30) calendar days of the City Manager's
issuance of the determination to the Retail Developer Party, in accordance with
the Notice provisions as stated in Section 20.
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(d) If the City finds, on the basis of competent substantial evidence, that a Developer
Party has not proceeded in good faith to comply with the terms of the Agreement,
the City may take action to terminate or amend this Agreement with respect to
paid Developer Party. The City shall provide said Developer Party with written
notice of its intent to terminate or amend the Agreementany defaults. Said notice
shall state the reasons for the termination or amendmentdefault. Upon receipt of
such notice, the Developer Party shall have thirty (30) days to cure the default, or
such longer period of time as may reasonably be required to cure the default if the
default by its nature cannot be cured within thirty (30) days; provided, however,
that the Developer Party commences certain acts within thirty (30) days and
diligently pursues the cure thereafter. Should the Developer Party fail to cure
within the aforementioned period, the City may terminate or amendseek specific
performance of this Agreement as to that Developer Party in accordance with the
requirements of Section 36.
Section 20. Notices.
(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:
With a copy to:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
City Attorney
City of Miami
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Planning & Zoning Director
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
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To Developer Parties:
With copies to:
Ben Newton LLC
Dacra Design 4141 LLC
Dacra Design Moore (Del.), LLC
FCAA, LLC
Half -Circle Property (Del.) LLC
Lovely Rita Acquisitions, LLC
MDDA Morning Dew, LLC
Monte Carlo Associates (Del.) LLC
Norwegian Wood Acquisitions, LLC
Oak Plaza Associates (Del.) LLC
Penny Lane Acquisitions
Jungle Plaza, LLC
4200 Associates, LLC
Paradise Plaza Associates, LLC
Sun King, LLC
Sweet Virginia Acquisitions LLC
Tiny Dancer Acquisitions LLC
Uptown Girl Development LLC
Attn: Craig Robins
3 841 NE 2nd Avenue, Ste. 400
Miami, FL 33137
Flaglcr Holding Group, Inc.
Attn: John Petersen
'1218 NE 213-4 Avenue, 2 Floor
Miami, FL 33137
Akerman LLP
Attn: Neisen O. Kasdin, Esq.
1 SE 3rd Avenue, 25th Floor
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.
(c) Upon the occurrence of any event of default by any Developer Party, as described
in Section 28, or a determination by the City that a Developer Party has not
proceeded in good faith to comply with the terms of this Agreement, as described
in Section 19, the City shall provide written, courtesy notice of said default to
each non -defaulting Developer Party. Said notice shall identify the name of the
defaulting party, the address of the subject property(ies), and specify the default.
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23
Section 21. 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 the County. In addition to any other legal rights, the City and Developer Parties
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 22. Voluntary Compliance. Developer Parties and the City agree that in the event all
or any part of this Agreement is struck down by judicial proceeding or preempted by legislative
action, Developer Parties and the City shall continue to honor the terms and conditions of this
Agreement to the extent allowed by law.
Section 23. 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
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. This Agreement
cannot be changed or terminated orally.
Section 24. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, Developer Parties and City shall comply
with all applicable federal, state or 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 25. Representations; Representatives. Each party represents to the others 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 26. 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 27. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by any
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
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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 28. Events of Default.
(a) An event of default by any one Developer Party shall not constitute an event of
default by all Developer Parties and shall not adversely affect the rights of those
parties in good standing under this Agreement.
(b) A Developer Party shall be in default under this Agreement if Developer Party
fails to perform or breaches any term(s), covenant(s), or condition(s) of this
Agreement, which breach is not cured within thirty (30) days after receipt of
written notice from the City specifying the nature of such breach; provided,
however, that if such breach cannot reasonably be cured within thirty (30) days,
then Developer Party shall not be in default if it commences to cure such breach
within thirty (30) days and diligently prosecutes such cure to completion.
(c) The City shall be in default under this Agreement if the City fails to perform or
breaches any term(s), covenant(s), or condition(s) of this Agreement and such
failure is not cured within thirty (30) days following receipt of written notice from
any Developer Party 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 thirty (30) days
and diligently prosecutes such cure to completion.
(d) It shall not be a default under this Agreement if any party is declared bankrupt by
a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive such bankruptcy of either party. The parties hereby forfeit any right
to terminate this Agreement upon the bankruptcy of the other party.
(e) The default of a successor or assignee of all or any portion of any Developer
Party's rights hereunder shall not be deemed a default by such Developer Party.
Section 29. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other party,
but shall have all of the remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement which is not cured
within the applicable grace period, Developer Parties 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.
Section 30. 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
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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 31. Assignment & Transfer. This Agreement shall be binding upon each Developer
Party and its heirs, successors and assigns, including the successor to any Property Interest. Each
Developer Party, in its sole discretion, may assign, in whole or in part, this Agreement or any of
its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder
of a Property Interest without the prior written consent or any other approval of the City. Notice
of any assignment shall be provided to the City in accordance with the requirements of Section
20. Any such assignee shall in writing in a legal form acceptable to the City Attorney assume all
applicable rights and obligations under this Agreement, and upon such assumption, the assigning
party shall be released from all obligations assumed by such assignee.
Section 32. 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 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 33. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency, partnership or joint venture relationship between the City and Developer
Parties and neither Developer 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 Developer Parties or their subsidiaries,
divisions or affiliates.
Section 34. 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 Developer Parties in
achieving its development and construction milestones. The City will
accommodate requests from Developer Parties' 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 will designate an individual within the City Manager's office
who will have a primary (though not exclusive) duty to serve as the City's point of
contact and liaison with Developer Parties 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
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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
development permits to the extent a Developer does not comply with the
applicable requirements of the Existing Zoning, the Comprehensive Plan, this
Agreement and applicable building codes or regulations.
Section 35. Enforcement.
(a) In the event that a Developer Party, its successors and/or assigns fail to act in
accordance with the terms of the Existing Zoning, the City shall seek enforcement
of said violation upon the property(ies) within the SAP owned by such Developer
Party as applicable.
(b) Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any covenants set forth in this Agreement.
Each party to any such action shall bear their own attorney's fees.
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
Section 36. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of a Developer Party and the
City. Prior to any amendment or termination of this Agreement during its term, the City shall
hold two public hearings before the City Commission to consider and deliberate regarding such
amendment or termination.
Section 37. Third Party Defense. City and Developer Parties shall, at their own cost and
expense, vigorously defend any claims, suits or demands brought against them by third parties
challenging the Agreement or the Project, or objecting to any aspect thereof, including, without
limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida Statutes (2013), (ii)
a petition for writ of certiorari, (iii) an action for declaratory judgment, or (iv) any claims for
loss, damage, liability, or expense (including reasonable attorneys' fees). City and Developer
Parties shall promptly give the other written notice of any such action, including those that are
pending or threatened, and all responses, filings, and pleadings with respect thereto.
Section 38. No Conflict of Interest. Developer Parties agree to comply with Section 2-612 of
the City Code as of the Effective Date, with respect to conflicts of interest.
Section 39. No Third -Party Beneficiary. No persons or entities other than Developer Parties
and the City, their heirs, permitted successors and assigns, shall have any rights whatsoever
under this Agreement.
Section 40. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
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Section 41. (*Estoppel.
(a) Upon request from time to time by any Developer Party or its successors and/or
assigns, or any holder of a mortgage on any SAP Property owned by a Developer Party,
the City shall deliver to such requesting party a letter (in recordable form, if requested,
and in a form reasonably acceptable to the City Attorney) stating whether the obligations
of such Developer Party or its successor and/or assign under this Agreement are current
and in good standing or have been satisfied. In the event such Developer Party or its
successor and/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.
No other person other than a Developer Party (including its successor or assign), or a
mortgagee of any SAP Property owned by such a Developer Party, may request or rely
upon such an estoppel.
(b) Within thirty (30) days of receipt of written request from a Developer Party or its
successor or assign or the holder of a mortgage on any SAP Property owned by a
Developer Party or its successor or assign, the City Manager, on behalf of the City, shall
execute an estoppel certificate or similar document, in form and substance reasonably
acceptable to the City Attorney, affirming the Developer Party's compliance with the
conditions set forth in the Agreement. Should the City fail to execute the requested
estoppel certificate within the aforementioned time period, the City's non -response shall
be presumed to indicate the Developer Party's compliance with the terms of the
Agreement.
No other person other than a Developer Party (including its successor or assign), or a
mortgagee of any SAP Property owned by such a Developer Party, may request or rely
upon such an estoppel.
NOW, THEREFORE, the City and Developer Parties have caused this Agreement to be
duly executed.
[Signature blocks for City and Developer Parties]
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
Bcn NcwtonDacra Design 4141 LLC,
a Delaware limited liability company,
by DACRA 4141 MANAGING MEMBER,
INC., a Florida corporation, its Managing
Member.
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 201112021, by
, as of MIAMI DESIGN DISTRICT
n SC ES n rnNnGEDDACRA 4141 MANAGING MEMBER, INC., a Florida
corporation, on behalf of that corporation in its capacity as Managing Member of Dacra Design
4141 LLC, a Delaware limited liability company, in its capacity as Manager of Bcn Newton
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LLCon behalf of that company. He is personally known to me or who produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Largo
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Dacra Dcsign 4141Ha1f-Circle
Property (Del.) LLC,
a Delaware limited liability company,
by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
DACRA'11'11 MANAGING MEMBER,
INC., a Florida corporation, its Managing
Member.
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this — day of 201112021, by
—, as — of DACRA '11'11 MANAGING
NEEMBERMIAMI DESIGN DISTRICT ASSOCIATES MANAGER, INC.LLC, a Florida
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corporation, on behalf of that corporation in its capacity as Managing Member of Dacra Design
'I1'11Delaware limited liability company, the Manager of Half -Circle Property (Del.) LLC, a
Delaware limited liability company, on behalf of that company. He is personally known to me or
who produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Dacra Dcsign Moorc (Dcl.)MDDA
Morning Dew, LLC,
a Delaware limited liability company,
by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 201d ,2021, by
as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its capacity aathe
Manager of Dacra Design Moore (Del.), LLC, whoMDDA Morning Dew, LLC, a Delaware
limited liability company, on behalf of that company. He is personally known to me or who
produced as identification.
My commission expires:
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NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
FCAA, LLC
a Delaware limited liability company, by
FCAA Parent, LLC,
Lovely Rita Acquisitions, LLC,
a Delaware limited liability company, its
sole member, by
MIAMI DESIGN DISTRICT
ASSOCIATES MDDA SWEET BIRD
MANAGER, LLC, a Delaware limited
liability company, its Manager
COUNTY OF MIAMI-DADE
)
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before _eby means of 0 physical
presence or 0 online notarization, this day of , 201112021, by
, as of MIAMI DESIGN DISTRICT
ASSOCIATESMDDA SWEET BIRD MANAGER, LLC, a Delaware limited liability company,
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in its capacity as Manager of FCAA Parent, LLC, a Delaware limited liability company, the sole
member of FCAA, LLC, a Delaware limited liability company, on behalf of that limited liability
companyLovely Rita Acquisitions, LLC. He is personally known to me or produced
as identification.
My commission expires:
NOTARY PUBLIC, State of Florida at Large
Pri
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Half Circle Property (Del.) LLC
a Dclawarc limited liability company, by
HALF CIRCLE PARENT, LLC, a
Delaware limited liability company, its sole
member, by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
Print Name•
Print Name: Title:
Print Name:
STATE OF FLORIDA )
)
COUNTY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this day of ,
20 H, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a Dclawarc limited liability company, the Manager of
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HALF CIRCLE PARENT, LLC, a Dclawarc limited liability company, on behalf of that
company in its capacity as sole member of Half Circle Property (Dc1.) LLC, a Dclawarc limited
liability company, on behalf of that company. He is personally known to me or produced
as identification.
NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
Lovely Ritallorwegian Wood
Acquisitions, LLC
Delaware limited liability company,
by
MDDA SWEET BIRD MANAGER,
LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of 201112021, by
, as of MDDA SWEET BIRD MANAGER LLC,
a Delaware limited liability company, in its capacity as Manager of Lovely Ritallorwegian Wood
Acquisitions, LLC. He is personally known to me or produced
as identification.
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My commission expires:
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NOTARY PUBLIC, State of Florida
at Large
Print Name:
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
MDDA MORNINC DEW, LLC
a Delaware limited liability company, by
MDDA PHASE III HOLDINGS, LLC,
Oak Plaza Associates (Del.) LLC,
a Delaware limited liability company, its
sole member, by MIAMI DESIGN
DISTRICT ASSOCIATES MANAGER,
LLC, a Delaware limited liability company,
its Manager
By:
Print Name:
The foregoing instrument was acknowledged
presence or El online notarization, this
—, as
ASSOCIATES MANAGER, LLC, a Delaware limited
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Title: _
before me by means of ❑ physical
day of 201112021, by
of MIAMI DESIGN DISTRICT
liability company, i-it its capacity as
Manager of MDDA PHASE III HOLDINGS, LLC, a Delaware limited liability company, on
behalf of that company in its capacity as sole member of MDDA Morning Dew, LLC, a
Delaware limited liability company, on behalf of that companyOak Plaza Associates (Del.) LLC.
He is personally known to me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
.Jungle
Plaza, LLC,
a Delaware limited liability company,
by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 201d, by , 2021, by
, as of MIAMI DESIGN DISTRICT ASSOCIATES
MANAGER LLC, a Delaware limited liability company, wit its capacity as Manager of Monte
Carlo Associates (Dcl.)Jungle Plaza, LLC. He is personally known to me or produced
as identification.
My commission expires:
129202028.11
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43
NOTARY PUBLIC, State of Florida
at Large
Print Name:
129202028.1} 44
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
4200
Associates, LLC,
a Delaware limited liability company,
by
MDDA SWEET BIRDMIAMI
DESIGN DISTRICT ASSOCIATES
MANAGER, LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 20H, by , 2021, by
, as of MDDA SWEET BIRDMIAMI DESIGN
DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability company, iftit its
capacity as Manager of Norwegian Wood Acquisitions4200 Associates, LLC. He is personally
known to me or produced — as identification.
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My commission expires:
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NOTARY PUBLIC, State of Florida
at Large
Print Name:
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
—GaliParadise Plaza Associates (Dc1.),
LLC,
a Delaware limited liability company,
by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited liability company, its
Manager
Witnesses:
By:
Print Namc•
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI DADE
)
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The foregoing instrument was acknowledged before me this day of
2014, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, it its capacity as
Manager of Oak Plaza Associates (Del.) LLC. He is personally known to me or produced
as identification.
My
NOTARY PUBLIC, State of Florida at Largo
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Pcnny Lanc Acquisitions, LLC
a Dclawarc limited liability company, by
MDDA PHASE III HOLDINGS, LLC, a
Delaware limited liability company, it's solo
Member by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Dclawarc limited liability company, its
Manager
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this day of
20 H, by , as of MDDA PHASE III HOLDINGS,
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LLC, a Dclawarc limited liability company, its sole mcmbcr by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, in its capacity as Manager of Penny Lane Acquisitions, LLC.
He is personally known to me or produced as identification.
NOTARY PUBLIC, State of Florida at Largo
Print Name:
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
a Delaware limited liability company, by
MDDA PHASE III HOLDINGS, LLC, a
Delaware limited liability company, its sole
mcmbcr by MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Dclawarc limited liability company, its
Manager
Print Name:
Print Name:
Print Name:
129202028.1} 50
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Title:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this
day of , 201112021, by
as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, init its capacity as
Manager of MDDA PHASE III HOLDINGS, LLC, a Delaware limited liability company, in its
capacity as sole member of Sweet Virginia Acquisitions LLC, a Delaware limited liability
company, on behalf of that companyParadise Plaza Associates, LLC. He is personally known to
me or produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Tiny Dancer Acquisitions LLC
a Delaware limited liability company, by
MDDA STARDUST MANAGER, LLC,-a
Delaware limited liability company, its
Manager
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this day of
2014, by , as of MDDA STARDUST
MANAGER LLC, a Delaware limited liability company, in its capacity as manager of Tiny
Dancer Acquisitions LLC. He is personally known to me or produced
as identification.
y commission cxplres.
NOTARY PUBLIC, State of Florida at Large
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed
as of the date written above.
Wit
Sun King, LLC
a Delaware limited liability company, by
MDDA PHASE III HOLDINGS, LLC, a
Delaware limited liability company, its
sole member, by MIAMI DESIGN
DISTRICT ASSOCIATES
MANAGER, LLC, a Delaware limited
Liability company, its Manager
By:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this day of
20 H, by , as of MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as
Manager of MDDA PHASE III HOLDINGS, LLC, a Delaware limited liability company, in its
capacityas-sele-member of S„R Ki g T T r a Delaware 1i ted ka134444y cempany, on behalf of
that company. He is personally known to me or produced as
identification.
NOTARY PUBLIC, State of Florida at Largo
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53
IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed
as of the date written above.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
3
)
Uptown Cirl Development LLC
a Delaware limited liability company, by
MDDA STARDUST MANAGER, LLC, a
Delaware limited liability company, its
Manager
By:
Print Name:
Title: _
The foregoing instrument was acknowledged before me by means of 0 physical
presence or ❑ online notarization, this day of , 2021, by
, as of MDDA STARDUST MANAGER LLC, a
Delaware limited liability company, it its capacity as manager of Tiny Dancer Acquisitions LLC.
He is personally known to me or produced as identification.
My commission expires:
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NOTARY PUBLIC, State of Florida
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witness:
Sun King, LLC,
a Delaware limited liability company, by
MIAMI DESIGN DISTRICT
ASSOCIATES MANAGER, LLC, a
Delaware limited Liability company, its
Manager
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 20H2021, by
, as of MDDA STARDUSTMIAMI DESIGN
DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, in its
capacity as Manager of Uptown Girl Development LLCSun King, LLC, a Delaware limited
liability company, on behalf of that company. He is personally known to me or produced
as identification.
My commission expires:
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NOTARY PUBLIC, State of Florida
at Large
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Flaglcr Holding Croup, Inc.
Uptown Girl Development LLC,
a Florida for profit corporationDelaware
limited liability company, by MDDA
STARDUST MANAGER, LLC, a Delaware
limited liability company, its Manager
Witness:
By:
Print Name:
Print Name: Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 201112021, by
—, as , as of Flagler Holding Group, Inc.,
whoMDDA STARDUST MANAGER, LLC, a Delaware limited liability company, in its
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capacity as Manager of Uptown Girl Development LLC. He is personally known to me or who
produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Largo
Print Name:
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IN WITNESS hereof the parties have caused this Agreement to be duly entered into and
signed as of the date written above.
Witnesses:
Witness:
THE CITY OF MIAMI,
a municipal corporation
located withinof the State of Florida
By:
Daniel J. Alfonso
Print Name:
Print Name: Title: City Manager
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
Approved as to legal form and correctness:
By:
Victoria Mendez, Esq.
City Attorney
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 201112021, by
, in his/her capacity as City Manager, on behalf of the City of Miami, a
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municipal corporation, who of the State of Florida. He/she is personally known to me or who
produced as identification.
My commission expires:
NOTARY PUBLIC, State of Florida
at Large
Print Name:
{29202028.1} 61
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Exhibit "A"
Legal Descriptions of the Property
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MA #1: LAVERNE
SUBJECT PROPERTY STREET 90 NE 39th Street (Folio No.: 01-3124-029-0130)
)D' ASS ES :
Lots 1, 2 and 3, Block 2, of BILTMORE COURT,
SUBJECT PROPERTY LEGAL DESCRIPTION: according to the Plat thereof, as recorded in Plat Book 7,
at Page 37, of the Public Records of Miami -Dade County,
Florida
MA ' #2 3 4 5 6 7: PALM COURT
SUBJECT PROPERTY STREET 100 NE 39th Street (Folio No.: 01-3124-046-0010)
3851 Ne 1 Avenue(Folio No.: 01-3124-046-0020)
3801 NE 1 Avenue (Folio No.: 01-3124-046-0030)
132 NE 39th Street (Folio No.: 01-3124-046-0040)
140 NE 39th Street (Folio No.: 01-3124-046-0050)
180 NE 39th Street (Folio No.: 01-3124-046-0060)
3821 NE 1 Court (Folio No.: 01-3124-046-0070)
Tracts A, B, C, D, E, F and G of PALM WAY
SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 170, at Page 32, of the Public Records of
Miami -Dade County, Florida.
SUBJECT PROPERTY LEGAL DESCRIPTION:
MA #8: BUICK
SUBJECT PROPERTY STREET 3841 NE 2nd Avenue (Folio No.: 01-3219-011-0100)
RESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAj #9: TUTTLE SOUTH
The North 68.32 feet of Lot 2, and all of Lot 3, of
SECOND AMENDED PLAT OF MAGNOLIA PARK,
according to the Plat thereof, as recorded in Plat Book 5,
at Page 25, of the Public Records of Miami -Dade County,
Florida, together with that certain twelve -foot strip of land
lying adjacent to and immediately East of the
above -described property, said twelve -foot strip having
for its Easterly boundary the Florida East Coast Railroad
right-of-way.
SUBJECT PROPERTY STREET 3725 Biscayne Boulevard (Folio No.: 01-3219-045-0010)
ADDRESS ES
Tract A of VIA TUTTLE SUBDIVISION, according to
SUBJECT PROPERTY LEGAL DESCRIPTION: the plat thereof, as recorded in Plat Book 163, at Page 59,
of the Public Records of Miami -Dade County, Florida
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formerly described as:
Lot 32, less that part in Biscayne Boulevard, and Lots 33
through 36, less the West 6 feet thereof, MAGNOLIA
PARK, 2ND AMENDED PLAT THEREOF, according to
the Plat thereof, as recorded in Plat Book 5, at Page 25, of
the Public Records of Miami -Dade County, Florida;
AND
Lots 33, 35 and 37, of BUENA VISTA BISCAYNE
BADGER CLUB SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 1, at Page 115, of the
Public Records of Miami -Dade County, Florida;
AND
The North 34.88 feet of Lot 31 of BUENA VISTA
BISCAYNE BADGER CLUB SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 1, at Page
115, of the Public Records of Miami -Dade County,
Florida;
AND
The East one foot of the West 6 feet of Lot 36,
MAGNOLIA PARK, 2ND AMENDED PLAT THEREOF,
according to tfjhe Plat thereof, as recorded in Plat Book 5,
at Page 25, of the Public Records of Miami -Dade County,
Florida.
MA#10: TUTTLE NORTH
SUBJECT PROPERTY STREET 299 NE 38th Street (Folio No.: 01-3219-011-0330)
ADDRESS ES
Lots 37, 38 and 39, SECOND AMENDED PLAT OF
SUBJECT PROPERTY LEGAL DESCRIPTION: MAGNOLIA PARK, less right of way of Biscayne
Boulevard, according to the plat thereof, as recorded in
Plat Book 5, at Page 25, of the Public Records of
Miami -Dade County, Florida.
MA' #11 12: SWEET BIRD SOUTH
f/ , Norwe ' ian Wood and Casa/Lad Jane
SUBJECT PROPERTY STREET 92 NE 40th Street (Folio No.: 01-3124-029-0010)
AD PRESS ES . 99 NE 39th Street
Lots 1, 2 and 3, Block 3, of AMENDED PLAT OF
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SUBJECT PROPERTY LEGAL DESCRIPTION: COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
And
Lots 1 and 2, Block 1, of BILTMORE COURT,
according to the Plat thereof, as recorded in Plat Book 7,
at Page 37, of the Public Records of Miami -Dade
County, Florida.
MA#13 14: JBL
f/ JBL and Hale Daniel
SUBJECT PROPERTY STREET (Folio No.: 01-3124-030-0090)
AD PRESS ES 101 NE 39th Street
103 NE 39th Street
105 NE 39th Street
107 NE 39th Street
111 NE 39th Street
3907 NE 1st Avenue
3911 NE 1st Avenue
SUBJECT PROPERTY LEGAL DESCRIPTION:
Subtract A:
Lot 11 and the East 3 feet of Lot 12, in Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public
Records of Miami- Dade County, Florida.
Subtract B:
Parcel 1:
Lots 21, 22 and 23, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lot "A", of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37 of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
Unnumbered Lot 13 x 100 feet East of Moore Parkway
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and West of J.W. Wallace Tract, COMMERCIAL
BILTMORE, according to the Plat thereof, as recorded in
Plat Book 6, at Page 132, of the Public Records of
Miami -Dade County, Florida.
Parcel 4:
Lot 12, less the East 3 feet thereof, and Lot 13, in Block 1,
of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida, less that part of
said Lot 13 described as follows:
Beginning at the Southwesterly corner of Lot 13, Block 1,
of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida; thence run
Eastwardly along the Southerly line of said Lot 13, a
distance of Twelve (12) feet to a point of curve; thence
run Westwardly and Northwestwardly along the arc of a
tangential curve to the right, having a radius of
Twenty -Five (25) feet and a central angle of 8°41'07" for
a distance of 12.52 feet to a point on the Westerly line of
said Lot 13; thence run Southwardly along the Westerly
line of said Lot 13 a distance of 3.07 feet to the Point of
Beginning.
MAP #15: OAK PLAZA -OP 120
(f/li/'a Collins)
SUBJECT PROPERTY STREET 139 NE 39th Street (Folio No.: 01-3124-030-0060)
RESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
LOTS 7 THROUGH 9, INCLUSIVE, BLOCK 1,
MAGNOLIA COURT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT
PAGE 105, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA,
LESS AND EXCEPT THAT PORTION OF SAID LOT 7
LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE
EAST 5.00 FEET OF LOT 12, SECOND SECTION,
COMMERCIAL BILTMORE, AS RECORDED IN
PLAT BOOK 12, AT PAGE 44, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
SAID PORTION OF LOT 7 BEING MORE
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PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT
7; THENCE SOUTH 89°58'58" WEST ALONG SOUTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET; THENCE NORTH 00°01'50" WEST
ALONG THE SOUTHERLY PROLONGATION OF
THE WESTERLY LINE OF THE EAST 5.00 FEET OF
SAID LOT 12, FOR A DISTANCE OF 93.23 FEET TO
THE NORTH BOUNDARY OF SAID LOT 7; THENCE
NORTH 89°59'41" EAST ALONG THE NORTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG
THE EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
MAP #16: OAK PLAZA OP 110
(f/li/'a Loggia)
SUBJECT PROPERTY STREET 163 NE 39th Street (Folio No.: 01-3124-030-0050)
RESS ES
LOT 6 AND THAT PORTION OF LOT 7, BLOCK 1,
SUBJECT PROPERTY LEGAL DESCRIPTION: MAGNOLIA COURT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT
PAGE 105, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, LYING
EASTERLY OF THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF THE EAST 5.00 FEET
OF LOT 12, SECOND SECTION, COMMERCIAL
BILTMORE, AS RECORDED IN PLAT BOOK 12, AT
PAGE 44, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, SAID PORTION
OF LOT 7 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT
7; THENCE SOUTH 89°58'58" WEST ALONG SOUTH
BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET; THENCE NORTH 00°01'50" WEST
ALONG THE SOUTHERLY PROLONGATION OF
THE WESTERLY LINE OF THE EAST 5.00 FEET OF
SAID LOT 12, FOR A DISTANCE OF 93.23 FEET TO
THE NORTH BOUNDARY OF SAID LOT 7; THENCE
NORTH 89°59'41" EAST ALONG THE NORTH
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BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF
43.98 FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG
THE EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
MAIP #17: OAK PLAZA KVA OP 150 (Fendi)
SUBJECT PROPERTY STREET 150 NE 40th Street (Folio No.: 01-3124-028-0080)
RESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAj #18: OAK PLAZA OP 160
The West 20 feet of Lot 12, and all of Lot 13, of
COMMERCIAL BILTMORE, SECOND SECTION,
according to the plat thereof, as recorded in Plat Book 12,
at Page 44, of the Public Records of Miami -Dade County,
Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of
SECOND SECTION, COMMERCIAL BILTMORE
1924, according to the plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of
Miami -Dade County, Florida.
SUBJECT PROPERTY STREET 160 NE 40th Street (Folio No.: 01-3124-028-0060)
AD PRESS ES . 154 NE 40th Street (Folio No.: 01-3124-028-0070)
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAj #19: TOMAS MAIER
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according
to the plat thereof, as recorded in Plat Book 12, at Page
44, of the Public Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET 170 NE 40th Street (Folio No.: 01-3124-028-0040)
RESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MA #20: MELIN
Lots 7 and 8, of SECOND SECTION, COMMERCIAL
BILTMORE 1924, according to the Plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public
Records of Miami -Dade County, Florida.
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SUBJECT PROPERTY STREET 3930 NE 2nd Avenue (Folio No.: 01-3124-028-0010)
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAj #21: (NEWTON)
Lots 1 through 6 inclusive, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida, and Lots
1 through 4, inclusive, Block 1, and unnumbered Lot East
of Lot 4, Block 1, of MAGNOLIA COURT, according to
the plat thereof, as recorded in Plat Book 6, at Page 105,
of the Public Records of Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida, being more particularly
described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area
of a circular curve, contained within said Lot 3, concave
to the Northwest having a radius of 25 feet and tangents
which are 25 feet North of and parallel with the centerline
of N.E. 39th Street and 35 feet West of and parallel with
the centerline of N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat
thereof, as recorded in Plat Book 12, at Page 44, of the
Public Records of Miami -Dade County, Florida, being
more particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of
a circular curve, contained within said Lot 3, concave to
the Southwest having a radius of 25 feet and tangents
which are 33 feet South of and parallel with the centerline
of N.E. 40th Street and 35 feet West of and parallel with
the centerline of N.E. 2' Avenue.
SUBJECT PROPERTY STREET 201 NE 39th Street (Folio No.: 01-3129-012-0010)
ADDRESS ES
Lots 1 and 2 and the 10.00-foot Easterly adjacent alley,
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SUBJECT PROPERTY LEGAL DESCRIPTION: PLAT SHOWING RESUBDIVISION OF LOTS 4-5-6 &
7 OF SECOND AMENDED PLAT OF MAGNOLIA
PARK, according to the Plat thereof, as recorded in Plat
Book 4, at Page 150, of the Public Records of
Miami -Dade County, Florida.
MA#22 23: SWEET BIRD NORTH
f/ Asi-Museum Villa ' e and Suttin and Lovel
Rit,
SUBJECT PROPERTY STREET
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #24, 25, 26, 27, 35, 36, 37, 38:
(BRIDGE NORTH, BRIDGE SOUTH, JADE,
MO SAIC, MOORE/GARDEN)
(f/k/a Rosen, Mosaic/Chatham, Moore -Garden,
Moore, Moore 140, Mosaic Lot, Rosen Lot, Palmer
Building)
SUBJECT PROPERTY STREET
ADDRESS(ES):
81 NE 40th Street and 95 NE 40th Street
(Folio No.: 01-3124-049-0020)
Tract B, MUSEUM SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 172, Page 98, of
the Public Records of Miami -Dade County, Florida.
Formerly known as:
Lots 5, 6 and 7, Block 2, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
And
Lots 1, 2, 3 and 4, Block 2, AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, as according to the
Plat thereof, as recorded in Plat Book 6, at Page 132, of
the Public Records of Miami -Dade County, Florida.
140 NE 41st Street (Folio No.: 01-3124-048-0020)
150 NE 41st Street (Folio No.: 01-3124-048-0030)
175 NE 40th Street (Folio No.: 01-3124-048-0040)
155 NE 40th Street (Folio No.: 01-3124-048-0050)
151 NE 40th Street (Folio No.: 01-3124-048-0060)
Tracts B, C, D, E and F, of BRIDGE SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book
171, at Page 100, of the Public Records of Miami -Dade
County, Florida.
Said Tracts B (Bridge North), C (Jade), D
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(Moore/Garden), E (Mosiac) and F (Bridge South) of said
Plat formerly having been described as Tracts 10, 11, 14
SUBJECT PROPERTY LEGAL DESCRIPTION: and a portion of vacated alleys more particularly described
as follows:
(Moore/Garden)
Parcel 1:
Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION
OF BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page
55, of the Public Records of Miami -Dade County, Florida.
Parcel 2:
Lots 1 and 2, in Block 10, of BILTMORE, according to
the Plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami -Dade County, Florida.
Parcel 3:
Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of
Miami -Dade County, Florida, being more particularly
described as follows:
BEGIN at the Northeast corner of said Lot 8; thence
NOO°03'19"W, along the Northerly prolongation of the
East line of said Lot 8, for a distance; thence
N89°59'47"E, along the centerline of 12 foot Alley, for a
distance of 7.41 feet; thence S00°00'S0"W, along a
Westerly line of Lot 7, AMENDED PLAT OF A
PORTION OF BLOCK 10 OF BILTMORE
SUBDIVISION AND A PORTION OF BLOCK 1 OF
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THE AMENDED PLAT OF COMMERCIAL
BILTMORE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 45, at Page 55, of the
Public Records, Miami -Dade County, Florida, for a
distance of 6.00 feet; thence S89°59'47"W, along a
Northerly line of said Lot 7, for a distance of 7.41 feet to
the POINT OF BEGINNING.
(Mosaic / Bridge South)
Parcel 1:
Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT
OF COMMERCIAL BILTMORE 1921, according to the
plat thereof, as recorded in Plat Book 6, at Page 132, of
the Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of
Miami -Dade County, Florida, being more particularly
described as follows:
BEGIN at the Northeast corner of Lot 8, Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE
1921; thence S89°59'47"W along the North line of said
Block 1 for a distance of 112.14 feet; thence NOO°00'06"E
for a distance of 6.00 feet; thence N89°59'47"E along the
centerline of 12 foot Alley, for a distance of 112.13 feet;
thence SOO°03'19"E along the Northerly prolongation of
the East line of said Lot 8, for a distance of 6.00 feet to
the POINT OF BEGINNING.
Parcel 2:
Lots 13 and 14, Block 1 of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the
Public Records of Miami -Dade County, Florida.
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Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 132, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
BEGIN at the Northwest corner of said Lot 14; thence
NOO°00'40"E, along the Northerly prolongation of the
West line of said Lot 14, for a distance of 6.00 feet;
thence N89°59'47"E, along the centerline of said 12 foot
Alley, for a distance of 62.42 feet; thence SOO°00'06"W
for a distance of 6.00 feet; thence S89°59'47"W for, along
the North line of said Block 1, a distance of 62.42 feet to
the POINT OF BEGINNING.
(Jade and Bridge North)
Parcel 1:
Lot 6, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lot 7, in Block 10, of BILTMORE, according to the plat
thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
Lot 5 and the West 20 feet of Lot 4, Block 10,
BILTMORE, according to the Plat thereof, as recorded in
Plat Book 6, at Page 67, of the Public Records,
Miami -Dade County, Florida, Excepting therefrom the
following part of the West 20 feet of Lot 4: Begin at the
Southwest corner of said Lot 4, Block 10, of the aforesaid
BILTMORE, thence East along the South line of said Lot
4 for a distance of 20 feet; thence North parallel with the
West line of said Lot 4 for a distance of 20 feet to a point;
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thence Southwesterly along a tangent circular curve
having a radius of 20 feet through a central angle of 90
degrees for an arc distance of 31.42 feet to the Point of
Beginning.
Parcel 4:
Lot 8, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Together with:
A portion of the 12 foot Alley lying North of Block 1,
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 132, of the Public Records of Miami -Dade
County, Florida, and a portion of the 12 foot Alley,
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBDIVISION AND A PORTION OF
BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page
55, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows:
BEGIN at the Northwest corner of Lot 3 of said Plat Book
45, Page 55; thence SOO°00'50"W, along the West line of
said Lot 3, for a distance of 111.22 feet to the centerline
of the 12 foot Alley as shown on said Plat Book 6, Page
132; thence N89°59'47"W, along said centerline, for a
distance of 119.54 feet; thence NOO°00'06"E for a distance
of 6.00 feet; thence N89°59'47"E, along the North line of
the 12 foot Alley as shown on said Plat Book 6, Page 132,
for a distance of 87.55 feet to the point of curvature of a
circular curve, also being the Westerly line of the 12 foot
Alley as shown on said Plat Book 45, Page 55, concave to
the Northwest having as it elements a radius of 20 feet
and a central angle of 89°58'58; thence Easterly,
Northeasterly and Northerly along said curve for an arc
distance of 31.41 feet; thence N00°00'S0"E, along the
West line of the 12 foot Alley as shown on said Plat Book
45, Page 55, for a distance of 85.23 feet; thence
S89°59'54"E, along the Westerly prolongation of the
North line of said Lot 3, for a distance of 12.00 feet to the
POINT OF BEGINNING.
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AND
Vacated Alley:
A portion of the 12 foot wide alley as shown in Block 1 of
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 132, together with the alley as shown in
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBDIVISION AND A PORTION OF
BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page
55, of the Public Records, Miami -Dade County, Florida,
being more particularly described as follows:
Beginning at the Northwest corner of Lot 3, as shown in
AMENDED PLAT OF A PORTION OF BLOCK 10 OF
BILTMORE SUBDIVISION AND A PORTION OF
BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 45, at Page
55, of the Public Records, Miami -Dade County, Florida,
the said point being on the northerly Right of Way line of
Northeast 41st Street; thence South 00°00'50" West along
the West line of said Lot 3, for a distance of 117.22 feet to
a point on the North line of Block 1, as shown in
AMENDED PLAT OF COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 132, of the Public Records, Miami -Dade County,
Florida; thence South 89°59'47" West along the North
line of said Block 1, for a distance of 181.97 feet; thence
North 00°00'39" East, a distance of 12.00 feet to a point
on the South line of Block 10 as shown in BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 67, of the Public Records, Miami -Dade County,
Florida; thence North 89°59'47" East along the South line
of said Block 10, for a distance of 149.98 feet to a point of
curvature with a circular curve concave to the Northwest,
having a central angle of 89°58'58" and a radius of 20.00
feet; thence Northeasterly and Northerly along the arc of
said curve, a distance of 31.41 feet to a point of tangency;
thence North 00°00' 50" East, a distance of 85.23 feet to
appoint on the North line of said Block 10; thence South
89°59'54" East, a distance of 12.00 feet to the Point of
Beginning.
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MAP #28, 29, 30, 31, 32, 33, 34: MUSEUM
GARAGE
(f/k/'a Asi-Museum Village)
(Folio No.: 01-3124-049-0010)
SUBJECT PROPERTY STREET 90 NE 41st Street
ADDRESS(ES):
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #41, 62: STARDUST WEST
(f/k/a Moore 77 and Uptown Girl)
Tract A, of MUSEUM SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 172, at Page 98, of
the Public Records of Miami -Dade County, Florida.
Said Tract A of being formerly described as follows:
Lots 1 through 8, of Block 9, Biltmore, according to the
Plat thereof as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
AND
Vacated Alley:
A portion of the 12 foot alley lying between Block 9, of
BILTMORE according to the plat thereof as recorded in
Plat Book 6, Page 67, and Block 2 of AMENDED PLAT
OF COMMERCIAL BILTMORE according to the plat
thereof as recorded in Plat Book 6, Page 132, of the Public
Records of Miami -Dade County, Florida, being more
particularly described as follows:
BEGINNING at the Southeast corner of Lot 1, of said
Block 9, the said point being on the Westerly Right of
Way line of Northeast 1st Avenue; THENCE South
89°59'31" West, along the South line of said Block 9, for
a distance of 175.17 feet; THENCE South 00°00'51"
East; for a distance of 12.00 feet to a point on the North
line of said Block 2; THENCE North 89°59'31" East
along said North line of Block 2 for a distance of 175.17
feet to a point on the Westerly Right of Way line of
Northeast 1st Avenue as shown on said plats; THENCE
North 00°01'26" West for a distance of 12.00 feet to the
POINT OF BEGINNING.
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SUBJECT PROPERTY STREET
ADDRESS ES
SUBJECT PROPERTY LEGAL
DE CRIPTION:
MAP #42, 43, 44: PARADISE PLAZA
(f/li/'a Moore 115, Scarlet Begonia, Church (FCAA))
SUBJECT PROPERTY
ADDRESS ES
4100 NE 1st Avenue (Folio No.: 01-3124-024-1350)
77 NE 41st Street (Folio no.: 01-3124-024-1340)
Parcel 1:
Lot 22 and the East 1/2 of Lot 21, in Block 8, of
BILTMORE, according to the Plat thereof, recorded in
Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
Parcel 2:
Lots 23 and 24, less the North 46 feet thereof, in
Block 8, of BILTMORE, according to the Plat thereof,
recorded In Plat Book 6, at Page 67, of the Public Records
of Miami -Dade County, Florida.
STREET 115 NE 41st Street (Folio No.: 01-3124-024-1550)
135 NE 41st Street (Folio No.: 01-3124-024-1550)
150 NE 42nd Street (Folio No.: 01-3124-024-1550)
SUBJECT PROPERTY LEGAL DESCRIPTION:
Parcel 1:
The West 325 feet of that certain tract of land in the city
of Miami bounded on the North by N.E. 42nd Street, on
the South by N.E. 41st Street, on the East by N.E. Second
Avenue and on the West by the East lines of Lots 5 and 6,
Block 7, BILTMORE, a subdivision shown by plat of
record in Miami -Dade County, in Plat Book 6, at Page 67.
Also known as:
A portion of the West 325 feet of that certain Lot of Land,
432 feet East and West and 204.6 feet North and South,
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MAI #45: 4100/Lee
lying directly East of and adjoining Lots 5 and 6, Block 7,
of BILTMORE, according to the Plat thereof, as recorded
in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida, of said Plat shown as Z.T.
MERRITT HOME, said Lot lying in the Southeast corner
of the NE 1/4 of the SE 1/4 of section 24-53-41.
Parcel 2:
Lot 5, Block 7, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
Lots 3 and 4, in Block 7, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET 4100 NE 2nd Avenue (Folio No.: 01-3124-024-1560)
ADDRESS ES
The East 107 feet of that certain tract of land 432 feet East
SUBJECT PROPERTY LEGAL DESCRIPTION: and West by 204.6 feet North and South, lying directly
East of and adjoining Lots 5 and 6, in Block 7, of
BILTMORE, according to the Plat thereof, as recorded in
Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
MAI #46: 4141
SUBJECT PROPERTY STREET 4141 NE 2nd Avenue (Folio No.: 01-3219-009-0010)
RESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAj #47: 4200
Tract A and Tract 1, REVISED PLAT OF TRACT "A"
AND BLOCKS 1, 2, 3, 8, 9, 10, 11 AND 12 OF
BRENTWOOD, according to the plat thereof, as recorded
in Plat Book 44, Page 6, of the Public Records of
Miami -Dade County, Florida, formerly known as Tract
"A" and Lots 1, 2, 3, 4 and 5, Block 1, of BRENTWOOD,
according to the plat thereof as recorded in Plat Book 40,
Page 66, of the Public Records of Miami - Dade County,
Florida.
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SUBJECT PROPERTY STREET 4200 NE 2nd Avenue (Folio No.: 01-3124-024-0930)
RESS ES
Lot 1, less the East 5 feet thereof, Block 6, of
SUBJECT PROPERTY LEGAL DESCRIPTION: BILTMORE, according to the Plat thereof, as recorded in
Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
MAI #49: 4240
SUBJECT PROPERTY STREET 4240 NE 2nd Avenue (Folio No.: 01-3124-024-0950)
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
MAP #50, 51: CITY GARAGE
(f/li/'a City Garage, Sebastien)
Lot 4, less the East 5 feet thereof, in Block 6,
BILTMORE, as recorded in Plat Book 6, Page 67, of the
Public Records of Miami -Dade County, Florida.
SUBJECT PROPERTY STREET 3800 NE 1st Avenue (Folio No.: 01-3124-033-0240)
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
Parcel 1:
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, in Block 2,
of COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida.
Parcel 2:
Lots 15, 16, 17 and 18, Block 2, of COMMERCIAL
BUENA VISTA, according to the Plat thereof, as
recorded in Plat Book 14, at Page 56, of the Public
Records of Miami -Dade County, Florida.
Less the following portion of Lot 18, Block 2, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida, as
conveyed to the City of Miami by Right -of -Way Deed,
recorded May 18, 2015, in Official Records Book 29619,
at Page 3235, being more particularly described as
follows:
The external area of a 25.00 foot radius circular curve
tangent to the South and West lines of said Block 2,
COMMERCIAL BUENA VISTA, according to said Plat
recorded in Plat Book 14, at Page 56, in the Public
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Records of Miami -Dade County, Florida
MAP #52, 53: PENNY LANE
(f/li/'a Spear, Always Flowers)
SUBJECT PROPERTY STREET 50 NE 39th Street (Folio No.: 01-3124-029-0150)
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
Parcel 1:
That portion of Lots 19, 20 and 21, of Block 2,
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the
Public Records of Miami -Dade County, Florida, lying
West of the West line of Lot 6, of Block 2, of
BILTMORE COURT, according to the Plat thereof, as
recorded in Plat Book 7, at Page 37, of the Public Records
of Miami -Dade County, Florida.
Parcel 2:
All of Lot 7 and Lot 8, less the following described
property: Beginning at the Northeast corner of Lot 8, in
Block 2, of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the
Public Records of Dade County, Florida now known as
Miami -Dade County, Florida; thence run West along the
North line of said Lot 8, a distance of 50.02 feet to the
Northwest corner of said Lot 8; thence run South along
the West line of said Lot 8, a distance of 89.30 feet to the
Southwest corner of said Lot 8; thence run East along the
South line of said Lot 8, a distance of 30.92 feet to a
point; thence run North along a line parallel with and
30.92 feet East of the West line of said Lot 8, for a
distance of 70.27 feet to a point of curve; thence run
Northerly and Easterly along the arc of a curve having a
radius of 19.15 feet and a central angle of 90°02'53" for an
arc distance of 30.10 feet to the Northeast corner of said
Lot 8, which is the point of beginning, all in Block 2, of
BILTMORE COURT, according to the Plat thereof, as
recorded in Plat Book 7, at Page 37, of the Public Records
of Dade County, Florida, now known as Miami -Dade
County, Florida.
AND LESS the following described lands conveyed to the
City of Miami by Right -of -Way Deed, recorded February
28, 2017, in Official Records Book 30436, at Page 3942:
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MAP #54, 55, 56: LIDIA
(f/li/'a Lidia)
SUBJECT PROPERTY STREET
ADDRESS ES
SUBJECT PROPERTY LEGAL DESCRIPTION:
A portion of Lot 7 and Lot 8, Block 2, BILTMORE
COURT, according to the Plat thereof, as recorded in Plat
Book 7, at Page 37, of the Public Records of Miami -Dade
County, Florida, being more particularly described as
follows:
The external area of a circular curve lying within Lots 7
and 8, in Block 2, of BILTMORE COURT, according to
the Plat thereof, as recorded in Plat Book 7, at Page 37, of
the Public Records of Miami -Dade County, Florida, said
circular curve being concave to the Southeast, having a
radius of 25 feet, and tangents which are 25 feet South of
and parallel with the center line of N.E. 39th Street and 20
feet East of and parallel with the center line of N.E.
Miami Court.
30 NE 39th Street (Folio No.: 01-3124-029-0160)
3840 NE Miami Court (Folio No.: 01-3124-026-0220
3825 N. Miami Avenue (Folio No.: 01-3124-029-0170)
Parcel 4A:
Lot 9, less the East 15 feet, and Lots 10 through 13,
Inclusive, Block 2, of BILTMORE COURT, according to
the Plat thereof, as recorded In Plat Book 7, at Page 37, of
the Public Records of Miami -Dade County, Florida, LESS
that portion of Lot 11, Block 2, taken by Eminent Domain
pursuant to Final Judgment under Clerks File No.
69R-17950, described as follows:
All that part of Lot 11, Block 2, of BILTMORE
COURT, which lies within the external area formed by a
25 foot radius are, concave to the Southeast, tangent to the
North line of said Lot 11 and tangent to a line that is 10
feet East and parallel to the West line of said Lot 11.
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MA #57, 58, 59: MARCY
SUBJECT
ADDRESS ES
And
Parcel 4B
Lot 4, less the West 15 feet, and Lot 5, Block 3, of
CENTRAL ADDITION BUENA VISTA, according to
the Plat thereof, as recorded in Plat Book 3, at Page 191,
of the Public Records of Miami -Dade County, Florida.
PROPERTY STREET 3852 N. Miami Avenue (Folio No.: 01-3124-021-0940)
20 NW 39th Street (Folio No.: 01-3124-021-0950)
28 NW 39th Street (Folio No.: 01-3124-021-0960)
SUBJECT PROPERTY LEGAL DESCRIPTION:
MA #60, 61: MADONNA
Lots 1, 2, 3 and 4, in Block 6, of PRINCESS PARK,
according to the Plat thereof, as recorded in Plat Book 6,
at Page 87, of the Public Records of Miami -Dade County,
Florida.
SUBJECT PROPERTY STREET 3900 N. Miami Avenue (Folio No.: 01-3124-021-0580)
AD PRESS ES . 21 NW 39th Street (Folio No.: 01-3124-021-0570)
Lots 22, 23, and 24, in Block 3, of PRINCESS PARK,
SUBJECT PROPERTY LEGAL DESCRIPTION: according to the Plat thereof, as recorded in Plat Book 6,
at Page 87, of the Public Records of Miami -Dade County,
Florida.
MAP #63: STARDUST EAST (Tiny Dancer)
SUBJECT PROPERTY STREET 4039 NE 1st Avenue (Folio No.: 01-3124-024-1540)
ADDRESS ES
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SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 12, in Block 10, of BILTMORE, according to the
Plat thereof, recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Map 111:
La Verne
90 NE 39th St (Folio No. 01 3124 029 0130)
Lots 1, 2 and 3, Block 2, of BILTMORE COURT, according
to the Plat thereof, as recorded in Plat Book 7, at Page 37, of
the Public Records of Miami Dade County, Florida.
C OPERTTREET-APPRESF } 3801 NE 14 Avenue (Folio No. 01 3121 033 0120 &
01 3121 033 0100)
100 NE 39th Street (Folio No. 01 3121 030 0210)
105 NE 38,th Street (Folio No. 01 3121 033 0110)
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Lots 21 and 22, LESS the West 13 feet of Lot 22, Block 1, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 11, at Page 56, of the Public
Records of Miami Dade County, Florida.
Parcel 12B:
Lot "B", of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the Public
Records of Miami Dade County, Florida.
Parcel 12C:
All of Lots 15, 16, 17, 18, 19, 20 and 23, Block 1, of
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 11, at Page 56, of the Public
Records of Miami Dade County, Florida.
Parcel 12D:
Lots 12 and 13, Block 2, of MAGNOLIA COURT, according
to the Plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami Dade County, Florida.
Parcel 12E:
The West 13 feet of Lot 22, Block 1, of COMMERCIAL
BUENA VISTA, according to the Plat thereof as recorded in
Plat Book 11, Page(s) 56, of the Public Records of
Miami Dade County, Florida.
83
S cT P144PER4- SHEET A S(E4): 108 NE 3944 Street (Folio No. 01 3121 030 0200)
Map 114:
Palm Lot
Lot 11, Block 2, of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami Dade County, Florida.
Together with an easement over the East 0.12 feet of Lot 12,
Block 2, of MAGNOLIA COURT, according to the Plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami Dade County, Florida, created by Quit
Claim Deed Creating Perpetual Easement, filed September 3,
1985, in Official Records Book 12621, at Page 676.
c ePERTTREET-APPRESF } 110 NE 39th St (Folio No. 01 3121 030 0170)
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The West 50 feet of Lot 1, and Lots 7 to 11, both inclusive,
and Lots 21 to 31, both inclusive, Block 1, COMMERCIAL
BUENA VISTA, according to the Plat thereof, as recorded in
Plat Book 11, at Page 56, of the Public Records of
Miami Dade County, Florida.
Also known as:
The West 75 feet of Lot 1, less the East 25 feet thereof, and
Lots 7 to 11, both inclusive, and Lots 21 to 31, both inclusive,
Block 1, COMMERCIAL BUENA VISTA, according to the
Plat thereof, as recorded in Plat Book 11, at Page 56, of the
Public Records of Miami Dade County, Florida.
And
Parcel 10B :
Lots 8 and 9, Block 2, of MAGNOLIA COURT, according to
the plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami Dade County, Florida.
84
Map 115:
Booth
cF PR€ wn- STREET A»ss(rs)• 3821 NE 14 Court (Folio No. 01 3121 033 0010)
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Parcel 1A:
The East 100 feet of Lot 1, all of Lots 2 through 5, Block 1,
COMMERCIAL BUENAVISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of the Public
Records of Miami Dade County, Florida.
Less: That portion thereof beginning at the Northeast corner
of Lot 1, Block 1, thence go West 5 feet, thence South 9.30
feet, thence East 0.82 feet, thence South 61.11 feet, thence
East 3.8 feet to the East line, thence North 70.9 feet, to the
Point of Beginning.
85
Map 116:
Booth
C OPERTTREET-APPRESF } 3821 NE 14 Court (Folio No. 01 3121 033 0130)
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Lots 33 through 36, inclusive, Block 1, COMMERCIAL
BUENA VISTA, according to the Plat thereof, as recorded in
Plat Book 11, at Page 56, of the Public Records of
Miami Dade County, Florida.
And
That portion of land thereof beginning 116.10 feet West of the
Southeast corner of Lot 8, NEWTON SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 3, at
Page 126, of the Public records of Miami Dade County,
Florida, thence run North 137.00 feet; thence West 16.50 feet;
thence South 137.00 feet; thence East 16.50 feet to the Point
of Beginning.
Less and Except:
A portion of NEWTON SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 3, at Page 126, of the Public
Recordf M;am; Dade Count Fonda n,a by e
particularly described as follows:
Begin at the Southeast corner of Lot 36, Block 1,
COMMERCIAL BUENA VISTA, according to the Plat
thereof, as recorded in Plat Book 11, at Page 56, of said Public
Records of Miami Dade County, Florida; thence South
89°16'20" East along the Easterly projection of the South line
of said Block 1, said line also being the North right of way
line of N.E. 38 Street as shown on said plat of
COMMERCIAL BUENA VISTA for 16.50 feet to a point
being 116 10 f of West of the Eat ime of said NEWTON
SUBDIVISION and as measured along a line parallel with the
centerline of said N.E. 38th Street as shown on said plat of
COMMERCIAL BUENA VISTA; thence South 00°00'35"
West for 25.00 feet to said centerline of N.E. 38'Street;
41 Street for 16.50 feet to a point on the West line of said
NEWTON SUBDIVISION; thence North 00°00'18" East
along said West line of NEWTON SUBDIVISION for 25.00
feet to the Point of Beginning.
86
Map 117:
Buena Vista
C OPERTTREET-APPRESF } 180 NE 39 Street (Folio No. 01 3121 030 0100)
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Lots 1 to 6, inclusive, and the East 25 feet of Lot 7, in Block 2
of MAGNOLIA COURT, according to the Plat thereof, a:,
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami Dade County, Florida.
Beginning at the Southwest corner of Lot 3, in Block 2, of
MAGNOLIA COURT; thence run North along the West ends
of Lots 3, 2 and 1 of said Block 2, to the Northwest corner of
Lot 1, of said Block 2; thence run West 9 feet to the Northeast
comer of Lot 1, Block 2, of MAGNOLIA COURT; thence run
South along the East side of Lot 1, Block 2, to the Southeast
comer of Lot 1 of said Block 2; thence run East 9 feet to the
Po; aegis teeing a,� ' ce eoed 9
feet wide by 93.15 feet deep, lying directly West of Lots 1, 2
and 3, of Block 2, MAGNOLIA COURT, and directly East of
Lot 1, of said Block 2, according to the Plat thereof, a:,
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami Dade County, Florida.
Lots 1, 2, 3 and 1, of NEWTON'S SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 3, at Page 126, of
the Public Records of Miami Dade County, Florida, less the
East 20 feet thereof.
Begin at the Northwest corner of Lot 1, of NEWTON'S
SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 3, at Page 126, of the Public Records of
Miami Dade County, Florida; thence West 92.9 feet; thence
South 70.9 feet; thence East 16.5 feet; thence South 112.00
feet; thence East 16.1 feet; thence run North 182.9 feet to the
pointef bo
Begin at the Northeast corner of Lot 1, Block 1,
COMMERCIAL BUENA VISTA SUBDIVISION, a
subdivision recorded in Plat Book 11, at Page 56, of the
Public Records of Miami Dade County, Florida, and run West
5.00 feet; thence run South 9.3 feet; thence run East 0.82 feet;
thence run South 61.11 feet; thence run East 3.8 feet to the
East line of Lot 2 of said subdivision; thence North 70.9 feet
to the point of beginning.
87
Map 118:
Buick
S cT P wn- S ET A S(E4): 3811 NE 2414 Avenue (Folio No. 01 3219 011 0100)
Map 119: Tuttle South
The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, at Page 25, of the
Public Records of Miami Dade County, Florida, together with
that certain twelve foot strip of land lying adjacent to and
immediately East of the above described property, said
twelve foot strip having for its Easterly boundary the Florida
East Coast Railroad right of way.
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3725 Biscayne Boulevard (Folio No. 01 3219 045 0010)
Tract A of VIA TUTTLE SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 163, at Page 59, of the
Public Records of Miami Dade County, Florida.
a/k/a Tuttle South 3725 Biscayne Blvd.
formerly described as:
Lot 32, less that part in Biscayne Boulevard, and Lots 33
through 36, less the West 6 feet thereof, MAGNOLIA PARK,
2 AMENDED PLAT THEREOF, according to the Plat
thereof, as recorded in Plat Book 5, at Page 25, of the Public
Records of Miami Dade County, Florida;
AND
Lots 33, 35 and 37, of BUENA VISTA BISCAYNE
BADGER CLUB SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 1, at Page 115, of the Public
Records of Miami Dade County, Florida;
AND
The North 31.88 feet of Lot 31 of BUENA VISTA
BISCAYNE BADGER CLUB SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 1, at Page 115, of
the Public Records of Miami Dade County, Florida;
AND
The East one foot of the West 6 feet of Lot 36, MAGNOLIA
PARK, 2 AMENDED PLAT THEREOF, according to the
Plat thereof, as recorded in Plat Book 5, at Page 25, of the
Public Records of Miami Dade County, Florida.
88
Map 1110:
Tuttle North
C OPERTTREET-APPRESF } 299 NE 38,th Street (Folio No. 01 3219 011 0330)
Lots 37, 38 and 39, SECOND AMENDED PLAT OF
MAGNOLIA PARK, less right of way of Biscayne Boulevard,
according to the plat thereof, as recorded in Plat Book 5, at
Page 25, of the Public Records of Miami Dade County,
Florida.
SECT PR-egER-T S EEF A s(E4): 92 NE 14Th Street (Folio No. 01 3121 027 0270)
LOTS 1, 2 AND 3, IN BLOCK 3, OF AMENDED PLAT OF
COMMERCIAL BILTMORE, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE
132, OF THE PUBLIC RECORDS OF MIAMI DADE
COUNTY, FLORIDA.
C OPERTTREET-APPRESF } 99 NE 39 Street (Folio No. 01 3121 029 0010)
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Lots 1 and 2 , Block 1 of BILTMORE COURT, according to
the Plat thereof, as recorded in Plat Book 7, Page 37, of the
Public Records of Miami Dade County, Florida.
89
C ER3'Y-S EET-ABB E 100 NE/0544 Street (Folio No. 01 3121 028 0160)
108 NE 10544 Street (Folio No. 01 3121 030 0200)
101 NE 39th Street (Folio No. 01 3121 030 0890)
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:Parcel 1:
Lots 21, 22 and 23, of SECOND SECTION COMMERCIAL
BILTMORE, according to the plat thereof, as recorded in Plat
Book 12, at Page 11, of the Public Recor'^ of i m� Dade
County, Florida.
Parcel 2:
Lot "A", of BILTMORE COURT, according to the Plst
thereof, as recorded in Plat Book 7, at Page 37 of the Public
Records of Miami Dade County, Florida.
Parcel 3:
Unnumbered Lot 13 x 100 feet East of Moore Parkway and
West of J.W. Wallace Tract, COMMERCIAL BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 132, of the Public Records of Miami Dade County,
Florida.
Parcel 1:
Lot 12, less the East 3 feet thereof, and Lot 13, in Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami Dade County, Florida, less that part of said Lot 13
described as follows:
Beginning at the Southwesterly corner of Lot 13, Block 1, of
MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 105, of the Public Records of
Miami Dade County, Florida; thence run Eastwardly along the
Southerly line of said Lot 13, a distance of Twelve (12) feet to
a point of curve; thence run Westwardly and Northwestwardly
along the arc of a tangential curve to the right, having a radius
of Twenty Five (25) feet and a central angle of 28°11'07" for
a distance of 12.52 feet to a point on the Westerly line of said
Lot 13; thence run Southwardly along the Westerly line of said
Lot 13 a distance of 3.07 feet to the Point of Beginning.
Lot 11, Block 2, of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at Page 105, of the
Public Records of Miami Dade County, Florida.
Together with easement over East 0.12 feet of Lot 12, Block
2, of MAGNOLIA COURT, according to the Plat thereof, as
recorded in Plat Book 6, at Page 015, of Public Record of
90
Miami Dade County, Florida, created by Quick Claim Deed
granting Perpetual Easement, filed September 3, 1985, in
Official Records Book 12621, at Page 676.
Map 1114: Hale Daniel
c OPERTTREET-APPRESF } 119 NE 3944 Street (Folio No. 01 3121 030 0080)
Lot 11 and the East 3 feet of Lot 12, in Block 1 of
MAGNOLIA COURT, according to the Plat thereof as
recorded in Plat Book 6, Page(s) 105, of the Public Records of
Miami Dade County, Florida.
S cT PR-egER-T S EEF A s(E4): 139 NE 39th Street (Folio No. 01 3121 030 0060)
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SPeDT�LEDEcnnmTn .- LOTS 7
THROUGH 9, INCLUSIVE, BLOCK 1, MACNOLIn
COURT, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 6, AT PAGE 105,
OF THE PUBLIC RECORDS OF MIAMI DADE
COUNTY, FLORIDA,
LESS AND EXCEPT THAT PORTION OF SAID LOT
7 LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF
THE EAST 5.00 FEET OF LOT 12, SECOND
SECTION, COMMERCIAL BILTMORE, A�
RECORDED IN PLAT BOOK 12, AT PAGE 'I1, OF
THE PUBLIC RECORDS OF MIAMI DADE
COUNTY, FLORIDA, SAID PORTION OF LOT 7
BEING MORE P"" LARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 80°58'58" WEST ALONG
SOUTH BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 13.98 FEET; THENCE NORTH
00°01'50" WEST ALONG THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF
THE EAST 5.00 FEET OF SAID LOT 12, FOR A
DISTANCE OF 93.23 FEET TO THE NORTH
BOUNDARY OF SAID LOT 7; THENCE NORTH
80050111" EAST ALONG THE NORTH BOUNDARY
OF SAID LOT 7, FOR A DISTANCE OF 13.98
FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG
THE EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
91
Map 1116:
Oak Plaza Loggia
163 NE 39th Street (Folio No. 01 3124 030 0050)
SPeDT�LD� DmT .: LOT 6
AND THAT PORTION OF LOT 7, BLOCK 1,
MAGNOLIA COURT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT
PAGE 105, OF THE PUBLIC RECORDS OF
MIAMI DADE COUNTY, FLORIDA, LYING
EASTERLY OF THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF THE EAST 5.00
FEET OF LOT 12, SECOND SECTION,
COMMERCIAL BILTMORE, AS RECORDED IN
PLAT BOOK 12, AT PAGE 11, OF THE PUBLIC
RECORDS OF MIAMI DADE COUNTY, FLORIDA,
SAID PORTION OF LOT 7 BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 89°58'58" WEST ALONG
SOUTH BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 13.08 FEET; THENCE NORTH
00°01'50" WEST ALONG THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF
THE EAST 5.00 FEET OF SAID LOT 12, FOR A
DISTANCE OF 03.23 FEET TO THE NORTH
BOUNDARY OF SAID LOT 7; THENCE NORTH
89°59'11" EAST ALONG THE NORTH BOUNDARY
OF SAID LOT 7, FOR A DISTANCE OF 13.98
FEET TO THE NORTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 00°01'50" EAST ALONG
THE EAST BOUNDARY OF SAID LOT 7, FOR A
DISTANCE OF 93.22 FEET TO THE POINT OF
BEGINNING.
S cT P R-T S ET A ss(Es): 150 NE 14th Street (Folio No. 01 3121 028 0080)
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The West 20 feet of Lot 12, and all of Lot 13, of
COMMERCIAL BILTMORE, SECOND SECTION,
according to the plat thereof, as recorded in Plat Book 12, at
Page 11, of the Public Records of Miami Dade County,
Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND
SECTION, COMMERCIAL BILTMORE 1921, according to
92
Map 1118:
Oak Plaza Twery
the plat thereof, as recorded in Plat Book 12, at Page 11, of the
Public Records of Miami Dade County, Florida.
S cT PRPPERTI- STREET A»ss(Es)• 160 NE 1044 Street (Folio No. 01 3121 028 0060)
Map 1119:
Themas Maier
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND
SECTION, COMMERCIAL BILTMORE 1924, according to
the plat thereof, as recorded In Plat Book 12, at Page 11, of
the Public Records of Miami Dade County, Florida
S cT PRPPERT S EEF A s(E4): 170 NE 1044 Street (Folio No. 01 3121 028 0010)
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Lots 7 and 8, of COMMERCIAL BILTMORE SECOND
SECTION, according to the Plat thereof, as recorded in Plat
Book 12, at Page 11, of the Public Recor'^ of ��^m� Dade
County, Florida.
93
C OPERTv-STREET-APPRESF } 3930 NE 2 Avenue (Folio No. 01 3121 028 0010)
:Parcel 3:
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Lots 1 through 6 inclusive, of SECOND SECTION,
COMMERCIAL BI TrannE 1 1, according to the plat
thereof, as recorded in Plat Book 12, at Page 11, of the Public
Records of Miami Dade County, Florida, and Lots 1 through
1, inclusive, Block 1, and unnumbered Lot East of Lot 1,
Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami Dade
County, Florida, being more particularly described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of a
circular curve, contained within said Lot 3, concave to the
Northwest having a radius of 25 feet and tangents which are
25 feet North of and parallel with the centerline of N.E. 39th
Street and 35 feet West of and parallel with the centerline of
N.E. 2,1th Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BI TrannE 1 1, according •o •he plat
thereof, as recorded in Plat Book 12, at Page 11, of the Public
Records of Miami Dade County, Florida, being more
particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of a
circular curve, contained within said Lot 3, concave to the
Southwest having a radius of 25 feet and tangents which are
33 f et South f and allel w it r 10th
�� xccc nvacxx ox cxxxa�ai 13 tl3e c@}}t@fix}}ie e� -.i✓. ry
Street and 35 feet West of and parallel with the centerline of
N.E. 2,1th Avenue.
94
C OPERTTREET—APPRESF } 201 NE 39th Street (Folio No. 01 3129 012 0010)
Lots 1 and 2 and the 10.00 foot easterly adjacent alley, PLAT
SHOWING RESUBDIVISION OF LOTS 1, 5, 6 & 7 OF
SECOND AMENDED PLAT OF MAGNOLIA PARK,
according to the Plat thereof, as recorded in Plat Book 1, at
Page 150, of the Public Records of Miami Dade County,
Florida.
Map 1122,1128,1129,1130,1131,1132,1133, & 34:—Asi Casa*
SECT PRgp wn- S EEF A s-4s): 60 NE 11' Street (Folio No. 01 3121 021 1390)
56 NE 114 Street (Folio No. 01 3121 021 1100)
12 NE 114 Street (Folio No. 01 3121 021 1110)
31 NE 114 Street (Folio No. 01 3121 021 1120)
90 NE 114 Street (Folio No. 01 3121 021 1360)
81 NE 114 Street (Folio No. 01 3121 021 1370)
80 NE 114 Street (Folio No. 01 3121 021 1380)
81 NE 10t Street (Folio No. 01 3121 027 0130)
Parcel 1:
Lots 1, 5, 6, 7 and 8, Block 9, of BILTMORE, according to
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami Dade County, Florida.
Parcel 2:
Lots 1, 2, and 3, Block 9, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami Dade County, Florida.
Map 1122
SECT PRgp wn- S EEF A s(E4): 81 NE 10t Street (Folio No. 01 3121 027 0130)
:Parcel 3:
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Lots 5, 6, and 7, Block 2, of COMMERCIAL BILTMORE
AMENDED, according to the Plat thereof, as recorded in Plat
Book 6, at Page 67, on the Public Records of Miami Dade
County, Florida
95
Map 1123:
Suttin*
C ER3'Y-S EET-ABB E 95 NE /0544 Street (Folio No. 01 3121 027 0120)
Lots 1, 2, 3 and 1 of Block 2, of Commercial Biltmore
Amended, according to the Plat thereof, as recorded in Plat
Book 6, at page 132, of the Public Records of Miami Dade
County, Florida.
Map-..÷-Resex
SECT PR-egER-T S EEF A s(E4): 151 NE 14th Street (Folio No. 01 3121 027 0060)
Map 1125:
Lots 13 and 11, Block 1 of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the Plat thereof,
as recorded in Plat Book 6, at Page 132, of the Public Records
of Miami Dade County, Florida.
Mosaic/Chatham
C OPERTTREET-APPRESF } 155 NE 1444 Street (Folio No. 01 3121 027 0010)
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Parcel 3A:
Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the plat thereof,
as recorded in Plat Book 6, at Page 132, of the Public Records
of Miami Dade County, Florida.
96
C ER3'Y—S EET-ABB E 175 NE 14 Street (GL) (Folio No. 01 3121 025 0020)
1010 NE 2' Avenue (Folio No. 01 3121 027 0020)
Parcel 9A:
Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION OF
BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according to
the Plat thereof,as recorded in Plat Book 15, at Page 55, of the
Public Records of Miami Dade County, Florida.
Parcel 9B:
Lots 1, and 2, in Block 10, of BILTMORE, according to the
Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami Dade County, Florida.
Parcel 9C:
Lots 2, 3 and 1, in Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat
thereof, as recorded in Plat Book 6, at Page 132, of the Public
Records of Miami Dade County, Florida.
S cT PRPPER-T S EEF A S(E4): 77 NE 11' Street (lot) (Folio No. 01 3121 021 1310)
:Parcel 9E:
Lot 22 and the East'/� of Lot 21, in Block 8, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami Dade County,
Florida.
EC ER'Y'--S'I EEr--ABB sF 110 NE 114 Street (lot) (Folio No. 01 3121 021 1500)
115 NE 114 Street (lot) (Folio No. 01 3121 021 1150)
Parcel 9B:
Lot 8, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami Dade County, Florida.
Parcel 9D:
{29202028.1} 97
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Lots 3 and 1, in Block 7, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami Dade County, Florida.
98
3EC ER3'Y'--S'I EET--ABB E 111 NE 114 Street (Folio No. 01 3121 021 1190)
Map 1137:
Rosen Lot
Parcel 3B:
Lot 7, in Block 10, of BILTMORE SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami Dade County, Florida.
150 NE 144 Street (lot)
Lot 6, in Block 10, of BILTMORE SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami Dade County, Florida.
C OPERTTREET-APPRESF } 158 NE 114 Street (Folio No. 01 3121 021 1170)
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Lot 5 and the West 20 feet of Lot 1, Block 10, BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 6, at Page 67, of the Public Records, Miami Dade
County, Florida, Excepting therefrom the following part of the
West 20 feet of Lot 1: Begin at the Southwest corner of said
Lot 1, Block 10, of the aforesaid BILTMORE
SUBDIVISION; thence East along the South line of said Lot 1
for a distance of 20 feet; thence North parallel with the West
line of said Lot 1 for a distance of 20 feet to a point; thence
Southwesterly along a tangent circular curve having a radius of
20 feet through a central angle of 90 degrees for an arc
distance of 31.42 feet to the Point of Beginning.
99
Map 1139 & ft40: Asi Melaleuca
S1 CT PR€ wn- STREET A»ss(rs)• 53 NE 11 Street (Folio No. 01 3121 021 1320)
61 NE 114 Street (Folio No. 01 3121 021 1330)
acc-ording-t-e-the-Rlat-thereefas-ree-ordecl-in-P-lat--Boali-at
Page 67, of the Public Records of Miami Dade County,
Florida.
S cT PRPPERT S EEF A S(€g): 135 NE 11 Street (Folio No. 01 3121 021 1160)
Map 1144:
FCAA
Lot 5, Block 7, of BILTMORE SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 67, of the
Public Records of Miami Dade County, Florida.
c oPERTTREET-APPRESFE4 150 NE 12 Street (Folio No. 01 3121 021 1550)
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The West 325 feet of that certain tract of land in the city of
Miami-beufided-0144140-1404 Street, on the South
by N.E. 114 Street, on the East by N.E. Second Avenue and on
the West by the East lines of Lots 5 and 6, Block 7,
BI T>`a �a subd sion ho „ by rlat of rwor n
Miami Dade County, in Plat Book 6, at Page 67.
Also known as:
A portion of the West 325 feet of that certain Lot of Land, 132
feet East and West and 201.6 feet North and South, lying
directly East of and adjoining Lots 5 and 6, Block 7, of
BILTMORE, according to the Plat thereof, as recorded in Plat
Book 6 at Page 67 of the P„bl;c Records of Miami_Dade
County, Florida, of said Plat shown as Z.T. MERRITT
HOME, said Lot lying in the Southeast corner of the NE '/ of
the SE'/a of section 21 53 11.
100
Map 1145: 1100/Lee*
S CT PR€ wn- STREET A»ss(rs)• 1100 NE 2 Avenue (Folio No. 01 3121 021 1560)
1200 NE 2144 Avenue (lot) (Folio No. 01 3121 021 0930)
Map #46: 4 1-41
:Parcel 1 A:
The East 107 feet of that certain tract of land 132 feet East and
West by 204.6 feet North and South, lying directly East of and
adjoining Lots 5 and 6, in Block 7, of BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami Dade County, Florida.
Together with nonexclusive easement of ingress, egress,
parking and construction and maintenance of a pedestrian
bridge as set forth in that Reciprocal Bridge Easement and
Parking Agreement, dated July 20, 1988, and recorded August
1, 1988, in Official Records Book 13769, at Page 2966, of the
Public Records of Miami Dade County, Florida.
Parcel 1 B :
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami Dade County,
Florida.
S cT PRPPERT S EEF A S(€g): 1111 NE 2414 Avenue (Folio No. 01 3219 009 0010)
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Tract A and Tract 1, REVISED PLAT OF TRACT "A" AND
BLOCKS 1, 2, 3, 8, 9, 10, 11 AND 12 OF BRENTWOOD,
according to the plat thereof, as recorded in Plat Book 11,
Page 6, of the Public Records of Miami Dade County, Florida,
formerly known as Tract "A" and Lots 1, 2, 3, 1 and 5, Block
1, of BRENTWOOD, according to the plat thereof as recorded
in Plat Book 10, Page 66, of the Public Records of Miami
Dade County, Florida.
101
Map 1147:
1200*
C ePERTTREET-APPRESF } 1200 NE 2' Avenue (lot) (Folio No. 01 3121 021 0930)
Map�Enc. Pagief
Parcel l B :
Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami Dade County,
Florida.
SECT PRgp wn- S EEF A S(E4): 1218 NE 2414 Avenue (Folio No. 01 3121 021 0910)
Lot 2, 3 and 21, Block 6, BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami Dade County, Florida.
Map 1449: 424C4
S CT PRgp wn- S EEF A S(E4): 1210 NE 2414 Avenue (Folio No. 01 3121 021 0950)
Lot 1, less the East 5 feet thereof, in Block 6, BILTMORE,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami Dade County,
Florida.
S CT PRgp wn- S EEF A S(E4): 3800 NE 1 Avenue (Folio No. 01 3121 033 0210)
Map 1151:
Sebastian*
COMM BUENA VISTA PB 11 56 LOTS 2 THRU 11 BLK 2
LOT SIZE 31521 SQ FT OR 21215 1039 0103 3.
C 0PERTTREET-APPRESF } 35 NE 3S Street (Folio No. 01 3121 033 0370)
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Lots 15, 16, 17, and 18 Block 2, COMMERCIAL Buena
Vista, according to the Plat thereof, as recorded in Plat Book
11 at page 56, of the Public Records of Miami Dade County,
Florida.
102
nEs$ nsz.
ST CT PR ER-1A- STREET A»ss(Es)• 3815 NE Miami Court (Folio No. 01 3121 033 0390)
Map tt53: n 1.r . Fio
That portion of Lots 19, 20 and 21 of Block 2,
COMMERCIAL Buena Vista, according to the Plat thereof, as:
recorded in Plat Book 11 at Page 56, of the Public Records of
Miami Dade County, Florida, lying West of the West line of
Lot 6, of Block 2 of BILTMORE COURT, according to
the Plat thereof, as recorded in Plat Book 7, at Page 37, of the
Public Records of Miami Dade County, Florida.
C OPERTTREET-APPRESF> } 50 NE 39th Street (Folio No. 01 3121 029 0150)
Map 1154, 55 & 56: Lydia
All of Lot 7 and Lot 8, less the following described property:
Beginning at the Northeast corner of Lot 8, in Block 2, o f
BILTMORE COURT, according to the Plat thereof, as
recorded in Plat book 7, at Page 37, of the Public Records of
Miami Dade County, Florida; thence run West along the North
line of said Lot 8, a distance of 50.02 feet to the Northwest
,.f said T of 4; thence ru South along the West ime of
Said Lot 8, a distance of 89.30 feet to the Southwest corner of
said Lot 8; thence run East along the South line of said Lot 8,
a distance of 30.92 feet to a point; then run North along a line
parallel with and 30.92 feet East of the West line of said Lot 8,
for a distance of 70.27 feet to a point of curve; thence run
Northerly and Easterly along the arc of a curve having a radius
of 19.15 feet and a central angle of 90 01'53 for an arc
distance of 30.10 feet to the Northeast corner of said Lot 8,
which is the point of beginning, all in Block 2, of BILTMORE
COURT, according to the Plat thereof, as recorded in Plat
Book 7, at Page 27, of the Public Records of Miami Dade
County, Florida.
C OPERTTREET-APPRESF> } 30 NE 3944 Street (Folio No. 01 3121 029 0160)
3810 NE Miami Court (Folio No. 01 3121 026 0220)
3825 N. Miami Avenue (Folio No. 01 3121 029 0170)
Lot 9, less the East 15 feet, and Lots 10 through 13, inclusive,
Block 2, of BILTMORE COURT, according to the Plat
thereof, recorded in Plat Book 7, Page 37, of the Public
Records of Miami Dade County, Florida, less that portion of
Lot 11, Block 2, taken by Eminent Domain pursuant to Final
Judgment under Clerk's File No. 69R 17950, described as
follows:
All that part of Lot 11, Block 2, of "BILTMORE COURT"
which lies within the external area formed by a 25 foot radius
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103
arc, concave to the Southeast, tangent to the North line of said
Lot 11 and tangent to a line that is 10 feet East of and parallel
to the West line of said Lot 11.
AND
Lot 1, less the West 15 feet and Lot 5, Block 3, "CENTRAL
ADDITION BUENA VISTA", according to the Plat thereof,
as recorded in Plat Book 3, Page 191 of the Public Records of
Miami Dade County, Florida.
Map 1157, 58 & 59:
S cT PRPPEln- SHEET A S(€g): 3852 N. Miami Avenue (Folio No. 01 3121 021 0910)
20 NW 39th Street (Folio No. 01 3121 021 0950)
28 NW 39th Street (Folio No. 01 3121 021 0960)
Lot 1 1, Block 6, PRINCESS PARK, according to the plat
thereof as recorded in Plat Book 6, Page 87, of the Public
Records of Miami Dade County, Florida.
Map 1160 & 61: Madonna
S cT PRPPERT SHEET A S(€g): 3900 N. Miami Avenue (Folio No. 01 3121 021 0580)
21 NW 39th Street (Folio No. 01 3121 021 0570)
Lots 22, 23 and 21, in Block 3, of PRINCESS PARK,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 87, of the Public Records of Miami Dade County,
Florida.
S cT PR€ wn- STREET A»ss(rs)• 1100 NE 14 Avenue (Folio No. 01 3121 021 1350)
Lots 23 and 21, LESS the North 16 feet thereof, in Block 8 of
BILTMORE, a subdivision, according to the Plat thereof, as
recorded in Plat Book 6, Page(s) 67, of the Public Records of
Miami Dade County, Florida.
S cT PRPPERT S EEF A S(€g): 1039 NE 1 Avenue (Folio No. 01 3121 021 1510)
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Lot 12, in Block 10, of BILTMORE SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Dade County, Florida, now
know as Miami Dade County, Florida.
104
Note: All Map # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail
Street Special Area Plan Design Concept Book.
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Exhibit "B"
Miami Design District Retail Street SAP Regulating Plan and Design Concept Book
Please refer to Legistar File No. 11 01196ap1 for a copyThe current versions of the Miami
Design District Retail Street SAP Regulating Plan &and Design Concept Book. The
Development Agreement will be considered were approved by the City Commission as a
companion item to the above referenced fileon 2021 under Ordinance No.
. Copies of the Regulating Plan and Design Concept Book approved under this
legislation are on file with the City of Miami and are incorporated herein by reference.
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Dacra Design Moore (Dc1.), LLC
FCAA, LLC
Oak Plaza Associates (Dc1.) LLC
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Exhibit "C"
107
Exhibit "D"
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Document 1 ID
file://C:\Users\mamuial\Desktop\MDDA Retail Street SAP
Amend Restated Development Agmt FINAL
REVISIONS.DOC
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MDDA Retail Street SAP Amend Restated Development
Agmt FINAL REVISIONS
Document 2 ID
file://C:\Users\mamuial\Desktop\Updated Development
Agreement. DOCX
Description
Updated Development Agreement
Rendering set
Standard
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Statistics:
Count
Insertions
618
Deletions
790
Moved from
15
Moved to
15
Style changes
0
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0
Total changes
1438