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HomeMy WebLinkAboutExhibit B - Development Agreement SUBTHIS DOCUMENT IS A SUBSTITUTION. THE ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN CITY OF 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 TINY DANCER ACQUISITIONS, LLC REGARDING APPROVAL OF THE NIIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN AND RELATED DEVELOPMENT OF APPROXIMATELY 22.56 ACRES. THIS AGREEMENT is entered this day of , 2021 by and between 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 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 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 fifteen (15) city blocks containing properties generally bounded on the east by Biscayne Boulevard, south by NE 38th Street, west by North Miami Avenue, and north by NE 40th 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 thearts, high fashion, restaurants, and -a center for creative employment; and 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, the 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 FILE 8725 - EXHIBIT B - DEVELOPMENT AGREEMENT SUB 56264360;2 g 7�Z 3 jkrr / �fzd - iJ /< sec, JC1' 0- (Pd Li , oife,L,t, 87t on 05-27-2021, City Clerk y-eeryt-c-d- rn Ni v a. L = • c U WHEREAS, the City and Developer Parties wish for development of the subject properties °N° to proceed in a manner consistent with the Miami Comprehensive Neighborhood Plan - Cl- ("Comprehensive Plan") and the City's land development regulations; and o • o -0 N WHEREAS, the Developer Parties previously sought, and the City granted, an amendment • N to Future Land Use Map designations within the Comprehensive Plan for selected properties 'E— o 0 within the District from Duplex Residential/Medium Density Multifamily Residential to Medium _ Density Restricted Commercial in order to facilitate redevelopment within the District; and "' ° 0 WHEREAS, a process exists within the City'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; and WHEREAS, on July 26, 2012, the City Commission approved the Miami Design District Retail Street Special Area Plan ("SAP") for a 19.08 acre area in the District under Ordinance 13334, and the City subsequently amended the SAP via the adoption of Ordinance 13414 on October 24, 2013, to include 12 additional parcels for a total area of 21.06 acres; and WHEREAS, Sec. 3.9.1 of Miami 21 requires development within the SAP to occur pursuant to a recorded development agreement between the property owner(s) and the City; and WHEREAS, on February 19, 2013, the Parties and their predecessors in interest recorded a master development agreement for the SAP to 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, at Official Records Book 29314, Page 1880, of the Public Records of Miami -Dade County, Florida ("Master Development Agreement"); and WHEREAS, on 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 2nd 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 41st 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 2 56264360;2 rn N U a 1 L • ra Q Z' County, Florida, and the City Commission approved a companion item approving a separate development agreement with Flagler Holding Group, Inc.; and oar; • O WHEREAS, on , 2021, the City Commission approved amendments to -0 v cu the SAP under Ordinance No. that modified the Regulating Plan and Design Concept Book ▪ N for the SAP to facilitate development of multi -family residential housing and office uses in the ° o District; and N o 0 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 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 clarifications to certain terms and conditions, the Parties seek to amend and restate the Master Development Agreement in its entirety for a second time, pursuant to the procedures for modifications set forth in Section 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 2021 under Ordinance No. referenced above, both of which are attached as Exhibit "B" hereto and incorporated herein by reference ("Regulating Plan and Design Concept Book"); and WHEREAS, 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, 3 56264360;2 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 WHEREAS, the City Commission, pursuant to Ordinance No. , adopted 2021 has authorized the City Manager to execute this agreement upon substantially similar terms and conditions as set forth herein below, and the Developer Parties have been duly authorized to execute this agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein, and effective on the "Effective Date" (defined below), the Master Development Agreement is hereby amended and restated in its entirety for a second time to read as follows: Section 1. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. Section 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof, "hereto" and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; 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 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. 4 56264360;2 0 Section 3. Definitions. Capitalized terms which are not specifically defined herein shall have a the meaning given in Miami 21. "Agreement" means this Second Amended and Restated Development Agreement between City of Miami, Florida and Norwegian Wood Acquisitions, LLC, Oak a) Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200 Associates LLC, Paradise Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita Acquisitions, _0 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. "City" means the City of Miami, a municipal corporation 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 was in effect on the date of recordation of the Master 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 (2019). "Effective Date" is the date of recordation of this 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 date of recordation 5 56264360;2 a 0 0 0 N N 0 0 of the Master Development Agreement, which together comprise the effective land development regulations governing development of the SAP. "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land. "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. "Master Development Agreement" means that certain Amended and Restated Development Agreement for 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. "Retail Developer Party" consists of the Developer Party known as Oak Plaza Associates (Del.) LLC, who is a signatory to this Agreement. "Retail Street Project" means that existing and proposed development within the District and occurring on properties within the SAP denoted on sheet A1.5 of the Miami Design District Retail Street Special Area Plan Design Concept Book. 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 SAP. The Master Development Agreement established the land development regulations that govern 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. 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 Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government Development Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2019). 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. 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 6 56264360;2 U C. v t 0 C 0 rn Ni d C fD co Ni a E 4J 0 0 0 U QJ Statutes (2019). This Agreement shall become effective on the Effective Date and shall constitute a covenant running with the land that shall be binding upon, and inure to, the benefit of the parties, their successors, assigns, heirs, legal representatives, and personal representatives. Section S. 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 Zoning 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. (3) 56264360;2 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. 7 rn N U - Y coC U a,C 4 0- 0 .--i in cO N aJ 132 N ++ L � E Lfl - o C cn 0 0 a) (4) In the event the City amends 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. 2nd 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 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 8 56264360;2 (3) 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. 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, 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 9 56264360;2 rn N o_ 0 rn co a E 0 s_ 0 U a) Y aJ 0 T +J 0 N 0 r; LA 0 0 0 rn Ni C.) d Y = - • C U Q 41 Z. (5) Tree installation. A Developer Party shall install trees opportunistically aN. within the public right-of-way, subject, at all times, to approval by the ° o Department of Public Works. ZS v U +-, A • cv Section 9. Connectivity and Activity within Public Right -of -Way. E o o - o = c (a) Connectivity. A critical element to the success of the Retail Street Project is the N ° ° below -grade connectivity within the public right-of-way along N.E. 41 st Street. The v 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. (b) 56264360;2 The Developer Parties 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. 41' Street serves a public purpose, and further agrees to support the Developer Parties' 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. Construction of encroachments within the Public Right -of -Way. The City finds that the encroachments proposed by the Developer Parties do 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 Developer Parties further covenant to: 10 (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 City's risk manager, naming the City as an additional insured for public liability and property damage. The insurance shall remain in effect for as long as the encroachment(s) exist within the right-of-way. Should the Developer 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 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 date 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 (2019), 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 assessments in existence as of the date of recordation of the Master Development Agreement. 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 A1.4 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. 11 56264360;2 _v 0 t 0 a E item(s) PZ.8 and PZ.9 0 0 U 4! on 05-27-2021, City Clerk rn U d Y With regard to SAP Parcel 9 (i.e. Tuttle (South)) as identified on Page A1.4 of the n Concept Book the Developer Party agrees to meet with representatives of the Bay a, co Point Property Owners and Buena Vista East Historic Neighborhood Association 5 a U not less than fifteen (15) days in advance of submitting any redevelopment site ° N plans for said parcels to the City for processing. v v N. (b) Prohibition on Downzoning. o ,r o (1) The Comprehensive Plan, the Existing Zoning, and this Agreement and Ln 8 0 shall govern the development of the SAP Properties designated a part CV v thereof for the duration of the Agreement. The City's laws and policies adopted after the date 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 (2019) have been made following a public hearing or as otherwise provided herein. (2) Pursuant to s. 163.3233(3), Florida Statutes (2019), 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 (2019). 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 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 40th Street. The maximum number of Alcohol 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, 4-COP, 4-COP SFS or an equivalent license). The number of approved establishments may be increased by amendment to this Agreement. Each Alcohol 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. 12 56264360;2 Each of the Alcohol 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. Section 13. Valet Parking. The Developer Parties established 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 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 applicable Developer Party, or its designee, shall submit an application for review to the City of 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 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. 13 56264360;2 -c a) E N d ro co o_ E v +J O 4- 0 0 a, L rn (a) Job Creation & Employment Opportunities. Generally, the Developer Parties a shall consult with local and/or state economic development entities regarding job _c -o v training and job placement services for area city residents seeking employment Q. opportunities with potential employers which will locate or establish a business _c iN• i within the SAP Area. U a o (1)Construction Employment. The Develo Developer Parties shall use best efforts to 0 P a, ✓ � r--, work with the City in the following areas: .�- N E o .L 0 a. Job Sourcing. The Developer Parties shall require their general • o 0 contractor(s) to use best efforts to work with the City's Miami Works a 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. 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) 56264360;2 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. 14 (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 36th 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. (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 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. (3) 56264360;2 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)(3) 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, 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. 3.14.4(b)(3) o Miami 21, for the square footage comprising the difference between the 10% Open 15 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 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 applicable Developer Parties 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- 16 56264360;2 0 N N N 0 0 0 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, the applicable Developer Parties further agree to design and construct the improvements within the portions of right-of-way fronting on non - SAP Properties along NE 40th and 41' 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 to the Master Development Agreement as 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 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 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 such Developer Parties, to underwrite the initial start- up costs and a portion of the recurring operating costs of a neighborhood crime watch program. (g) 56264360;2 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 17 rn Ni u_ a c related to the FEC Right -of -Way in and over the Greenway Setback, so long as v o these improvements do not affect pedestrian access to the Greenway. a O-- +� cn In the event that a building permit for demolition or redevelopment is obtained as E described above, and there is feasible connectivity to two adjacent portions of the v °u Greenway connected to a larger Greenway system along the FEC Right -of -Way, o the applicable Developer Party(s) shall construct that portion of the Greenway - -a Setback abutting the FEC Right -of -Way. Construction of the Greenway within the Lr) o reserved area shall be consistent with improvements in similar publicly -accessible CD 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 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) Building permits; (4) Certificates of use and/or occupancy; (5) Stormwater Permits; (6) Development of Regional Impact approval, modification or exemption; and (7) 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. 18 56264360;2 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 date 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 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. 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) Every 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 38th and 39th 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 38th 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 19 56264360;2 rn N a_ c co Ni E aJ _O -0 0 U a1 0 a 0 0 I.f) 0 c 0 rn N u Q � U of restrictions to public access, the City Manager, or his or her designee, shall meetco with both parties to discuss the issue and render a determination appealable to the a City Commission regarding the same. An appeal of the determination of the City o Manager may be filed with the Hearing Boards Office within thirty (30) calendar •_ E o days of the City Manager's issuance of the determination to the Retail Developer v °� Party, in accordance with the Notice provisions as stated in Section 20. o N o (d) Every year, commencing on the first annual review after the Effective Date, the cn 0 0 Retail Developer Party shall submit a trip generation analysis for the SAP area as part of the annual review, which must be dated within six (6) months of the annual review. In addition, a trip generation analysis for the SAP area will also be required as part of any new development project submitted via SAP Permit, which exceeds the existing FLR on that particular development site. In the event the trip generation analysis approaches 80% of the capacity of the trip_generations provided in the traffic study prepared by Kimley-Horn and Associates, Inc. dated May 2013, a new traffic study shall be required on a per project basis, in accordance with the requirements for traffic studies as of the Effective Date of this Agreement. (e) 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 shall provide said Developer Party with written notice of any defaults. Said notice shall state the reasons for the default. 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 seek specific performance of this Agreement. 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: 56264360;2 City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 20 With a copy to: To Developer Parties: With copies to: 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 Dacra Design 4141 LLC Half -Circle Property (Del.) LLC Lovely Rita Acquisitions, LLC MDDA Morning Dew, LLC Norwegian Wood Acquisitions, LLC Oak Plaza Associates (Del.) LLC Jungle Plaza, LLC 4200 Associates, LLC Paradise Plaza Associates, LLC Sun King, LLC Tiny Dancer Acquisitions LLC Uptown Girl Development LLC Attn: Craig Robins 3841 NE 2nd Avenue, Ste. 400 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. 21 56264360;2 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 22 56264360;2 U O. a, t 0 c a, E aJ U a 0 r-i N 0 N 0 O rn Ni u a - (I) Agreement shall constitute a waiver of any subsequent breach of the same or any other provision a hereof, and no waiver shall be effective unless made in writing. a, 00 4 N U a d Section 28. Events of Default. ° , E (a) An event of default by any one Developer Party shall not constitute an event of . N default by all Developer Parties and shall not adversely affect the rights of those parties in good standing under this Agreement. _o - 0 0 (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 23 56264360;2 Q persons or circumstances other than those as to which it is held invalid or unenforceable shall not v 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 °J 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 24 56264360;2 PZ.8 and PZ.9 0 w L 0 U _v 0 0 N O 0 0 0 or) v a _ of the City which have the authority or right to review and approve all applications arc for such permits and licenses. a (b) Notwithstanding the foregoing, the City shall not be obligated to issue development c o permits to the extent a Developer does not comply with the applicable requirements v aJ of the Existing Zoning, the Comprehensive Plan, this Agreement and applicable i= N building codes or regulations. E 49- o n O O L � c Section 35. Enforcement. a, (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. 25 56264360;2 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] 26 56264360;2 aJ ++ E rn a 0 0 r-i N 0 N N u, 0 c 0 rn v d v u IN WITNESS hereof the parties have caused this Agreement to be duly entered into and v 00 0 signed as of the date written above. a o ri v N Dacra Design 4141 LLC, E a Delaware limited liability company, by v a) ▪ ▪ N DACRA 4141 MANAGING MEMBER, o uN, INC., a Florida corporation, its Managing oc Member. v, 0 0 Witnesses: v 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 , 2021, by , as of DACRA 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, on behalf of that company. He is personally known to me or who produced as identification. My commission expires: 27 56264360;2 NOTARY PUBLIC, State of Florida Print Name: rn N U Y -c Cr) IN WITNESS hereof the parties have caused this Agreement to be duly entered into and Q r signed as of the date written above. }-� +-, d U Half -Circle Property (Del.) LLC, c a Delaware limited liability company, by v a, MIAMI DESIGN DISTRICT ASSOCIATES .L N MANAGER, LLC, a Delaware limited liability company, its Manager vi o 0 Witnesses: 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 , 2021, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware 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 produced as identification. My commission expires: 28 56264360,2 NOTARY PUBLIC, State of Florida Print Name: U v N v a -0 v IN WITNESS hereof the parties have caused this Agreement to be duly entered into and 0_ >. signed as of the date written above. a o ,--; N MDDA Morning Dew, LLC, a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its Manager Witnesses: 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 0 physical presence or ❑ online notarization, this day of ,2021, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, the Manager of MDDA Morning Dew, LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me or produced as identification. My commission expires: 29 56264360;2 NOTARY PUBLIC, State of Florida Print Name: 4-0 L N 0 o 0 v.) 0 0 U a L CT) N WITNESS hereof theparties have caused this Agreement to be dulyentered into and .� CD - IN g 1RE: 7:3 a, signed as of the date written above. a c u (13 a) Lovely Rita Acquisitions, LLC, a 0 a Delaware limited liability company, by °LnN MDDA SWEET BIRD MANAGER, LLC, a E a o Delaware limited liability company, its N Manager ▪ LA Witnesses: - - 0 - o U 4J By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before by means of 0 physical presence or 0 online notarization, this day of , 2021, by , as of MDDA SWEET BIRD MANAGER LLC, a Delaware limited liability company, in its capacity as Manager of Lovely Rita Acquisitions, LLC. He is personally known to me or produced as identification. My commission expires: 30 56264360;2 NOTARY PUBLIC, State of Florida Print Name: rn N L a IN WITNESS hereof the parties have caused this Agreement to be duly entered into and c signed as of the date written above. v 00 t a Norwegian Wood Acquisitions, LLC, 277) a Delaware limited liability company, by E MDDA SWEET BIRD MANAGER, LLC, a Delaware limited liability company, its E o Manager -o Witnesses: .' o 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 , 2021, by , as of MDDA SWEET BIRD MANAGER LLC, a Delaware limited liability company, in its capacity as Manager of Norwegian Wood Acquisitions, LLC. He is personally known to me or produced as identification. My commission expires: 31 56264360;2 NOTARY PUBLIC, State of Florida 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, Ni U 0 c a cc a, co - 0 c Witnesses: -a a _, E • ▪ o � L 0 Oak Plaza Associates (Del.) 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 , 2021, 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 commission expires: 32 56264360;2 NOTARY PUBLIC, State of Florida Print Name: v L Witnesses: IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. rn N a c13 v co t d o 01 E 4J N +� O � • L cn O U v L 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: 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 , 2021, by as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability company, it its capacity as Manager of Jungle Plaza, LLC. He is personally known to me or produced as identification. My commission expires: 33 56264360;2 NOTARY PUBLIC, State of Florida Print Name: aJ U 0 N 0 N Lri 0 0 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 rn 4200 Associates, LLC, a a Delaware limited liability company, by _ -a v MIAMI DESIGN DISTRICT ASSOCIATES a c MANAGER, LLC, a Delaware limited v 0 liability company, its Manager o E N cu a By: N 1 Print Name: c v) 0 0 cu Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this day of , 2021, by as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability company, it its capacity as Manager of 4200 Associates, LLC. He is personally known to me or produced as identification. My commission expires: 34 56264360;2 NOTARY PUBLIC, State of Florida 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: rn U_ d - 10 a1 U Q >- cu co t N D 4-4 CA_ o E O -0 4/ ) +-, N. +J fV By: - o 0 cn O o Print Name: Paradise Plaza Associates, LLC, a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES 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 by means of 0 physical presence or 0 online notarization, this day of , 2021, by as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability company, it its capacity as Manager of Paradise Plaza Associates, LLC. He is personally known to me or produced as identification. My commission expires: 35 56264360;2 NOTARY PUBLIC, State of Florida 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: rn v a Y Tiny Dancer Acquisitions, LLC, .Q -0 v a Delaware limited liability company, by o. m MDDA STARDUST MANAGER, LLC, a a, 00 u Delaware limited liability company, its o a 771 Manager c a1 +J a--, N +-, L B o y� (./.) o 0 Print Name: u a, Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 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: 36 56264360;2 NOTARY PUBLIC, State of Florida Print Name: IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Sun King, LLC, a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES 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 0 physical presence or 0 online notarization, this day of , 2021, by as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability company, in its capacity as Manager of Sun 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: 37 56264360;2 NOTARY PUBLIC, State of Florida Print Name: PZ.8 and PZ.9 record for item(s) on 05-27-2021, City Clerk cm rNi IN WITNESS hereof the parties have caused this Agreement to be duly entered into and u a. signed as of the date written above. _c -0 a Q rt3 v 4- N LJ a-, d O E o -0N v } N 0lri � ..o c v� o 0 By: v Print Name: Print Name: Title: Uptown Girl Development LLC, a Delaware limited liability company, by MDDA STARDUST MANAGER, LLC, a Delaware limited Liability company, its Manager Witness: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of , 2021, by , as of MDDA STARDUST MANAGER, LLC, a Delaware limited liability company, in its capacity as Manager of Uptown Girl Development LLC. He is personally known to me or produced as identification. My commission expires: 38 56264360;2 NOTARY PUBLIC, State of Florida Print Name: IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. THE CITY OF MIAMI, a municipal corporation of the State of Florida Witness: By: Print Name: Print Name: Title: City Manager Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of , 2021, by , in his/her capacity as City Manager of the City of Miami, a municipal corporation of the State of Florida. He/she is personally known to me or produced as identification. My commission expires: 39 56264360;2 NOTARY PUBLIC, State of Florida Print Name: rn NJ L) v JD72 • CDCO Q s i +� a o ri C v E o v ✓ �_ N +' N 4 L r Q _ o -a v) U0 0 L Exhibit "A" Legal Descriptions of the Property 40 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #1: LAVERNE SUBJECT PROPERTY STREETADDRESS(ES): 90 NE 39th Street (Folio No.: 01-3124-029-0130) SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #2, 3, 4, 5, 6, 7: PALM COURT SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #8: BUICK SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #9: TUTTLE SOUTH 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 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. 3841 NE 2nd Avenue (Folio No.: 01-3219-011-0100) 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 ADDRESS(ES): 3725 Biscayne Boulevard (Folio No.: 01-3219-045-0010) SUBJECT PROPERTY LEGAL DESCRIPTION: 55119264;1 56264360;2 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 formerly described as: 41 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #10: TUTTLE NORTH SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #11, 12: SWEET BIRD SOUTH (f/k/a Norwegian Wood and Casa/Lady Jane) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: 55119264;I 56264360;2 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. 299 NE 38th 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. 92 NE 40th Street (Folio No.: 01-3124-029-0010) 99 NE 39th Street Lots 1, 2 and 3, Block 3, of AMENDED PLAT OF COMMERCIAL BILTMORE 1921, according to the Plat 42 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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. MAP #13, 14: JBL (f/k/a JBL and Hale Daniel) SUBJECT PROPERTY STREET ADDRESS(ES): (Folio No.: 01-3124-030-0090) 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 Subtract A: SUBJECT PROPERTY LEGAL DESCRIPTION: 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 and West of J.W. Wallace Tract, COMMERCIAL BILTMORE, according to the Plat thereof, as recorded in 43 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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/k/a Collins) SUBJECT PROPERTY STREET ADDRESS(ES): 139 NE 39th Street (Folio No.: 01-3124-030-0060) 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 PARTICULARLY DESCRIBED AS FOLLOWS: 44 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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/k/a Loggia) SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 39th Street (Folio No.: 01-3124-030-0050) SUBJECT PROPERTY LEGAL DESCRIPTION: 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 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 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 45 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #17: OAK PLAZA KVA OP 150 (Fendi) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #18: OAK PLAZA OP 160 SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #19: TOMAS MAIER SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #20: MELIN EAST BOUNDARY OF SAID LOT 7, FOR A DISTANCE OF 93.22 FEET TO THE POINT OF BEGINNING. 150 NE 40th Street (Folio No.: 01-3124-028-0080) 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. 160 NE 40th Street (Folio No.: 01-3124-028-0060) 154 NE 40th Street (Folio No.: 01-3124-028-0070) 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. 170 NE 40th Street (Folio No.: 01-3124-028-0040) 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. SUBJECT PROPERTY STREETADDRESS(ES): 3930 NE 2nd Avenue (Folio No.: 01-3124-028-0010) SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1 through 6 inclusive, of SECOND SECTION, COMMERCIAL BILTMORE 1924, according to the plat 46 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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. 2nd Avenue. MAP #21: (NEWTON) SUBJECT PROPERTY STREET ADDRESS(ES): 201 NE 39th Street (Folio No.: 01-3129-012-0010) SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1 and 2 and the 10.00-foot Easterly adjacent alley, 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 47 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #22, 23: (SWEET BIRD NORTH) (f/k/a Asi-Museum Village and Suttin and Lovely Rita) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #24, 25, 26, 27, 35, 36, 37, 38: (BRIDGE NORTH, BRIDGE SOUTH, JADE, MOSAIC, MOORE/GARDEN) (f/k/a Rosen, Mosaic/Chatham, Moore -Garden, Moore, Moore 140, Mosaic Lot, Rosen Lot, Palmer Building) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: 55119264;1 56264360;2 Book 4, at Page 150, of the Public Records of Miami -Dade County, Florida. 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 (Moore/Garden), E (Mosiac) and F (Bridge South) of said Plat formerly having been described as Tracts 10, 11, 14 and a portion of vacated alleys more particularly described as follows: 48 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk (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 N00°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 SOO°00'50"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 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 49 551I9264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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 S00°03119"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. 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 50 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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; 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: 51 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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 S00°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 N00°00106"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. 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 52 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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. MAP #28, 29, 30, 31, 32, 33, 34: MUSEUM GARAGE (f/k/a Asi-Museum Village) SUBJECT PROPERTY STREET ADDRESS(ES): (Folio No.: 01-3124-049-0010) 90 NE 41 st Street 53 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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: SUBJECT PROPERTY LEGAL DESCRIPTION: 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 comer 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. MAP #41, 62: STARDUST WEST (f/k/a Moore 77 and Uptown Girl) SUBJECT PROPERTY STREET 4100 NE 1st Avenue (Folio No.: 01-3124-024-1350) ADDRESS(ES): 54 55119264; I 56264360;2 77 NE 41st Street (Folio no.: 01-3124-024-1340) Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #42, 43, 44: PARADISE PLAZA (f/k/a Moore 115, Scarlet Begonia, Church (FCAA)) SUBJECT PROPERTY STREET ADDRESS(ES): Parcel 1: Lot 22 and the East %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. 115 NE 4lst 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. 41 st 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, 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. 55 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #45: 4100/Lee SUBJECT PROPERTY ADDRESS(ES): 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. STREET 4100 NE 2nd Avenue (Folio No.: 01-3124-024-1560) SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #46: 4141 SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #47: 4200 SUBJECT PROPERTY ADDRESS(ES): The East 107 feet of that certain tract of land 432 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. 4141 NE 2nd Avenue (Folio No.: 01-3219-009-0010) 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. STREET 4200 NE 2nd Avenue (Folio No.: 01-3124-024-0930) SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #49: 4240 55119264;1 56264360;2 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. 56 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk SUBJECT PROPERTY STREET ADDRES S (ES): 4240 NE 2nd Avenue (Folio No.: 01-3124-024-0950) SUBJECT PROPERTY LEGAL DESCRIPTION: 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. MAP #50, 51: CITY GARAGE (f/k/a City Garage, Sebastien) SUBJECT PROPERTY STREET ADDRESS(ES): 3800 NE 1st Avenue (Folio No.: 01-3124-033-0240) 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 Records of Miami -Dade County, Florida MAP #52, 53: PENNY LANE (f/k/a Spear, Always Flowers) SUBJECT PROPERTY STREET ADDRESS(ES): 50 NE 39th Street (Folio No.: 01-3124-029-0150) Parcel 1: SUBJECT PROPERTY LEGAL DESCRIPTION: 57 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 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: 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 58 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #54, 55, 56: LIDIA (f/k/a Lidia) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: 55119264;1 56264360;2 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. And Parcel 4B Lot 4, less the West 15 feet, and Lot 5, Block 3, of CENTRAL ADDITION BUENA VISTA, according to the 59 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk MAP #57, 58, 59: MARCY SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #60, 61: MADONNA SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #63: STARDUST EAST (Tiny Dancer) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: Plat thereof, as recorded in Plat Book 3, at Page 191, of the Public Records of Miami -Dade County, Florida. 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) 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. 3900 N. Miami Avenue (Folio No.: 01-3124-021-0580) 21 NW 39th Street (Folio No.: 01-3124-021-0570) Lots 22, 23, and 24, 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. 4039 NE 1st Avenue (Folio No.: 01-3124-024-1540) 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. 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. 60 55119264;1 56264360;2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Exhibit "B" Miami Design District Retail Street SAP Regulating Plan and Design Concept Book The current versions of the Miami Design District Retail Street SAP Regulating Plan and Design Concept Book were approved by the City Commission on 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. 61 55119264;1 56264360;2 SUBSTITUTED. SECOND AMENDED AND RESTATED DEVELOPMEN AGREEMENT BETWEEN CITY OF 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, LOVEL RITA ACQUISITIONS, LLC, UPTOWN GI DEVELOPMENT LLC, SUN KING, LLC, DACRA DES N 4141 LLC, MDDA MORNING DEW, LLC, AND INY DANCER ACQUISITIONS, LLC REGARDING APP ' OVAL OF THE MIAMI DESIGN DISTRICT RETAIL TREET SPECIAL AREA PLAN AND RELATED DEVE OPMENT OF APPROXIMATELY 22.56 ACRES. This submittal ads to be scheduled for a puboc hearing In accord. - whh b matinee set forth in the City of Miami C...The applicable decision -malting body will review • Information at the pubec hearing to render a recommenviatl on or a final decla on. THIS AGREEMENT is entered this day of , 2021 by and between Norwegian Wood Acquisitions, LLC, Oak Plaza Associates 1 el.) LLC, Jungle Plaza, LLC, 4200 Associates, LLC, Paradise Plaza Associates, LLC, Half-C cle Property (Del.) LLC, Lovely Rita Acquisitions, LLC, Uptown Girl Development, LLC, S King, LLC, Dacra Design 4141 LLC, MDDA Morning Dew, LLC, and Tiny Dancer Ac . , isitions, LLC, Delaware limited liability companies (each, individually, "Developer Party," a► d collectively, the "Developer Parties"), and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("City") (Developer Parties and the City together referreo as the "Parties"). WI ESSETH: WHEREAS, the Miami Design P strict (the "District") spans portions of fifteen (15) city blocks containing properties generally ounded on the east by Biscayne Boulevard, south by NE 381h Street, west by North Miami A nue, and north by NE 40th Street; or properties generally located within the area boundaries • the Miami Design District area ("SD-8") as designated under former zoning Ordinance 11000; : nd serviced by three (3) Miami -Dade Transit routes; and WHEREAS, the Dis ict has recently become an internationally recognized center for furniture design and a bur: • oning home for the arts, high fashion, restaurants, and a center for creative employment; an WHEREAS, e emerging status of the District is consistent with the City's vision to develop a world cla destination for the arts, fashion, and design, and, as such, the City wishes to encourage redeye epment within the District; and WHE ' AS, the development of multi -family residential housing in the District will complement -xisting retail and restaurants, encourage pedestrian activity, and provide additional housing o ions in the urban core proximate to local and regional transportation; and 55119264;1 56264360;1 SUBSTITUTED. WHEREAS, the City and Developer Parties wish for development of the s to proceed in a manner consistent with the Miami Comprehensive Neig ("Comprehensive Plan") and the City's land development regulations; and WHEREAS, the Developer Parties previously sought, and the City granted, a to Future Land Use Map designations within the Comprehensive Plan for selec d prope ies within the District from Duplex Residential/Medium Density Multifamily Resideial to Medium Density Restricted Commercial in order to facilitate redevelopment within the 1 strict; and This submittal nee.. lobe scheduled fora public hearing in accord an M1h timelines set forth in the City of Miami Code. e applicable decision -malting body will review the .rmation at the public hearingto renders ornmendabon or a final decid on. PZ-20-9082 03/02/21 WHEREAS, a process exists within the City's zoning code ("Mia i 21"), known as a "Special Area Plan" or "SAP," which allows parcels of more than nine ) abutting acres to be master planned to allow greater integration of public improvements and frastructure, and greater flexibility so as to result in higher or specialized quality building and s eetscape design; and WHEREAS, on July 26, 2012, the City Commission appro ed the Miami Design District Retail Street Special Area Plan ("SAP") for a 19.08 acre area the District under Ordinance 13334, and the City subsequently amended the SAP via the . doption of Ordinance 13414 on October 24, 2013, to include 12 additional parcels for a total % ea of 21.06 acres; and WHEREAS, Sec. 3.9.1 of Miami 21 requires • evelopment within the SAP to occur pursuant to a recorded development agreement betwee e property owner(s) and the City; and WHEREAS, on February 19, 2013, the Part s and their predecessors in interest recorded a master development agreement for the SAP to i ► element their vision for the District at Official Records Book 28495, Page 558, of the Public Re, ords of Miami -Dade County, Florida, which was subsequently superseded by an Amended an. Restated Development Agreement for the SAP, recorded on September 18, 2014, at Offic, Records Book 29314, Page 1880, of the Public Records of Miami -Dade County, Florida (" aster Development Agreement"); and WHEREAS, on March 12, 20 5, the City Commission approved an amendment to the SAP under Ordinance No. 13505 tha added properties located at 220 NE 43rd Street to the SAP, increasing the total area to appro mately 22.86 acres, and the City Commission approved a companion development agreem t with 4201 NE 2nd Avenue, LLC under Ordinance 13506 for the development of 220 NE 43rf Street pursuant to the SAP, recorded at Official Records Book 29595, Page 4542, of the Pub c Records of Miami -Dade County, Florida; and WHEREAS, on .ril 28, 2016, the City Commission approved an amendment to the SAP under Ordinance No. 13 r 13 that removed properties located at 53-61 NE 41' Street from the SAP, decreasing the total a r - a to approximately 22.56 acres, and the City Commission approved a companion release om the Master Development Agreement under Ordinance No. 13604 that removed 53-61 N. 41' Street from the SAP, as recorded at Official Records Book 30568, Page 918, of the Publi' Records of Miami -Dade County, Florida; and WH ' EAS, on January 24, 2019, the City Commission approved an amendment to the Master De -lopment Agreement under Ordinance No. 13802 which removed Flagler Holding Group, I r c. (owners of 4218 NE 2nd Avenue) from the Master Development Agreement, as recorde,, at Official Records Book 31455, Page 2650, of the Public Records of Miami -Dade 2 55 9264;1 264360;1 SUBSTITUTED. County, Florida, and the City Commission approved a companion item appro development agreement with Flagler Holding Group, Inc.; and WHEREAS, on , 2021, the City Commission approved am the SAP under Ordinance No. that modified the Regulating Plan and Design Con for the SAP to facilitate development of multi -family residential housing and office District; and This submittal needs to be sch In accordance with Smell Miami Coole.The applica reWewthe Information recommen WHEREAS, the Developer Parties also seek to amend the underlyi Agreement, to correct the Developer Parties list, as many of the entities have me the SAP Regulating Plan and Concept Plan attached thereto; and WHEREAS, several of the original Developer Parties: Ben New Moore (Del), LLC, FCAA, LLC, Monte Carlo Associates (Del.), LLC; LLC, Sweet Virginia Acquisitions, LLC, all merged into Oak Plaz reflected in the Certificate of Merger found in Official Record B Public Records of Miami -Dade County, Florida; and es puled bra public hearing set forth in the City of decision -malting bodywill he public hearing to render a on or a final decision. -20-9082 03/02/21 m Development ed, and to update n, LLC, Dacra Design enny Lane Acquisitions, Associates (Del.), LLC, as ok 29662, Page 3958 of the WHEREAS, Oak Plaza Associates (Del.) LLC has co veyed certain parcels of the subject properties to Jungle Plaza, LLC, 4200 Associates, LLC, , nd Paradise Plaza Associates, LLC, respectively, and in connection with such conveyances, h s assigned to the respective grantees its rights under this Agreement with respect to the properti: conveyed to such grantee, and each such grantee has assumed the obligations of Oak Plaza sociates (Del.) LLC under the underlying Development Agreement with respect to the prop- 'y conveyed to it, and each such grantee is a successor Developer Party thereunder; and WHEREAS, both Flagler Holding separate development agreements with the the Developer Parties list to this applicati G r sup, Inc. and 4201 NE 2nd Avenue, LLC, executed ity, as reflected above, and should be removed from n; and WHEREAS, based on all o the foregoing amendments to the SAP and the Master Development Agreement made sine- the SAP was originally approved for the District in 2012, the fact that several Developer Partie ave changed due to successors in interest or mergers, required updates to the current list of par' els that currently make up the SAP as identified on page A1.4 and A1.5 of the Miami Design P. istrict Retail Street Special Area Plan Design Concept Book, as amended (hereinafter, the ":AP Property", "SAP Properties", or "SAP Area" - sketch and legal descriptions of which a attached as Exhibit "A"), and clarifications to certain terms and conditions, the Parties s ek to amend and restate the Master Development Agreement in its entirety for a second time, pu uant to the procedures for modifications set forth in Section 36; and WHERE; S, the City and Developer Parties wish for development within the District to proceed substa , ially in accordance with the Miami Design District Retail Street SAP Regulating Plan and Des _n Concept Book, as most recently modified on 2021 under Ordinance No. referenced above, both of which are attached as Exhibit "B" hereto and incorpored herein by reference ("Regulating Plan and Design Concept Book"); and WHEREAS, lack of certainty in the approval of development can result in a waste of eco omic and land resources, discourage sound capital improvement planning and financing, 3 5119264;1 56264360;1 SUBSTITUTED. escalate the cost of housing and development, and discourage commitment to planning; and WHEREAS, assurance to Developer Parties that they may proceed in acc existing laws and policies, subject to the conditions of a development agreement, stre public planning process, encourages sound capital improvement planning and financ g, assis s assuring there are adequate capital facilities for the development, encourages prive participation This submittal needsscheduled for a public hearing In accordance w. ti metres set forth in the City of MAN Code. The +Nude decision -making body will review the into ation at the pubc hearing to render a recmended on or a finaldecla on. in comprehensive planning, and reduces the economic costs of development; an PZ-20-9082 03/02/21 WHEREAS, the modifications identified above will ensure the co mued vitality of the District, and provide additional employment opportunities for the neighbor ood and region; and WHEREAS, the City Commission, pursuant to Ordinance N 2021 has authorized the City Manager to , adopted ecute this agreement upon substantially similar terms and conditions as set forth herein below . nd the Developer Parties have been duly authorized to execute this agreement upon the terms a d conditions set forth below. NOW THEREFORE, in consideration of the hereinafter contained, the Parties mutually agree and bi effective on the "Effective Date" (defined below), the amended and restated in its entirety for a second time utual covenants and agreements themselves as set forth herein, and ster Development Agreement is hereby read as follows: Section 1. Consideration. The Parties hereb agree that the consideration and obligations recited and provided for under this Agreement •nstitute substantial benefits to both parties and thus adequate consideration for this Agreeme Section 2. Rules of Lei al Constructio For all purposes of the Agreem: t, unless otherwise expressly provided: (a) A defined term has . e meaning assigned to it; (b) Words in the sigular include the plural, and words in plural include the singular; (c) A pronoun i ► one gender includes and applies to other genders as well; (d) The to I, "hereunder", "herein", "hereof, "hereto" and such similar terms shall refer the instant Agreement in its entirety and not to individual sections or artic s; (e) e 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 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. 4 55119264;1 56264360;1 SUBSTITUTED. Section 3. Definitions. Capitalized terms which are not specifically defined h the meaning given in Miami 21. "Agreement" means this Second Amended and Restated Development Agree between City of Miami, Florida and Norwegian Wood Acquisitions, LLC, Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200 Associates LLC, P. adise Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita Acq sitions, LLC, Uptown Girl Development LLC, Sun King, LLC, Dacra Design 41 LLC, MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, IL, regarding approval of the Miami Design District Retail Street Special Area P1. and Related Development. This submittal needs . be scheduled fors public hearing in accordance timelines set forth in the City of Mlaml Code. - appticatte decision -malting body will reslewihe'm. adon at the pubdchearing to render mmendatlon or a final declaon. "City" means the City of Miami, a municipal corporation of e State of Florida, and all departments, agencies and instrumentalities subjet to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive Comprehensive Neighborhood Plan, adopted by the Florida Statutes (2013), meeting the requirement Statutes (2013), Section 163.3178, Florida 163.3221(2), Florida Statutes (2013), which w of the Master Development Agreement. amendments to the Comprehensive Plan r the High Density Multifamily Residenti May 14, 2018, shall apply to Develop "County" means Miami -Dade C Florida. an known as the Miami ity pursuant to Chapter 163, of Section 163.3177, Florida Statutes (2013) and Section in effect on the date of recordation otwithstanding the foregoing, the garding maximum allowed density for designation, having an effective date of ent pursuant to this Agreement. unty, a political subdivision of the State of "Developer Party" means a individual property owner who is a signatory to this Agreement. "Developer Parties" eans the property owners who are signatories to this Agreement. "Development" ► eans the carrying out of any building activity, the making of any material change n the use or appearance of any structure or land, or the dividing of land into thr:- or more parcels and such other activities described in Section 163.3221(4 , Florida Statutes (2019). "Effec ' e Date" is the date of recordation of this Agreement. "E ting Zoning" is (a) Miami 21 Code, April 2012, specifically including the M.mi Design District Retail Street SAP Regulating Plan and Design Concept ook, 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 date of recordation 5 55119264;1 56264360;1 PZ-20-9082 03/02/21 SUBSTITUTED. of the Master Development Agreement, which together comprise the effec development regulations governing development of the SAP. "Land" means the earth, water, and air, above, below, or on the surface includes any improvements or structures customarily regarded as land. This submittal needs to .. scheduled fora puboc hearing In accordanccwhh- alines set forth in the City of Mlaml Code. The a• 'cede decision -ma ItIng body will reslew the Inform .n at the pubec hearing to render reco ended on or a finaldecla on. "Laws" means all ordinances, resolutions, regulations, comprehensive pia ., land development regulations, and rules adopted by a local government affeing the development of land. "Public Facilities" means major capital improvements, including, ► t not limited to, transportation, sanitary sewer, solid waste, drainage, potable w er, educational, parks and recreational, streets, parking and health systems and f cilities. "Property Interest" means any ownership interest in any S - P Property. "Master Development Agreement" means that certa Amended and Restated Development Agreement for the SAP made by and b: ween the Parties, recorded on September 18, 2014, at Official Records Book 29.14, Page 1880, of the Public Records of Miami -Dade County, Florida. "Retail Developer Party" consists of the D- eloper Party known as Oak Plaza Associates (Del.) LLC, who is a signatory to is Agreement. "Retail Street Project" means that exis . g and proposed development within the District and occurring on properties w in the SAP denoted on sheet A1.5 of the Miami Design District Retail Street .ecial Area Plan Design Concept Book. Z-20-9082 03/02/21 Section 4. Purpose. The purpose o this Agreement is for the City to authorize Developer Parties to continue to redevelop the SA Properties pursuant to the SAP. The Master Development Agreement established the land dev lopment regulations that govern development of the SAP Properties, thereby providing the P ies with additional certainty during the development process. This Agreement satisfies the re• rements of Section 3.9.1(f) of Miami 21. Section 5. Intent. Deve %per Parties and the City intend for this Agreement to be construed and implemented so as to : fectuate the purpose of the Miami Design District Retail Street SAP, this Agreement, the Co ' prehensive Plan, Existing Zoning, and the Florida Local Government Development Agreem- t Act, s. 163.3220 - 163.3243, Florida Statutes (2019). Section 6. A. . cabilit . This Agreement only applies to the SAP Properties identified in Exhibit "A." his Agreement shall amend, restate, replace and supersede the Master Development greement in its entirety, and upon recordation of this Agreement the prior Master Developmen Agreement shall be deemed null and void. Section 7 a term Mia by Term of Agreement, Effective Date and Binding Effect. This Agreement shall have f thirty (30) years from the Effective Date and shall be recorded in the public records of -Dade County and filed with the City Clerk. The term of this Agreement may be extended utual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida 6 55119264;1 56264360;1 0 Pu$t., SUBSTITUTED. Statutes (2019). This Agreement shall become effective on the Effective Date and a covenant running with the land that shall be binding upon, and inure to, the bene their successors, assigns, heirs, legal representatives, and personal representatives. Section 8. Permitted Development Uses and Building Intensities. (a) Miami Design District Retail Street SAP Designation. The certain properties as the Miami Design District Retail Street Zoning Atlas of the City, pursuant to the applicable proced Regulating Plan and Design Concept Book are attache 4 4 0 a. OTICE ThIs sub, alneedc to to scheduled for a public hearing in ,rdance wah Umelinen set forth in the City of Mla ®•Cole. The applicable decision -making body will re w the information at the public hearing to render recommendation or a final decision. PZ-20-9082 ��41/4 03/02/21 Qy"/ .6"VIEW CO ty has designated AP on the official es in Miami 21. The as Exhibit "B". In approving the Miami Design District Retail Street SAP, the City has determined that the uses, intensities and densities of developme t permitted thereunder are consistent with the Comprehensive Plan and the Exi ing Zoning. (b) Density, Intensity, Uses and Building Heights (1) As of the Effective Date and pursuan Street SAP, the density and inte consistent with the densities an Zoning. Adjacent and non-adj have unutilized density or unu transect zone ("T6 Propert unutilized FLR ("Remain FLR") to other T6 Prop each individual projec imposed by the S Notwithstanding t aggregate basis ff4 total aggregate surpass the a„ permitted intensity, Aggre ("Tra pro • to the Miami Design District Retail ity proposed for the SAP shall be intensities permitted by the Existing cent parcels within the SAP Area which ized FLR, located within the T6 Urban Core s") may transfer such unutilized density or g Aggregate Density or Remaining Aggregate es within the SAP Area, provided however that on those T6 Properties must comply with the limits Regulating Plan and the Comprehensive Plan. forgoing, density and intensity shall be counted on an r all T6 Properties located within the SAP; such that the density and intensity throughout the T6 Properties shall not regated as -of -right maximum (i.e. base) density and intensity the underlying T6 Properties. Aggregated density and as well as the Remaining Aggregate Density and Remaining to FLR will be tracked via an aggregated rights tracking sheet ing Sheet") and reviewed annually as part of the Annual Review ss as indicated in Section 19. • • • (2) e 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. (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. 7 55119264;1 56264360;1 SUBSTITUTED. (4) In the event the City amends its Comprehensive Plan to pe of densities within a specified area so as to permit densities density limits set forth in a particular Future Land Use nothing herein shall prohibit the Developer Parties from req density transfers within the Miami Design District Retail Street (5) This submittal needs scheduled for a public hearing In accord ante - mednes set forth in the City of Miaml Cote. The -•;Atonic decision -malting body will reslewthe into on at thepubdc hearing to render reco mended on or a final decla on. PZ-20-9082 03/02/21 SAP Properties having an underlying transect designation of 6 Urban Core are eligible to transfer unutilized density or FLR betw- n development sites, up to the maximums set forth in the Regulating P1. . 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 Regulatin. ' lan. (c) Environmental. The City finds that the proposed d- elopment will confer a significant net improvement upon the publicly access .le tree canopy in the area. The City and Developer Parties agree that Develop- Parties will comply with the intent and requirements of Chapter 17 of the City s de, subject to the modification set forth herein, by performing tree replacement within the SAP Area where possible. (1) Off -site replacement trees. Notwi standing the requirements of Sec. 17- 6.(e) of the City Code, where replacement within the SAP Area is not physically possible, any Develr s er Party may enter into an agreement with the City to perform tree repl, cement on public property in the following order of priority: (i) withi he District; (ii) within a one (1) mile radius of the District; or (iii) withi any City park. Particular emphasis shall be paid to replacement along g.. eway corridors within and surrounding the District, specifically N. Mia Avenue, N.E. 2nd Avenue, NE 36th Street, NE 1st Avenue, and Biscay. e Boulevard. Further emphasis shall also be placed on the possible placement of trees within the boundaries of the following neighboring co r munities: (i) Buena Vista Heights; (ii) Buena Vista East; and (iii) Bren • ood. The City further agrees to facilitate the permitting and planting of eplacement trees on all publicly owned property within the aforemen : oned areas and within City parks. The Developer Parties further agree to ork with the residents and representatives of the aforementioned com unities to identify locations for and coordinate the placement of said tree • Each Developer Party undertaking tree replacement off -site for any p. cel of land within the SAP Area shall agree to water, trim, root, prune, race, or undertake any other 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 8 119264;1 56264360;1 (3) SUBSTITUTED. tree replacement for any parcel of land shall agree to w prune, brace, or undertake any other necessary maintena required for trees located within the SAP Area. Each De undertaking any such tree placement within the SAP Area furt warrant each SAP Area tree for a period of one (1) year after ins MIN submittal needs to, scheduled for a puboc hearing In accordance wibialines set forth inthe City of Miami Cote. The a• •Lice Lie decision-mahing body will review the Inform on at the pubc hearing to render reco enclation or a final decision. Z-20-9082 03/02/21 Tree replacement chart. The tree replacement chart below s .11 be used to determine whether a Developer Party has satisfied the t e replacement requirements for any particular parcel of land as set forth 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 s " replacement DBH required (12' inimum tree height) 2"- 3" 2" 4"- 6" 4" 7"- 12" 8" 13"- 18" 12" 19"-24" 1. 25"- 30" 0" 31"- 36" 24" 37"- 42" 28" 43"- 48" 32" 49"- 60" 40" To determine whe er the replacement requirements have been satisfied, calculate the tota sum in inches of the diameter of the trees removed. The size of the rep cement trees diameter at breast height (DBH) must equal the total inch: of replacement DBH set forth in the above chart. Diameter measureme diameter inches botto t shall be rounded up to the nearest inch. If the sum of the f trees to be removed exceeds a total of 60 inches, the additional all be added cumulatively from the top of the chart, down to the of the chart, to calculate the number of DBH for replacement trees. (4) Tr f e species. The chart set forth below shall replace and supersede Chart .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. Re uired total DBH for replacement t es Required minimum number of species 22"- 40" 2 41"- 100" 4 101" or greater 6 9 5511964;1 562r.4360;1 (5) SUBSTITUTED. 4 O a. Tree installation. A Developer Party shall install trees o within the public right-of-way, subject, at all times, to ap Department of Public Works. Section 9. Connectivity and Activity within Public Right -of -Way. 1 n ^ V N. ICE This submittal nee.. to be scheduled fora puboc hearing In eaordance kh ti mellnes set forth in the City of Miami Code. f e appLIca decision -ma king body will reWewthei •rmation at thepubkc hearing to render ommendation or a final decision. PZ-20-9082 03/02/21 4� !EW COV (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 .E. 41st Street. The proposed below -grade connection will facilitate ease • access, minimize pedestrian and vehicular conflicts, and reduce the Retail treet Project's traffic impacts by enhancing internalized traffic circulation, red ing off -site impacts and expanding parking capacity within the District. The Developer Parties recognizes that such Conn: fixity and commercial usage may require approval of other governmental agen es such as Miami -Dade County. The City finds and determines that establishen_ uch connectivity below N.E. 41st Street serves a public purpose, and further ag es to support the Developer Parties' efforts to obtain any authorization to establish such proposed below -grade connection where the approval of another ,overnmental agency may be necessary. The City further finds that the authori tion of such a connection below the public right-of-way shall in no way dimin . access for firefighting apparatus or rescue and salvage operations; diminish tr ffic, transportation and circulation; or adversely impact the advancement of the s ety, health, and general welfare within the City. • Given the public benefits co f ferred upon the City by the below -grade connection beneath N.E. 41st Street a 4 across the public right-of-way, the provisions of Sec. 54-186 prohibiting such .elow-grade encroachment beyond the City's established base building lines sha not apply to the Miami Design District Retail Street SAP. (b) Construction of e roachments within the Public Right -of -Way. The City finds that the encroac ents proposed by the Developer Parties do not unduly restrict the use of the p 4 •lic right-of-way and are an essential element in the construction of the vehic .r underpass below the same rights -of -way. The adoption of this Agreement : all serve to satisfy the requirements set forth in Sec. 55-14(b) of the City Cod • Notw standing the requirements of Sec. 55-14(c) of the City Code, the City agrees to ive any and all claims to payment of a user fee in connection with the co struction of the aforementioned encroachments within the public rights -of -way d 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 Developer Parties further covenant to: 10 5119264;1 56264360;1 SUBSTITUTED. (1) Maintain the below -grade vehicular underpasses and pu accordance with the Florida Building Code and the City Ch (2) Provide an insurance policy, in an amount determined by th manager, naming the City as an additional insured for public property damage. The insurance shall remain in effect for . long as e encroachment(s) exist within the right-of-way. Should he Developer Parties fail to continuously provide the insurance cover e, the City shall have the right to secure similar insurance policy in it name and place a special assessment lien against the owner's abutting p r vate property for the total cost of the premium. (3) This submittal needs . be' scheduled for a puboc hearing in accordance timelines set forth in the City of Miami Code.Th- ppli i decision -making body will rewewtheination at thepubkc hearing to renders m endxlion or a final decision. PZ-20-9082 03/02/21 The Developer Parties shall hold harmless a r 1 indemnify the City, its officials and employees from any claims for d age or loss to property and injury to persons of any nature whatsofver arising out of the use, construction, maintenance or removal of e vehicular underpass and from and against any claims which may aris? out of the granting of permission for the encroachment or any activit performed under the terms of this Agreement. Section 10. Public Facilities. As of the date of ecordation of the Master Development Agreement, the Developer Parties have conducted . 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 required levels of service occasioned by future development within the SAP Area or as a r'sult of the development of the Retail Street Project, such Developer Party or the Retail Dev: oper Party, as appropriate, shall provide such Public Facilities consistent with the timing req rements of s. 163.3180(2)(a), (b) and (c), Florida Statutes (2019), or as otherwise required by apter 13 of the City Code, if applicable. The Developer Parties shall be bound by the Cit impact fees and assessments in existence as of the date of recordation of the Master Development Agreement. Section 11. Project A al. (a) Future D f elopment Review. Future development within the Miami Design District ' etail Street SAP shall proceed pursuant to the processes and in accordance with t • design requirements set forth in the Regulating Plan and Design Concept Boo attached as Exhibit "B". The criteria to be used in a determination regarding w ther future development shall be approved is the proposed development's nsistency 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 A1.4 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. 11 55119264;1 56264360;1 SUBSTITUTED. With regard to SAP Parcel 9 (i.e. Tuttle (South)) as identified on P Concept Book the Developer Party agrees to meet with representat Point Property Owners and Buena Vista East Historic Neighborhoo not less than fifteen (15) days in advance of submitting any redeye plans for said parcels to the City for processing. (b) Prohibition on Downzoning. This submittal needs to • scheduled fors puboc hearing in accordance • melines set forth in the City of Miami Code.The a•.tlwde decision -making body will review theinform • on at the pubkc hearing to renders reco endabon or a final decision. Z-20-9082 03/02/21 (1) The Comprehensive Plan, the Existing Zoning, and thi: Agreement and shall govern the development of the SAP Propertie designated a part thereof for the duration of the Agreement. The Ci f's laws and policies adopted after the date of recordation of the Master D velopment Agreement may be applied to the SAP only if the dete mations required by s. 163.3233(2), Florida Statutes (2019) have bee- made following a public hearing or as otherwise provided herein. (2) Pursuant to s. 163.3233(3), Florida Stat .' es (2019), this prohibition on downzoning supplements, rather than su' plants, any rights that may vest to Developer Parties under Florida or F- deral law. As a result, Developer Parties may challenge any subs quently adopted changes to land development regulations based on . ) common law principles including, but not limited to, equitable estoppe and vested rights, or (b) statutory rights which may accrue by virtue of ' hapter 70, Florida Statutes (2019). Section 12. Alcoholic Beverage Sales. Upon a,proval of this Agreement, pursuant to Chapter 4 of the City Code, two (2) Retail Specialty Ceters are hereby designated for properties within the SAP Area. The Miami Design District '• etail Street SAP Retail Specialty Center North ("Retail Specialty Center North") shall cons .t of all SAP Properties located north of the mid -line of the right-of-way of NE 40th Street any the Miami Design District Retail Street SAP Retail Specialty Center South ("Retail Specialt Center South") shall include properties located south of the mid -line of the right-of-way of NE 40th Street. The maximum number of Alcoho ervice Establishments (as defined in Chapter 4 of the City Code) permitted within each R-. ail Specialty Center shall not exceed five (5) establishments, inclusive of any such establish r ents in existence as of the date of this Agreement, but exclusive of any bona fide, licensed ca s, restaurants, and other establishments where the sale of alcoholic beverages is entirely incid: tal to and in conjunction with the principal use of the sale of food (e.g. bona fide, licensed r- staurants, with a 2-COP, 4-COP, 4-COP SFS or an equivalent license). The number of approveestablishments may be increased by amendment to this Agreement. Each Alcohol Sery e Establishment permitted within the Retail Specialty Center North and the Retail Specia Center South, exclusive of bona fide, licensed cafes, restaurants, and other establishments here the sale of alcoholic beverages is incidental to the principal use of the sale of food, all be permitted pursuant to the requirements of the Miami Design District Street Regu . ting Plan, attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 • f the City Code not in conflict with the provisions of this Agreement. 12 551 'a264;1 56 s4360;1 SUBSTITUTED. 4 0 Q Each of the Alcohol Service Establishments within both the Retail Street SAP Center North and Retail Specialty Center South permitted pursuant to this Se reserved for the benefit of the Retail Developer Party, unless otherwise modified written agreement between the Developer Parties. Section 13. Valet Parking. The Developer Parties established a uniform valet syste the SAP Properties and the District generally. Notwithstanding the limitations set fort, in Sec. 35- 305 of the City Code, a maximum of two (2) valet permits may be issued for the .peration of a valet parking ramp on the same side of the block where the permit applicant is th operator of the uniform valet system. C44'a' NOTIE Section 14. Temporary/Special Events. To the extent governed by of the City of Miami, the City Commission hereby finds and agrees events constitute ancillary uses of the Retail Street Project: event bann openings, holiday sales, outdoor sales, ground breakings, and nei events which the Developer Parties anticipates to exceed (75% maximum permitted occupancy, inclusive of Open and Civic Sp hundred guests, whichever is less, the applicable Developer Pa • application for review to the City of Miami Office of Fi department, if applicable) no less than five (5) working event. The City agrees to complete its review within t the required application to ensure coordination of need impacts due to multiple events occurring within the The City Commission further fin exceed the maximum permitted occupancy of (i) substantially interrupt the s the special event; (ii) substantially diminis (iii) unduly interfere areas contiguo vehicles; (iv) interfere and (v) Notwithstan not require pr • dok This submittal needs to be sch.:uled fora public hearing In accordance whh time r set forth in the City of Miami Code. The amt. • - decision -malting body will reWewiheinformadonhe public hearing to render rec a 'on or a final decla on. os P -20-9082 03/02/2 laws and regulations t the following special s, farmers' markets, grand orhood sales events. For seventy five percent of the ce or (2,100) two thousand one , or its designee, shall submit an and Entertainment (or successor days prior to the date of any such ee (3) working days of the submittal of d City services and avoid possible adverse mediate and surrounding area. t t that the above -listed activities, which shall not e Retail Street Project, will not: e and orderly movement of other traffic contiguous to routine police service levels to the entire community; ith the proper fire and police protection or ambulance service to to the special event as a result of the concentration of persons and ith the movement of firefighting apparatus en route to an emergency call; ent an unreasonable danger to the health and safety of the public. g the requirements of Secs. 62-521, and 62-522, the above -stated activities shall e issuance of a City permit. Sectio 5. Public Benefits. 13 1 �4V coW� 55119264;1 56264360;1 0 Pu814 SUBSTITUTED. 4 0 Q Q (a) Job Creation & Employment Opportunities. Generally, the D shall consult with local and/or state economic development entitie training and job placement services for area city residents seekin opportunities with potential employers which will locate or establis within the SAP Area. (1) Construction Employment. The Developer Parties shall use work with the City in the following areas: NOT CE This submittal needs to . .cheap led for pubic hearing In accordance with ti elines set forth in the City of Mlaml Code. The cep. rde decision -ma ItIng body will revIewthe Inform ,-n at thepublic hearing to renders recom ndabon or a final decision. Z-20-9082 03/02/21 (VIEW COO est efforts to a. Job Sourcing. The Developer Parties shall r. quire their general contractor(s) to use best efforts to work with th- City's Miami Works Initiative or similar program to source job opportunities for both skilled and unskilled laborers seeking ployment opportunities within the construction industry. b. Community Business Enterprise (CBE) Participation. The Developer Parties shall require the general contractor(s) to use best efforts to award a minimum of enty percent (20%) of the direct construction contract costs to s .contractors whose firms are certified by Miami -Dade County as C : Es. c. Local Workforce Partic', ation. The Developer Parties shall require their general contract. (s) to use best efforts to employ a minimum of twenty percent (2►,'/0) of on -site labor from persons residing within the municipal bo daries of the City of Miami. (2) Restaurant and Reta Employment. The Developer Parties anticipate that a significant number of employment opportunities in the culinary and retail sectors will be g. erated within the SAP Area. Developer Parties shall use best efforts to ork with Miami Dade College, through its culinary and retail institu s, or with similar institutions or organizations, in consultation with the C y, to place qualified graduates of such programs in employment opportu •ties within the SAP Area. (3) Hos r tality Employment. The Developer Parties anticipate that a number of; ob opportunities in the hospitality sector will be generated within he SAP rea. 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. 14 55119264;1 56264360;1 4 SUBSTITUTED. (b) Park/Open Space Enhancements. As consideration for certai standards set forth in the City's land development regulations, the D hereby agree to undertake the following improvements: G 0 a. NOT This submittalneeds to be In accordance Veit! h Miami Code. The app reNew the inform., mom CE hedu led bra public hearing -lines set forth in the City of Lie decision -making bodywlll at the public hearing to render a ndabon or a final decia on. Z-20-9082 03/02/21 (1) Woodson Mini -Park Enhancement: The City owns and operates �'Ey mini -park, located at approximately 699 NE 36th Street (Folio •. 01-32 000-0010), consisting of a parcel of land approximately 6,81 sq. ft. in size and any improvements thereon. In consultation with Cit Planning staff and subject to their approval, and that of any other Ci department, the Developer Parties hereby agree to design and co .tract the proposed improvements (e.g. enhanced landscaping, lightin•, fencing, and similar improvements), etc., to the park at their sole cost nd expense within three (3) years of the Effective Date. 4� iEw0:30 (2) Park/Open Space Acquisition: The Develo p • r Parties shall use best efforts to acquire a parcel of land of not less than . ,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 ( 5,114 sq. ft.) twenty thousand square feet of required Open Space. Said arcel of land shall be dedicated to the City as a public park/open space nd improved by the Developer Parties, which improvements shall be co sistent with the design treatment approved by the City for Woodson Mi -Park and incorporate similar elements (e.g. enhanced landscaping, ligh ng, fencing, and similar improvements), etc. The Developer Parties sh 1 complete such acquisition and improvements within three (3) years o he Effective Date. (3) If such acquisition the Developer Par Public Parks an cash contributes less than (2 of Open S complet betwe sub p . ragraph (4) below. not timely completed within period set forth above, es shall be required to make a contribution to the City's • Open Space Trust Fund in an amount equal to the required n contemplated under Sec. 3.14.4(b)(3) of Miami 21 for not ,114 sq. ft.) twenty thousand one hundred fourteen square feet ace or $217,432.34 within three (3) years of the aforementioned n date. The amount of said contribution shall be apportioned each Developer Party in accordance with method set forth in 1 • en S • ace 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, 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. 3.14.4(b)(3) o Miami 21, for the square footage comprising the difference between the 10% Open G• 15 5119264;1 56264360;1 PURL/ (4) SUBSTITUTED. G' 0 a. Space goal and the minimum requirement of 6.5%. The contribution shall not exceed $241,000 for the maximum an of 22,293 sq. ft. of Open Space and shall be apportion Developer Parties in accordance with the method set forth in s (4) below. Apportionment of the Cost of Woodson Mini -Park Park/0 en S ace Ac uisition & 0 en S ace Co improvements and park acquisition referred to in subpar (3) above are called the "Park Contribution' "Contributions"). The cost of the Contributions Developer Party commensurate with the size holdings or total Lot Area, as defined in the Ex with the following formula: qP P P P NO ICE This submittal needs ' be scheduled bra puboc hearing In aocordancewi timelines set forth in the City of Miami Code.Th- . ppli®de decision -making body will reslew the info r ikon at the pubdc hearing to render a rec mended on or a final decision. PZ-20-9082 03/02/21 �b1 E nhancement, ribution: The graphs (1), (2), and (collectively, the all be borne by each f their respective land ting Zoning, in accordance • • [Developer Party Lot Area (sq. ft.) / SAP otal Lot Area (sq. ft.)] * 100 = Developer Party Percentage Contributi • (%). Unless and to the extent that the eveloper Parties otherwise agree by instrument signed by the Devel er Parties and recorded in the Public Records of Miami -Dade County, Florida: (a) the Park Enhancement/Acquisition sh 1 be initiated by the Retail Developer; (b) each Developer Party shall y to the Retail Developer its share of such cost of the Park Enhanceme,'/Acquisition as costs are incurred; (c) Retail Developer shall from t e to time have the right to issue (and record at Retail Developer's op on), certificates indicating the status of any sums due to it for the Park ontribution. Any such sums not paid to the Retail Developer withi en (10) days after such payment is due shall bear interest at the rate of 1: % per annum (but not more than the highest rate permitted by law) and • all constitute a lien on the property within the SAP that is owned by s ch Developer Party from whom such payment is due. i (c) Street Right- i. '-Way Improvements. In order to foster a uniform aesthetic, the Developer P ties or Retail Developer Party, where appropriate, agree that any right-of-w. improvements to the northern half of NE 38th Street, all of NE 39th Street, a • i the southern half of NE 42nd Street between NE 1st and 2nd Avenues, as well as •ght-of-way improvements to NE 1st and 2nd Avenues between NE 38th and 42nd : treets, shall include the entire length of the block, even when SAP Properties on make-up a portion of the block. The applicable Developer Parties shall, at a mimum, improve the right-of-way immediately fronting SAP Properties along E 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- 16 55119264;1 56264360;1 SUBSTITUTED. SAP Properties and which will serve to create a uniform or compl aesthetic within the SAP Area, whether through the adoption of de requiring right-of-way enhancements which complement the improvements proposed by the Developer Parties, solicitation of an a from another governmental body to construct such improvements, appropriate action. In the event the City's best efforts fail to procure ei er funding for or construction of the desired right-of-way improvements within ree (3) years of the Effective Date, the applicable Developer Parties further agr e to design and construct the improvements within the portions of right-of-wa ' fronting on non - SAP Properties along NE 40th and 41st Streets. This submittal needs to te- hedu led for a public hearing In accordancewM a+ Ines set forth in the City of Miami Cede. The app ode decision -ma Xing body Nall[ review theinformatlat the public hearing to render reeonl dadon or a finaldecla on. -20-9082 03/02/21 (d) NE 42nd Street Landscaping Enhancements. As ev enced by the letter of support dated November of 2011 from the Buena Vista . st Historic Neighborhood Association ("Association"), attached to the Master evelopment Agreement as Exhibit "D" the Retail Developer party shall •rk collaboratively with the Association on the final design treatment for the orth wall of the building slated for development on north block within the A P Area, the preliminary design treatment for which is illustrated on pages A..4 and A3.5 of the Design Concept Book, attached hereto as part of Exhibit " ". The Retail Developer Party shall present the final design treatment to the P . nning Director for review and approval, following consultation with the Assoc tion, which review shall be evaluated for consistency with the standards set f•, h in Art. 4, Table 12. This obligation has been satisfied as of the Effective D e. (e) Community Engagement. ' onsistent with the expressed will of the City Commission, the Developer P. rty shall not less than on a quarterly basis meet with the designated representat ' es of each of the following associations: (i) Buena Vista Heights Homeo ners Association; (ii) Buena Vista East Historic Neighborhood Associa on; and (iii) Brentwood Neighborhood Association. (f) Community Cri Watch Program. The Developer Parties agrees to provide the Buena Vista . eights Neighborhood Association, Inc. (the "BVH Association") a one-time gra , in amount requested by the BVH Association and memorialized in a separate greement with such Developer Parties, to underwrite the initial start- up costs a i a portion of the recurring operating costs of a neighborhood crime watch pr•gram. (g) FEC ' 'ght Of Way Improvements. In the event that one or more of the SAP Pr• • erties fronting the Florida East Coast Railway right-of-way ("FEC Right -of - ay") obtains a building permit for demolition or redevelopment, the applicable eveloper 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 17 55119264;1 56264360;1 SUBSTITUTED. related to the FEC Right -of -Way in and over the Greenway Setb these improvements do not affect pedestrian access to the Greenwa In the event that a building permit for demolition or redevelopment is described above, and there is feasible connectivity to two adjacent por Greenway connected to a larger Greenway system along the FEC the applicable Developer Party(s) shall construct that portion of Setback abutting the FEC Right -of -Way. Construction of the Gre reserved area shall be consistent with improvements in similar areas throughout the District, including landscaping and other Parties reserve the right to utilize the area below the Green grade building infrastructure, improvements, and other si Section 16. Local Development Permits. (a) The development of the SAP Property in accord contemplated by Developer Parties. Redevelo require additional permits or approvals from government and any division thereof. S approvals, the City shall make a good fa cooperate with and facilitate all such ap limitation, the following approvals a approvals and permits: This submittal needs In accordance Miami Code.The reWewthe lnb rec scheduled bra public hearing matinee set forth in the City of plies Lie decision -malting bodywlll n at the public hearing to render a mendedon or a final decIW on. PZ-20-9082 03/02/21 •ght-of- `►ay, e Greenway way within the blicly-accessible menities. Developer y Setback for below - liar uses. ce with the Existing Zoning is ment of the SAP Property may e City, County, State, or Federal ject to required legal process and effort to take all reasonable steps to royals. Such approvals include, without permits and any successor or analogous (1) Subdivision plat and/or . fiver of plat approvals; (2) Covenant or Unity o itle acceptance or the release of existing unities or covenants; (3) Building permi (4) Certificates (5) f use and/or occupancy; Stormw. er Permits; (6) Dev= opment of Regional Impact approval, modification or exemption; and (7) y other official action of the City, County, or any other government agency having the effect of permitting development of the SAP Property. (b) In e event that the City substantially modifies its land development regulations garding 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. Sec on 17. Necessity of Complying with Local Regulations Relative to Development Permits. 18 5119264;1 56264360;1 SUBSTITUTED. 4 O a. The Developer Parties and the City agree that the failure of this Agreement to add permit, condition, fee, term, license, or restriction in effect on the date of recordatio Development Agreement shall not relieve the Developer Parties of the necessity of c the regulation governing said permitting requirements, conditions, fees, terms, restrictions. Section 18. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it development of the SAP Property in accordance with the Ex Comprehensive Plan and the Agreement. NOTI This submibal needs to be ached r d for a public hearing In accordance with bmelin::: et forth in the City of Miami Cede. The appliccade ec-mahing body will reslewthe Information at - public hearing to render a mend ' ora final decia on. PZ 0-9082 A":4, 03/02/21 EW Cps all permit the ing Zoning, the (b) Nothing herein shall prohibit an increase in the density or i ' ensity of development permitted in the SAP Area in a manner consistent wit, (a) the Existing Zoning and/or the Comprehensive Plan, (b) any zoning chant- subsequently requested or initiated by a Developer Party in accordance with a , •licable provisions of law or (c) any zoning change subsequently enacted by the City. (c) The expiration or termination of this Agreem t shall not be considered a waiver of, or limitation upon, the rights, including, e t not limited to, any claims of vested rights or equitable estoppel, obtained o held by any Developer Party or its successors or assigns to continue devel• ,ment of the SAP Property in conformity with Existing Zoning and all active p or and subsequent development permits or development orders granted by the . ty. Section 19. Annual Review. (a) The City shall review the de lopment that is subject to this Agreement once every twelve (12) months, com f encing twelve (12) months after the Effective Date, through the expiration o termination of this Agreement. The City shall begin the review process by givi- g notice to Developer Parties, a minimum of thirty (30) days prior to the anniverry date of the Agreement, of its intention to undertake the annual review of is Agreement. Copies of such annual review shall be provided to the Develope ' arties. (b) Any inform limited t Develo Agree ion required of a Developer Party during an annual review shall be that information necessary to determine the extent to which the r Party is proceeding in good faith to comply with the terms of this ent. • (c) Every 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 38th and 39th 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 38th Street via the 19 55119264;1 56264360;1 SUBSTITUTED. 4 0 tt- Q. cross -block pedestrian passages. In the event of a dispute bet Developer Party and the City Planning Director regarding the reduct of restrictions to public access, the City Manager, or his or her desig '. with both parties to discuss the issue and render a determination appe City Commission regarding the same. An appeal of the determination o Manager may be filed with the Hearing Boards Office within thirty (30) days of the City Manager's issuance of the determination to the Retail Party, in accordance with the Notice provisions as stated in Section 20. ` sV NOTIC This submittal needs to be scheduled a public hearing In accordance with timelines set f. hin the City of Miami Code. The applicable decis -making body will reslewthe information at the pu c hearing to render s recommendation or final decision. PZ-2 S • 082 0 a/02/21 p 4� b,EW COV lens ar eveloper Rr (d) If the City finds, on the basis of competent substantial evide ' e, that a Developer Party has not proceeded in good faith to comply with the to r s of the Agreement, the City shall provide said Developer Party with written no ce of any defaults. Said notice shall state the reasons for the default. Upon r ceipt of such notice, the Developer Party shall have thirty (30) days to cure the • efault, or such longer period of time as may reasonably be required to cure the de.'ault if the default by its nature cannot be cured within thirty (30) days; provid:i, however, that the Developer Party commences certain acts within thirty (30) • .ys and diligently pursues the cure thereafter. Should the Developer Party fai to cure within the aforementioned period, the City may seek specific perform. ce of this Agreement. Section 20. Notices. (a) All notices, demands and requests shall, except as otherwise expr personal service or sent by Unit requested, postage prepaid, Express, to the parties at t this Agreement shall be taken hereunder whic shall be deemed to thereafter which s To the City: W a copy to: •- ich may or are required to be given hereunder sly provided, be in writing and delivered by States Registered or Certified Mail, return receipt r by overnight express delivery, such as Federal addresses listed below. Any notice given pursuant to emed given when received. Any actions required to be • • I fall on Saturday, Sunday, or United States legal holidays e performed timely when taken on the succeeding day 11 not be a Saturday, Sunday or legal holiday. 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 20 5119264;1 56264360;1 To Developer Parties: With copies to: (b) Any Party to this written notificati this section. SUBSTITUTED. Planning & Zoning Director City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 Dacra Design 4141 LLC Half -Circle Property (Del.) LLC Lovely Rita Acquisitions, LLC MDDA Morning Dew, LLC Norwegian Wood Acquisiti• s, LLC Oak Plaza Associates (De LLC Jungle Plaza, LLC 4200 Associates, LLC Paradise Plaza Asso r sates, LLC Sun King, LLC Tiny Dancer A .. uisitions LLC Uptown Girl G evelopment LLC Attn: Cr. g Robins 3841 N2nd Avenue, Ste. 400 Mia FL 33137 Akerman LLP Attn: Neisen O. Kasdin, Esq. 1 SE 3rd Avenue, 25th Floor Miami, FL 33131 This submitlal needs to tea -duled for a puboc hearing In accordanrcwhhtim- es set forth in the City of Miami Cede. The applies. a decision -making body will rodew the informedo =t the pubdc hearing to render a recommer ea on or a finaldecla on. Pi-20-9082 03/02/21 reement may change its notification address(es) by providing to the remaining parties pursuant to the terms and conditions of (c) Upon the o ' currence of any event of default by any Developer Party, as described in Sectis 28, or a determination by the City that a Developer Party has not procee' ed in good faith to comply with the terms of this Agreement, as described in S tion 19, the City shall provide written, courtesy notice of said default to each no ' -defaulting Developer Party. Said notice shall identify the name of the faulting party, the address of the subject property(ies), and specify the default. Section 21. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agree. 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 actio , at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any pro ision hereof shall be instituted only in the courts of the State of Florida or federal courts and v' ue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. 21 55119264;1 56264360;1 SUBSTITUTED. In addition to any other legal rights, the City and Developer Parties shall each h specific performance of this Agreement in court. Each party shall bear its own Each party waives any defense, whether asserted by motion or pleading, that the a courts are an improper or inconvenient venue. Moreover, the parties consent to jurisdiction of the aforementioned courts and irrevocably waive any objections to said ju The parties irrevocably waive any rights to a jury trial. This submittal needs to be sc, -doled bra pubic hearing in ccordancewrth time' es set forth in the City of Miami Code. The applir, • e decision -malting body will review theintormatio the public hearing to render recornme ad on or a final decla on. P -20-9082 03/02/21 Section 22. Voluntary Compliance. Developer Parties and the City agree that n the event all or any part of this Agreement is struck down by judicial proceeding or preemp ed by legislative action, Developer Parties and the City shall continue to honor the terms an conditions of this Agreement to the extent allowed by law. Section 23. No Oral Change or Termination. This Agreement and t exhibits and appendices appended hereto and incorporated herein by reference, if any, cons tute 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 e subject matter hereof, and no change, modification or discharge hereof in whole or in part shbe effective unless such change, modification or discharge is in writing and signed by the par against whom enforcement of the change, modification or discharge is sought. This Agree ► ent cannot be changed or terminated orally. Section 24. Compliance with Applicable Law. Agreement, throughout the Term of this Agreement all applicable federal, state or local laws, rul administrative orders, permits, policies and p respective Parties' obligations and performan from time to time. bject to the terms and conditions of this eveloper Parties and City shall comply with , regulations, codes, ordinances, resolutions, cedures and orders that govern or relate to the under this Agreement, all as they may be amended Section 25. Representations; Repre•-ntatives. Each party represents to the others that this Agreement has been duly authorize, delivered and executed by such party and constitutes the legal, valid and binding obligation •f such party, enforceable in accordance with its terms. Section 26. No Exclusive ' medies. No remedy or election given by any provision in this Agreement shall be deemeexclusive unless expressly so indicated. Wherever possible, the remedies granted hereund upon a default of the other party shall be cumulative and in addition to all other remedies at w or equity arising from such event of default, except where otherwise expressly provided. Section 27. Fai re to Exercise Rights not a Waiver: Waiver Provisions. The failure by any party to prompt ; exercise any right arising hereunder shall not constitute a waiver of such right unless otherw e expressly provided herein. No waiver or breach of any provision of this Agreement all constitute a waiver of any subsequent breach of the same or any other provision hereof, ant no waiver shall be effective unless made in writing. Sectio 28. Events of Default. 22 55119264;1 56264360;1 0 Puet/ SUBSTITUTED. An event of default by any one Developer Party shall not consti default by all Developer Parties and shall not adversely affect the parties in good standing under this Agreement. 4 0 a. A Developer Party shall be in default under this Agreement if Develop to perform or breaches any term(s), covenant(s), or condition(s) of th. which breach is not cured within thirty (30) days after receipt of w the City specifying the nature of such breach; provided, however, cannot reasonably be cured within thirty (30) days, then Deve be in default if it commences to cure such breach within diligently prosecutes such cure to completion. NO ICE This submittal need. . Ix scheduled bra public hearing In accordance timelines set forth in the City of Miami Code. appli l o decision -making body Nall[ review thein, anon at the public hearing to render rnmendation or a final decision. PZ-20-9082 03/02/21 414/ ,EW CO, Agreemen , en notice from at if such breach per Party shall not hirty (30) days and (c) The City shall be in default under this Agreement if . e City fails to perform or breaches any term(s), covenant(s), or condition(s) .f this Agreement and such failure is not cured within thirty (30) days followi receipt of written notice from any Developer Party specifying the nature of suc ' breach; provided, however, that if such breach cannot reasonably be cured with. thirty (30) days, the City shall not be in default if it commences to cure suc .reach within thirty (30) days and diligently prosecutes such cure to completi (d) It shall not be a default under this Agr- ment if any party is declared bankrupt by a court of competent jurisdiction. All ghts and obligations in this Agreement shall survive such bankruptcy of either . arty. The parties hereby forfeit any right to terminate this Agreement upon t bankruptcy of the other party. (e) The default of a successor or signee of all or any portion of any Developer Parry's rights hereunder shall not b deemed a default by such Developer Party. Section 29. Remedies U on Defaul (a) Neither party may to mate this Agreement upon the default of the other party, but shall have all of t remedies enumerated herein. (b) Upon the occ within the a party may perform injunc Section 30. to any person unenforceable persons or c be affecte ence of a default by a party to this Agreement which is not cured licable grace period, Developer Parties and the City agree that any eek specific performance of this Agreement, and that seeking specific ce shall not waive any right of such party to also seek monetary damages, e relief, or any other relief other than termination of this Agreement. PO Se erabilit . If any term or provision of this Agreement or the application thereof circumstance shall, to any extent, hereafter be determined to be invalid or the remainder of this Agreement or the application of such term or provision to cumstances other than those as to which it is held invalid or unenforceable shall not thereby and shall continue in full force and effect. • Sectio 31. Assignment & Transfer. This Agreement shall be binding upon each Developer Part, and its heirs, successors and assigns, including the successor to any Property Interest. Each D: eloper Party, in its sole discretion, may assign, in whole or in part, this Agreement or any of 23 55119264;1 56264360;1 SUBSTITUTED. its rights and obligations hereunder, or may extend the benefits of this Agreemen of a Property Interest without the prior written consent or any other approval of th of any assignment shall be provided to the City in accordance with the requirements Any such assignee shall in writing in a legal form acceptable to the City Attorne applicable rights and obligations under this Agreement, and upon such assumption, the party shall be released from all obligations assumed by such assignee. Section 32. Obligations Surviving Termination Hereof. Notwithstanding and any contrary term or provision contained herein, in the event of any lawful to Agreement, the following obligations shall survive such termination and contin effect until the expiration of a one year term following the earlier of the e termination or the expiration of the Term: (i) the exclusive venue and ch contained herein; (ii) rights of any party arising during or attributabl expiration or earlier termination of this Agreement, and (iii) any othe which expressly indicates either that it survives the termination or be applicable or effective beyond the expiration or permitted early Section 33. Lack of Agency Relationship. Nothing cont establishing an agency, partnership or joint venture relation Parties and neither Developer Parties nor its employ divisions, affiliates or guests shall be deemed agents, in of the City for any purpose hereunder, and the City, not be deemed contractors, agents, or employees divisions or affiliates. This submittal needs to be ached In accordance with ti melinee Miami Code. The appli®de realewlhe Informadon all recommended d fora public hearing forth in the City of -making body will public hearing to render a r a finaldeciaon. 0-9082 3/02/21 p , vailing over ination of this in full force and ective date of such ce of law provisions to the period prior to term or provision herein iration hereof or is or may ermination hereof. ed herein shall be construed as ip between the City and Developer s, agents, contractors, subsidiaries, mentalities, employees, or contractors contractors, agents, and employees shall of Developer Parties or their subsidiaries, Section 34. Coo . eration• Ex . edited Permit n ' and Time is of the Essence. (a) The Parties agree to cooper. e with each other to the full extent practicable pursuant to the terms and conditio ► of this Agreement. The Parties agree that time is of the essence in all aspects o their respective and mutual responsibilities pursuant to this Agreement. The C shall use its best efforts to expedite the permitting and approval process n an effort to assist Developer Parties in achieving its development anconstruction milestones. The City will accommodate requests from Develop-, Parties' general contractor and subcontractors for review of phased or multiple •ermitting packages, such as those for excavation, site work and foundatio ., building shell, core, and interiors. In addition, the City will designate an indiv ival within the City Manager's office who will have a primary (though not exclus e) duty to serve as the City's point of contact and liaison with Developer Part s in order to facilitate expediting the processing and issuance of all permit and li nse applications and approvals across all of the various departments and offices f the City which have the authority or right to review and approve all applications for such permits and licenses. 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. 24 55119264;1 56264360;1 SUBSTITUTED. Section 35. Enforcement. In the event that a Developer Party, its successors and/or assigns accordance with the terms of the Existing Zoning, the City shall seek of said violation upon the property(ies) within the SAP owned by sue Party as applicable. This submittal needs " be scheduled for a public hearing In eccortiance timelines set forth in the City of Miami Code. -RI ppli a decision -ma king body will redew the info Edon at thepubkc hearing to render mendetlon or a final declaon. PZ-20-9082 03/02/21 Enforcement of this Agreement shall be by action against any . arties or person violating, or attempting to violate, any covenants set forth in th. Agreement. Each party to any such action shall bear their own attorney's fees. This enforcement provision shall be in addition to any ot er remedies available at law, in equity or both. Section 36. Amendment or Termination by Mutual Consent. his Agreement may not be amended or terminated during its term except by mutual agree - nt of a Developer Party and the City. Prior to any amendment or termination of this Agreemen during its term, the City shall hold two public hearings before the City Commission to con der and deliberate regarding such amendment or termination. Section 37. Third Party Defense. City and Deve expense, vigorously defend any claims, suits or de challenging the Agreement or the Project, or obje limitation, (i) a consistency challenge pursuant t petition for writ of certiorari, (iii) an action fo damage, liability, or expense (including rea shall promptly give the other written notice threatened, and all responses, filings, an per Parties shall, at their own cost and ands brought against them by third parties ing to any aspect thereof, including, without ection 163.3215, Florida Statutes (2013), (ii) a declaratory judgment, or (iv) any claims for loss, nable attorneys' fees). City and Developer Parties f any such action, including those that are pending or leadings with respect thereto. Section 38. No Conflict of Interes . Developer Parties agree to comply with Section 2-612 of the City Code as of the Effective D , te, with respect to conflicts of interest. Section 39. No Third -Part : eneficia . No persons or entities other than Developer Parties and the City, their heirs, pe •tted successors and assigns, shall have any rights whatsoever under this Agreement. Section 40. Counte . rts. This Agreement may be executed in two or more counterparts, each of which shall constit e an original but all of which, when taken together, shall constitute one and the same agreemen Section 41. e (a) Upon request from time to time by any Developer Party or its successors and/or as gns, or any holder of a mortgage on any SAP Property owned by a Developer Party, te 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 25 55119264;1 56264360;1 SUBSTITUTED. and/or assign is not current in its obligations or such obligations are not sati shall state the particular manner in which such person's obligations under are not current and in good standing or have not yet been satisfied. No othe than a Developer Party (including its successor or assign), or a mortgagee Property owned by such a Developer Party, may request or rely upon such an es This submittal needs to be.. eau led for a public hearing in accordance with h Ines set forth in the City of Mlaml Code. The appl- de decision -malting body will reslewthe Infor matl. at the public hearing to render a moomm: dation or a final decla on. -20-9082 03/02/21 (b) Within thirty (30) days of receipt of written request from a Develope Party or its successor or assign or the holder of a mortgage on any SAP Property owne. .y 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 reaso ably acceptable to the City Attorney, affirming the Developer Party's compliance with t- e conditions set forth in the Agreement. Should the City fail to execute the requested es oppel certificate within the aforementioned time period, the City's non -response shall b= presumed to indicate the Developer Party's compliance with the terms of the Agreeme No other person other than a Developer Party (includin: its successor or assign), or a mortgagee of any SAP Property owned by such a Dev- oper Party, may request or rely upon such an estoppel. NOW, THEREFORE, the City and Developer ' arties have caused this Agreement to be duly executed. [Signature blocks for Ci and Developer Parties] 26 55119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE The foregoing instrument was or 0 online notarization, this of DACRA behalf of that corporation in i Delaware limited liability co who produced My commission expire 55119264;1 56264360;1 Z-20-9082 03/02/21 Dacra Design 4141 LLC, a Delaware limited liability co DACRA 4141 MANAGING EMB INC., a Florida corporation, is Managing Member. This submitlal needs to scheduled fora puboc hearing MiamccordancewM1h. Clines set forth in the City of i Code. The a... icade decision -making bodywlll review the informon at the public hearing to render e reco endati on or a final decision. By: Print Name: Title: cknowledged before me by means of 0 physical presence day of , 2021, by , as 141 MANAGING MEMBER, INC., a Florida corporation, on capacity as Managing Member of Dacra Design 4141 LLC, a pany, on behalf of that company. He is personally known to me or as identification. 27 NOTARY PUBLIC, State of Florida Print Name: SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrumen or 0 online notarization, thi of MIAM limited liability company liability company, on My commission e; sires: 55119264;1 56264360;1 Half -Circle Property (Del.) LL a Delaware limited liability ' om MIAMI DESIGN DISTRICT SSOCIA MANAGER, LLC, a ! laware limited liability company, its Manager This submittal n= ds to be scheduled fora public hearing in accords wM1htimebnes set forth In the City of Miami Cody a applicable decision -ma ItIng body will relewthnformadon at the public hearing to render a recommendation or a final decla on. By: Print Name: Title: as acknowledged before me by means of 0 physical presence day of , 2021, by , as ESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware he Manager of Half -Circle Property (Del.) LLC, a Delaware limited ehalf of that company. He is personally known to me or produced as identification. 28 NOTARY PUBLIC, State of Florida Print Name: SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE Z-20-9082 03/02/21 MDDA Morning Dew, LLC, a Delaware limited liability co MIAMI DESIGN DISTRICT A OCIA MANAGER, LLC, a Del. , are limited liability company, its Mana_ f r This submi lal needs to scheduled bra puboc hearing in ccordancewrnelines set forth in the City of Mlaml Code. The . .11wde decision -malting body will review the Info n atthe pubchearing to render reco endedon or a finaldeclaon. By: Print Name: Title: The foregoing instrument was ack owledged before me by means of 0 physical presence or 0 online notarization, this I y of ,2021, by , as of MIAMI DESIGN aISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, the Mana:er of MDDA Morning Dew, LLC, a Delaware limited liability company, on behalf of that , ompany. He is personally known to me or produced as identific tion. My commission expires: 29 NOTARY PUBLIC, State of Florida Print Name: 5 19264;1 264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was or 0 online notarization, this of MDDA S company, in its capacity as Ma to me or produced , 4 0 Q. Lovely Rita Acquisitions, LL a Delaware limited liability MDDA SWEET BIRD MANA Delaware limited liability Manager By: Print Name: Title: co NO CE This submittal needs to • scheduled for a puboc hearing in accordance wt dunes set forth in the City of Miami Code. The aIwde decision -malting body Nall[ review the Inform on at the pubdc hearing to render reco ended on or a finaldecla on. ^r. 4� 1/1 EW CO�Q Z-20-9082 03/02/21 R,LL ,a ompany, its cknowledged before by means of 0 physical presence day of , 2021, by , as EET BIRD MANAGER LLC, a Delaware limited liability ger of Lovely Rita Acquisitions, LLC. He is personally known as identification. My commission expires: 30 NOTARY PUBLIC, State of Florida Print Name: 55119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was or 0 online notarization, this of MDDA SW company, in its capacity as Ma known to me or produced My commission expires: This submittal needs to be schedu in accordance wthfimehnee Ham Code.The applicable reWew the Information al t recommended d fora public hearing forth in the City of ision-makIng body will public hearing to render a or a finaldeciaon. 0-9082 3/02/21 LL ,a pany, its Norwegian Wood Acquisiti a Delaware limited liability com MDDA SWEET BIRD MANAGE Delaware limited liability co Manager By: Print Name: Title: a nowledged before me by means of 0 physical presence day of , 2021, by , as ET BIRD MANAGER LLC, a Delaware limited liability ger of Norwegian Wood Acquisitions, LLC. He is personally as identification. 31 NOTARY PUBLIC, State of Florida Print Name: 5.119264;1 6264360;1 0 PUBS, SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrument or 0 online notarization, this of MIA Delaware limited liability c LLC. He is personally kn • My commission expire • 4 O a. Oak Plaza Associates (Del.) L a Delaware limited liability c MIAMI DESIGN DISTRICT MANAGER, LLC, a De liability company, its Man. er By: Print Name: Title: NO ICE This submittal needs be scheduled fora public hearing in accordance timebnes set forth In the City of Miami Code.Th- . ppllwde decision -making body will review the lnation al the pubkchearing to render mmendati on or a final decla on. PZ-20-9082 03/02/21 4'1/4N 41/4 •°Pt EWCOs- SOCIA ware limited w . s acknowledged before me by means of 0 physical presence day of , 2021, by , as I DESIGN DISTRICT ASSOCIATES MANAGER LLC, a pany, it its capacity as Manager of Oak Plaza Associates (Del.) n to me or produced as identification. 32 NOTARY PUBLIC, State of Florida Print Name: 55119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrument was ac or 0 online notarization, this as of MIAMI Delaware limited liability comp personally known to me or prod My commission expires: nil, NO ICE This aubrnttalneeds scheduled for a puboc hearing in accordance w- timelines set forth in the City of Miami Code.Th- . •ptica tie decision -malting body will review the into adon at the pubdc hearing to render a redmended on or a finaldecla on. A Jungle Plaza, LLC, '9 a Delaware limited liability comp REy MIAMI DESIGN DISTRICT A: SOCIA MANAGER, LLC, a Del ware limited liability company, its Manager By: Print Name: Title: PZ-20-9082 03/02/21 4� IEW COV owledged before me by means of 0 physical presence ay of , 2021, by ESIGN DISTRICT ASSOCIATES MANAGER LLC, a y, it its capacity as Manager of Jungle Plaza, LLC. He is ced as identification. 1 33 NOTARY PUBLIC, State of Florida Print Name: 5119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was or 0 online notarization, this as of MIAM Delaware limited liability comp personally known to me or pro My commission expires: 55119264;1 56264360;1 -20-9082 03/02/21 This submittal needs to be eduled fora public hearing in accord ancewthti ines set forth in the City of Miami Code. The appl' de decision -making body will reWewthe informalat the public hearing to render a reoomm- del on or a finaldeclaon. 4200 Associates, LLC, 'A.` a Delaware limited liability compa MIAMI DESIGN DISTRICT AS:OCIA MANAGER, LLC, a Dela are limited liability company, its Manag By: Print Name: Title: a owledged before me by means of 0 physical presence ay of , 2021, by DESIGN DISTRICT ASSOCIATES MANAGER LLC, a y, it its capacity as Manager of 4200 Associates, LLC. He is ced as identification. 34 NOTARY PUBLIC, State of Florida Print Name: 0 PUB�r SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 4 O a. NOTI This aubmittal needs to be schedu fora public hearing in accordance wM1h timelines : forth in the City of Miami Code. The applicable .-- ision-makingbody will roldew the Information at th- .ublic hearing to render a recommended.. or a final decia on. Paradise Plaza Associates, LL '9 a Delaware limited liability compan MIAMI DESIGN DISTRICT ASS MANAGER, LLC, a Delaw liability company, its Manager By: Print Name: Title: IL • e PZ- 0-9082 3/02/21 4� lEW COV IA limited The foregoing instrument was ac owledged before me by means of 0 physical presence or 0 online notarization, this • .y of , 2021, by as of MIAMI IESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability compan , it its capacity as Manager of Paradise Plaza Associates, LLC. He is personally known to me or rroduced as identification. My commission expires: 35 NOTARY PUBLIC, State of Florida Print Name: 55119264;1 56264360;1 4 0 PUBtr SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ackno or 0 online notarization, this day of MDDA STA company, it its capacity as manager o me or produced G O a. NOTI This submittal needs to Ix schedu fora public hearing in ccordancewM1htimetines forth in the City of Mlaml Code. The appliiwdeision-makIng body will review the Information at th- .ublic hearing to render a recommendaed.. or a final decision. Tiny Dancer Acquisitions, LL a Delaware limited liability compa MDDA STARDUST MANAGER, Delaware limited liability co Manager By: Print Name: Title: PZ- s-9082 3/02/21 4 REV14/ ! EW CO�Q C, a pany, its ledged before me by means of 0 physical presence , 2021, by , as ' UST MANAGER LLC, a Delaware limited liability Tiny Dancer Acquisitions LLC. He is personally known to as identification. • My commission expires: 36 NOTARY PUBLIC, State of Florida Print Name: 55 9264;1 5:264360;1 0 PUB�r SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witness: Print Name: Print Name: 4 0 tt- Q. Sun King, LLC, a Delaware limited liability comp MIAMI DESIGN DISTRICT A MANAGER, LLC, a Del. Liability company, its Manager By: Print Name: Title: nt NOT CE This submittal needs to ..:. cheduled bra puboc hearing in accordance wt' elines set forth in the City of Miami Code. The ap• cable decision -making body will review the inform. •n at the pu bdc hearing to render a recom -ndatl on or a finaldecla on. Z-20-9082 03/02/21 4� lEW COV OCIA are limited STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was a owledged before me by means of 0 physical presence or 0 online notarization, this day of , 2021, by as of MIAM DESIGN DISTRICT ASSOCIATES MANAGER LLC, a Delaware limited liability comp y, in its capacity as Manager of Sun King, LLC, a Delaware limited liability company, on b alf of that company. He is personally known to me or produced identification. My commission expires: 37 NOTARY PUBLIC, State of Florida Print Name: 55119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witness: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was or 0 online notarization, this of MDDA company, in its capacity as Man to me or produced S 4 0 a. n l TICE This subrn tt. eeds to be scheduled bra public hearing wM timelines set forth in the City of Mior i •e. The applicable decision -malting body will retie a Information at the public hearing to render a recommended on or a final decla on. Uptown Girl Development LL a Delaware limited liability V MDDA STARDUST MAN GER, LL a Delaware limited liabili company, its Manager By: Print Name: Title: om PZ-20-9082 03/02/21 R E IEW COV a owledged before me by means of 0 physical presence day of , 2021, by , as ARDUST MANAGER, LLC, a Delaware limited liability er of Uptown Girl Development LLC. He is personally known as identification. My commission expires: 38 NOTARY PUBLIC, State of Florida Print Name: 55119264;1 56264360;1 SUBSTITUTED. IN WITNESS hereof the parties have caused this Agreement to be duly signed as of the date written above. Witness: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE THE CITY OF MIAMI, a municipal corporation of the State By: Print Name: Title: City Manager This submittal needs to be in ccordancewM1hti Miami Code. The app reviewthe lntonnad reCOrll hedu led for a public hearing Lines set forth in the City of de decision -making bodywlll at the public hearing to render dad on or a final decision. The foregoing instrument was acknowldged before me by means of ❑ physical presence or 0 online notarization, this day o , 2021, by , in his/her capacity as City Manager of the pity of Miami, a municipal corporation of the State of Florida. He/she is personally known to e or produced as identification. My commission expires: 39 55119264;1 56264360;1 NOTARY PUBLIC, State of Florida Print Name: SUBSTITUTED. Exhibit "A" Legal Descriptions of the Property 40 55119264;1 56264360;1 This submittal needs to ... cheduled for a pubic hearing In accord an, wM1h t alines set forth in the City of Miami Code.The apde decision -making body review the inform-• .n at the pubs hearing to render a recom -naafi on or a final decision. Z-20-9082 03/02/21 SUBSTITUTED. MAP #1: LAVERNE SUBJECT PROPERTY STREET ADDRESS(ES): 90 NE 39th Street (Folio No.: 01-3 SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #2, 3, 4, 5, 6, 7: PALM COURT Lots 1, 2 and according to the Page 37, of the Florida 3, Block 2, of BI Plat thereof, as reco Public Records This submittal needs to scheduled for a puboc hearing In eccorbancewmatinee set forth in the City of Miami Code. The . .lice Lie decision -malting body will review the Ind n at the pubechearing to render reco ended on or a finaldecla on. Z-20-9082 0 3/02/21 \' . !EW CC�� ed in Plat took 7, at Miami -Dade County, SUBJECT PROPERTY STREET ADDRESS(ES): 100 NE 39th Street (Folio r1 o.: 01-3124-046-0010) 3851 Ne 1 Avenue(Folis o.: 01-3124-046-0020) 3801 NE 1 Avenue (F• io No.: 01-3124-046-0030) 132 NE 39th Street ' olio No.: 01-3124-046-0040) 140 NE 39th Stree (Folio No.: 01-3124-046-0050) 180 NE 39th Street (Folio No.: 01-3124-046-0060) 3821 NE 1 Co rt (Folio No.: 01-3124-046-0070) SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #8: BUICK SUBJECT PROPERTY STREET ADDRESS(ES SUBJECT PROPERTY LEGAL DESCRIPT MAP #9: TUTTLE SOUTH N: SUBJECT PROPER STREET ADDRESS(ES): SUBJECT PROP 55119264;1 56264360;1 TY LEGAL DESCRIPTION: Tracts A, B, C, D, E, F and G of PALM WAY SUBDIV SION, according to the Plat thereof, as recorded in Pla : ook 170, at Page 32, of the Public Records of Mia• i-Dade County, Florida. 3841 NE 2nd Avenue (Folio No.: 01-3219-011-0100) 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. 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 formerly described as: 41 MAP #10: TUTTLE NORTH SUBJECT PROPERTY STREET AD ! ' ESS(ES): SUBJECT PROPERTY LEGAL 1 " SCRIPTION: MAP #11, 12: SWEET BISOUTH (f/k/a Norwegian Wood a r d Casa/Lady Jane) SUBJECT PROP' ' TY STREET ADDRESS(ES): SUBJECT ROPERTY LEGAL DESCRIPTION: SUBSTITUTED. Lot 32, less that part in Biscayne through 36, less the West 6 feet PARK, 2ND AMENDED PLAT TH the Plat thereof, as recorded in Plat Boo the Public Records of Miami -Dade Co ty, Flon. a; AND This submittal needs to be schedu In accordance whh timelines Miami Cnde.The applies Lie revIewthe information at th recommendab bra public hearing forth in the City of ision-malgIng bedywlll ublic hearing to render a orafinaldeei®en. Lots 33, 35 and 37, of BU' A VISTA BISCAYNE BADGER CLUB SUBDIV :ION, according to the Plat thereof, as recorded in P1 Book 1, at Page 115, of the Public Records of Miam Dade County, Florida; AND The North 34.' : feet of Lot 31 of BUENA VISTA BISCAYNE : ADGER CLUB SUBDIVISION, according to the Plat t ; ereof, as recorded in Plat Book 1, at Page 115, of the Pu is Records of Miami -Dade County, Florida; AND e East one foot of the West 6 feet of Lot 36, AGNOLIA 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. 299 NE 38th 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. 92 NE 40th Street (Folio No.: 01-3124-029-0010) 99 NE 39th Street Lots 1, 2 and 3, Block 3, of AMENDED PLAT OF COMMERCIAL BILTMORE 1921, according to the Plat 42 55119264;1 56264360;1 SUBSTITUTED. thereof, as recorded in Plat Boo Public Records of Miami -Dade And This submittal needs to be scheduled bra public hearing In accordance wXh timelines set forth in the City or Miami Code. The applicable decision -ma Ming body will review the information at the public hearing to render a recornmendat on or a final decision. PZ-20-9082 03/02/21 Lots 1 and 2, Block 1, of BILTMORE COUR , according to the Plat thereof, as recorded in Plat Book 7, at Page 37, of the Public Records of Miami -Dade County, Florida. MAP #13, 14: JBL (f/k/a JBL and Hale Daniel) SUBJECT PROPERTY STREET ADDRESS(ES): (Folio No.: 01-3124-030-0090) 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 Subtract A: SUBJECT PROPERTY LEGAL DESCRIPTION: 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 and West of J.W. Wallace Tract, COMMERCIAL BILTMORE, according to the Plat thereof, as recorded in 43 55119264;1 56264360;1 0 PUet/ MAP #15: OAK PLAZA -OP 120 (f/k/a Collins) SUBJECT PROPERTY STREET ADDRES SUBJECT PROPERTY LEGAL DESC SUBSTITUTED. Plat Book 6, at Page 132, of the P Dade County, Florida. Parcel 4: 4 0 a. NOTI This submittal needs to be scheed fora public hearing In accordance wMtimelln= et forth in the City of Miami Code. The appbcad.: ecision-ma sing bury will reNew the Information at a public hearing to render a recommend or a final decia on. P 0-9082 03/02/21 ?tVI EW CO ' Lot 12, less the East 3 feet thereof, an. of 13, in lock 1, of MAGNOLIA COURT, accordin_ o the Plat thereof, as recorded in Plat Book 6, at Page 11 , of the Public Records of Miami -Dade County, Florid. less that part of said Lot 13 described as follows: Beginning at the Southw-:terly corner of Lot 13, Block 1, of MAGNOLIA COU, according to the Plat thereof, as recorded in Plat Boo •, at Page 105, of the Public Records of Miami -Dade C• nty, Florida; thence run Eastwardly along the South: ly line of said Lot 13, a distance of Twelve (12) fe: to a point of curve; thence run Westwardly and Northwe: wardly along the arc of a tangential curve to the right, • . ving a radius of Twenty -Five (25) feet and a central .. gle of 8°41'07" for a distance of 12.52 feet to a point ' n the Westerly line of said Lot 13; thence run Sou wardly along the Westerly line of said Lot 13 a di- ance of 3.07 feet to the Point of Beginning (ES): 139 NE 39th Street (Folio No.: 01-3124-030-0060) PTION: 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 PARTICULARLY DESCRIBED AS FOLLOWS: 44 55119264;1 56264360;1 4 PUel. orj, UP' SUBSTITUTED. G 0 Q. BEGIN AT THE SOUTHEAST 7; THENCE SOUTH 89°58'58" BOUNDARY OF SAID LOT 7, 43.98 FEET; THENCE NORT ALONG THE SOUTHERLY PROL WESTERLY LINE OF THE EAS LOT 12, FOR A DISTANCE O.' NORTH BOUNDARY OF NORTH 89°59'41" EAST BOUNDARY OF SAID L 43.98 FEET TO THE NO. LOT 7; THENCE SOU EAST BOUNDARY DISTANCE OF 9 BEGINNING. MAP #16: OAK PLAZA OP 110 (f/k/a Loggia) SUBJECT PROPERTY STREET ADDRESS(ES): 163 NE 3 4 N • ICE This submidalne- to be scheduled for a public hearing In accord an M1fltimelines set forth in the City of Miami Code. a applicable decision -ma Ming body will reNewihe i .rmation at the public hearing to render a ornmendation or a final decision. PZ-20-9082 03/02/21 4 v,Ew CO 44, 5.00 FEE • SAID 93.23 FEET TO THE AID LOT 7; THENCE ALONG THE NORTH 7, FOR A DISTANCE OF THEAST CORNER OF SAID 00°01'50" EAST ALONG THE OF SAID LOT 7, FOR A .22 FEET TO THE POINT OF th Street (Folio No.: 01-3124-030-0050) SUBJECT PROPERTY LEGAL DESCRIPTION: LOT • AND THAT PORTION OF LOT 7, BLOCK 1, M NOLIA COURT, ACCORDING TO THE PLAT T EREOF, AS RECORDED IN PLAT BOOK 6, AT AGE 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 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 45 55119264;1 56264360;1 4 0 PUR , MAP #17: OAK PLAZA KVA OP 150 (Fendi) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #18: OAK PLAZA OP 160 SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION• MAP #19: TOMAS MAIER SUBJECT PROPERTY STREET A SUBJECT PROPERTY LEGA MAP #20: MELIN 1 II RESS(ES): ESCRIPTION: SUBJECT PROPE' TY STREET ADDRESS(ES): SUBJECT PR ' ERTY LEGAL DESCRIPTION: SUBSTITUTED. EAST BOUNDARY OF SA DISTANCE OF 93.22 FEET BEGINNING. 150 NE 40th Street (Folio No.: 01 The West 20 feet of Lot COMMERCIAL BILTMO according to the plat there at Page 44, of the Public Florida. Also known as: G 0 ire a. NO CE This submittal needs to 'scheduled fora public hearing in accordance w, , marines set forth In the City of Miami Code. The • tirade decision -making body wilt reulew the inter - n at the public hearingto rend ere reco endati on or a final dada on. 1,1$‘14/ 'VIEW CO. Z-20-9082 03/02/21 124-028-0080) 1 , and all of Lot 13, of E, SECOND SECTION, • , as recorded in Plat Book 12, ecords of Miami -Dade County, The West 20 fe• of Lot 12, and all of Lot 13, of SECOND SECTION, Cr) MERCIAL BILTMORE 1924, according to the plat t reof, as recorded in Plat Book 12, at Page 44, of the Pub. c Records of Miami -Dade County, Florida. 16 NE 40th Street (Folio No.: 01-3124-028-0060) 4 NE 40th Street (Folio No.: 01-3124-028-0070) 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. 170 NE 40th Street (Folio No.: 01-3124-028-0040) 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. 3930 NE 2nd Avenue (Folio No.: 01-3124-028-0010) Lots 1 through 6 inclusive, of SECOND SECTION, COMMERCIAL BILTMORE 1924, according to the plat 46 551 264;1 564360;1 MAP #21: (NEWTON) SUBJECT PROPERTY REET ADDRESS(ES): SUBJECT PROPEY LEGAL DESCRIPTION: SUBSTITUTED. thereof, as recorded in Plat Boo Public Records of Miami -Dade C 1 through 4, inclusive, Block 1, an of Lot 4, Block 1, of MAGNOLIA the plat thereof, as recorded in Plat Bo the Public Records of Miami -Dade C LESS This aubmitlat needs to ocortlancew , Kam Code. The ap rewewthe Inform worn checluietl bra public hearing elines set forth In the City of iw Ge dslebn-malting body will n at the public hearing to rentler a ndabon or a final hecAon. Z-20-9082 03/02/21 unty, Flon a. Those portions of Lots 1, 2 . d 3, Block 1, MAGNOLIA COURT, according to the at thereof, as recorded in Plat Book 6, at Page 105, oft , Public Records of Miami -Dade County, Florida, being more particularly described as follows: The East 10 feet o Lots 1, 2 and 3, and the external area of a circular curve, ontained within said Lot 3, concave to the Northwest ha ng a radius of 25 feet and tangents which are 25 feet •rth of and parallel with the centerline of N.E. 39th Stree- and 35 feet West of and parallel with the centerli of N.E. 2nd Avenue; AN P LESS ose 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. 2nd Avenue. 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 4-5-6 & 7 OF SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat 47 55 9264;1 5 64360;1 MAP #22, 23: (SWEET BIRD NORTH) (f/k/a Asi-Museum Village and Suttin and Lovely Rita) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #24, 25, 26, 27, 35, 36, 37, 38: (BRIDGE NORTH, BRIDGE SOUTH, J, DE, MOSAIC, MOORE/GARDEN) (f/k/a Rosen, Mosaic/Chatham, Moore arden, Moore, Moore 140, Mosaic Lot, Rosen L , t, Palmer Building) SUBJECT PROPERTY STREET, DDRESS(ES): SUBJECT PR PERTY LEGAL DESCRIPTION: SUBSTITUTED. Book 4, at Page 150, of the Public County, Florida. This submittal nee in accordance Miami Code. reslewthe In 81 NE 40th Street and 95 NE 40 Street (Folio No.: 01-3124-049-0020 Le scheduled fora public hearing M tl mahnesset forth In the City of apphcade decision -making body WE ation at the public hearing to render a ommendatl on or a final decia on. PZ-20-9082 03/02/21 Tract B, MUSEUM SUBD ISION, according to the Plat thereof, as recorded in : at Book 172, Page 98, of the Public Records of Mia i-Dade County, Florida. Formerly known as Lots 5, 6 and , Block 2, of AMENDED PLAT OF COMMERCI L BILTMORE 1921, according to the Plat thereof, as corded in Plat Book 6, at Page 132, of the Public Records of Miami -Dade County, Florida. And Lo s 1, 2, 3 and 4, Block 2, AMENDED PLAT OF MMERCIAL BILTMORE 1921, as according to the lat 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 (Moore/Garden), E (Mosiac) and F (Bridge South) of said Plat formerly having been described as Tracts 10, 11, 14 and a portion of vacated alleys more particularly described as follows: 48 551 9264;1 5 e 64360;1 SUBSTITUTED. (Moore/Garden) Parcel 1: Lots 3, 5, 6 and 7, of AMENDED OF BLOCK 10 OF BILTMORE PORTION OF BLOCK 1 OF T COMMERCIAL BILTMORE to the Plat thereof, as record-. 1 of the Public Records of Parcel 2: 4 0 a. NO ' ICE This submittal needs scheduled fora puboc hearing In aceordancew. mellnee set forth in the City of Miami Code. The = • plies Lie decision -malting body will review the Info n at the pubechearing to render recoended on or a finaldecla on. Z-20-9082 14F 03/02/21 444� 49e i EW COt' P AT OF A TION BDIVISION AND A AMENDED PLAT OF UBDIVISION, according in Plat Book 45, at Page 55, ami-Dade County, Florida. Lots 1 and 2, in Bl. k 10, of BILTMORE, according to the Plat thereof, as r- orded in Plat Book 6, at Page 67, of the Public Records f Miami -Dade County, Florida. • Parcel 3: Lots 2, and 4, in Block 1, of AMENDED PLAT OF COM ERCIAL BILTMORE 1921, according to the Plat ther- of, as recorded in Plat Book 6, at Page 132, of the P ,lic 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 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 49 -10 55 9264;1 5 264360;1 SUBSTITUTED. Northerly line of said Lot 7, for the POINT OF BEGINNING. (Mosaic / Bridge South) Parcel 1: This submittal needs schedu and fora public hearing In accordancewdmelmcs set forth in the City of Miami Code.The • pkable decision -making body Nall[ review the Info - am at the pubec hearing to render a rec• mended on or a finaldecla on. PZ-20-9082 03/02/21 Lots 8, 9, 10, 11 and 2, Block 1, of AMENDED PLAT OF COMMERCIAL : LTMORE 1921, according to the plat thereof, as reco ed in Plat Book 6, at Page 132, of the Public Record of Miami -Dade County, Florida. Together w : A portic of the 12 foot Alley lying North of Block 1, AMEHDED PLAT OF COMMERCIAL BILTMORE 192. , according to the Plat thereof, as recorded in Plat B 4 ok 6, at Page 132, of the Public Records of Miami -Dade ounty, 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. 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 50 55119264;1 56264360;1 SUBSTITUTED. Page 132, of the Public Records Florida, being more particularly d BEGIN at the Northwest corner o N00°00'40"E, along the Northerly prolon line of said Lot 14, for a distance of •.00 eet; thence N89°59'47"E, along the centerline of s. d 12 foot Alley, for a distance of 62.42 feet; thence S00° 1 I'06"W for a distance of 6.00 feet; thence S89°59'47"W 'or, along the North line of said Block 1, a distance of 6 .42 feet to the POINT OF BEGINNING. This submittal needs to be schedu in accordance wM1h timelines s: Miami Code. The applicable d reslewthe intormatlon at the recemmendatie r a public hearing orth in the City of Ion-maiing body will bec hearing to render a r a finaldeciaon. (Jade and Bridge North) Parcel 1: Lot 6, in Block thereof, as recor Records of M. Par •12: 3/02/21 st 11, of BILTMORE, according to the Plat d in Plat Book 6, at Page 67, of the Public mi-Dade County, Florida. of 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; 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: 51 5 19264;1 264360;1 PUel. SUBSTITUTED. Lot 8, in Block 10, of BILTMO' thereof, as recorded in Plat Book 6, Records of Miami -Dade County, F Together with: 4 0 a. A portion of the 12 foot Alley ly AMENDED PLAT OF COM according to the Plat thereof, a Page 132, of the Public Rec Florida, and a portion of PLAT OF A PORTION SUBDIVISION AND THE AMENDED BILTMORE SUB as recorded in at Book 45, at Page 55, of the Public Records of ami-Dade County, Florida, being more particularly escribed as follows: 44, V ''VIEW COI- na NOT E This submittal needs to be - heduled bra public hearing in accordance wM O . - Ines set forth in the City of Mlaml Code. The app .de decision -making body Wit review the Inbrmati• at the public hearing to renders recom datlon or a final decision. -20-9082 03/02/21 ng North of Block 1, ERCIAL BILTMORE, ecorded in Plat Book 6, at rds of Miami -Dade County, e 12 foot Alley, AMENDED F BLOCK 10 OF BILTMORE A PORTION OF BLOCK 1 OF PLAT OF COMMERCIAL VISION, according to the Plat thereof, 4 BEGIN the Northwest corner of Lot 3 of said Plat Book 45, P. 55; thence S00°00'S0"W, along the West line of said ' of 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; ence 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. 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 52 55119264;1 56264360;1 MAP #28, 29, 30, 31, , 33, (f/k/a Asi-Museum ' illage) SUBJECT ROPERTY 34: MUSEUM GARAGE STREET ADDRESS(ES): SUBSTITUTED. Page 132, together with the alley PLAT OF A PORTION OF BLO SUBDIVISION AND A PORTI THE AMENDED PLAT BILTMORE SUBDIVISION, accor as recorded in Plat Book 45, a Records, Miami -Dade Coun particularly described as follo s: 4 G'' 0 a. • 0 This submittal r eds to be scheduled fora public hearing In accord cewlN timelines set forth in the City of Miami G. .The appllcce delsIon-ma Xing body%MIL review information at the public hearing to render recommendation or finaldecicon PZ-20-9082 03/02/21 .mg V , age 55, o t e Public Florida, being more Beginning at the Northwest corner of Lot 3, as shown in AMENDED PLAT OF A PORTION OF BLOCK 10 OF BILTMORE SUBD " ISION AND A PORTION OF BLOCK 1 OF THE AMENDED PLAT OF COMMERCIAL : ILTMORE SUBDIVISION, according to the Plat there,.f, as recorded in Plat Book 45, at Page 55, of the Public ' ecords, Miami -Dade County, Florida, the said point ,,eing on the northerly Right of Way line of Northeast a 1st Street; thence South 00°00'50" West along the We line of said Lot 3, for a distance of 117.22 feet to a po t on the North line of Block 1, as shown in A ' NDED PLAT OF COMMERCIAL BILTMORE, a ording to the Plat thereof, as recorded in Plat Book 6, at age 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 B eginning. (Folio No.: 01-3124-049-0010) 90 NE 41 st Street 53 55119264;1 56264360;1 0 Puet/ SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #41, 62: STARDUST ST (f/k/a Moore 77 and Upt 1' n Girl) SUBSTITUTED. Tract A, of MUSEUM SUBDIV Plat thereof, as recorded in Plat the Public Records of Miami -Dade 4 0 tt- Q. Said Tract A of being formerly desc Lots 1 through 8, of Block 9, Plat thereof as recorded in P1 Public Records of Miami-D. i e AND Vacated Alley: b < N a V N o TICE This submiStal ads to beschedu fed for a public hearing In accord a. wilhtimelines set forth In the City of Miami G...The applicatte decision -making body wilt review information at the public hearing to render a recommendation or a final deciaon. PZ-20-9082 03/02/21 !ribI EW CO' iltmore, according to the Book 6, at Page 67, of the County, Florida. A portion of the 2 foot alley lying between Block 9, of BILTMORE according to the plat thereof as recorded in Plat Book 6, ' age 67, and Block 2 of AMENDED PLAT OF COM '" RCIAL BILTMORE according to the plat thereof a recorded in Plat Book 6, Page 132, of the Public Record of Miami -Dade County, Florida, being more parti 1ar1y described as follows: B ' GINNING at the Southeast corner of Lot 1, of said lock 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. SUBJECT PROPERTY STREET 4100 NE 1st Avenue (Folio No.: 01-3124-024-1350) ADDRESS(ES): 54 77 NE 41st Street (Folio no.: 01-3124-024-1340) 5119264;1 56264360;1 4 PU$I./ SUBJECT DESCRIPTION: PROPERTY SUBSTITUTED. LEGAL MAP #42, 43, 44: PARADISE PLAZA (f/k/a Moore 115, Scarlet Begonia, Church (FCAA)) Parcel 1: G 0 a. A Lot 22 and the East V2 of L. BILTMORE, according to the Plat t' Book 6, at Page 67, of the Public ' ecords County, Florida. N • ICE This submittal needbe scheduled fora puboc hearing In accortixnce timelines set forth in the City of Miami Code. applies de decision -making body will redew the in Edon at thepubkc hearing to render mmendatl on or a final decla on. Parcel 2: PZ-20-9082 03/02/21 ereof, re in Plat v� IEWC°J of Miami -Dade Lots 23 a i 24, less the North 46 feet thereof, in Block 8, of BILTMO' according to the Plat thereof, recorded In Plat Book 6, ' Page 67, of the Public Records of Miami -Dade County, Flo - da. SUBJECT PROPERTY STREET ADDRESS(ES): 1 5 NE 41st Street (Folio No.: 01-3124-024-1550) 35 NE 41st Street (Folio No.: 01-3124-024-1550) 150 NE 42nd Street (Folio No.: 01-3124-024-1550) SUBJECT PROPERTY LEGAL DESCRIPTI 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. 41' 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, 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. 55 55119264;1 56264360;1 MAP #45: 4100/Lee SUBJECT ADDRESS(ES): PROPERTY SUBSTITUTED. Parcel 2: Lot 5, Block 7, of BILTMORE, thereof, as recorded in Plat Book 6, at Records of Miami -Dade County, F 5rida. This submittal . - ads to be'scheduled fora puboc hearing In eaord, ce whh b matinee set forth in the City of Miami C. .The appLImde decision -malting body will review Information at the pubdc hearing to render a recommendation or a final decla on. Parcel 3: PZ-20-9082 03/02/21 Lots 3 and 4, in Block 7, of :ILTMORE, according to the Plat thereof, as recorded if Plat Book 6, at Page 67, of the Public Records of Mia -Dade County, Florida. STREET 4100 NE 2nd Aveue (Folio No.: 01-3124-024-1560) SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #46: 4141 SUBJECT PROPERTY STREET ADDRESS(E SUBJECT PROPERTY LEGAL DESCRIP MAP #47: 4200 SUBJECT ADDRESS(ES): SUBJECT PRO MAP #49: 42 PERTY The East 107 et of that certain tract of land 432 feet East and West by 04.6 feet North and South, lying directly East of and adj • ning Lots 5 and 6, in Block 7, of BILTMORE, accordi to the Plat thereof, as recorded in Plat Book 6, at Page • , of the Public Records of Miami -Dade County, Flo : 4141 NE 2nd Avenue (Folio No.: 01-3219-009-0010) ON: 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. STREET 4200 NE 2nd Avenue (Folio No.: 01-3124-024-0930) Lot 1, less the East 5 feet thereof, Block 6, of BILTMORE, RTY LEGAL DESCRIPTION: according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. 56 55119264;1 56264360;1 PURI,/ SUBSTITUTED. SUBJECT PROPERTY STREET ADDRESS(ES): 4240 NE 2nd Avenue (Folio No.: SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #50, 51: CITY GARAGE (f/k/a City Garage, Sebastien) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #52, 53: PENNY LA (f/k/a Spear, Always Flow ° rs) SUBJECT PROP ' TY STREET ADDRESS(ES): SUBJECT OPERTY LEGAL DESCRIPTION: 4 0 a. Lot 4, less the East 5 feet thereof, in as recorded in Plat Book 6, Page 67, o of Miami -Dade County, Florida. 3800 NE 1st Avenue (Folio Parcel 1: 'S NO CE This submittal needs to . 'scheduled fora public hearing In accordancewhh. alines set forth in the City of Miami Code. The a• • Lica decision -ma Xing body will relewihe inform on al the public hearingto render reco endadonorafnaldeci on. Z-20-9082 03/02/21 44, v R�Vr EW CO s 0.: 01-3124-03 3 -0240) Lots 2, 3, 4, 5, 6, 7, :, 9, 10, 11, 12, 13 and 14, in Block 2, of COMMERCIA BUENA VISTA, according to the Plat thereof, as recon ed in Plat Book 14, at Page 56, of the Public Record of Miami -Dade County, Florida. Parcel 2: Lots 15 , 16, 17 and 18, Block 2, of COMMERCIAL BUEN VISTA, according to the Plat thereof, as recorded in P . t Book 14, at Page 56, of the Public Records of M , mi-Dade County, Florida. ess 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 Records of Miami -Dade County, Florida 50 NE 39th Street (Folio No.: 01-3124-029-0150) Parcel 1: 57 5119264;1 56264360;1 PU$o SUBSTITUTED. That portion of Lots 19, 20 COMMERCIAL BUENA VIST thereof, as recorded in Plat Book ' Public Records of Miami -Dade C West of the West line of Lot 6, of Blo COURT, according to the Plat ther Book 7, at Page 37, of the Public ' ecords of Miami -Dade County, Florida. Parcel 2: :• This submittal needs scheduled fora public hearing In sic ortlanrew• ti meines set forth In the City of Mami Cote. The •pliwde docision-maleng body will relewthe Info • ation at the public hearing to render a ree mendat on or a fins l decision. PZ-20-9082 03/02/21 Ew co. `'‘ f, as recor•es in Plat All of Lot 7 and Lo 8, less the following described property: Beginning the Northeast corner of Lot 8, in Block 2, of BILT i ORE COURT, according to the Plat thereof, as record- • in Plat Book 7, at Page 37, of the Public Records of Day - County, Florida now known as Miami - Dade County lorida; thence run West along the North line of said Lot :, a distance of 50.02 feet to the Northwest corner of .aid Lot 8; thence run South along the West line of said of 8, a distance of 89.30 feet to the Southwest come of said Lot 8; thence run East along the South line of s. id Lot 8, a distance of 30.92 feet to a point; thence run •rth along a line parallel with and 30.92 feet East of the est 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: 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 58 55119264;1 56264360;1 MAP #54, 55, 56: LIDIA (f/k/a Lidia) SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTION: SUBSTITUTED. Public Records of Miami -Dad circular curve being concave to radius of 25 feet, and tangents whi and parallel with the center line of feet East of and parallel with the cen Court. This submittal nee .a to he scheduled fora public hearing In accordan with tlmelines set forth in the ay of Mlaml Code a applicable decision -making bodywlll revlewthe . rolation at the publichearingto rendera ommendMion or a final decision. 30 NE 39th Street (Folio o.: 01-3124-029-0160) 3840 NE Miami Cou(Folio No.: 01-3124-026-0220 3825 N. Miami Parcel 4A: enue (Folio No.: 01-3124-029-0170) Lot 9,1 s the East 15 feet, and Lots 10 through 13, Inclusive, Bloc 2, of BILTMORE COURT, according to the Plat the of, as recorded In Plat Book 7, at Page 37, of the Public cords of Miami -Dade County, Florida, LESS that portion f 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. And Parcel 4B Lot 4, less the West 15 feet, and Lot 5, Block 3, of CENTRAL ADDITION BUENA VISTA, according to the 59 5;119264;1 56264360;1 o Puet. ic SUBSTITUTED. Plat thereof, as recorded in Plat B Public Records of Miami -Dade C MAP #57, 58, 59: MARCY SUBJECT PROPERTY STREET ADDRESS(ES): 3852 N. Miami Avenue 20 NW 39th Street (Fol 28 NW 39th Street (F SUBJECT PROPERTY LEGAL DESCRIPTION: MAP #60, 61: MADONNA SUBJECT PROPERTY STREET ADDRESS(ES): SUBJECT PROPERTY LEGAL DESCRIPTI MAP #63: STARDUST EAST (Tiny Dancer) SUBJECT PROPERTY STREET A SUBJECT PROPERTY LEGA 1 • DRESS(ES): ESCRIPTION: • 4 O a. J'. Va OTICE This sub al needs to be scheduled for a public hearing in .rdance wl metres set forth in the City of Mia eCede. h tlThe appdm de decision -mailing body Wit re w the information at the pubec hearing to render reeormendah on or a final decision. PZ-20-9082 41/4 03/02/21 0"/ A�VIEW CO, 'olio No.: 01-3124-021-0940) No.: 01-3124-021-0950) io No.: 01-3124-021-0960) • Lots 1, 2, 3 and 4, in Block 6, of PRINCESS PARK, according to the ' lat thereof, as recorded in Plat Book 6, at Page 87, of t Public Records of Miami -Dade County, Florida. 900 N. Miami Avenue (Folio No.: 01-3124-021-0580) 21 NW 39th Street (Folio No.: 01-3124-021-0570) Lots 22, 23, and 24, 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. 4039 NE 1st Avenue (Folio No.: 01-3124-024-1540) 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. Note: All ap # references relate to Pg. A1.4 and A1.5 of the Miami Design District Retail Str et Special Area Plan Design Concept Book. 60 55 19264;1 264360;1 SUBSTITUTED. Exhibit "B" Miami Design District Retail Street SAP Regulating Plan and Design Con This submittal needs to be schedu In accordance whh timelines Miami Code. The applicade d: reslew the information at th recommended° The current versions of the Miami Design District Retail Street SAP Regulating Plan . d Design Concept Book were approved by the City Commission on 2021 under 0 dinance No. . Copies of the Regulating Plan and Design Concept Book appr• ed under this legislation are on file with the City of Miami and are incorporated herein by ref ence. 61 bra public hearing forth in the City of ision-mahing body will ublic hearing to render a r a final decision. 55119264;1 56264360;1