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HomeMy WebLinkAboutSubmittal - Melissa Tapanes - Letter to CommissionersSubmitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk 4 Requested Exemptions CCk lipoo/vi Project Name Addresses Folios 1 Southside Park 1105 SW 2 AVE 01-4138-051-0400 1115 SW 2 AVE 01-4138-051-0410 1131 SW 2 AVE 01-4138-051-0390 1133 SW 2 AVE 01-4138-051-0420 191 SW 12 ST _01-4138-051-0430 165 SW 12 ST 01-0208-050-1020 2. a o as 12 0001 Q' 155 5W 12 5T 01-0208-050-1021 145 SW 12 ST 01-0208-050-1022 140 SW 11 ST 01-0208-050-1010 142 SW 11 ST 01-4138-051-0380 888 Brickell 888 BR1CKELL AVE 01-0209-090-1570 ( 0- O c Q U 14-4- Link @ ❑ouglas Road Metrorail Station p a I c 0 0 22.1 3060 SW 37 AVE 01-4120-068-0015 3050 SW 37 AVE 3060 SW 37 CT 01-4120-068-0010 01-4120-D59-D020 01-4120-068-0020 Crescent Heights . �00 b O 6r1 1370 NE 2 Avenue 01-3136-045-0010 01-3136-045-0020 01-3136-045-0040 01-3136-045-0050 01-3136-014-0010 01-3136-014-0020 /Vl i a m i Dade. CA,HA--1-7 pfl)ce5$ MI' 93E— 5L&ii{Pd -I'klASSl+ IMgiltS— Ut-hiv is &IviAti6s',016n1 Submitted into the public record for item(s) PZ.4 an 03/10/2022, City Clerk Requested Exemptions Project Name Addresses Folios 1 Southside Park 1105 SW 2 AVE 01-4138-051-0400 1115 SW 2 AVE 01-4138-051-0410 1131 SW 2 AVE 01-4138-051-0390 1133 SW 2 AVE 01-4138-051-0420 191 SW 12 ST 01-4138-051-0430 165 SW 12 ST 01-0208-050-1020 155 SW 12 ST 01-0208-050-1021 145 SW 12 ST 01-0208-050-1022 140 SW 11 ST 01-0208-050-1010 142 SW 11 ST 01-4138-051-0380 888 Brickell 888 BRICKELL AVE 01-0209-090-1570 Link @ Douglas Road Metrorail Station 3060 SW 37 AVE 01-4120-068-0015 3050 SW 37 AVE 3060 SW 37 CT 01-4120-068-0010 01-4120-059-0020 01-4120-068-0020 Crescent Heights 1370 NE 2 Avenue 01-3136-045-0010 01-3136-045-0020 01-3136-045-0040 01-3136-045-0050 01-3136-014-0010 01-3136-014-0020 I n BERCOW AADELL FE RNANDEZ LARK1N TAPANES www.brzeninoL Iw Cum March 9, 2022 VIA ELECTRONIC MAIL Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 Submitted into the public record for item(s) PZ.4 o� 4 2Q22, City Clerk 2.13.5 3' <«c' Crfr'e RE: Link at Douglas Metrorail Station: Rapid Transit Zone (33C-8) Dear Mr. Noriega: This law firm represents Adler 13th Floor Douglas Station, LP, Miami Douglas Two, LP, and Miami Douglas Three Owner, LLC (collectively, the "Douglas Station Developer') in connection with the redevelopment of Douglas Metrorail pursuant to Contract No. REP- 00133 with Miami -Dade County. The Douglas Station Developer respectfully requests an exemption from the City's Ordinance 9385. Property. Miami -Dade County (the "County") is the owner of Douglas Road Station and the immediately surrounding land. In accordance with the goals, objectives, and policies of the County's Comprehensive Development Master Plan, the County issued a Request for Proposals ('RFP") for redevelopment of the Douglas Station Property in 2014. The Douglas Station Developer is the awardee of the RFP, acknowledged by County Resolution R-731-16 and its accompanying Lease Agreement, and the long-term lessee of the Douglas Road Metrorail Station and adjacent County - owned land located at the northwest corner of Douglas Road and US-1 ("Douglas Road Station"). See Location Map, below. Douglas Road Station is approximately 7.54 net acres / 9.68 gross acres in size. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Figure 1. Location Map Mr. Arthur Noriega City Manager Page 2 Although the Douglas Road Station is located within the City of Miami, redevelopment jurisdiction is retained by Miami -Dade County through Section 33C-8 of the Miami -Dade County Code of Ordinances ("County Code"). The purpose of Section 33C-8 is to "provide guidelines governing the use, site design, building mass, parking, and circulation for all non-Metrorai! development in the Rapid Transit Zone within the City of Miami with the intent of fulfilling the goals, objectives and policies of the County's Comprehensive Development Master Plan urban center text." Site Plan Approval. Consistent with Section 33C-8 of the County Code, the Douglas Station Developer has submitted several site plan approval applications since 2015.1 At this point in time, the Douglas Station Developer is in the process of securing site plan approval for Phase 2 of the overall Douglas Road Station project (the "Phase 2 Application"). The Phase 2 Application is identified by County Plan No. Z2021000227 and was submitted on November 1, 2021. The City's Ordinance 9385, approved at first reading on February 24, 2022, adds language to the City's Zoning Code that indicates that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, the Douglas Station Developer has relied on its Lease Agreement and Section 33C-8 of the County Code and expended significant funds related to the redevelopment of the Douglas Road 1 It should also be noted that the County's Comprehensive Development Master Plan ("CDMP") includes specific provisions related to development on and around the Douglas Road Station, including minimum and maximum development standards. The approved and currently proposed development for the Douglas Road Station relies on and complies with the development standards set forth in the County's CDMP. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Page 3 Station property consistent with their terms. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v, City of Hollywood, 329 So.2d 10 (FIa.1976); Salkolsky v. City of Coral Gables, 151 So.2d 433 (FIa.1963). Request. The Douglas Station Developer respectfully requests an exemption from Ordinance 9385 that makes clear that development of Douglas Road Station property may proceed under the applicable County Rapid Transit Zone regulations. We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6220. Enclosures Cc: Melissa Tapanes Llahues Rey Melendi Aaron Stolear Carli Koshal Sincerely, Jeffrey Bercow EiERCQW RAQELL FERNANDEZ LARKIN TAPANES 200 5. Biscayne Boulevard Suite 300. Miami, FL 33131 www.brzoninglaw.com 305.377.6227 office 305.377.6222 fax mtapanes@udzon'nglaw Eorn Submitted into the public record for item(s) P14 on O3 IO 2O22, City Clerk March 9, 2022 VIA HAND DELIVERY Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 RE: 888 Brickell Avenue: Rapid Transit Metromover Sub - Zone Dear Mr. Noriega: This law firm represents 888 Brickell Owner LLC, the contract purchaser of 888 Brickell Avenue ("Property") within the City of Miami (the "City"). 888 Brickell Owner LLC respectfully requests an exemption from the City's Ordinance 9385. Property. The Property is located on the north side of SE 10 Street, just east of Brickell Avenue/US-1. See Figure 1. Property Aerial, below. The Property is a half block away from the Tenth Street Metromover Station, just to the west. The Property is approximately 22,568 square feet (0.51 acres) in size and is currently improved with an office building. The existing office building was constructed in 1972. Figure 1. Property Aerial Submitted into the public record for itern(s) PL.4 on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Page 2 Although the Property is within the municipal boundaries of the City, Miami -Dade County (the "County') holds planning, zoning, and permitting jurisdiction through County Ordinance 22-251 and Section 33C-15 of the County's Code of Ordinances ("County Code') related to Rapid Transit Zone development within the Metromover Station 5ubzone. Site Plan Approval. Consistent with Section 33C-15 of the County Code, 888 Brickell Owner LLC has applied for approval of a General Site Plan Approval for the Property. The General Plan for the Property is identified by County Process No. Z2022000044. Submission requirements include architectural, landscape, and civil plans. The preparation of the submission materials requires a significant investment in terms of time and capital on the part of the applicant. The City's Ordinance 9385, approved at first reading on February 24, 2022, adds language to the City's Zoning Code that indicates that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, 888 Brickell Owner LLC has relied on Ordinance 22-25 and Section 33C-15 of the County Code and expended significant funds related to the redevelopment of the Property consistent with those regulations. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (FIa.1976); Salkolsky v, City of Coral Gables, 151 So.2d 433 (FIa.1963). Request. 888 Brickell Owner LLC respectfully requests an exemption from Ordinance 9385 that makes clear that the Project may proceed under the applicable County Rapid Transit Zone regulations. Ordinance 22-25 was adopted by the Miami -Dade County Board of Commissioners ("BCC") on March 1, 2022. Notice of the proposed ordinance was provided to the City in November 2021, and the ordinance was approved by the BCC at First Reading on December 1, 2022. E34rcuw F2aa811 Fernandez Larkin 8.. Tape nes i 305.7577 5227 direct 1305.377.6222 Fax I mtapar,es@brzanrnglaw cam Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Page 3 We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures Cc: Michael Stern Serena Rakhlin Carli Koshal -�fccw Raul 1 Ferranoez Lamm & %panes 1305 377 8227 dIri"CF 1 S-35 377 .$ Mix niNpatiesikb?reaninglaw {•i,i• ` REFICow RADELL iI \ FERNANDEZ {' LAFiK!N TAPANES I,1' �w+w�if+.ilLEI. nen r. CM',,r1HMLN1AL i AW l,I1 P iiuP0{;0.11$I F1 w ww.inzo ni ny la w.ca n u March 9, 2022 VIA HAND DELIVERY Submitted into the public record for items) PZ.4 on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 '.. ix r. • Fr. E 2 Avenue and 305-1315, 1367 NE 1 Court— Miami -Dade County Public Schools and 1370 NE 2116, LLC Application For Development in RTZ Metromover Subzone_ Dear Mr. Noriega: This law firm represents 1370 NE 2nd, LLC in securing approvals for the mixed -use development at 1302-1324, 1370 NE 2 Avenue and 1305-1315, 1367 NE 1 Court in the City of Miami (the "Property"). As you may know, the proposed development plan for the Property includes a new headquarters for Miami - Dade County Public Schools, parking serving the Adrienne Arsht Center for the Performing Arts, and private commercial and residential space. The proposed project (the "Project") will replace the School Board's poorly designed and aging headquarters -- finally providing School Board staff, School Board members, and the County's families with a state-of-the-art building. Garage parking will be available in the building to serve patrons of the Arsht Center. The Property. The Property is located at the northwest corner of NE 13 Street and NE 2 Avenue and is currently developed with open parking lots. To the east of the Property is the Adrienne Arsht Center for the Performing Arts. To the south of the Property is County -owned land that is slated for redevelopment as public space as part of the 1-395 "Signature Bridge" plan. To Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Mr. Arthur Noriega City Manager Page 2 the north of the Property is the existing Miami -Dade County Public Schools office complex. Although the Property is within the municipal boundaries of the City, Miami -Dade County (the "County") holds planning, zoning, and permitting jurisdiction through County Section 33C-15 of the County's Code of Ordinances related to Rapid Transit Zone development within the Metromover Station Subzone. The Property was added to the Metromover subzone in March 2021. Project Description. The Applicant is working with Miami -Dade County Public Schools, the Miami -Dade County Performing Arts Center, and the Miami Parking Authority an an innovative redevelopment for the Property. The Project contemplates a mixed -use building incorporating the following: 1. Ground floor commercial uses and additional office space. 2. A relocated Miami -Dade County Public Schools headquarter complex. 3. Mufti -family residential development with associated amenities. 4. Parking resource serving the Arsht Center. Development Approvals. Consistent with Section 33C-15 of the County Code, 1370 NE 2nd, LLC has commenced the process for the necessary approvals for the Project (County Application Z2021000348). The programming and design of the Project and preparation of the submission materials have required a significant investment in terms of time and capital on the part of 1370 NE 2nd, LLC, Miami -Dade County Public Schools, and the City's Parking Authority, The City's proposed Ordinance 9385, approved at first reading on February 24, 2022, would add language to the City's Zoning Code providing that "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." Without an exemption to the application of Ordinance 9385 for the Project, the carefully developed plans to create a new home for Miami -Dade County Public Schools and a much -needed parking resource for the Arsht Center are at risk. 1370 NE 2nd, LLC has relied on Section 33C-15 of the County Code in expending significant funds related to the redevelopment of the Property consistent with those Ro-Jr•II r-rr.rriri. , L;i kin q Tiii',.",i 13{i5 3P 5I2A 1'1014A 905,377.6222 F,rx I ripr__fimdilrraininglo►+d-cri, Submitted into the public record for item(s) PZ.4 on Q3 14 2Q2Z, City Clerk Mr. Arthur Noriega City Manager Page 3 regulations. It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v City of Hollywood, 329 So.2d 10 (FIa.1976); 5alkolsky v City of Coral Gables, 151 So.2d 433 (FIa.1963). Request. 1370 NE 2nd, LLC respectfully requests an exemption from Ordinance 9385 that makes clear that the Project may proceed under the applicable County Rapid Transit Zone regulations. As noted above, the City's failure to exempt the Project could result in the loss of a new headquarters for Miami -Dade County Public Schools and a parking resource for the Arsht Center. We respectfully request your review and consideration of our request. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6229. Cc: Russell Galbut Melissa Tapanes, Esq. jkt!lt:Uw R.,dtil Fv+fllutit LkilT.II!aNte: } 305.3/7.62i9 dut•i:t 130%'.'.7I b 2. k—ic I Wpt eirtttl l)i-zooiin(Ilsrw.•:m, BERCOW w RADELL FERNANDF 2 LARKIN TAPANES ,2�. .,,,. • 1 246 S.. Biscayne Bou?evai-EI i' ' 300 Miemi. r . 331 i i kvww. brvin'rn❑ lata.co m ?05 3 i 7 6ZV1 OT}irt. inS.377 6222 !ay +vqapjne5 R.bfr2n+sinq'iaw rcrr Submitted into the public record for item(s) PZ.4 on 03 1Q 2o2Z City Clerk March 8, 2022 VIA HAND DELIVERY Mr. Arthur Noriega City Manager Miami Riverside Center 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 RE: Request for Exemption to Ordinance 9385 (PZ.4 CC 3/10/22) 1 Southside Park: Rapid Transit Brickell Station Sub -Zone Dear Mr. Noriega: This law firm represents 191 SW 12 Owner LLC ("191 Owner"), the contract purchaser of 1105-1133 SW 2 Avenue, and owner of 191 SW 12 Street and 145 -165 SW 12 Street within the City of Miami (the "City"). Together, with 140-142 SW 11 Street ("Southside Park"), these parcels comprise the entirety of Block 85 South of the "Map of Miami" subdivision plat, recorded at Plat Book B, Page 41 of the Official Records of Miami Dade County, Florida ("Block 85"). In April 2020, 191 Owner and the City entered into a Public Benefits Agreement related to the redevelopment of Fire Station No. 4, development of a mixed -use project, and improvements to Southside Park. See Exhibit A, Public Benefits Agreement. The purpose of this correspondence is to respectfully request that exemption language be added to the proposed draft of Ordinance 9385 to make clear that projects that have followed the currently applicable County RTZ regulations and submitted site plan approval applications prior to the enactment of Ordinance 9385, like 1 Southside Park, are exempt from the proposed legislation. Property. Block 85 is located between SW 2 Avenue and SW 1 Court, between SW 11 and 12 Streets. The total area of the assemblage is approximately 3.39 acres. Surrounding Block 85 to the north, south, and west are multifamily residential uses, as well as a Florida Power and Light substation. The Brickeil Metrorail Station, the Brickell Metro -Mover station, and the Brickell Submitted into the public record for items) PZ.4 on 03/1O/ O22, City Clerk Mr. Arthur Noriega City Manager Page 2 Backyard portion of the Underline linear park are adjacent to the east side of Block 85. City -County Interlocal Agreement. In August 2018, the City and Miami -Dade County (the "County") entered into an Interlocal Agreement related to the Brickell Metrorail Station and expansion of the County's Rapid Transit Zone ("Interlocal Agreement"). See Exhibit B, Interlocal Agreement. The text of the Interlocal Agreement notes that the City, by Resolution No. 78-453, urged the County to provide for joint private and public development opportunities in convenient proximity to rapid transit stations and urged cooperation between the two governmental entities. Further the agreement notes that the integration of development on Block 85 with County transit facilities is of County -wide and regional importance. The Interlocal Agreement is executed by both the City and the County and specifically contemplates the expansion of the County's Rapid Transit Zone ("RTZ') to include Block 85. Consistent with the concepts described in the Interlocal Agreement, the County adopted Ordinance No. 18-66 that expanded the County's Rapid Transit Zone (the "RTZ") to create the Brickell Station Subzone. The Brickell Station Subzone of the RTZ encompasses the entire block between SW 11 Street on the north, SW 12 Street on the south, SW 2 Avenue on the west, and SW 1 Avenue (and the Metrorail) on the east. See Exhibit C, County Ordinance No. 18-66. For clarity, the County's RTZ currently includes the entirety of Block 85. In the spirit of mutual cooperation articulated in the Interlocal Agreement, the Brickell Station Subzone requires City participation at each stage of site plan review and approval, and provides for additional deference to the City's review positions. Public Benefits Agreement. On February 24, 2020 the City Commission approved the Public Benefit Agreement with 191 Owner and the agreement was executed by the City on April 13, 2020. The 2020 Public Benefit Agreement provides a number Public Benefits to the City: • Construction of new state-of-the-art Fire Station No. 4 for the City • Cash contribution for new Fire Station equipment • Construction and contribution of parking spaces to Miami Parking Authority • Public Benefit Contributions for Additional Development Rights (TDRs) • Improvements to 5outhside Park and Metrorail landscaping • Improvements to SW 2nd Avenue and SW 12 Street public streetscapes • an Arts, Culture and Entertainment Contribution • Payment to the City of a Capital Transaction Fee • Local Workforce Hiring • Increase to Tax Base • increases in Development Fees Paid 6ercrrv,o Radell Fernanaer Larkin & amines I 's0: 377 6227 chrecl l 30.377 6222lax i mtaaanea�u+brzoninalaw.carr. Submitted into the public record for item(s) P2.4 on gyjsipcjn, City Clerk Mr. Arthur Noriega City Manager Page 3 The 2020 Public Benefit Agreement also included conceptual plans for both the private property as well as Southside Park to demonstrate the vision and intent for these spaces. It is important to note that the Public Benefits Agreement references the Interlocal Agreement and confirms that the County's RTZ regulations as codified in Chapter 33C of the County Code are the regulations which apply to Block 85. Specifically, Section 8 of the Public Benefits Agreement notes that "[t]he parties acknowledge that Block 85 is located within the Miami -Dade County Rapid Transit Zone, specifically the Brickell Station Subzone, and the City has agreed, for purposes and in the context of this Agreement, to grant the County exclusive land use, zoning, alcohol beverage law, and building permit authority with respect to the Project in accordance with the terms and conditions of the Interlocal Agreement and the Development Regulations." See Interlocal Agreement, page 6. The Interlocal Agreement defines "Development Regulations" as Chapter 33C of the County's Code of Ordinances. See Interlocal Agreement, page 2. Site Plan Approval. Consistent with the Interlocal Agreement, the Public Benefits Agreement, and the Brickell Station Subzone Regulations (Section 33C-10) of the County Code 191 Owner and the City applied for approval of a General Plan for Block 85. The General Plan for Block 85 was approved via County Process No. Z2020000109. Following the process in Section 33C-10 of the County Code, details associated with the mixed -use tower, including Fire Station No. 4, were approved by the County via Administrative Site Plan Review Process No. Z2021000001. Details associated with the improvements to Southside Park have been submitted to the County and are under review, and are identified via Administrative Site Plan Review Process No. Z2021000130. Reliance. 191 Owner has complied with the obligations delineated in the Public Benefits Agreement and is moving forward in good faith. However, the City's Ordinance 9385, approved at first reading on February 24, 2022, includes provisions which run contrary to the terms of both the Interlocal Agreement and the Public Benefits Agreement. Ordinance 9385 adds language to the City's Zoning Code that requires "Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subject to all of the provisions of the Miami 21 Code." However, as previously noted, both the Interlocal Agreement and the Public Benefit Agreement, approved and executed by the City, confirm that the County's regulations apply in full. 191 Owner has relied on the Interlocal Agreement and Bei cow Radeli Ferriancez LafkFr $ Tapanes 1 305 37? 6227 direct 1305 377 6222 fax i mtapanesi'Obrzgrangiaw.win Submitted into the public f record for item(s) PZ.4 on 03 TO 2022 City Clerk Mr. Arthur Noriega City Manager Page 4 the Public Benefits Agreement and expended significant funds related to the redevelopment of Block 85 consistent with the terms of these documents.' Request. In consideration of the Good Faith provisions of Section 43 of the Public Benefit Agreement, 191 Owner respectfully request that exemption language be added to the proposed draft of Ordinance 9385 to make clear that projects that have followed the currently applicable County RTZ regulations and submitted site plan _approval _applications prior to the enactment of Ordinance 9385, like 1 Southside Park, are exempt from the proposed legislation. Should you have any questions, comments or concerns, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, �G- Melissa Tapanes Llahues Enclosures Cc: Michael Stern Serena Rakhlin Carl' Kasha! Victoria Mendez, City Attorney Todd Hannon, City Clerk Commissioner Joe Carollo ' It should also be noted that Florida courts consistently uphold the position that the doctrine of equitable estoppel will preclude a municipality from exercising its zoning power where a property owner: (1) in good faith, (2) upon some act or omission of the government, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v. City of Hollywood 329 So.2d 1 ❑ (FIa.1976); Salkolsky v City of Coral Gables 151 So.2d 433 (Fla.1963). RFrm.& RneNil PFrngrrl+-: r.lrti S TArklas.1•7153i7 ei721 tlIt4t1 I lilt' 211 h.' 2lar i rn1AT>.7nos+r hr2onili)Iaw cza r Submitted into the public record for item(s) PZ.4 an 03/1012022, City Clerkv EXHIBIT A CFN 20200244820 BOOK 31909 PAGE 847 DATE 04/22/2020 03:12:50 PM HARVEY RUVIN, CLERK OF COURT MIA-DADE err PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 THIS PLII3LIC BENEFIT AGREEMENT 1rR 3 L. , 2020. between 191 SW 12 Owner authorized to transact business in Florida ("Developer' corporation and a political suhdivision of the State of are together reten-ed to as the "Parties" ). "At reernettt") is made this [ 13 ] day of LL.C, a Delaware limited liability company '), and the City of -Miami, Florida. a municipal Florida (the "City") (Developer and the City WI'TNESSETH WHEREAS, the City is the owner of property located at 1105, 1115. 1131. and 1 133 SW 2 Avenue in Miami -Dade County, Florida, identified by the Miami -Dade County -Property Appraiser (the "Property Appraiser') by Folio Nos. 01-4138-051-0400, 01-4138-051-0410, 01-4138-051- 0390, 01-4138-051-0420, and legally described in Exhibit "A" (collectively, the "Existing Fire Station Parcel") on which the City currently operates City of Miami Fire Station No. 4 (the "Existing Fire Station"): and; WHEREAS. the Developer is the contract purchaser of the property located at 191 SW 12 Street in Miami -Dade County. Florida_ identified by the Property Appraiser by Folio No. 01-4138- 051-0430 (the "191 SW 12 Street Parcef'l, and legally described in Exhibit "B": and WHEREAS, the Developer is the beneficial owner of the 191 SW 12 Street Parcel and will own the 191 SW 12 Street Parcel fallowing site plan approval for the Project and prior to the commencement of construction: and WHEREAS, pursuant to City or Miami Resolution No. R-17-0 330 adopted by the City of Miami Commission fthe"Ci1v Commission"), a true and correct copy of which is attached hereto as Exhibit C and by this reference made a part hereof, the City and Southside Place LLC, a Florida limited liability company ("Original Developer-) entered into that certain Public Benefit Agreement Regarding Consirucliun of the New Fire Station No, 4 dated as of February 16, 2018 (the "2018 Public Benefits Agreement"): and WHEREAS, pursuant to the 2018 Public Benefits Agreement the Original Developer agreed to construct the New Fire Station (as hereinafter defined) and, upon completion, to convey the New Fire Station to the City for no compensation, for the creation ofseparate City and Original Developer parcels: and WHEREAS, by executing this Agreement subject expressly to prior review and approval by the City Commission. the 2018 Public Benefits Agreement will at such time he null and void and of no further effect as it will be concurrently replaced and superseded by this Agreement: and 1VHEREAS, Developer may also elect to acquire all of the right, tide and interest of CS Brickell LL.C. a Delaware limited liability company, in one or more contracts for the purchase of the properties located at 145 SW 12 Street. l55 SW 12 Street, and 165 SW 12 Street in Miami -Dade County- Florida. identified by the Property Appraiser as Folio Nos. 01-0208-050-)022, 01-0208- 050-1021, and 0l-0208-050-1020, as more particularly described in Exhibit D attached hereto and by this reference made a part. hereof (collectively, the "12'h Street. Parcels"); and 1 Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN: 20200244820 BOOK 31909 PAGE 848 WHEREAS, the Developer will promptly Finnish to the City Manager and the Director or the Department of Real Estate and Asset Management ("DREAM") executed copies ot'purchase and sale agreements for any of these properties for which it enters into agreements to purchase; and WHEREAS, Developer intends to cause the 191 SW 12 Street Parcel and the Existing Fire Station Parcel (collectively, the "Proiect Site") and, if acquired by Developer. the 12t Street Parcels (collectively. the "Expanded Proiect Site"; and the Project Site or Expanded Project Site, as applicable. the ''Block 85 Assemblage') to be developed as part of a mixed use development in substantial accordance with the Project Plans (as hereinafter defined); and WHEREAS, the City owns the First Miami High School, a City -designated historic resource located at 142 SW 11 Street identified by the Prnpetty Appraiser as Folio No, 04 4138 051- 0380 (the "First Miami High Seboon, as well as park land located at 140 SW 11 Street identified by the_ Property Appraiser as 0I -020E-050-l01( (the "Soutltsidc Park"): and WHEREAS, pursuant to (i) that certain City of Miami Resolution No. R-613-18 adopted b} the City Commission on July 13, 2017, a true and correct copy of which is attached hereto as Exhibit E and by this reference made a part hereof, and (ii) that certain Resolution No. 18-66 of the Board of County Commissioners of Miami -Dade County (the "County-) adopted on June 5, 2018. a true and correct copy of which is attached hereto as Exhibit F and by this reference made a part hereof'. the City and the County authorized the execution of that certain !nterlocal Agreement, dated as of August 2, 2018, a true and correct copy of which is attached hereto as Exhibit G and by this reference made a pan hereof (the "Interlocal Agreement"): and WHEREAS, pursuant to the hitedo al Agreement. the County's Rapid Transit Zone (the -RI-CI was expanded to include the Brickell Station Subzone (the "Brickell Station Subzone"). which includes all of the property lying situate in Miami -Dade County forming parr of Block 85 South of the M1AM) HELQliTS SUBDIVISION. according to the Plat thereof, as recorded in Plat Books, Page 29 of the Public Records of Miami -Dade County, Florida ("Block 85'); and WHEREAS, pursuant to the Interlocal Agreement and Chapter 33C of the County's Code of Ordinances (collectively. the -Development Regulations.), as amended, subsequent to the 2018 Public Benefits Agreement. the County now has exclusive jurisdiction over Block 85 with respect to land usa and zoning matters: and WHEREAS. the Briekelf Station Subzone is included within a Downtown Regional Metropolitan Urban Center on the County's Comprehensive Development Master Plan ("CDNIP") Future Land l)se Map ("FI_L1NT"); and WHEREAS_ Block 85 is currently underutilized in terms of develepmcnl rights in that It ccrosists of a park, vacant and underdeveloped lots. and an aging fire station; and WHEREAS. in recent years the Brickell arca has become known for its sweeping cityscape, world class architecture. dense population and growing urban environment; and WHEREAS. the Fxistinst Fire Station is no longer adequate to meet the needs of its surrounding community within the City; and Submitted into the public record for items) PZ.4 on 03/1O/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 849 WHEREAS, the Existing Fire Station and the ocher current uses within Block 83 are inconsistent with the goals and vision of the City and County to provide for joint private and public development opportunities, including essential public amenities, retail services, employment centers, housing and institutional attractions in convenient proximity to rapid transit stations, all as more particularly described in the Ittterlocal Agreement; and WHEREAS. the CI ry has identified a need for the creation ora new turn -key, approximately 31.708 square fool, world class.' first class, state of the art fire station, with an additional One Hundred Thousand Dollars ($100,000) allowance (part of the Additional NFS Cash Contribution (as hereinafter defined)) for FFE (e.g,_ kitchen equipment. but will exclude fire-fightinv. equipment) with a mezzanine level and a new workout area (the -New Fire Station") that shall permit the larger new lure -rescue trucks the City will be obtaining, which New Fire Station shall be constructed for the exclusive use and benefit of the City's Fire Department and in compliance with the Development Regulations, Florida Building Code. the National Fire and Protection Agency. and any and all other caws. rules, or regulations applicable to the terms or this Agreement ("Applicable Laws"). and WHEREAS, consistent with the goals of the lnterlocai Agreement and the Development Regulations, the City and Developer have entered into this Ag.reement for txuposes of providing for the redevelopment of Block 85 with a new, stare of the art high density. mixed use. transit -oriented urban development pro iding much needed retail uses and amenities for the Brie ken Station Subzonc and surrounding urban areas (collectively. the "Project"): and WHEREAS, subject to the terms and conditions of this Agreement, Developer has agreed to (i) construct the New Fire Station at its expense at an estimated cost anticipated to he not less than Eight Million Dollars (S8,000,000) and (ii) make a Two Million and Two Hundred Thousand Dollars (S2.200.000) cash contribution to be implemented by the City as an add itionaI public benefits con1ibution (the "Additional N FS Cash Contributionr"), which Additional NSF- Cash Contribution is anticipated to be expended as follows: (a) one million and one hundred thousand dollars (S1,100.000) of which it is anticipated shall be allocated fir the purchase one (1) ladder truck, one (1) engine truck, two (2) tire -rescue trucks, and two (2) Ford trucks in connection with the operation or the New Fire Station; (b) One Million Dollars (51,000.O00-00) of which it is anticipated shall be allocated to other Fire Department -related expenses; and (e) One. Hundred Thousand Dollars (S100.000) of which it is anticipated shall he allocated to the purchase of furnishing, fixtures and equipment ("FFE') for the New Fire Station: and WHEREAS, as a condition or the approval of the Project, Developer has agreed that the Project will include thirty live i35} designated parking spaces conveyed to the City in fee simple and available for exclusive use by the City in connection with the operation oftlrc New Fire Station and ninety (90) parking spaces available to Miami Parkins Authority, at no cost, for park use (the' -NFS Parking Spaces"); and WHEREAS. in order to provide for a development of -sufficient scale and with sufficient amenities to satisfy the requirements of the Intcrlocal Agreement, the City has agreed to transfer certain developincnt density rights associated with the First Miami High School and Southside Park (collectively. the "City Property") to the Block 85 Assemblage in exc.hanue for the TDR Payment (as hereinafter defined): and Submitted into the public record for item(s) Pz.4 on 03J1O/2O2 City Clerk CFN 20200244820 BOOK 31909 PAGE 850 WHEREAS. upon completion of the construction of the New Fire Station and conveyance of the New Fire Station Parcel (as hereinafter defined) to the City. the City shall convey the Existing Fire Station Parcel to Developer or its designee in fee simple: and WHEREAS, the conveyance or the Existing Fire Station Parcel to Developer. or Developer's designee. in connection with the construction of the New Fire Station is exempt from the competitive bidding process and other requirements because the Existing Fire Station Parcel is being conveyed to i'up lenieut projects of a governmental agency or instrumentality: and WHEREAS, the construction of the Project will create certain recurring fiscal benefits for the City's tax base as well as much needed temporary and permanent anent jobs and housing; and WHEREAS. the City and Developer wish ro provide For the authorization for t1ie construction of the Protect in accordance with the requirements of Section 33C-10 of the lvtianii- Dade County Code of Ordinances (the "County Code") and the CDMP: and WHEREAS, the execution and delivery of this Agreement on the turns and conditions set forth below has been authorized by all requisite action of the members and'or managers of Developer-. NOW THEREFORE. in consideration oldie mutual eovenants contained herein, it is hereby understood and agreed: Section I. Recitals: Consideration. The recitals and findings contained in die Preamble or Whereas Clauses to this Section are adopted by reference and incorporated as if fully set forth in this Section. The Parties hereby airrrcc that the consideration and obligations recited and pim ided 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 this A,reemrnt, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it: all Words in the singular include the plural. and words in plural include the singular; (e) 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 ra articles. (e) The Patties hereto agree that this Agreement shall not be more strictly construed against tither the City or Developer, as all parties are drafters of this Agreement: and ( I) The recitals are true and correct and are incatliorated into and made a part of this .Agreement, 1'he anaclicd exhibits shall be deemed adopted and incorporated into the Agreement; provided however, that this Agreement shall be deemed to control in the event ref a conflict between the attachments and this Aurccnient. 4 . Submitted into the public record for items) PZ.4 an 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 851 Section 3. Definitions, Capitalized terms shall have the meaning as set forth in this Agreement. "County" means Miami -Dade County. u political subdivision or the State of Florida. "Developtnent Permit(s)" includes any building permit, zoning permit, subdivision approval, rezoning. certification. special exception, variance. or any other official action of local government having the effect of peiinitting the development of land. "Final Sire Plan Approval" shall rnean the final (non -appealable) approval of site plans fir the Block 85 Assemblage, substantially in compliance with the Project Plans and the Development Regulations. "NFS and Park improvement Activities" means Developer's construction of the New Fire Station and the improvements to Southside Park pursuant Section 12(1) hereof. "TCD" shall mean a Temporary Ccnificate of Occupancy issued by the Miami -Dade County Department of Regulatory and Economic Resources Department. Section 4. Put -poses. The Parties have entered into this Agreement t'or purposes of setting forth their agreements with respect to: (a) the terms and eondil.ions of the agreements between the City and Developer with respect to the construction of the New Fire Station and the NFS Parking Spaces for the City and the exchange nl'the Existing Fire Station Parcel for the New Fire Station_ (b) the release of the New Fire Station Parcel from the operation and effect of any ground lease and any mortgages placed upon the privately owned Block 85 Assemblage in connection with the construction of the Project. (e) the casements, covenants. conditions and restrictions which will govern the Project which shall be provided For in the Shared Facilities Agreement, (d) certain additional public benefits to he provided by Developer to the City, including without limitation, the payment ot'the Additional NFS Cash Contribution and agreements to undertake other construction obligations and exercise commercially reasonable efforts to create additional business and employment opportunities for residents of the City of Miami and local businesses involved in the construction industry and te) the commitments of the City to Developer and the Project, including obligations with respect to the transfer of development density rights associate) with the City Property and the cooperation of the City witli Developer in connection with Developer's execution of its development plan, all in consideration of the agreements and undertakings of Developer contained in this Agreetent. In the event that Developer does not obtain ownership and control of the 191 SW 12 Street Parcel within eighteen I ] 8) months (}lithe Effective Date (subject in all evGntti to such extension of such time as may be required by reason of Force Majeure (as defined below)), this Agreement shall be automatically terminated. Section 5. Affected Property. This Agreement is not intended to affect any property other than the land within Block 85. Section 6. Term of Agreement, Effective Date and Binding Effect, This Agreement shall become effective on the date on which the City Manager executes this Agreement with prior approval from the City Commission (the "Effective Date") and shall constitute a covenant running with the land that shall be binding upon, and inure to the benefit of. Developer. the City and their Submitted into the public record for items) PZ.4 an 173 ]U Zt7Zz City Clerk CFN. 20200244820 BOOK 3190E PAGE 852 respective successors, assigns, affiliates and subsidiaries (if any), heirs, legal representatives, and personal representatives. This Agreement shall have a tetrn of thirty (30) years from the Effective Date (the 'Term") and shall be recorded in the public records ol'Miami-Dade County by Developer and filed with the City Clerk. The Developer shall furnish to the Ciry a cern lird copy of the recorded Agreement within twenty (20 l days of it being recorded. The Term of this Agreement may only be attended or released by the written agreement of the Parties, provided that if the Project. or any portion thereof, is submitted to condwninium ownership pursuant to the Florida Condominium Act. Chapter 718. Florida Statutes (2019), then the condominium associationis) in whiclt the owners of condominium units shall be members shall be the proper party or parties to execute any such amendment or release with respect to any poninn of the Project submitted to condominium ownership. Any amendment or releansc must be in a font reasonably acceptable to the City and contained in this Section 6,�in the event that the Project Or any portion thereof is submitted to a condominium form of ownership, the City shall be responsible solely for payment of. the City Operating Expenses (as defined herein) and the City shall have no obligation to pay any assessments ttr contribute any costs other than the City Operating Expenses. Section 7. Site Plan. The Project Site shall be developed substantially in compliance with plans, including, specifically, conceptual plans prepared by SHOP Architects PC. attached hereto as Exhibit H. The foregoing plans shall he collectively referred to in this Arnccment as the "Project Plans" and are described in derail by plans on tile with the City Clerk and are deemed to he incorporated by reference. "Substantially in compliance " fair purposes of this Agreement, shall be determined by the County Planning and Zoning Director. or designee. in accordance with Section 33-310.1.A, I of the County Code. Section 8. Zoning. Permitted Development Uses and Building Intensities. The parties acknowledge that Block 85 is locaied within the Miami -Dade County rapid Transit Zone. specifically the Briekell Station Subzone. and the City has agreed. for purposes and in the context of this Agreement. to grant the County exclusive land use, zoning, alcohol beverage law, and building permitting authority with respect to the Project in accordance with the terms and conditions of the tnierlocal Agreement and the Development Regulations. Accordingly, Developer shall be permitted to construct up to 500 multifamily residential units, per acre ofiand. Without limiting the generality oldie foregoing, by virtue or its execution of the lnterlocal Agreement, the City has determined, to the best of its present knowledge, information and belief, that the uses. intensities. and densities of development permitted by the Development Regulations are consistent with the City's Charter. Comprehensive Plan, and Zoning Ordinance. Section 9. Future Develonnieut, Future dcvclop memof-the Bluck83 Assemblage shall he permitted subject only to compliance with the requirements of the Development Regulations. The criteria to be used by the County in determining whether {future development shall be approved shall be consistency with the CDMP, this Agreement and the Development Regulations, and the CDMP, this Agreement, and the Development Regulations shall govern development of the Project for the duration of this Agreement. Any modifications to the Project Plans or this Agreement shall be approved in accordance with the Development Regulations. The City shall support and cooperate with Developer in securing development appro .al5 from the County pursuant to Section 33L'-l0 of the County Code to effectuate the terms of this Agreement and the transfer of development density through a Covenant in Lieu of tinily of Title. Submitted into the public record for items) PZ.4 on 03 m.m, City Clerk CFN' 20200244820 BOOK 31909 PAGE 853 Section 10. Construction of New Fire Station Parcel and Ivlixett-Use Project, and E►change of Properties. The provisionsof this Section 10 shall govern the obligations of the Parties in connection with the construction of the New Fire Station and the exchange of the Existing Fire Station Parcel for the New Fire Station Parcel. (a) Construction of New Fire Station and Parking Garage. (1} Developer shall construct the New Fire Station in accordance with the Approved NFS Plans (as hereinafter defined) atod, except its otherwise expressly provided herein, at Developer's sole cast and expense, estimated at approximately Eight Million Dollars (S8,000.000). Notwithstanding anything to the contrary contained herein, the City shall be solely responsible for payment to the Developer of any increases in the costs of construction for the New Fire Station that result from any (A) Proposed Plan Changes (as hereinafter defined) to the ApproGed NFS Plans requested by the City, providcd that (i) the amount due from the City in connection with any Proposed Plan Changes shall not exceed the total actual costs charged to the Developer by the general contractor and (ii) the general contractor shall not be permitted to charge greater than market value for such Proposed Plan Changes or(8) other acts nr omissions of the City as owner, including without limitation, any delays by the City in its approval of hears that require the City's approval as owner. (2) Developer shall cause final plans and specifications for the New Fire Station to be developed based on the Project Plans. or as otherwise mutually agreed to by the Parties. The final plans fur die New Fire Station shall he subject to the City's prior review and approval, such approval not to he unreasonably withheld, conditioned or delayed. Once such final plans have been approved, the City and Developer shall each execute a certificate continning the approval of such final plans t the -Approved NFS Plans'-). (3) Developer shall make the Additional NFS Cash Contribution, to be implemented by the City. which Additional NSF- Cash Contribution is anticipated to be expended as follows: (a) One Million and One Hundred Thousand Dollars (S1.100.000) of which it is anticipated shall be allocated for the purchase one (1 } ladder truck. one t I) engine buck, two (2) fire -rescue trucks. and two (2) Ford tracks in connection with the operation of the New Fire Station; (b) One Million Dollars ($1 .000,000) of which it is anticipated shall be allocated to other Fire Department -related expenses; and qc) One Hundred Thousand Dollars 0100.000) of which it is anticipated shall be allocated to the purchase of furnishing. fixtures and equipment ("FFE") for the New Fire Station. The City's Fire Department shall have absolute discretion regarding the ultimate allocation of the Additional NFS Cash Contri but ion. (b) Parking Garage_ 7 Submitted into the public record for item(s) PZ.4 on 03/10/Z022, City Clerk CFN: 20200244820 BOOT{ 31909 PAGE 851 l 1 j The parking. garage for the Project (the "Parking Garage') shall be constructed by Developer fit its sole cost and expense in substantial accordance with the Approved Parking Garage Pions (as hereinafter defined). The final plans For the NFS Parking Spaces shall be subject to the City's prior review and approval. (2) The Parking, Garage will include one hundred twcnry-five (125) parking spaces, the previously defined and described NFS Parking Spaces_ available for exclusive use by the City in connection with the operation of the New Fire Station and for park use. (11 Demeloper shalLenuse final plan__ and spi ilications for the N_FS Parkin;_, Spaces to be developed based on the Pn jcct Plans, or as otherwise mutually agreed to by the Parties. The final plants for the NFS Parking Spaces shall be subject to the City's prior review and approval. such approval not to be unreasonably withheld, conditioned or delayed, providing, however, that this will not preclude safety or design comments andior cotnmcnts dealing. with the Applicable Laws and Development Regulations, Once such final plans have been approved. the City and Developer shall each execute a certificate confirming the approval of such final plans (the "4pProved Parking Garage Plans"). (cl Proposed Changes. Any material changes, modifications. amendments or substitutions to the Approved NFS Plans or Approved Parking Garage Plans ("Proposed Plan Changes'"} may be made Irom time to time by written munial agreement of the parries. Without limiting the generality of the foregoing, the City shall not unreasonably withhold, delay or condition it, consent to any Proposed Plan Changes requested by Developer providing, however, that this will not preclude safety ui design toininents and/or comments dealing with rhc Applicable Laws. Notwithstanding anything to the contrary contained herein. design changes expressly. required for compliance with the Development Regulations and Applicable Laws shall not require the City's approval and Developer shall be permitted to make such chanecs to the extent that they achieve compliance but not beyond that without the City's consent. (d) Commencement of Construction. No later than the date that is etghtecn months (18) from the date of Final Site Plan Approval, the Developer shall commence construction of the New Fire Station and shall complete construction of the New Fire Station within thirty-six (36) months of commencement of construction, subject only w Force ivlajeure. as further defined in Section 44. A TCO I'ui tlic i5 rixed-usc towct tcxcludni'g' di1 Park iilg Gal age) shall Irlll be i .sued lli iO! t0 ih i,slialliX (lithe TC O for the New Fire Station. Construction shall comply with all Development Regulations and Applicable Laws, rules and regulations required to be complied with as pair of the process of building pennit issuance_ Upon the issuance of a building permit for the New Fire Station, the City shall no longer have access to the current parking area located at 1133 SW 2 Avenue identified by County Folk' No. 0I-4138-051-042[i for the Existing Fire Station. The Developer shall provide at its own cost and expense for nearby alternative temporary parking for the Existing Fire Station until delivery of the New Fire Station and the NFS Parkin, Spaces. (e) Tentporary Staging and Parkin„ Areas. During construction, the City shall make a portion of Southsidc Park. as City determines in its sole but reasonable discretion, available for imp -wary R Submitted into the public record for items) 1314 on 03/10/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 855 parking and staging for construction activities associated with the Project as a whole. At any lime during which Developer requires access and use of Southside Park and there are no on -going NFS and Park Improvement Activities being performed by Developer. such access and use of Southside Park for parkin_ and staging shall (a) he subject to a payment of Ten Thousand Dollars (S 10.000) per month and (b) not exceed eighteen (18) months unless Developer is diligently constructing, the Project in good faith, in which case such use shall not exceed furty°-two (42) months unless otherwise agreed to. in writing, by the City Manager. This includes providing(i) alternate parking spaces for City employees of the Existing Fire Station. (ii) parking for contractors, subcontractors and their employees, and (iii) space for staging and storage of construction materials and equipment. Notwithstanding the foregoing. the calculation of the eighteen (18) months described above shall be tolled and the S10.000 per month payment shall not he required during any period in which NFS and Park Improvement Actin hies are on -going Developer agrer'iopreserve aod_maintainpublic srecess to. and use of both the playground and the grounds surrounding the First Miami High School portions of Southside Park throughout the duration of the construction of the Project: provided. however. that Developer shall have the right to close such portions of Southside Park as may he necessary to facilitate construction of the Project andior the improvements to Southside Park pursuant to Section 12(f) hereof. The temporary staging and parking areas shall he retained until the completion of the Project, and Developer shall oat be required to terminate its use or the same until a reasonable time has passed following the issuance of such TCO or TC'Os as may he required for the occupancy of the entire Project, The Developer shall maintain the temporary parking and staging area in a safe and dean condition during the use specified herein and shall further he responsible to restore and rental Southside Park to a condition that is better than or equal to the original condition prior to Developer's use.. t fl New Fire Station Permitting Fees. The Developer shall be responsible for payment of any and all municipal or governmental fees from any jurisdiction having authority. including but not limited to City. County. State and Federal. related to any permits, certilicsntioris, dcv clopment orders, inspections and approvals required for the development of the New Fire Station, including but not limited to fees for building permits, public works approvals, zoning approvals. Cenificates or Use. Ccttilicates of Occupancy, Department of Environmental Resource Management approvals and Iviiami-Dade County Water and Sewer Department approvals and agreements to provide water and sewer service:. The Developer shall also be responsible for all other permitting, municipal or governmcntal fees related to construction of the interior finishes and interior build -out and occupancy 0fthe New Fire Station. The foregoing fees shall nor he included in the Developer's cost to construct the New Fire Station and the NFS Parking Spaces, (g) Water and Sewer Connection Charges and Utilities. The Developer at its sole cost and expense shall (a) pay all water and sewer connection charges and (h) provide and construct all water and sewer infrastructure required to support the Project. (h) Ri2hts of Access and Inspection. Developer shall have the right to enter upon and inspect the Existing Fire Station Parcel and otherwise conduct such tests and investigations as Developer deems necessary in connection with the development of the Existing Fire Station Parcel. The for'egainu shall include, without limitation. water and soil sampling and other environmental inspections. obtaining surveys and geotechnical testing. The City shall gram to the Developer a general access easement to enter upon the Existing Fire Station Parcel in order So construct the New Fire Station. The Developer shall limo the right to review and inspect title to the Existing Fire. Station Parcel in order to determine its status. 5} Submitted into the public record for item(s) PZ.4 on 133 IO zo22, City Clerk CFN 20200244820 BOOK 31909 PAGE 856 (i) Delivery of New Fire Station. Developer shall cause possession of the New Fire Station to he delivered, and title to the New Fire Station Parcel to be conveyed. to the City. on 01 before the date that is not less than thirty (30) days and not more than ninety (90) days after the substantial completion ofthe New Fire Station tthe "Ontside NFS Closing Date"). Title to the New Fire Station Parcel shall be conveyed by Developer to the City by Special Warranty Deed, subject only to easements, covenants, conditions and restrictions of record that (a) are common to tho Block his Assemblage, lb) do not contain any right of reverter. rights of reversion. or otherwise render title to the New Firc Station Parcel uninsurable or unmarketable and (e) shall not interfere with the construction or quiet enjoyment (following the completion ofconstruction of the Project) or operation ofthe New 1•ire Station. In that regard. the Parties acknowledge and agree that the New Fire Station Parcel" shall constitute a vertical subdivision of land which includes the New Fire Station. 1 Conveyance of E!tistin2 Fire Station to Developer- The City shall convey the Existing Fire Station Parcel, and deliver possession thereof, to Developer or Developer's designee simultaneously with the conveyance of title to the New Fire Station Parcel, and the delivery of possession thereof, from Developer to the City. Except t'nr those restrictions otherwise specified in this Agreernent and the Intcrlocal Agreement, as applicable title to the Existing Fire Station Parcel shall be conveyed by the City to Developer by Special Wan'anty Deed, subject only to easements. covenants, conditions and restrietions of record that (a) are comm.rnt to the Block 85 Assemblage, (b) do not render title to the Existing Fire Station Pace' uninsurabta or unmarketable and (c) shall nos interfere with the construction oldie Project as contemplated by the Project Plans_ sky Closing Prorations and Adiustntcnts, On the date blithe closing of the exchange of the New Fire Station Parcel for the Existing Firc Station Parcel and the City's acceptance of the New Fire Station (the -Closing Dale"), (i) Developer shall make a payment to City in an amount equal to the Additional NFS Cash Contribution and tit) closing expenses shall he allocated between the Parties and such additional prarations and adjustments shall be made between the Parties in accordance with local custont- (1) Shared Facilities Agreement. Developer shall subject. or cause Developer's designee to subject. title to the Block 85 Assemblage to a Shared Facilities Agreement that will govern the rights and responsibilities of the Parties vis-a-vis one another as the owners (it -properties within the Block 85 (the "Shared Facilities Agreement"). Ai the time at -closing. the City shall execute any and all such additional documents as may be required in order to subject the Existing Fire Station Parcel to The Shared Facilities Agreement, subject in the reasonable review and approval of the City Manager and City Attorney. (nt) tndcnutlty. The Developer shall inslenuu iy, defend (at iLi cost grad expense). toile hold harmless the City and its departments, agencies. instrumentalities, officials and employees (collectively referred in as "Indeinuitees"), and each cif them from and against all loss, costs. penalties, fines. damages. claims, expenses (including reasonable attorneys' fees) or liabilities (collcctivcly referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising, out of. resulting from. or in connection with ; i) the negligent performance or non-performance of the goods. design, labor. construction. materials, equipment. supplies services, or any performance or non-performance as contemplated by this Agreement (whether active or passive) of the Developer or its employees. contractors or subcontractors. consultants or other authorized agents and representatives of the Developer teolleeth ely referred to as the " 1 ndcntnitot Parties") or which is caused- in whole or in part. by any lr1 Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 857 act. omission, default or negligence (whether active or passive or in strict liability) of the lndenrnitor Panics. or any of them or (ii) the failure of the Developer to comply materially with any of the requirements herein, or the failure of the Developer to conform to Applicable Laws. statutes. ordinances, or other regulations or requirernents of any governmental authority, local, federal or slate, in connection with the performance or approval of this Agreement. or (iii) claims for fees or comrnissions by any real estate sales persons. brokers or agents. lawyers, architects, landscape architects, engineers, mappers, surveyors, contractors, subcontractors, laborers, suppliers, material persons, lobbyists or any other person or entity retained or hired by the Developer relative to this Project, or (iv) Third Party Claims and Defenses under Section 36 herein. The Developer expressly agrees to indemnify. defend and held harmless the Indemnitees. or any of them, from and against all liabilities which may be asserted by any employee or tonne/' employee ot'the Developer, or any of its contractors or subcootraclars. us provided above, for which the Developer's liability to such employee or former employee would otherwise be limited to payments under the state's Workers` Compensation. Occupational Health and Safety Act, or similar laws, or (v) Third Party Claims as provided in Section 36 of this Agreement. The Developer further agrees to indemnify, defend and hold harmless the lndemnitees from and against (it any and all Liabilities unposed on account of -the violation of any Applicable Laws. law, ordinance. order. rule_ regulation, condition, or requirement, related directly- to the Developer's neeliLLgent performance under this Agreement. compliance with which is required by this Agreement oldie DeveIoper'lndenuut0r, and (ii) any and all claims. and;trr suits for labor, equipment, supplies, and materials furnished by the Developer or utilized in the performance of this Agreement or otherwise. In the event that any third -party asserts a claim against the Developer and or the Indemnitees for which the Developer is defending the Indemnitees relating to the services provided. the Devef oiler shall have the right to select its legal counsel for such defense, subject to the approval of the City. which approval shall not be unreasonably withheld. The Developer's abli,:rtinns to indemnify, defend and hold harmless the Indemnitees shall survive Ibe termination 0r expiration of this Agreement. TheDeveloper understands and agrees that any and all liabilities regarding the use of any contractor nr suhconiractor for services related to this Agreement shall be borne solely by the Developer throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. The Developer further understands that its contractors or subcontractors shall provide ihc: City with the very same insurance requirements as those the Developer shall provide the City. The City and the Developer are not joint ventures, associates, partners or affiliates but rather arc each independent and distinct from one another. Any delis. defaults, promises to pay moneys, or other commitments of the Developer rest solely with the Developer and are not imputable to the City. tn) Insurance. The Developer shall cause its general contractor and subcontractors to obtain and maintain in force for the terns of this Agreement. adequate insurance coverage deemed acceptable by the Developer. The City's requirements for insurance are attached as Exhibit I hereto. Developer shall maintain such insurance coverages as are specified on this Exhibit and they will he required as specified throughout the term of this Aureement. (o) Coo0eration. Notwithstanding any contrary term or provision contained herein, the City agrees to use its reasonable good faith efforts to cooperate with Developer to implement the provisions of this Agreement. including without limitation this Section 10 and section 12, in the most tax -efficient manner possible in accordance with Applicable Laws. so long as the City's tax 1i Submitted into the public record for item(s) PZ.4 on 03/1O/Z022, City Clerk CFN. 20200244820 BOOK 311309 PAGE 858 revenue in connection therewith is not diminished nr athenv'ise negatively affected. Such cooperation may include (i) restructuring. legal or beneficial ownership of the Existing Firc Station Parcel, the New Fire Station Parcel, or the New Firc: Station via a ground lease, land trust, partnership and/or other legal structure as Developer may request and the Citv shall consider and shall not unreasonably refuse its approval. (ii) executing such customary and standard documents that may be reasonably requested by a prospective. lender tot' purposes of financing Developer's acquisition of all or any portion or the Block S5 Assemblage, the construction nfthe New Fire Station and the other Project improvements and the payment of any other obligations of Developer to City required by this Agreement, including but not limited to such documents as Developers lender may require for purposes of subordinating the rights ofthe Parties under this Agreement to a mortgage securing any such Financing, provider[ that in no event shall any such subordination agreement require the City to transfer any development rights or properly nor may it ever encumber the City's title to any property it owns unless it receives the puhfic benefits and other consideration provided fbr in this Agreement, in a manner solely decided, or denied, as applicable in the sole and absolute discretion (tithe City Commission. (iii) agreeing to make consistent reporting with respect to the agreed upon characterization oldie conveyance of the New Fire Station and the New Fire Station Parcel, as well as the conveyance of the Existing Fire Station and (iv) agreeing to modify certain aspects of the transactions contemplated herein to maintain compliance with all applicable tax rules, or if pursuant to the reasonable request of Developer, so long as such cooperative efforts: (1) do nor materially adversely affect or impede the perfornutnce of the obligations of the Parties hereunder; (2) do not reduce or diminish the tax revenue or other revenues otherwise due to the City: and (3) are acceptable in foram and substance to the City Attorney and City Manager in their reasonable discretion. Section 11. New Fire Station Operation. The Parties hereby agree upon thc following with respect to the operation of the New Fire Station: (a) En►ironinental Remedialion Subject to the limitations provided for in Section 768,28, Florida Statutes. it is agreed to by Developer and the City that once and if the presence tri' any hazardous materials or waste on the Existing Fire Station Parcel is confirmed and notice is provided to the City of such, the City and/or Developer shall pursue remediation. City further agrees, subject to Applicable Laws and at no cost to the City, to cooperate with Developer in connection with all reasonable requests in connection with such remediation. if applicable. the City shall use reasonable efforts to serve as a co -applicant and reasonably review and consider the Developer's application to designate all nr a portion of the Block 85 Assemblage as a brow ritield. Nothing herein shall limit Developer's ability to seek. recovery from City as expressly- permitted pursuant to law providing that the parties understand and agree that this Agreement, including this Section. does ntn grant, establish, confer nr provide the Developer with any tights or remedies not already expressly provided by the laws of the State of Florida. 1 he City expressly reserves sovcreign immunity as provided by taw (subject to Section 768.281, Florida Statutes (2019)), find all other defenses, immunities, claims, actions and privileges as are provided by law. (h) Occupane . Upon receipt of the TCO and the City's acceptance of the New Fire Station, thc City shall be permuted iu take possession attic New Firc Station, pursuant to the terms of and conditions of Sections 10(i) and I Ot_j ). (c) Nuisance. Consistent with the requirements of Section 316.271. Florida Statutes. the Now Fire Station's service vehicle sirens, whistles and hells "shall not be used except when the vehicle is operated in response to an emergency call, in which event the driver of the vehicle shall sound the I Submitted into the public record for items)FZ.4 on 03/1O/2022, City Clerk CFN: 20200244820 BOOK 31909 PAGE 859 siren. whistle. or bell when reasonably necessary to warn pedestrians and other drivers of the approach thereof." if the New Fire Station-6- service vehicles are not responding to an zrnetency call ar warning pedestrians or other drivers. then the use of sirens will be prohibited in order to avoid any disturbance and nuisance to residents and neighbors. The City of Miami Dcpartmeni of Fire -Rescue (the "Fire Department") shall adopt and enforce policies that minimize the noise caused by the New Fire Station and the vehicles used by the New Fire Station. (d) itilities and Operating Expenses_ Consistent with rite requirements of the Shared Facilities Agreement. the: City shall be responsible fir payment of expenses directly serving, and solely attributable to the New Fire Station, including but not limited to (it utility expenses such as elcciricity, cable, water and sewer service, maintenance costs and other operational expenses. and (ii) the cost of other services spelt as solid waste removal and any costs of shared facilities within the Project solely allocable to the New Fire Station (collectively. the "City Operating Expenses'), Developer shall be responsible for installation of separate meters and.or connections for electrical, cable, water, and sewer utilities to service the New Fire Station. (e) 'faxes. The Fire Department's use and ownership of the New Fire Station is solely for the specific. exclusive municipal public purpose and essential public service of providing a Fire -Rescue Station and is not subject to ad valorem taxation. In the event the Property Appraiser incorrectly assesses ad -valorem taxes against she New Fire Station or the New Fire Station Panel, Developer will reasonably cooperate with the City's efforts to ensure that no tares are assessed against the New Fire Station or the New Fire Station Parcel. Developer and the City shall each be responsible for the payment of' any taxes tier which its property is assessed after both closings have been completed, each as to their own respective portions of the Block 85 Assemblage only (the City portion should he exempt from taxes) and the Shared Facilities Agreement has been entered into by the Parties. Until such time. Developer shall be responsible fbr the payment of any governmental taxes, assessments. charges, irnptssitions and encumbrances assessed against the New Fire Station Parcel, Section 12. Public Benefits. In consideration of the agreements of the City contained herein and, subject to the City's payment and performance of its nbligations hereunder and the issuance of all of the required Development Permits. Developer shall construct the New Fire Station and perform the balance of its obligations under this Agreement, including the payment of the Additional NFS Cash Contribution. in addition. Developer shall cornply with the following requirements as public benefits to the City. (a) Transfer of Development Rights. Developer agrees that it shall make a one-time payment to the City (the -TDR Pavntent") which funds the City shall apply for the exclusive and restricted use elf promoting and developing atibrdable housing and park projccts [including fund acquisition) within Dissrict 3 in an amount equal to Nine Million Dollars (S9,000.000) (the ••TDR Payment Amount') upon the date as of which (i) the County shall have accepted and recorded the Covenant in Lieu of Unity of Title for Block 85 (the 'Covenant in Lieu") and (ii) the Laity shall have u'ansferrcd dc.elapment density rights of not Tess than five hundred (500) residential units and no more than nine hundred forty-seven (947) units from the City Property to the Block 85 assemblage in accordance with the applicable requirements. of the Development Regulations. The aforementioned Covenant in Lieu and transfer of density should occur prior to Final Site Plan Approval and payment of the 1DR Payment Amount is due within fifteen (15) days of the date as of which the County shall have issued Fina] Site Plan Approval for the Project. hi the event that the City has executed the Covenant in Lieu and site plan approval for the Project has not been achieved 13 Submitted into the public record for item(s) PZ.4 on plikoj2im, City Clerk CFN. 20200244820 BOOK{ 31909 PAGE 8B0 by December 31. 2020. the Developer shall make a one -nine good faith initial payment of Two Million Dollars (S2,000.000I towards the TDR Payment and thereafter only Seven Million Dollars ($7.000 000) shall the due at the time of Final Site Plan Approval. The foregoing good faith deposit may be waived by a majority vote of the Miami City Conunission. but only if the District 3 Commissioner agrees to sponsor and place the request for waiver on the agenda of the Miami City Commission meeting at which any such vote is to be taken. Developer further agrees that the TDR Payment Amount shall be increased by S 15,000 for each additional individual residential density unit in excess of 500 residential units transferred frotn the City Property to the Block 85 Assemblage by City at Developer's request. For example. 510 residential units would require an additional payment of $150,000. Impact Fee. amounting to Four Million One Hundred Thirty -Three Thousand One Hundred Ninety Dollars (54-133.19M or such modified amount based on the calculation set forth below, but in no event less than Four Million Dollars (54,000.000), to the City for the exclusive and restricted use of promoting and developing parks and recreational facilities (including land acquisition) throughout District 3 within fifteen (15) day of'the date as of which the County shall have issued Final Site Plan Approval for the Project_ Fur purposes ofthis Agreement, the Parks and Recreation Impact Fee shall he calculated by inuhiplyina the number of residential units within the Project Plans by the City's Parks and Recreation impact Fee amount, as published in Section 13-12 of the City's Code of Ordinances, as in effect at the time of site plan approval ("Park lmpnct Fee Payment"). lc) Public Benefit Contribution. Developer agrees that it shall make a one-time payment to the City (—Public Benefit Contribution") in an amount that when added to the TDR Payment Amount and the Park Impact Fee Payment equals Thirteen Million Dollars (S13.000.000) (the "Public Benefit Contribution Amount—) within fifteen (15) days of the date as of which the County shall have issued Final Site Plan Approval for the Project, For purposes of clarification, in the event that the sum of the TOR. Payment and the Park Eimpact Fee is greater than or equal to Thineen Million Dollars (S13,000,000), then no Public Benefit Contribution or Public Contribution Amount shall he payable pursuant to this section. (d) Arts, Culture and Entertainment Contribution. Developer agrees that it shall make two contributions to the City of Miami for the exclusive and restricted use ofprnmoting arts, culture and entertainment throughout District 3, including but not limited to Southside Park and general food distribution within the District, ea.:h in an amount equal to Two Hundred and Fifty Thousand Dollars ($250,000) ("Arts, Culture and Entertainment Contribution' . payable to the District 3 Office. The first contribution shall be duc fifteen (15) days following the Effective Date or this Agreement. The second contribution shall be due on June 15, 202t0. (e) Streetscape linprovencnts Contribution. Developer shall either (il contribute Two Hundred Thousand Dollars (S200,000.00) (the "Streetscape improvements Contribution Amount-) to the City upon Developer's application for Development Permits. or (li) lost a surety bond issued by a Florida surety rated A' V or Netter per A.M. Best's Key Rating Guide, Latest Edition. or an unconditional and irrevocable letter of credit in the amount of'Two Hundred Thousand Dollars (S200,000_00) and construct such public streetscape improvements as specified by the City Manager or Public Works Director to SW 2 Avenue and SW 12 Street. for which the total cost incurred by Developer (including all soft and hard construction costs and lees) shall equal or exceed the Sireetscape Improvements Contribution Amount or as otherwise required by the City Code of 14 Submitted into the public record for item(s) PZ.4 on 03/10/2O22, City Clerk CFN: 20200244820 BOOK 31909 PAGE 861 Ordinances. la the event Developer elects to construct the public streetscape improvements pursuant to clause (ii) of the preceding sentence. Developer shall work with the City to design and construct such improvements_ (f) Southside Park improvements Contribution. Developer at its sole discretion, cost and expense shall either by contribute Three Million Dollars (S3.000,000.00) for improvements to Southsidc Park (the "Soutltside Park Improvements Contribution Am0unt") to the City upon Developer's application for Development Permits, or lit) construct improvements estimated at Three Million Dollars (S3,000,000) substantially in compliance with the concept plans prepared by SIioP Architects PC, attached hereto as Exhibit 3 ("Southside Park lmprovetnent Plans-). subject to review and approvei by the City Manager. the City's Parks and Recreation Director. and the District 3 Conunissioncr. The City shall work with the Developer to allocate the Devrinper's prnvrn__paid Southside Park intprovetnenta Contribution Amount to develop the Southside Park Improvement Plans consistent with the intent of the plans. The total cost incurred by Developer (including all soft and hard construction costs and fees) shall equal or exceed the Southside Park Improvements Contribution Amount. to the evens that the total costs and expenses incurred by Developer in completing the Southside Park Improvement Plans shall be less than the Southsidc Park Improvements Contribution Amount. Developer shall make a one -dine payment to the City in the amount of the dilibrenee between such total costs and expenses incurred and the Southside Park Improvements Contribution Amount for the e\elusive and restricted use of promoting and developing attordable housing and park projects within District 3. (g) Soutltside Park. Southsidc Park shall remain a public park owned by the City and available for use by its residents and visitors. except that the Developer and the City shall enter into an agreement to allow access, temporary parking and construction staking to allow for the construction of the Project (as required pursuant to Section l0(e) herein) and the Southsidc Park Improvement Plans. ( It) Developer shall exercise commercially reasonable ellbi is to consult and coordinate with the City's CareeerSouree South Florida Center located at the Lindsey Hopkins Technical Center at 750 NW 20th Street, 4th Floor, Miami. Florida 33127: the Youth Co -Op, Inc. located at 5040 NW 71h Street. Suite 500, Miami, Florida 33126: and state andror County economic development entities regarding job valuing and job placement services to the City resident~ seeking employment opportunities with potential employers which will locate or establish businesses within the Project. Developer agrees to use diligent, good faith eft ris to achieve or to cause its general contructor(s) and subcontractors (each, individually, a -Contractor-) to use diligent, mood faith efforts to achieve, as applicable. the aspirational goals set forth in Section 12( it of this Agreement. First preference will he given to City residents who have lived within the City limits cur one or more years. it Developer shall cause each Contractor to exercise commcrcially reasonable efforts 10 cause at least twenty-five percent or the employees for the Project to be residents of the area comprised of the 33130, 33128 or 33135 zip codes (the "Immediate \'icinitv '). It: despite commercially reasonable elIurts. a Contractor shall be unable to procure enough employees from the Immediate Vicinity, Developer shall cause such Contractor to exercise commercially reasonable ctTnrts to cause at least twenty-five percent of the employees for the Project to be residents of the Immediate Vicinity or the area comprised by the five (5) zip codes with the highest poverty rates in the City {the "Cit% Targeted Arta'). If, despite commercially reasonable efforts, a Contractor shall be unable to procure enough employees from the lmmnediate Vicinity and the City Targeted Arca. Developer shall 13 Submitted into the public record for item(s) PZ.4 on Q3/J.0121722 City Clerk CFN: 20200244820 BOOK 31909 PAGE B 2 cause such Contractor to exercise commercially reasonable efforts to cause at least twenty -live percent of the employees for the Project to be residents of the immediate Vicinity. the City Targeted Arca and any other areas oldie City. 1f. despite commercially reasonable efforts. a Contractor shall be unable to procure enototh employees from the It unedi:tle Vicinity, the City Targeted area and any other areas of the City. Developer shall cause such Contractor to exercise commercially reasonable efforts to cause at least twenty -rive percent oldie employees for the Project to be residents of the hntnediate Vicinity-. the City Targeted Area, any other areas of the City and the area comprised by the live (5) zip codes with the highest poverty rate in the Courtly ("County Targeted Area"). 1E despite commercially reasonable efforts, a Contractor shall be unable to procure enough employees from the lmrnediate Vicinity, the City Targeted Area, any other areas of the City and the County Targeted Area. Developer shall cause such Contractor to exercise commercially reasonable efforts to Laos e aK•ciity-ter 41Ie:JLLi1t cif th . e.rnployees felt llr4 oj-Let-tul,e ro-ident3 oftllt. 1n11fiiedifi• Vicinity, the City Targeted Area, any other areas of the City. the County Targeted Area and any other area of the County. if. despite coniMercially reasonable allots, a Contractor shall be unable to procure enough employees from the Immediate Vicinity, the City Targeted Area, any other areas of the City, the County Targeted Area and any other areas of the County (collectively. the "Hiring Preference Zones"), such Contractor shall be permi/red to hire such workers from outside the Hiring Preference Zones as such Conductor shall them appropriate in the exercise of its sole discrciion . (j) Developer shall cause each Contractor to exercise cornrnurcially reasonable efforts to electronically post joh opportunities in established job outreach websiies and organizations. including, without limitation, Youth Co -Op, Inc.. South Florida Workforce, Florida Department of Economic Opportunity Career Source of South Florida located inn Miami, their successors or assigns, and similar programs in order to attract as many eligible minority applicants for such jobs as possi hie. (k) In connection with the work perionned by Developer to construct the Project pursuant to this Agreement. Developer shall curse the Contractor to pay a minimum hourly wave rate of twelve dollars and eighty-three cents lS 12.S31 if health benefits are not provided to employees and eleven dollars and fifty-eight cents (511.5S) if health henefits are provided to employees. Com.tneneingg January 1st, 2022 and for the duration of the Project ("CPI Escalation Y'ear'1, the foregoing hourly rates shall be increased on January I st of the applicable calendar year by an amount equal to the percentage increase during the calendar year Immediately prior to the CPI Escalation Year in the consumer price index ("Index:), which is the monthly index published by the Bureau of Labor Statistics of the- United Stales Department of Labor as the Consumer Price Index for All Items, Miami -Ft. Lauderdale. Florida, Base Year 19C-84 100. The Index adjustment to the minim -tun hourly wage rates shall hereinafter be referred to as the "CPI Escalation-. The CP1 Escalation of the minimum hourly wage rates for the CPl Escalation Year shall be equal to the minimum hourly wage rates in effect for the calendar year immediately preceding the CPI Escalation Year multiplied by the CP1 Percentage (as defined below). The "CPI Percentage" shall equal the fraction (i] whose numerator equals the monthly Index published immediately prior to the C'Pl Escalation Year (or the nearest reported previous month, and (ii) whose denominator is the same monthly Index published immediately prior to the calendar year that preceded the CP1 Escalation Year (or the neared reported previous month). It' the Index is discontinued with no successor Index, the City shall select a commercially reasonable comparable index. The [ndex adjustment set forth herein shall not result in a reduetion of the respective minimum hourly wage rates. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFH. 20200244820 BOOK 31909 PAGE 863 (b) Developer shall exercise commercially reasonable efforts to require each Contractor to include the same minimum hourly wage rates in any eontracts entered into by such Contractor with its subcontractors I`nr the Project who will stipulate and agree that they will pay the same minimum hourly wage rates, subject to adjustment. as set forth in this section. fin) Developer shall exercise commercially reasonable efforts to provide ten (10) fill! -page weekly acivet-tisentents in the Dirarin do 1118 Arrrericei.s newspaper or another newspaper of general circulation agreed to by the Parties to inform residents of job opportunities and job Fans prior to construction commencement. This shall he in addition to advertisements done through other job outreach websites, organizations. and etToris. (ny Developer shall exercise commercially reasonable efforts to comply with the ft.cllowing: (l ) Seven and one half percent (7.5`.!•0 of the total contract amnuntts) for professional services agreements for soil costs including. but not limited to. design, engineering. survey, inspection, testing. and legal, shall be awarded to fines certified by the County as Community Business Enterprise {"CBE"). Community Small Business Enterprise (" CSBE"l, and Small Business Enterprise {"SSE"} arms at the rime each contract is signed; and {2) Ten percent f 10%} or the total contract ainountgsi for contracts for construction and construction -related materials. supplies and fixtures shall be: awarded to arms certifies] by the County as CBE. CSBE, and SBI=: firms al the time the contract is signed. (o) No later than sixty (60) days prior to issuance of a Development Permit for the construction of vetticat improvements for the Project, Developer will designate a Finn who shall be CBE. CSBE and Sl3E eertilied to monitor Developer's compliance with Sections 12(n){ l } and 121 of this Agreemcn t. ilvl Capital Transaction Fee. { 1 j Upon the Final Capital Event. Developer shall pay to the City the Final Capital Transaction Fee. f 2) Until such time as the Final Capital Event occurs, Developer shall pay to the City a Capital Event Fee in connection with each Capital Event. Each Capital EYcnt Fee that Developer pays to the City shall serve as a credit toward the Final Capital Transaction Fee, required pursuant to Section 12(p1(l) above. upon the occurrence of the Final Capita! Event, {3) -file City reserves the right to examine the Developer's books and records in connection with determining any Capital Event Fee and the Final Capital Transaction Fee. The Developer additionally agrees to the applicability oithe audit. inspection and resolution of contract dispute provisions set forth in Sections 1S-I0l, 18-102, and I t-105 ni the City Code. as amended which are deemed as supplemental provisions to this Section and as being incorporated by reference herein. i7 Submitted into the public record for item(s) PZ.4 an 03/10/2022, City Clerk CFN 20260244820 BOOK 31309 PAGE 864 (4) The City's right to the Final Capital Transaction Fee shall survive from the Effective Date until paid as to the entire Private Development, A covenant or other treed restriction shalt he recorded against the Project Site (or Expanded Project Site_ as applicable) by Developer to memorialize the teens of this Section. and shall only be released at such time that the Final Capital Event has occurred_ and the Final Capital Transaction Fee has been paid to the City. (5) As used herein, the following terms shall have the following ineannlgs: a ".Applicable Cross Sale Amount" shall mean the portion of the Gross Sale Amount attributable solely to the value of Applicable Portion. h. "Applicable Loan Proceeds" shall mean the portion or the Loan Proceeds attributable solely to the value of the Applicable Portion. c. "Applicable Percentage' shall mean: (a) one percent nt (1 %) if the Final Capital Event occurs within five (5) years of the Effective Date; (b) one and one halfpercent (1.50%) if the Final Capital Event occurs within years six (6) through ten (i0) following the Effective Date; (c) two percent (100%) if the Final Capital Event occurs within years eleven ( 1 I) tluough fifteen (15) following the Effective Date; or (d) three percent (3.00%) if the Final Capital Event occurs at any paint after year fifteen (15). d. "Applicable Portion" shall mean the percentage of floor area nt'the Private Dct i lupment that were associated with the Existing Fire Statical Parcel prior to the Effective Date and acquired by Developer upon the conveyance of the Existing Fire Station Parcel. Based on a total floor area of 3,262,500 square feet, the Applicable Portion shall be 49.43% of the Applicable Loan Proceeds or Applicable Gross Sale Amount. e. "Capita! Event" shall mean each refinancing of the entire Private Development (excluding any construction loans). 1: "Capital Event Fee" shall mean a fee, if any, equal to one percent (l%) of tit the Applicable Loan Proceeds less (ii) the Public Benefits Contributions. g. "Final Capital Event" shall mean the first Transfer tnllowing the Effective Date. h. "Final Capital Transaction Fee" shall mean a lee, if any. equal to the Applicable Percentage of the (i) Applicable Gross Sale Amount (ii) less the Public Benefits Contributions. i. "Gross Sale Atnount" shall mean the gross sale proceeds actually received by the Developer upon the consummation of any Transfer. The Developer shall furnish to the City a copy of a financial statement, a closing statement, a Transfer document. or other similar documentation in connection therewith as shall reasonably demonstrate the Gross Sale Amount. l� Submitted into the public record for items) PZ.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 865 j. "Loan Proceeds" shall mean the net proceeds available to the Developer from any refinancing after deduction of (i) all third party costs and expenses incurred by the Developer in connection with the refinancing transaction, including. without limitation. all #fees, casts and expenses imposed by the Developer's lender and any rating agencies, as well as title and solve)/ costs. escrow fees appraisal costs. consultant costs and anonteys' liras and costs and (ii) al] amounts required to repay then -existing debt being refinanced, The Developer shall furnish to the City a copy of a closing statement or other similar documentation in connection therewith and shall reasonably demonstrate the amount of the Loan Proceeds, k. "Private Development" shall mcan the private mixed -use tower and remaining private development of the Project as shown in the conceptual plans prepared by Si-IuP Architects PC. included as. Exhibit H. The Private Development shall not include the New Fire Station, NFS Parking Spaces, or Soutliside Park. I, 'Public Benefits Contribution" shall mean the sum of amounts actually received by the City pursuant to and/or in connection with the tenets of this Agreement (including but not limited to the Pubic Benefit Contribution Amount, Arts, Culture and Entertainment Contribution. Streerscape Improvement Contrbution, and Soutltside Park Improvements Contribution). rn, `Transfer" shall mean the sale. assignment. or transfer of the entire Private Development to any person other than a Permitted Assignee, Section 13. Construction of encroachments within the Public Right -of l%'ay. To the extent set forth in the Project Plans. the City hereby agrees to expeditiously sign off on all permits to permit encroachments within the public right-of-way as owner of the City -owned property that are (Ile public rights -of -way and Southside Park. including hut not limited to Public forks pcltnits. Notwithstanding the reyuirentenus of Section 55-l4[c! of the Code of the City °MMiami, Florida, as amended (the "City Cade'), the City agrees to waive any and ail claim; to pa}ment n1-a user fee in connection with the construction of such encroachments within the public rights -of --way. Funkier, this Agreement shall satisfy the requirements of Section 55-14(d) of the City- Code. In consideration .for authorizing the construction of the aforementioned encroachments. Developer further covenants tu: (a) Provide an insurance policy, in an amount determined by the Ciity's Risk Manager, naming the City as additional insured for public liability and propcny damage. The insurance shall remain in effect [ r as long as the eltcroachinent(s) exist above the City -owned properly. Should Developer fad to continuously provide the insurance coverage. the City shall have the ri5Iu to secure a similar insurance policy in its name and place a special assessment lien against the Developers abutting priv arc property for the total cost of the premium. (h) Developer shall lu'kl hannless and indemnify the City, the State of Florida, as applicable. and their respective officials and employees from any claims fhr damage or loss to property and injury Submitted into the public record for item(s) Pi.4 on 03/10/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 866 to persons of any nature whatsoever arising out of the use, construction, and development or the Project and from and against any claims which may arise out of the granting of permission for the eneroachtnents or any activity pertitrt»ed under the semis of this Agreement. Section 14. Siuna!e. The Project will be required to comply with all applicable Federal, State. and County signage talcs, laws, orders, regulations, statutes. or ordinances. Permitted signage will accoinplish the following goals: (i) moving pedestrians rind vehicle traffic around Block 85 sanely and efficiently: (ii) promoting safe and efficient pedestrian traffic within Block 85; and (iii) properly identifying the Project. The Signage program will include. but is not limited to. the following sign types, some or all of which may incorporate LCD. LED, or similar electronic technology ifapproved and [cattily authorized: (i) directional signage: (ii) ground signage; {iii) wall signage' f ivl monument signage; and (Alma signage. The Signage program shall apply to sienage visible from public rights -or -way hut shall not apply tag signage internal to the Project or not otherwise visible from the public right-o}-way. Signagc shall comply with Applicable Laws and related permitting. Section 15. Parking. Developer intends to establish a uniform valet system to service the Project. ,Notwithstanding the limitations set forth in Sections 35-305 of the City Code, a maximum of three (3) valet permits may be issued for the operation or a valet parking ramp on the same side of the block where the permit applicant is the operator of the unifomt valet system. Robotic parking within enclosed parking structures shall also be pertitted. Section 16. Alcoholic Be►'eraee Sales. Alcoholic beverage stiles shall be permitted anywhere within the Project, except fur Southside Park_ in accordance with any applicahle requirements in Chapter 33C of'the County Code, and any other Applicable Laws. Section 17. Environmental. The City rinds that the Project will confer a significant net improvement upon the publicly accessible tree canopy in the area_ The City and Developer agree that Developer will comply with the intent and requirements of Chapter 24 of the County Code by preforming tree replacement within the Brickell Station Suhzon where necessary. Section 18. Release of Exiting Agreements. This Agreement replaces and supersedes the 2018 Public Benefits Agreement. Section 19. Entire Agreement_ This Agreement set forth the entire Agreement and understanding between the Parties with respect to the subject matter contained herein and merges all prior discussions between Developer and the City. Section 20. Compliance with Fire/Life Safety Lav%s The Project shall be constructed in accordance with the requirements of all Applicable Laws. ordinances and regulations. ineludine without limitation lift safety codes. Section 21. Impact Fees. Developer shall he obligated to pay such impact fees in connection with the construction of the Project (other than the New Fire Station) as may be required by the Chapter 13 of the City Code as in effect as of Effective Date. However, special provisions related in the payment of the Park Impact Fee are described in Section I2(bf. This Agreement doe;. not address any County Impact Fees.. as applicable 20 Submitted into the public record for item(s) PZ.4 on 03/10/2oz2, City Clerk CFN 20200244820 BOOK 31909 PAGE 867 Section 22. Necessity of Complvina, with Regulations Relative to Development Permits. The Parries agree that the failure of this Agreement tci address a particular permit, condition, fee, terns license or restriction in effect on the Effective Date shall not relieve the Developer of the necessity of complying with the regulation eov cminu said permitting requirements, conditions. Fees. terms, licenses, or restrictions. If state or federal laws are enacted after the execution of this Agreement that are applicable to and preclude the Patties' compliance with the terms of this Agreement. this Agreement shall be modified or revoked as is necessary to accomplish the spirit oftlus Agreement and comply with the relevant state or federal laws. Section 23. Cooperation and Time is of the Essence. The Parties agree to cooperate with each other to the. fullest 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 Parties agree to cooperate to achieve constnsctiun efficiency during construction of the Project, including but not limited to, coordination with respect to access, surveys, borings, environmental compliance. and permitting. The City agrees to use its best efforts to prevent interference with construction of' the Project. including temporarily limiting the occupancy of the New Fire Station while construction of the Project is ongoing. The City shall designate a point of contact within the City to assist Developer in achieving its development and construction milestones. Section 24. Notice. All notices, demands and requests which may or are required to be given hereunder shall, except as otherwise c prss1y 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 he taken hereunder which fall on Saturday. Sunday. or United States legal holidays shall be deemed to he performed timely when taken on the succeeding day thereafter which shall not be a Saturday. Sunday or legal holiday. To the City: With a copy to: City Manager, City of Miami 350t1 Pan American Drive Miami, FL 33133 City Attorney, City of Miami Attn: Victoria Mendez. City Attorney Miami Riverside Center 444S.W.2nd Ave., 9'1' Floor Miarni, FL 33130 City of Miatni Dept. of Real Estate and Asset Management Attention: Daniel RotenbcrLg. Director 4441 SW 2"`t Avenue. 3'd Floor Miami. FL 33130 To Developer: 191 SW 12 Owner Ll_C 21 Submitted into the public record for item(s) PZ.4 on gilasigim, City Clerk With a copy to-. CFAh 20200244820 BOOK 31909 PAGE 868 c:,n JDS Development Group Atm: Michael Stem 104 5th Ave 9th Floor New York, NY 10011 Bercow Well Fernandez Larkin di Tapanes. PLLC Attn: 1N.4elissa Tapanes Llahues. Esq. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 Kssnwit7.. Benson Torres LLP Attn: Albert Delgado. Esq. 1441 Bii kell Avenue, Suite 14_.0 Miami. FL 33131 An), Party to this Aet'eemcnt may change its notification address(es) by providing written noel licatirsn to the other Party pursuant to the terms and conditions of this section. Section 25. 1 lultipie Ownership. In the event of multiple ownership subsequent to the approval of this Agreement, each of the subsequent owners. mortgagees and other successors in interest in and to the Block 85 Assemblag.e (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Agreement as covenants that run with the Block 85 Assemblage. Section 26. Common Area Maintenance. A maintenance and indemnification Covenant to run with the land. in a term approved by the City Attorney, shall be required for any non-standard improvements and puhlic amenities located within the public rights -of -way. Said Covenant shall identify a single person or single entity as the responsible party for all such non-standard inmptnvements and public amenities located in the public right-of-way included in the Mickel] Station Subzone. Developer will create prior to the conveyance of any portion of the Block 85 Assemblage, an association or other entity which shall provide for the maintenance of all eonirnon areas. private roadways. cross -casements and other amenities common to the Block 85 Assemblage; provided that this requirement shall not apply to any conveyance of the entire Block 85 Assemblage. This Agreement shall not preclude the owner(s) of any portion of the Block 85 Assemblage from maintaining their own buildings or cominon areas not common to the Block SS Assemblage outside the control of the association. The instrument creating the association or other entity shall be subject to the reasonable approval of the City Attorney_ Section 27. Enforcement. The City. its successor or assigns, and Developer, its successors or assigns, shall have the right to enforce the provisions of this Agreement. Enforcement shall he by action at law or in equity against any patties or persons violating or attempting to violate ant' covenants. either to restrain violation or to recover damages or both. Each party shall hear their own respective Attotney's fees. Section 28. Exclusive Venue, Choice of Law, Specific Performance. Et is mutually understood and agreed by the Patties that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and perlbrmance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement ur any 22 Submitted into the public record for item(s) PZ.4 on 03/1O/2022, City Clerk CFN 20200244820 BOOK 81909 PAGE 869 provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue tier any such actions shall exclusively in a court cif competent jurisdiction in Nliatni-Bade County. In addition to any other legal rights. the City and Developer shall each have the right to specific performance of this Agreement in court. Each party shall hear its own anor-ney's fees in connection with any litigation, mediation or arbitration arising out of this Agreement. 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 righrs to a_jury trial. Section 29. 1•'uluntary Compliance. The Parties agree that ii> the event ale or any pan of this Agreement is struck down by judicial proceedings or preempted by legislative action the Parties ~hall �rsidinue to lronorTe terms and conditions of this Agrcemcnl to the extent allowed by law: provided that il•the invalidation of such terms and conditions would have a material adverse effect on the Parties and.'or Parties' ability to perform its obligations under this Agreement, as determined in the Parties' reasonable discretion, then the adversely erected Party shall have the right to terminate this Agreement upon sixty (60) calendar days prior viritten notice to the other Party. Section 30. Events of Default. a) Developer shall be in default under this Agreement if Developer fails to perform or breaches any term. covenant. or condition of this Agreement which is not cared within thirty (30) clays attet- receipt of k riven notice from the City speci Ij ing the nature of such breach; provided. however, that if' such breach cannot r asonably he cured within thirty (30) days, then Developer shall not be in default if it commences to cure such breach within said thirty (30) day period and diligenIly prosecutes such cure to completion. (ih( the City shall he in default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice front Developer specifying the nature of such broach; provided, however. that i f such breach cannot reasonably be cured within thirty (30) days, the City shall not he in default if it commcne.es to cure such breach within said thin) 130l day period and diligently prosecutes such cure to completion, provided. however. such additional cure period shall in no event exceed an additional sixty t60) days. ref it shall be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction. Section 31. Aenredies Upon Default. Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, Developer and the City agree thtrt either party may terminate this Agreement prior to the issuance of the Final Site Plan Approval or may seek specific performance of this Agreement, and that seekiau either termination or specific petfonnance shall not waive any right of such parry to also seek monetary damages. injunctive relief. or any other relief. Section 32. Obligations Surviving Termination Hereof. Notwithstanding any contrary term or provision contained herein, in the event of any lawful termination of this Agreement. the following obligations shall survive such icr7nination and continue in full force and effect until the 23 Submitted into the public record for items) PZ.4 on 03/1O/2OZZ, City Clerk CFN 20200244820 BOOK 31909 PAGE 870 expiration of a one (1 1 year term following the earlier of the effective date of such termination or the expiration of the Tern: (i) the exclusive venue and choice of law provisions contained herein: (ii ) rights of either Party arising during or attributable to the period prior to expiration or earlier tem-fination of this Agreement, and (iii) any other teen or prevision 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. No Oral Change or Termination. This Agreement and the exhibits and appendices attached hereto and incorporated herein by reference, it' 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, nodi[leatinn, or discharge hereof in whole or in_parl_shalll be effective unless such change, modification or discharge is in writing and signed by the Parry against whom enforcement of the change, modification or discharge is sought. This Agreement cannot be changed or terminated orally. Section 34. Lack of Agency Relationship. Nothing contained herein shall he construed as establishing an agcnev relationship between the City and Developer and neither Developer nor its employees. agents. contractors. subsidiaries_ divisions, affiliates or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for anv purpose hereunder, and the Cit4, its officials, contractors, agents, and employees shall not be deemed contractors, agents. or cntpiirvees of Developer or its subsidiaries. divisions or affiliates. Section 35, Successor(5), Assigns, and Designees. This Agreement shall be binding upon and inure to the benefit of the Patties. their successors and or assigns. Developer may not assign any of its obligations hereunder to anv person or entity other than a Permitted Assignee (as hereinafter defined) without the prior written approval of the City Manager. in its reasonable discretion. provided that such approval shall not be unreasonably withheld, conditioned or delayed. Developer may assign its rights and obligations under this Agreement to a Permitted Assignee, For purposes hereoff, the tet'm "Permitted Assignee" shall Wrenn t i 1 an affiliate of Developer; untl'or (ii) any entity controlled by DeveIoper- Nothing* contained herein shall be deemed tU he a dedication. conveyance or grant to the public in general nor to any persons or entities except as expressly set forth herein. Section 36. Third Party Defense. The Developer shall, at its own cost and expense, vigorously defend any claims, suits or demands brought against the Developer and!or thc City by third parties challenging the Agreement nt the Project, or objecting to any aspect thereof: including. N%rithout limitation, ti I a consistency chnllcnge pursuant to Sao:tion 163.3 215, Florida Statutes (2019), a petition for writ of certiorari, (nil an action fur declaratory judgment, or (iv) any claims for lass, darnage, liability, or expense (including reasonable attorneys fees). The City and Developer 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. This shall be among the Developers duties to indemnify, hold harmless and defend the City under Section IOtm) of the Agreement although the City will cooperate with the Developer in assisting the DeYeluper with thc L)evelnper's defense of such claims on the City's behalf_ .»4 Submitted into the public record for items) P2.4 on 03/10/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 871 Section 37. No Third -Party Beneficiary-. No persons or entities other than Developer, the City. their heirs. permitted successors And assigns. shall have any rights whatsoever under this Agreement. Section 38. Recording. This Agreement shall be recorded in the Public Records of Miami -Dade County. Florida at Developer's expense. A copy ol'the recorded Agreement shall be provided to the City Clerk and the City Attorney within two (2) weeks of recording. Section 39. Representations; Representatives. Each Party represents to the other that this Agreement has been duly authorized. delivered, and executed by such Party and constitutes the legal, valid. and binding obliiation or such Party, enforceable in accordance with its terms. Section 40. No Exclusive ReI,Irsit,. Nu ietitedy [Sl tlectton given by any provision in the Agreement shall he deemed exclusive unless expressly so indicated. Wherever possible. the remedies granted hereunder upon a default of the other Patty shall be cutntrlativc and iri addition to all other remedies of law or equity arising from such event of default. except where otherwise expressly provided. Section 4I, Counterparts. This Agreement may- he executed in two 121 or more counterparts, each of which shall constitute an original but all of which, when taken ioeether. shall constitute oiie and the same agreement. Section 42. Estoppel_ The City shall, within thirty- (30) days of its receipt or a written request from Developer, provide Developer with a written estoppel certificate duly executed stating (a} to the best of the City's knowledge, whether Developer is in default or violation ofill is Agreement and setting firth With specificity the default or violation of any (I) ilia! this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate: and (c) such other information as may be reasonably requested by Developer or any prospective purchaser or lender. Such estoppel certificate shall be certified to Developer and any prospective purchaser and/or lender, as applicable. The City may charge a modest regulatory fee for processing e n f each such request. Section 43. Covenant of Good Faith. The Parties affirm, agree and represent that they will employ eriod faith and utilize fair eluting, in the conduct all actions. undertakings and performance under this Agreement. Section 44. City's Rights as Sovereiau. Notwithstanding any language to the contrary contained in this Agreement, the City retains all of its sovereign prerogatives and rights as a municipal corporation under Florida laws and sha!l in no way be estopped from enithholdine or refusing to issue any approvals of applications For building or zoning; from exercising its planning or regulatory duties and authority; and From requiiing development under present or future Laves and Ordinances or whatever nature applicable to the design, constriction and development oldie Project provided for in this Agreement., provided that Citv's exercise of its sovereign rights shall be in compliance with Applicable Laws and shall not be arbitrary or capricious. For the avoidance or doubt. this Agreement shall not impose any obligation upon the City in its regulatory capacity, nor shall any penalty or default under this Agreement he imposed upon the City For actions undertaken in its regulatory capacity. Submitted into the public record for item(s) PZ.4 an 03/10/2022, City Clerk CF1J. 20200244820 BOOK 31909 PAGE 872 Section 45. Force Majeure. The Parties shall not be liable to the other nor be deemed to have defaulted hereunder, and shall excuse the other from their respective obligations under this Agreement for any failure or delay in per1bnning their respective obligations where such failure or delay to perfr= is caused by a Force Majeure event, which is defined herein as any acts of national security, national emergency. acts or Cod, tar, act or threats or terrorism, domestic government regulations. strikes (other than strikes of Developer's employees). firc or other natural calamity_ disorder, civil disobedience, curtailment of transportation facilities or service, or any other ooccuii-once which makes it illegal or impossible for either of the Parties to perlhnn their respective obligations under this Agreement. -Neither party shall be entitled to claim Force Majeure for events caused, directly or indirectly, by the claiming party or individuals or entities under its control and Force Majeure is not intended to include any contract dispute between Developer and its contractors_ ,NOM', WHEREOF, the City and Developer have caused this Agreement to be duly executed. [Execution Pages for the City and Developer Followj By: Submitted into the public record for item(s) PZ 4 on p 1 3 2 City Cleric A'T'i'k:ST: .---I3v: 1 add B. Hai City Clerk CFN 20200244820 BOOK 31909 PAGE 873 CITY OF MIAMI, a municipal corporation ot'the State or Florida Arthur riega V City Manager APPROVEI/ LEGAL FORM AND APPROVED7 CURL CTNr.a�: REQUIREMENTS: • crV Victoria iv, r City 9orn - STATE OE ff -- COUNTY i'1f= tda�►tir — �udLi ISS Ann -Marie Sharpe Risk Management Director The foregoing instnurent \vas acknowledged beige me this _day of 3'[2020by.� Jf . C- �- of the City orMiami. Florida who is Persona y known to , e or R j produced a valid driver's license as identification. Notary Public: Sign Nance: Print Name: Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 874 IN WITNESS WHEREOF, these presents have been executed this Witnesses By: ��IIjj��� ,, d Print Name: J 1((1 T 1n/ L /afue Ry: pr nt NameC 621F91„,1, STATE OF arijo )SS COUNTY OF l G 1-k; -.Dicta i l� day of -020 191 SW 12 Owner, 1,1.C, a Delaware limited liability corpot tfgn f3v: Name: ivy., Title: The foregoing instrument was acknowleilged before nee this day of tr►A2020 by VI cC Litie -1 .r n 1� of 191 SW 12Owner, ICwho is Personally known to me or ( ljproduced a valid driver nse as identification. Notary Public: Sign Name: Print Name: My Commission Expires 41 itv;) [NOTARIAL SEAL] CI:W.4 S510N N GG 308356 BxPfRES: April i0,?ON of soggaTJ Submitted into the public record for item(s) PZ,4 on fl3 Aasg2, City Clerk CFN: 20200244820 BOOK 31909 PAGE 875 EXRIBITS A Legal Description of Existing Fire. Station Parcel 13 Legal Description of 191 SW 12 Street Parcel C City of Miami Resolution No. R-17-0330 17 Legal Description of 12th Street Parcels E City of Miami Resolution No. R-613-18 F Miami -Dade County Resolution No. 18-66 G lnterlocal Agreement H Project Plans City of Mami Insurance Requirements J Southside Park Improvements Plans Submitted into the public record for items) PL.4 on Q3 IQ0QD2, City Clerk CFN- 2020024482E BOOK 31909 PAGE 876 Exhibit A: Legal Description of Existing Fire Station Parcel Existing Fire Station (1131, 1105, 1115 & 1133 SW 2" Avenue) The Land referred to herein below is situated in the County of Miami -Dade. State of Florida, and is described as follows: Parcel 1: Lot 8 and Lot 11, less the West I0 feet, Block 85 South of MIAMI HEIGHTS. according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 2- Lot 9, Block 85 South of MIAMI HEIGHTS. according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 10, less the West 10 feet, Block 85 South of MIAMI HEIGHTS, according to the Plat thereof as recorded in Plat Book 5, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Parcel 4: Lot 12 and the North 75 feet of Lot 13 and 112, Block 85 South of MIAMI I-II;IGHTS. according to the Plat thereof as recorded in Plat Book 5, Page(s) 29. oi'the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) PL .4 on 03/10/2O22, City Clerk CFN- 20200244820 BOOK 31909 PAGE 877 Exhibit B: Legal Description of 191 SW 12 Street Parcel 191 SW 12 Street: Lot 13. Less the West I0 feet thereof, together with the South 75 feet of Lot 13-1/2. Block 85 South, MIAMT HEIGHTS, according to the map or plat thereof as recorded in Plat Book 5, at Page 29, of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 878 Exhibit C: City of l%Iiami Resolution No. R-17-0330 [Attached] Submitted into the public record for item;,) PZ.4 on 03/10/2022, City Clerk EXHiBTT C CFN 20200244820 BOOK 31909 PAGE 879 bbbbb 4, City of Miami Legislation Resolution: R-17-0330 City Hall 3500 Pan American Drive Miami, FL 33133 wVNI miamigov.cgm File Number: 2341 Final Action Date: 7/1312017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 ("AGREEMENT'), IN SUBSTANTIALLY THE ATTACHED FO CITY OF MIAMI {"CITY") AND SOUTHSIDE PLACE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SOUTHSIDE"), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (CHARTER"), PROVIDING FOR THE CONVEYANCE OF CITY PROPERTY TO IMPLEMENT THE PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY, WHEREBY SOUTHSIDE SHALL CONVEY TO THE CITY ITS PROPERTY ADJACENT TO THE CITY'S PROPERTY, THE LOCATION OF THE CITY'S DEPARTMENT OF FIRE -RESCUE STATION NO. 4 ("FIRE STATION NO. 4' J, FOR THE CONSOLIDATION OF BOTH PROPERTIES INTO ONE, NEW UNIFIED CITY PROPERTY: FURTHER PROVIDING THE VARIOUS FOLLOWING BENEFITS, AT THE SOLE COST AND EXPENSE OF SOUTHSIDE: THE INVESTMENT OF EIGHT MILLION DOLLARS {$8,000,000.00) TOWARDS THE CONSTRUCTION OF A NEW FIRE STATION NO_ 4, PURSUANT TO CITY SPECIFICATIONS, CONSISTING OF OVER THIRTY THOUSAND {30,000) SQUARE FEET OF SPACE, TWO (2) FLOORS WITH A MEZZANINE, NEW WORKOUT EQUIPMENT, AND AMPLE SPACE FOR THE DIFFERENT SIZED FIRE -RESCUE TRUCKS THE CITY WILL BE OBTAINING, UPON COMPLETION OF THE NEW FIRE STATION NO. 4, CONSTRUCTION OF A PARKING GARAGE PEDESTAL, ABOVE THE SAME, AND A MIXED -USE TOWER, WITH FIRST FLOOR RETAIL, AFTER ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY, PAYMENT TO THE CITY OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000.OD) RESTRICTED FOR THE PURCHASE OF ONE (1) LADDER TRUCK, ONE (1) ENGINE TRUCK, TWO (2) FIRE -RESCUE TRUCKS, AND TWO (2) FORD TRUCKS; CONVEYANCE TO THE CITY OF FIFTY (50) PARKING SPACES VALUED AT APPROXIMATELY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1.500,000.00) FOR USE BY THE CITY. WITH MANAGEMENT BY THE MIAMI PARKING AUTHORITY ("MPA"); ANNUAL PAYMENT TO THE CITY OF A PROFIT PARTICIPATION PAYMENT OF FIVE PERCENT (5%) OF ALL PROFITS GENERATED BY THIS PROJECT, WITH THE INITIAL EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) OF THAT AMOUNT PAID IN ADVANCE TO THE CITY, REGARDLESS OF THE ACTUAL PROFITS GENERATED BY SOUTHSIDE; WITH THE PROFITS OF ANY POTENTIAL FUTURE SOUTHSIDE SALE OR LEASE GOING DIRECTLY TOWARDS THE CITY'S DEPARTMENT OF FIRE -RESCUE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT, FURTHER AUTHORIZING THE CITY MANAGER TO MAKE SUCH REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO THE Cify of R7iami Page 7 of 3 File iA' 2341 (Revision- A) Primed On: 8f22/2079 CFN 20200244820 BOOK 31909 PAGE 880 Fie ID: 2341 Enactment Number. R-174330 AGREEMENT AS DEEMED NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS. the City of Miami ("City") is the owner of the Department of Fire -Rescue Station No. 4. located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida ("Fire Station No, 4"); and WHEREAS, Southside Place, LLC, a Florida limited liability company ("Southside'), is the owner of the adjacent property located at 191 Southwest 12th Street, Miami, Florida; and WHEREAS, Southside has offered a Public Benefit Agreement Regarding Construction of the New Fire Station No. 4 ("Agreement") to consolidate its property with the City's, at no compensation, for the creation of two (2) separate parcels, one consisting of an air rights parcel to be owned by Southside ( ,n ights-.Parma}-and-thhe-,t,nlhd ^nsisting-ef-a-fec porccl to be owned by the City ("Fee Parcel ); and WHEREAS, Southside shall construct a new, larger, state of the art Fire Station No, 4 for the City on the Fee Parcel, at Southside's sole cost and expense, for eight million dollars ($8,000,000.00). consisting of over thirty thousand (30,000) square feet of space, two (2) floors with a mezzanine, new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtaining; and WHEREAS, Southside intends to construct a mixed -use tower with first floor retail and a parking garage pedestal on the Air Rights Parcel; and WHEREAS, upon issuance of a temporary certificate of occupancy, Southside shall pay the City two million two hundred thousand dollars ($2,200,000 00) restricted for the purchase of one (1) ladder truck. one (1) engine truck; two (2) fire -rescue trucks, and two (2) Ford trucks, and WHEREAS, Southside shall convey to the City fifty (50) parking spaces valued at approximately one million five hundred thousand dollars ($1,500,00O.00) for use by the City, with management by the Miami Parking Authority ("MPA"); and WHEREAS, in furtherance of Southside's construction of the project, Southside shall pay the City an annual Profit Participation Payment of five percent (5%) of all profits generated by this project. with the initial eight hundred thousand dollars ($800,000.00) of that amount paid in advance, regardless of the actual profits generated; and WHEREAS, the profits of any potential sale or lease shall go directly towards the City's Department of Fire -Rescue ("Fire -Rescue"); and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended [''Charter"), provides for the conveyance of City property to implement projects of any governmental agency or instrumentality; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA' Section 1_ The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 2 of 3 RJe io: 2341 (Revision: A) Printed on: 812212019 Submitted into the public record for item(s) PZ.4 on Q3 ZQ 2022, City Clerk Submitted into the public record for itern(s) PZ.4 on 03/10/2Q22, City Clerk Fite ID: 2341 CFN 20200244820 BOOK 31909 PAGE 881 Enactment Number. R-17-0330 Section 2 Pursuant to Section 29-B(c) of the Charter, the City Manager is authorized' and directed to execute the Agreement, in substantially the attached form, between the City and Southside. whereby Southside shall convey to the City its property adjacent to the City's Fire Station No. 4 for the consolidation of the properties into one. new unified City property, providing the various following benefits, at the sole cost and expense of Southside: the investment of eight million dollars ($8,000,000.00) towards the construction of a new Fire Station No. 4, pursuant to City specifications, consisting of aver thirty thousand (30,000) square feet of space, two (2) floors with a mezzanine, new workout equipment, and ample space for different sized fire -rescue trucks the City will be obtainingupon completion of the new Fire Station No. 4, construction of a parking garage pedestal above the same and a mixed -used use tower with first floor retail; upon issuance of a temporary certificate of occupancy, payment to the City of two million two hundred thousand dollars ($2,200,000.00) restricted for the purchase of one (1) ladder truck, one (1) engine truck, two (2) fire -rescue trucks, and two (2) Ford trucks; conveyance to the City of fifty (5C)) parking spaces valued at approximately ono millionfive hundred thousand dollars ($1,500,000,00) for use by the City, with management by the MPA: annual payment to the City of a Profit Participation Payment of five percent (5%) of all profits generated by this project, with the initial eight hundred thousand dollars ($800,000,00) of that amount paid in advance, regardless of the actual profits generated by Southside; with the profits of any potential future Southside sale or lease going directly towards Fire -Rescue; with terms and conditions as more particularly described in the Agreement Section 3. The City Manager is further authorized' to make such revisions and non - substantive amendments to the Agreement as deemed necessary, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.= APPROVED AS TO FORM AND CORRECTNESS 'The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Giry oflHFami Page 3 of 3 File ID: 2347 (Revision: A) Prnnred on: 812212079 Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 882 Exhibit D: Legal Description of 12th Street Parcels 145-165 SW 12`1' Street: Lots 14. 15 and 16, Block 85 of MAP OF MIAMI DADE CO. FLA. (CITY OF MIAMI SOUTH), according to the Plat thereof as recorded in Plat Book B. Page(s) 41, of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) P2.4 ❑n 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 883 Exhibit E: City of Miami Resolution No. R-613-I8 [Attached] o ru= c vrr CLERK DF'({[;' BOARD C.Ecot7LTY COrdm SS7C: 6R5 3,-ELUZIS1L¢ cITLN-ry, i=a�Rs Submitted into the public record for item(s) PZ.4 on 03/1O/20Z2, City Clerk CFI* 2020024482Q BOOK 31909 PAGE 884 MEMORANDUM Amended Agenda hem No. 11(A)(2) TO: IIonorable Chairman Esteban L. Bovo, Jr. DATE: June 5. 2018 and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney SUBJECT: Resolution approving an Interloc:al Agreement between City of Miami in connection with the proposed expansion of the Rapid Transit Zone to include private property adjacent to the Brickell Metrorail Station; authorizing the County Mayor to execute the Agreement in substantially the form attached and to exercise the provisions contained therein Resolution No. R-E1.=-=8 The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Chairman Esteban L. Bovo, Jr. Abigail illiams County ' orney APWlsmm CFN 20200244820 BOOK 31909 PAGE 885 Submitted into the public record for item(s) PZ.4 an O3/10/2022, City Clerk TO: MEMORANDUM (Revised) Honorable Chairman Esteban L. Bove, Jr. and Members, Board of County Commissioners DATE: dune 5, 2018 Amended SUBJECT: Agenda Item No. 11(A)(2L Please note any items checked. "3-Day Rule" fur committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public bearing Decreases revenues or increases expenditures without balaueing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's 3I5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN- 20200244820 BOOK 31909 PAGE 886 Amended Approved Mayor Agenda Item No. 11(A)(2) Veto 6-5-18 Override RESOLUTION NO. R- 61 3- I E RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADS COUNTY AND THE. CITY OF MIAMI IN CONNECTION WITH THE PROPOSED EXPANSION OF THE RAPID TRANSIT ZONE TO INCLUDE PRIVATE PROPERTY_ ADJACENT TO Ti--LE BRICKELL METRORAIL STATION; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE AGREEMENT IN SUBST_ANTTALLY THE FORM ATTACHED AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN WHEREAS, Section 1.0 f (A)(l7) oft -he Horne Rule Charter authorizes the County to enter into a contract with other governmental units for the performance by one unit of government on behalf of the other; and WHEREAS, Miami -Dade County and the City of Miami desire to provide coordinated development of property within the City of Miami and adjacent to the County's Brickel.i Metrorail Station; and WHEREAS, the City of Miami desires to transfer to Miami -Dade County all zoning and permitting authority for the development of this property, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Agreement by and between Miami -Dade County, Florida, and the City ofMianii is hereby approved, and the Board authorizes the County Mayor or County Mayor's designee to execute the agreement in substantially the form attached Hereto and to exercise the provisions contained therein. Submitted into the public record for item() PZ.4 on 03/10/2022, City Cleric CFN 20200244820 BOOK 31909 PAGE 887 Amended Agenda Item No. l 1(A)('2) Page 2 The Prime Sponsor of the foregoing resolution is Chairman Esteban L. Bovo, Jr. It was offered by C.onunissioner Rebeca Sosa , who moved its adoption. The motion was seconded by Commissioner Esteban L. Bovo, Jr. and upon being put to a vote, the vote was as rollows: Esteban L. Bovo, Jr_, Chairman aye Audrey M. Fdmonson, Vice Chairwoman absent Daniella Levine Cava aye Jose "Pepe". Diaz aye Sally A. Heyman aye Barbara J. Jordan aye Jne. A. Martinez absent Jean Monestime aye Dennis C. Moss aye Rcbcea Sosa aye Sen. Javier D. Souto absent Xavier L. Suarez aye District 5 - Vacant The Chairperson thereupon declared the resolution drily passed and adopted this 5° day of June, 2018. This resolution shall become effective upon the earlier of (l) 10 days after the date of its adoption unless vetoed by the County Mayor. and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Dennis A. Kerbel M1AMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS IAARVEY RU V1N. CLERK Cfrwisropher Agrippa Deputy Clerk Submitted into the public record for items) PZ.4 on Q3 1Q ZQZ2, City Clerkv CFN 20200244820 900K 31909 PAGE 886 INTERLOCALAGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL METRORAIL STATION 'This Interloeal Agreement ("Agreement") is entered into this day of ,20I8, by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of _Miami, a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1969, Chapter 163, Section 163_01, Florida Statutes (20i3), Section 6.06 of the Miami -Dade County IIome Rule Charter, and Section 33-3 I4(A)(4) of the Code of Miami -Dade County, Florida. WITNESSET1I: WHEREAS, the County has adopted Chapter 33C of the Code of Miami -Dade County, Florida ("County Code"), which establishes the Rapid Transit Zone ("RTZ") and grants exclusive jurisdiction to the County for purposes of building and zoning approvals, water and sewer installations, environmental compliance, street maintenance, and utility regulation for all property located within the R'ZZ; and WHEREAS, the City and the County have a long history of mutual cooperation with regard to planning for and development in the RTZ; and WHEREAS, the City, by Resolution No. 78-453, urged the County to provide for join( private and public development opportunities, including essential retail services, employment centers, housing and institutional attractions hi convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding of desired improvements; and Submitted into the public record for items] Pz,4 on f3 ZU 2t322, City Clerk CFN 20200244820 BOOK 31909 PAGE 885 WHEREAS, Chapter 33C provides for municipal participation in the design, review, zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC" ), which includes representation from the municipality in which the Project (as defined below) is located; and WHEREAS, the County is considering the adoption of an ordinance (Exhibit "A'') which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone") an that certain property located within the County and the City, as depicted in the attached Exhibit "B", and which would establish development regulations and a development review and approval process applicable to the Subzone; and WHEREAS, the Subzone is located within the City's "Urban Central Business District" as designated on the City's Future Land Use Map and within the Downtown Regional [Urban Center as designated on the County's Future Land Use Map; and WHEREAS, the expanded boundary of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit "C" (the "Property") which are owned by the City of Miami and Southside Place, LLC, its parents, affiliates, successors and/or assigns ("Owners"), and Owners desire to develop and operate a City of Miami Fire Station, public - private parking garage, and nixed -use center (the "Project"), integrated with the Miami -Dade County Metroraal and Metromovcr systems; and WHEREAS, the Project abuts and shall be integrated with existing. County -controlled public transportation facilities, including, the Brickell Metrorail Station and the Mctromovcr system; and Submitted into the public record for item(s) PZ.4 an 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 890 WHEREAS, the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality- oflife benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County, and reducing area traffic congestion and pollution as well as providing improved public safety for this arca of the City; and WHEREAS, as set forth herein_ the County and the City wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority, thereby avoiding duplicative or inconsistent regulations and processes, NOW THEREFORE, in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: 1. Recitals. The County and the City agree that the above recitals are true and correct and are incorporated herein. 2. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RT'Z and the requirement that development within the RTZ conform with applicable provisions of Chapter 33C, as amended, remains in full force and effect. The City and the County expressly recognize and authorize the expansion of the RTZ zone boundaries to include the lands located within the Subzonc, including the Property. 3, County Review and Approval of Protect. The County and the City agree that, upon the adoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade County, Florida, in substantially the form attached hereto as Exhibit "A", the County shall exercise exclusive land use, zoning, and building permitting jurisdiction over the Suhzone, the Submitted into the public record for item(s) PZ.4 on 03 12 ZOZ2 City Clerk CFN 20200244820 BOOK 31909 PAGE 891 Property, and the development of the Project and shall, in accordance with its rules and regulations, perform all regulatory review; relating to the development of the Project, including, without limitation, zoning approvals and construction permitting. 4. Exercise of County Jurisdiction, The County agrees that the County shall exercise its jurisdiction over the Project in a manner that addresses the transportation needs of counties and urban centers throughout the State of Florida and that is consistent with, and supports the City's commitment to, principles of urban planning, including responding to the existing conditions of the City, its downtown corridor, and its natural features, infrastructure, and buildings. The City shall continue to provide al I other municipal services within the Subzone such as, hut not limited to, police, fire, parks, solid waste, business licensing, and annual inspections for fire and elevator safety. It is provided, however, that the City shall be responsible lb+r ensuring that referrals regarding enforcement of land use, zoning, or building code requirements that result from any City fire inspections, emergency responses, or outer City actions are timely transmitted to the County's Building Official. Furthermore, the City and County shall ensure that their respective staffs are infornied, and shall coordinate to ensure that the property owners and tenants of the Project arealso informed, as to these jurisdictional matters. The City and the County may memorialize or effectuate these processes by any supplemental instruments that may bo deemed necessary, a. Ordinance. The County and the City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A", shall govern development within the Subzonc and on the Property, as supplemented by this Agreement. 9 CFN- 20200244820 BOO< 31909 PAGE 892 6. Southsidc Park, The City -owned Soutfiside Park is located within the boundaries of the Subzone, and County and City agree that Southside Park shall remain as a park at the City's sole discretion. 7. RTDIC. The County agrees that the City shall be entitled to appoint up to three participants to the RTDIC for all ineetings of the RTDIC related to the Project, and that the City's appointees shall all be individuals with technical expertise and professional degrees in at least one of the following areas: (i) transportation, (ii) architecture, (iii) engineering, or (iv) law. In the event that the City representatives present at an RTDIC meeting to consider an application for development within the Subxone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation or the decision shall be for denial. In the event the RTDIC issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board of County Commissioners shall be required to override the denial. 8. Allocation of llevelattn,ent Fees. The County and the City agree to allocate the payment of development and permitting fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction permits; (b) The City shall collect from the Owner all impact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, associated with the Project shall be collected from the Owner by till City and the County in accordance with their respective impact fee ordinances. 9. Public Hearing, At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-1 0 (see Exhibit A), the County shall mail or 9 Submitted into the public record for item(s) PZ.4 on 03/10/2022. City Clerk CFN 20200244820 BOOK 31909 PAGE 893 e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney. The communication to the City shall include the date of the scheduled public hearing. 10. Authority to Effectuate this Agreement. To the extent permitted by law and required by this Agreement. the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. 11, Term of Agreement. This Agreement shall remain in effect for 30 years, and thereafter automatically renew for successive 10 year [ears unless terminated by mutual agreement ofthe County and the City, as approved by majority vote of their respective governing bodies. 12. Compliance with Laws. '1'hc parties shall comply with all applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 13. D stfute Resolution; Applicable Law. The parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws ofthe State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida and each party shall be responsible for its own attorneys' fees. 14. Entire Agreement; Amendments, This document incorporates and includes all prior negotiations. correspondence, conversations, agreements and understandings applicable to the matters contained herein, and the parties agree that there are no commitments. agreements, Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFW 20200244820 BOOK 31909 PAGE 894 or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written, No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties, except that on behalfofthe City, future amendments may be approved by the City Manager and will not require approval by the City Commission. I5. Joint Preparation. The languageagreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construelion, he construed more severely against one of the parties by the other. 16. Severability. The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of there may be invalid or unenforceable in whole or in part, except to the extent that such invalidity or uuenforceability causes the agreement to fail of its essential purpose. In the event a finding of invalidity or unenforccability by a court of competent jurisdiction causes the agreement to fail of its essential purpose, either party shall have the right to terminate this Agreement upon written notice to the other. 17. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall he effective unless made in writing. // Submitted into the public record for item(s) PZ.4 on 03/1O/2O22, City Clerk CFN' 20200244820 BOOK 31909 PAGE 895 18. Notice. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service, or certi lied mail, return receipt requested, postage prepaid and received by the addressee. Notices shall be sent to: If to the City: City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, I Oth Floor Miarni, Florida 33130 With copies to: II to County: With a copy to: City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Mayor Miami -Dade County 11 I N.W. 1st Street 29th Floor Miami, Florida 33128 County Attorney Miami -Dade County 1 I 1 N, W, I st Street Ste, 2810 Miami, Florida 33128 19. No Third Party Beneficiaries to this Afrreenient. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity or person other than the parties and their successrrrs or assigns any rights or remedies under or by reason of rho Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or (l,) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement; or (c) be construed as a waiver of sovereign immunity of the parties hereto under Section 768.28, Florida Statutes. Submitted into the public record for item(s) PZ.4 on 03/1O/2022, City Clerk Submitted into the public record for item(s) pZ.4 on 03 14 2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 896 IN WITNESS WHEREOF, County and City have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST MIAMI-DADE COUNTY, FLORIDA, A political subdivision of the State of Florida, Harvey Ruvin, Clerk ATTEST Todd B. IIannon, Clerk By: County Mayor CITY O -I AT A L I a Municip. poratit n of the State of Florida By: City Manager 45 Submitted into the public record for items) PZ.4 on a3L Q/202Z, City Clerk CFN 20200244820 BOOK 31909 PAGE 897 Exhibit F: liiami-Dade County Resolution No. 18-66 [Attached] D:7TG%Al F7,1.{ COPY CLEFS: Of : HZ 310,4iII nrcorNrica]wslssSON'P S ]Yl:kn-LASH C4t7.Tl, RORISIA Submitted into the public record for iternis) PZ.4 on O3/10/2O22, City Clerk GFN 20200244820 BOOK 31909 PAGE 898 MEMORANDUM Amended Agenda Item No. 7(A) (Second Reading 6-5-18) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: March 20. 2018 and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney SUBJECT: Ordinance relating to the Fixed - Guideway Rapid Transit System - Development Zone; creating section 33C-10 and axrending sections 33C-2, 33C-3, 33C-4, and 33C-9 of the Code; providing for expansion of the Rapid Transit Zone and creating the Brickell Station Subzone; providing uses, site plan review standards, and procedures for approval of snob site plan in the subzone; requiring superniajority votes by the Board in certain circumstances Ordinance No. 18-66 The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairman Esteban L. Bovo, Jr. AP W/stnrn Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 899 WA' Memorandums Date: June 5, 2018 To: Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of Coarnmissioners From: Carlos A. Glmenez Mayor Subject; Fiscal Impact Statement for Ordlnar Relating to the Fixed-Guldeway Rapid Transit System -Development Zone The implementation of this ordinance will not have a fiscal impact to Miami -Dade County. Al' - H da Deputy Mayor F1805418180540 Date: Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk June 5, 2018 To: Honorable Chairman Esteban L. E3 vo, Jr. and Members, Board of County2ornrniss From: Carlos A. Gimenez Mayor Subject: Social Equity Statement for Ordinan Relating to the Fixed -Guideway Rapid Transit CPN: 20200244820 BOOR 31909 PAGE 900 Memorandum =0 The proposed ordinance relating to the Fixed -Guideway Rapid Transit System -Development Zone (RTZ) creates Section 33C-10 and amends Sections 33C-2, 33C-3, 33C-4 and 33C-9 of he Code of Miami -Dade County (Code) providing for expansion of the rapid transit zone and creating the Brickell Station.subzone. The proposed ordinance expands the RTZ to include a block bound by SW 1 lth Street to the north, SW 12th Street to the south, SW 2nd Avenue to the west, and SW 1st Avenue/Metrorail Station to the east, within the City of Miami, Under the RTZ, the properties would be developed under the same regulations that govern the Alf Aboard Florida Srightline site at Government Center. The proposed ordinance establishes the Sricke&l Sub -Zone and the regulatory framework for developments within the sub -zone and aligns with Miami -Dade County's effort of intensifying land uses surrounding mass transit stations and corridors. These amendments to the Code would result in additional development adjacent to the rapid transit station, which in turn could result in additional housing and business opportunities. No other specific social equity or benefit can be determined at this time. Jack terho{t Deputy Mayor 102540 3 Submitted into the public record for item Cs) PZ.4 on 03 10 20ZZ City Clerk CFN 20200244820 BOOK 31909 PAGE 901 MEMORANDUM (.Raised) TO: _Honorable Chainaau Esteban L. _ova, in end Members,. Board of Coun y Commissioners FROM: CC- '-' 7 ;irrES Co 'i r ttorney Please note any items checked. DATE: June 5, 2018 Amended. SUBJECT_ Agenda Item No. 7(A) "3-Day Rule" for rumm.ittees applicable if raised 6 week required between first reading and public hearing 4 weeks notification to municipal officials req i red prior to public hearing Decreases revenues or increases expenditures withoutbalanefng budget Budget required Statemen* of fiscal impact required -Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public bearing No committee review Applicable legislation requires more than -a majority vote (i.e., 2l3's 3/5's _ r unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 0 Submitted into the public record for item(s) PZ•4 on 311 LNIZ2C.CityClerk Approved Ma or Veto Override CFN 20200244520 BOCK 31909 PAGE 902 Amended Agenda Item No, 7(A) 6-5-18 ORDINANCE NO, 1B-66 ORDINANCE RELATING TO THE FIXED -GUIDEWAY RAPID YST EM-DEVELOPMENT ZONE; CREATING SECTION 33C-10 AND AMENDING SEcr 3, 33C-4, AND 33C-9 OF THE CODE OF MIAMI DADE COUNTY, FLORIDA; PROVIDING FOR EXPANSION OF THE RAPID TRANSIT ZONE AND CREATING THE BRICKELL STATION SIJBZONE; PROVIDING USES, SITE PLAN REVIEW STANDARDS, AND PROCEDURES FOR. APPROVAL OF SUCH SITE PLAN IN THE SUBZONE; REQUIRING SUPERMAJORITY VOTES BY THE BOARD IN CERTAIN CIRCUMSTANCES; PROVIDING S EV ERAB IL ITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WEIER.EAS, the Miazni Dade County Hare Rule Charter grants to the County the power to carry on a central metropolitan government and to provide for rail facilities and public transportation systems; and WHEREAS, the Board of County Commissioners has found that the coordinated review and analysis of tnass transit facilities is necessay to carry on a central metropolitan government in Miami -Dade County and thatcoordinated review and analysis of the mass transit system is most efrectlyely canicd on under a u niforxu plan of regulation applicable to the County as a whole;.. and WHEREAS, maximum coordination of transportation and land use policy decisions is essential to optimize the role of transportation as a potent tool for implementing the desired patterns of metropolitan development consistent with the Comprehensive Development Vaster Plan; and 5 Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN• 20200244820 BOOK 31909 PAGE 903 Amended Agenda Item No. 7(A) Page 2 WHEREAS, providing for increased density and transit -oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public transportation system and further the health, safety, order, convenience, prosperity and welfare of Co WHEREAS, the properties surrrnmding the I3riekell Metrorail Station, which this ordinance includes within the Rapid Transit Zone, are located within the Downtown Regional Urban Centex identified in the County's Comprehensive Development Master Plan (CDNIP); and WHEREAS, the CDMP calls for the highest level of development density and intensity within the Downtown Regional Urban Center; and WHEREAS, the adoption of uniform regulation to encourage private sector development of market rate, attainable, and workforce housing around the I3rickell Metrorail station is in the best interest of the County, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAryQ DA.DE COUNTY, FLORIDA: Section I. The foregoing recitals are incorporated into this ordinance and are approved. Section 2. Section 33C-2 of the Code ❑CM-WM-Dade County, Florida is hereby amended as follows: a ,Sec. 33C-2. Rapid Transit &cane. Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or »double arrowedcc constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Submitted into the public record for item(s) PZ.4 on 03110/Z022, City Clerk 03) (D) CFN' 20200244820 BOOK 31909 PAGE904 Amended Agenda item No. 7(A) Page 3 Designation of lands incruded_ The Board of County Commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1 through 16, bearing the following effective dates: Exhibit I, July 31, 1998, Exhibits 2 through 9 and Exhibits 11 through 16, July I3, 1979, Exhibit 10, May 26, 1983, r insert effective datej<.< certified by the Clerk of the Board as a portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the Department of Regulatory and Economic Resources or its successor Department, as the Rapid Transit Zone for the Stage 1 Fixed - Guideway R Transit System. The Director of the Department of Regulatory and Economic Resources or its successor Department shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each municipality affected. * f.&es No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article. (2) Other uses, procedures for approval of such uses within the Rapid Transit Zone, The following additional uses shall be permitted in conformance with the requirements set forth herein: 4, (e) Process for City ofllliorni. »(3) Bricke]J Station. Subwie. Notwithstanding any other provision of this code to the contrary_ whenever uses authorized by subparagraphs 7 Submitted into the public record for item(s) PZ.4 on 03/101202Z, City Clerk CFN- 20200244820 BOCK 31909 PAGE 905 Amended Agenda liem No. 7(A) Page 4 (D)(2)(a) and IDj(2)(bY above are proposed within the Brickell Station Subzone of the Rapid Transit Zone as designated in subsection 33C-10 herein, the procedures and development standards adopted pursuant to subsection 33C-10 sh control.« Seetian. 3. Section 33C-3 of the Code of Miami -Dade County, Florida is hereby amended as follows: See. 33C-3. Rapid Transit Developmental Impact Committee. (a) (b) !here is hereby established a Rapid Transit Developmental Impact Committee Executive Council composed of the County's Developmental Impact Committee Executive Council (established by Section 33-303.I, Miami -Dade County Code) and two (2) representatives from each of the following municipalities: City of South Mian ii, City of Coral Gables, City of Miami, and the City of Hialeah. It is provided, however, that for developments located within the Downtown lntenmvdal District Corridor Subzone established by [[subsection]] >»section« 33C-9 »arid the Brickell Station Subzone established by section 33C-10««, however, the Rapid Transit Developmental Impact Committee shall be composed of the County's Developmental Impact. Committee Executive Council and three (3) representatives from the City of Miami. In addition, there shall be an RTDIC Staff Council composed of members of the County Departments identified in Section 33-303.1(A) of this Code and three (3) representatives from the City of Miami. The Rapid Transit Developmental Impact Committee shall, subject to the procedures specified in >?sectiaar< 33-303.1, Miami -Dade County Code, perform the duties specified in Section 33C-2 and Section 33C-4 of this chapter._ Except for the Downtown Intermodal District Corridor Subzone established by subsection 33C-9 »>and the Brickeil Station Subzone established by section 33C-10«« herein, mailed notice of hearings before the Rapid Transit Submitted into the pubic record for item(s) PZ.4 on 03/1 /2022, City Clerk CFN 20200244820 BOCK 31909 PAGE 906 Amended Agenda item No. 7(A) Page 5 Development. Impact Committee pursuant to Section 33C- 2(D)(2)(d) shall be provided in the same manner as hearings on. applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly enumerated in that subsection. Mailed notice of the hearing shall also be provided simultaneously to the municipality in whic Applications shall comply with the procedural requirements of Section 33-304. (c) Notwithstanding any other prevision of this code to the contrary, for the. Downtown Intermodal District Corridor Subzone established by section 33C-9 >>and the Brickell Station Subzone established by section 33C-10<t herein, notice of meetings before the Rapid Transit Developmental Impact Committee shall comply with the procedures set forth in 5 - hale respective sections« [(3 9]]. Section 4. Section 33C-4 of the Code of Miami -Dade County, Florida is hereby amended as follows: Sec. 33C-4. Rapid Transit Development Impact Zone. (b) Except for the Downtown interm.odal District Corridor Subzone established by section 33C-9 > -and the Ilrickell Station Subzone established by section 33C-10«< herein, and notwithstandinganything to the. contrary herein, meil ed notice of hearings before the Rapid Transit Development Impact Conunittee pursuant to Section 33-2(D)(2)(e)(1) shall be provided in the same manner as bearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special. exceptions expressly enumerated in that subsection. Mailed notice of hearings shall also be provided simultaneously to the municipality in which the application site is located: Applications shall comply with the procedural requirements of Section 33-304. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN: 20200244820 BOOK 31909 PAGE 907 Amended Agenda Item No. 7(A) Page 6 Section 5. Section 33C-I4 of the Code of Miami -Dade County, Florida is hereby created as follows: »?Sec.33C-I0. Brickell Station Sub -Zone. Pwpose and Intent. The following development review standards and criteria shall govern applications for Initial Plan Approval of the general site development plan and applications for Final Site Plan Review for all development to be located within the boundaries of the Brickell Station. Sub -Zone established in this section. The standards set forth herein further the unique land use characteristics of this area, which lies within the City of Miami Urban Core. as defined in section.33-84, and within the Downtown Regional Urban Center, as designated on the Land use Plan. Map of the County's Comprehensive Development Master Plan, and are consistent with, and support the Citv's commit -lent to, principles of urban planning. including re -Tending to the existing conditions of the City, its downtown corridor. and its natural features, infrastructure., and buildings, improved mobility. enhanced pedestrian environment; and the reduction of urban draw]. Development in this sub zone also addresses government service and infrastructure needs of this quickly growing area. and therefore protects within this sub -zone are encouraged to incorporate public service; public infrastructure, or public benefit components, including. but not l iroited to, a police or fire station, regional sewer pump station, and affordable housing. Boundaries. The Brickell -Station Sub -zone of the Rapid Transit Zone is hereby established_ the boundaries of the Sub -zone arc identified in Exhibit 18 of section 33C-2(B). The legal description and a full-scale map oLthc boundaries are on file with. the Miami -Dade County Department of Regulatorj' and Economic Resources or its successor Department (the 'Department"). Permitted Uses; The following uses shall be peonittod in the Brickell Station Sub -zone, either alone or as mixed uses in horizontal or vertical integration, "Vertical integration" means any combination of primary uses (such as passenger transit systems or businesses) located on the ground floor, and residential and accommodation uses such as hotels on the upper floors. "Horizontal integration" means any //d Submitted into the public record for items) Pi.4 on (13 1U 2022 City Clerk CFN: 20200244820 BOCK 31909 PAGE 908 Amended Agenda Item No. 7(A) Page 7 combination of parcels or buildings and structures with different primary uses within the same development 01 hotels- al commercial/retail; l) offices;, L4j residential. an res Wan si 6 rental car facilities; (7 parkin Lots and varkng_ structures including commercial parking lots and garages that charge fees for parking; in governmental; I9) convention halls and showrooms:, (10) institutional: (I I) health care facilities, except hospitiis; (12) public parks and open spaces; and (13) other similar uses, as approved by the Director of the Department. {D) Pre -application conference. The applicant shall participate in at least one nre-application conference with the Rapid Transit Development Impact Committee (RTDIC) prior to filing the application. The applicant shall provide a ieneral outline of the proposal through schematics and sketch: plans including narrative information sufficient for the understanding of the proposed development. fB' Initial Review. { Application. Fnllowina the pre -application. conference,a recuest..for approval of a_ general site development plan for development within the Brickell Station Sub -zone, shall be made by filing an application with the RTDIC in accordance with the provisions of section 33-304. Said application shall be considered a special exception for approval of a general site development plan to be considered and acted upon directly by the Board of County Commissioners pursuant to the development regulations established in this section. Applications shall comply with the procedural requirements of section 33-304 of this code. // Submitted into the public record for item(s) PZ.4 on p3 1p 2pz2, City Clerk CFN 20200244820 BOOK 31909 PAGE 909 Amended Agenda Item No. 7(A) Page S ( RTDIC recommendation. Within 60 days after the filing of the application_ the RTDIC Staff Council shall review the applications and the RTDIC Shall issue a recommendation upon such application. The recommendation shall reflect the consensus of the members present In the event that the City recommendation fox approval, the recommendation shall be for denial. The recommendation shall be transmitted to the Board of County Commissioners for final action. hi the event of a recommendation o f denial by the RTDIC. approval of the application shall .require the affirmative vote of 9 members of the Board of County Commissioners. Phased development. Projects within the sub -zone may be constructed in phases, and the construction ofp:1111c buildings and infrastructure to serve future development may accordingly need to be completed phases. Where a phased development is requested., the Board of County Commissioners_ in approving a phased site plan, Shall specify building footprints, heights, density, intensity, and gross square footage of buildings as future development parameters. The RTDIC may review and approve specific land uses and design details of said future development in subsequent phases pursuant to the Final Review crileria enumerated herein. provided that the development parameters approved by the Board of County Commissioners in the phased site plan are not exceeded and that the development regulations set forth herein are inet. {,4) _Required exhibits for Initial Development. The following exhibits shall be submitted with the application for a general site development plan: A narrative describing the project's scope, including but not limited to: vision statement, the proiect's consistency with the intent and purpose of these regulatinrs, size of protect and location. and prominent components of the level yrnent; phasing of the development if necessary_ scale; relevance to the region; its connection to the surrounriinp urban context; r Submitted into the public record for item(s) PZ.4 on 03/10/20Z2, City Clerk CFN 20200244820 BOOK 31909 PAGE 910 Amended Agenda Item No, 7(A) Page 9 economic impact on the local economy; design concepts); significance of the project as a gateway to the community; and any additional information_ necessary to explain the development. Schematic site plan(s), at a scale of not less Phan 1 inch uals 100 fee indicati prominent structural components of the development; permitted land uses: existing and osed streets- ma or oints of egress/ingress of the development public open spaee locations and area in square feet, floor area ratio; pedestrian circulation; residential density; and square feet of retail. office, institutional, governmental. and .other proposed land uses, not to exceed the development tbresholds contained in the administrative site plan development vaiameters included herein. Information on adjoining- and adjacent uses_ on a plan at a scale no 1.es$ than 1 incb equals 100 feet. to indicate the relationsbip(s) between the proposed development and adjacent areas including, but not limited to: existing land uses and their intensities; densities, vehicular and. pedestrian circulation systems, blocks and lots, and unique geographical features_ Perspectives, isometrics, elevations and other drawings illustrating Proposed development Any additional information specified by the RTDIC at the pre -application conference to evaluate the character and impact of the proposed development. FLJ. Final Review.. Ell Final Review for development of the Brirkell Subzone. Following approval of the special cxr_Ggtion, final review for all or a portion of the development, including? phased development, shall be made and approved administratively by the RTDIC in accordance with the plans and documents approved by the Board of County Commissioners. The RTDIC review shall be prided by development /. Submitted into the public record for items) p2.4 ❑n plijAam City Clerk CFN: 20200244820 B00K 31909 PAGE 919 Amended Agenda Item No. 7(A) Page 10 standards established in this section Applications to modify a site plan approved pursuant to this section, including applications to approve a subsequent phase of a previously -approved phased site plan. shall be considered and acted upon administratively by the RTDIC without the necessity of public hearing. it a iwer a not concur with approval of the application, the decision of the RTDIC shall be for denial. The affirmative vote of 9 members of the Board of County Commissioners shall be required to reverse a decision of denial by the RTDIC. 1 Notice. (al Mailed notices of the RTDIC Executive Council meeting shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected on. the Miami Dade County Property Appraiser's tax roll as updated, within 500 feet of the subject property- Such mailed notices shall contain general information. including, but not limited to, the date. time and place of the meeting the property's location (and street address, if available), and nature of the application shall be sent no sooner than 30 days and no later than 20 days prior to the meeting. The property shall be posted no later than 20 days prior to the meeting in a manner conspicuous to the public. by a sign or signs _containing.. inform.atirm including, but- not limited to. the applied for zones action, application number, and the time and place of the public meeting, The property owner shall be responsible for ensuring that the sign is maintained on the site until completion of the public meeting and for removal of the sign within two weeks following completion of the public meeting. In addition notice shall be published in a newspaper of general circulation in Miami - Dade County, as follows: a full legal notice. to be published no later than 20 days and no earlier than 30 days prior to the meeting, to contain the date time and place of the /4 Submitted into the public record for item(s) PZA ❑n U3/1114Zx City Clerk CFM: 202002441320 BOOK 31909 PAGE 912 Amended Agenda Item No. 7(A) Page 11 mcetinQ. time property's location and street address, if available. (3} _Required Exhibits_ The following exhibits must be included with an application. It is provided_ however, that the Director of the Department shall have the authority to waive any of the items because of the nature or information cannot be furnished at the time of this review. The application shall be deemed- complete if all items in this subsection are included in the application. ( Master plan., at a scale of not less than 1 inch equals 100 feet. which shall include the following information: Lot lines and setbacks. ill Proposed floor areaof all permitted uses. Height., size, shave, and locationof existing and proposed buildings. iv Location of off-street parking and Layouts showing_ number of parking spaces required and provided- (y} Proposed suedes if signif c m11 y altered. vi Siguage, street and lot lighting, and street and lot furniture. Total number of dwelling units and hotel rooms, if applicable. (Oil Location and amount of open space required and provided. (ix) Phase lines, if applicable. Figures indicating gross and net acreage_ and areas to be dedicated for public rights-of-way. f, Vehicular and pedestrian circulation system, including blocks,_ streets. major points of access into and out of the development, pedestrian crosswalks, medians and on -street parking, Location of pedestrian access points, including connections to existing or proposed bridges, roadways, or sidewalk areas. Submitted into the public record for item(s) PZ.4 on 03/10/202z, City Clerk Cd- CFN 20200244820 BOOK 31909 PAGE 913 Amended Agenda Item No. 7(A) Page 12 xiii Location of loading facilities, waste collection areas, and other service areas. Floor plans and elevations of all structures, including gross square footage of each floor, Sections ofmajor structures_ development. (e) I.anclscape plan(s) in accordance with Chapter 18(A). except as modified herein. fl Such other design data as may be specified to satisfy a condition of approval of the Initial Review. cal Administrative Site plan development parameters. The followin dement regulations shall apply to all development within the sub zone. Q. Parking: The table below indicates minimum parking for each type of -use. Use Minimum Parking Requirements Commercial/Retail. Restaurants, Bars. Convention Halls and. Showrooms Office, Government. Institntional_Health Care Facilities 1,8 spaces / 1000 SF 0.6 spaces f 1000 SF Residential 0 spaces per unit Hotels 0 3 spaces) room Transit systems including Maintenance Facilities Other Uses 0.6 spaces f 1000 SF (excluding platform 50% of the required narking indicated in Section 33-124 (A) To minimize adverse visual effects of the structures), multi -story parking. garages fac:mg public and private streets. rights -of - way, and/or public open space shall use screening methods: including, without limitation: liner buildings; glazing, building wallextensions: vertical planted walls; berms: landscaping; architectural Submitted into the public record for item(s) PZ.4 an 43 10 43.3 City Clerk CFN. 20200244820 ROOK 31909 PAGE 914 Amended Agenda Item No. 7 (A) Page 13 fenestration; sculpture; design features', and/or other innovative screening methods. �b Surface parkinglots fronting streets shall be located a minimum of 10 feet from the right- of-wav and screened at the 10-foot line with a wall having a maximum height of 3 `5". The setback shall incorporate a combination of hard-suape and landscape elements finished to match the existing sidewalk Mechanized parking shall be allowed and, when provided, shall be exempt from the provisions of Section 33-122. For the purpose of tbis sub zone. nnerhani n-d parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. A mechanized parking space shall be counted toward the parking requirements of this Section. Mechanized parking may not be provided unless a queuing analysis is submitted and approved during the Adnai.nistrative Site Plan Review process_ al Required off-street parking for uses located within this Sub -zone may be located within one mile of the boundaries of the sub -zone. An applicant for approval of development with off site parking shall execute and record in the public records of this County a declaration of restrictions, approved by the Director of the Department. covenanting that such development shall cease and terminate upon the elimination of such ;narking area, and that no development requiring such parking shall be made of such property until the required parking area is available and provided_ (2} Setbacks, cubic content, and Iot size: Due to the unique characteristics associated with the bigh-density or high -intensity, mixed -use development, contemplated for this sub -zone, there shall be no minimum setback from streets at grade and above the eighth floor, interior/rear property lines, and park rights -of -way. /7 Submitted into the public record for item(s) PZ.4 on P3/1O/2022, City Clerk CFN: '?0200244820 BOOK 31909 PAGE 915 Amended Agenda Item No. 7 (A) Page 14 0_i There shall be no maximutn or minimum limitation on the size of a floor plate. CO The minimum lot size required to develop Pursuant to these regulations is 32.000 square feet. Encroachments: 0) Buildings and structures above the round floor may be built above colonnades and/or encroach intostreet setbacks but shall not extend into the public or private right-of-way unless permitted by State law and approved by the Mimi -Dade County Department of Transportation and Public Works or successor agency (DTPW") or by_ other agency with authority over the right-of-way. It is provided. however. that, to the extent permitted by State law and subject to the approval of DTPW or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above theiirst floor with publicly -accessible structures connec:tin build" incllydin latfonns fitted with tut im and passenger waiting areas., roofs upper story terraces, pedestrian bridges, and automobile bridges between ar Jig).des. Adequate clearance for structures above streets shall be maintained_ (b'i Cantilevered -balconies. awnings, weather -- protection elements and similar features with adequate vertical clearance may encroach into utreet rights -of -way but shall not extend closer than six (6) inches from the curb face. 4) Floor Area Ratio and Iot coverage: The floor area ratio. lot coverage, and maximum square footage of buildings to be developed within the sub -zone shall not be limited. j) Building Height: The maximum building height shall be the maximum allowed by the Miami -Dade Aviation Department (MDAD) or its successor /( Submitted into the public record for item(s) F2.4 on 03/10/2022, City Clerkv CFN 20203244820 BOOK 31909 PAGE 916 Amended Agenda Item No. 7(A) Page 15 agency in accordance with the zoning regulations for Miami Intel:national Aixportprovi1ed in chapter 33. (6) Open Space. The mmisamum open space requirement shall be 15 percent of the gross development arca. Open space shall include parks, plazas. balconies, terraces, courtyards, arcadcslcolonnades, pedestrtriau paths, rooftop green spaces above buildings and parking garages, and transit platform areas improved for pedestrian comfort. (7) Signs: Signs visible from public rights -of -way or public areas shall comply with section 33-284.87 of this Code, except that Class C signs may be permitted in accordance with section 33-107 of this Code. The siguege plan submitted with the application for final site plan review shall contain oriteria, Iocatiaps and sizes of signs. a% _Density: Residential density shall not exceed 500 units per aross acre. a. Architectural Expression: Building facades facing public and private street rights -of --way or public open pace or both shall be a minimum 40 percent glazed. Gluing is not required for building faeades that face the Motorail or Metromover rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space- h__ , however jrarking garages shall conform to the parking -standards included herein. Blank walls facing public and private street rights -of -way and public open space shall be prohibited unless furnished with some type of ar,stic expression. such as sculpture, mosaic and similar features. Landscaping: Landscaping shall conform to the standards set forth in section 18A-6, Code of Miami - Dade County. as applicable to non-residential development, with the following exceptions: 1•� A minimum of 30 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in preens, squares_ plazas and street medians within or in close proximity to this sub -zone. Lot trees shall have a minimum 2-i uch diameter at breast height. /9 Submitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk CrN' 20200244820 BOOK 31909 PAGE 917 Amended Agenda Item No. 7(A) Page 16 s Street trees shall be planted at a maximum of 30 feet average ou center, with a minimum 3- inch diameter at breast height. Sleet trees shall be placed inside landscaped strips, tree planters_ and in medians in. the right-of-way or on privateproperty where demonstrated to obstructions_ as determined by the Department of Transportation and Public Works or its successor Department or other agency with lirrisdiction. (11) Service areas and mechanical equipment: Service areas and fixtures shall be screened and located so as not to be visible from public and private rights -of - way Dr public open space. Merbanical equipment installed on roofs shall be screened from view by parapets or other architectural elements. Fixtures, including but not limited to backflow preventers. pumps, underground ventilation exhausts, and electrical vaults, shall be located within or to the side or rear of buildings: such fixtures shall not be located within the street setback area. Back_&w preventers shall be shielded from view, as required by section 32-157Cd). (12) Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in chapter 33, articleX of this code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages and distance from schools or religious facilities shall not apply in this sub -zone. (13) PIan Review Standards. The purpose of the plan review standards is to encourage the. creation of development within the Brickell Subzone that is consistent with the intent and purposes of these regulations, acts as a significant gateway for and destination to the Brickell area, and facilitates its future owfh b deal and arran g buildings. public open space transit, and street circulationin a manner that fosters around -the -clock pedestrian activity, serves the local and regional transit demands of the community, contributes to the urban revitalization of the City of Miami, and encourages public service, infrastructure. or public benefit components to address the needs of a growing population. Submitted into the public record for item(s) PZ.4 on q3 lU 2022, City Clerk CFN: 20200244820 BOOK 31909 PAGE 918 Amended Agenda Item No. 7(A) Page 17 al A mix of uses in the design of develonzuent projects is encouraged to the maximwn extent possible. Mixed use buildings, including, without limitation~ residential, commercial, office. hotel, and restaurants, are highly encouraged in combination with transit and other governmental facilities. Developments shalt provide a zect pedestrriau dlid vehicular connections to the adj anent block and street network. Pedestrian crosswalks providing safe pa.sag from adjoining streets and blocks into the development project of the sub -zone shall be installed at street corners and, if practicable, midblock locations. Crosswalks shall be distinguished from other street elements by the use of conspicuous materials. texture and color. ij Public open space in the form of Plazas_ squares, greens. and landscaped areas shall be incorporated in the design of all development Projects at grade or on above -grade surfaces. The public open spaces should have a scale that is compatible and complementary with the intensity of proposed development and their design should relate to the development's concept. Landscaping, furniture, art, paved. pedestrian paths_ and lighting, among other features, should be used to enhance the open spaces pedestrian experience. ff_ia Consideration should be given to providing landscaping in a manner that reduces the heat island effect of the development on the urban environment. All new development shall strive to meet certification standards from Florida Green BuiIdding Coalition or a.similarorgani 7ati.on. .0) Developments shall be designed with a. coordinated outdoor lighting and sinnage system that is an integral part of the project and compatible and harmonious with existing and proposed development in the sub zone and with surrounding -uses. Signage should clearly indicate locations of, and wide pedestrians and vehicles to, proposed parking areas, transit facilities, permitted uses, and surrounding activities and uses. D Proposed building scale should be in harmony with building scales allowed by applicable City of Miami regulations for surrounding properties. Buildings and their landscapes shall he built to the sidewalk edge in a manner that frames the adjacent street to create ,2i Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN' 20200244820 BOOK 31909 PAGE 919 Amended. Agenda Item No. 7(A) Page 18 public space in the street corridor that is comfortable and interesting, as well as safe for pedestrians. Architectural elements at street Ievel. shall have abundant fenestration, windows and doors and design elements that create interest for the pedestrian. 0 zone-alanll provide connections via bridges, paths, sidewalks, or a combination of such features to adjacent or nearby Metrorail and Metromover systems. fa Platting. Separate parcels located within the sub -zone and made subject to a unity of title or covenant in lieu. ofunity of title shall not be deemed a subdivision and shall be exempt from the platting requirements of chapter 28. fl Conflicts. The development review procedures. standards, and criteria set forth in this section 33C-10 shall govern in the event of conflicts with other zoning. subdivision, or landscape regulations of the 1Vliarni Dade County Code CH" vith the Miarni-Dade County Public Works Manual. Amendments_ At least six weeks prior to the scheduled public hearing of any amendments to this section 33C-10, the County shall mail or e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney of the City of liMiami. The communication to the City shalt include the date of the scheduled public hearing.« Section6... Section 33.-314 of the Code .ofMia.mi-Dade County, Florida is herebyamended as follows: Sec. 33-314. Direct applications and appeals to the County Coonnission. (C) The County Commission shall have jurisdiction to directly hear other applications as follows! Submitted into the public record for item(s) PZ.4 on 03 iD 2a22, City Clerk CFN 20200244820 BOCK 31909 PAGE 920 Amended Agenda Item No. 7(A) Page 19 (10) Upon application for, bear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(2)(d) and (2)(e) 7», section« [jet Win]] 33C-9 »>, or section 33C-10«« [[ef-#die Geele-of-Matai-Da�tY]]• Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid; the remainder of this ordinance shall cot be affected by such invalidity. Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida, The sections of this ordinance may be renumbered or relettercd to accomplish such intention, and the word "ordinance" may be changed to "section," „article," or other appropriate word._ Section 9. This ordi.nanee shall become effective ten (10) days after the date of enactment tmless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPU D: June Approved by County Attorney as to form and legal sufficiency: Prepared by: Denni q A. Kerbel Prime Sponsor- Chairman Esteban L. Bovo, Jr. 5, 2018 E)Q11R T 18 Brickell Station Subzone NOT TO $CM1iE L r I CFI- 20200244820 BOOK 31909 PAGE 921 Submitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 922 Exhibit G: Inter -local Agreement [Attached} Submitted into the public record for item(s) PZ.4 on O3 Q ZO22, City Clerk CFN 20200244820 BOOK 31909 PAGE 923 ITNTERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL tiMETRORAIL STATION This Interlocal Agreement (Agreement') is entered into this day of 11,S . ,2018, by and between Miami -Dade County, a political subdivision of the State of Florida ("County'_), and the City of Miami a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1969, Chapter 163, Section 163.01. Florida Statutes (2012), Section 6.06 of the Miami -Dade County Home Rule Charter, and Section 33-314(A)(4) of the Code of Miami -Dade County, Florida. WITNESSETH: WHEREAS, the County has adopted Chapter 33C of the Code of Miami -Dade County. Florida ("County- Code"). which establishes the Rapid Transit Zone t"RTZ") and grants exclusive jurisdiction to the County for purposes of building and zoning approvals, water and sewer installations, environmental compliance, street maintenance, and utility regulation for all property Located within the RTZ; and WHEREAS. the City and the County have a long history of mutual cooperation with regard to planning for and development in the RTZ; and WHEREAS, the City, by Resolution No. 78-453, urged the County to provide for joint private and public development opportunities, including essential retail services, employment centers, housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding cif desired improvements; and Submitted into the public record for item(s) PZ.4 on 10 x022, City Clerk CFN 20200244820 BOOK 31909 PAGE 924 WHEREAS, Chapter 33C provides for municipal participation in the design, review. zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDEC"), which includes representation from the municipality in which the Project (as defined below) is located_ and WHFRF'AS the. County is considering the adoption ofan ordinance (Fsiiibit"A") which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone) on that certain property located within the County and the City, as depicted in the attached Exhibit "B", and which would establish development reg-itlations and a development review and approval process applicable to the Subzone; and WHEREAS, the Subzone is located within the City's "Urban Central Business District" as designated on the Citv's Future Land case Map and within the Downtown Regional Urban Center as designated on the County's Future Land Use Map; and WHEREAS, the expanded boundary of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit "C" (the "Property") which are owned by the City of Miami and Southside Place, LLC. its parents, affiliates, successors and/or assigns ("Owners"), and Owners desire to develop and operate a City of Miami Fire Station, public - private parking garage, and mixed -use center (the "Project"), integrated with the Miami -Dade County Metrorail and Metromover systems; and WHEREAS. the Project abuts and shall be integrated with existing. County-controllcd public transportation facilities, including the Brickell Metrorail Station and the lvletromover system; and Submitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 925 WHEREAS, the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County. and reducing area traffic congestion and pollution as well as providing improved public safety for this area of the City : and WHEREAS, as set forth herein. the County and the City wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority, thereby avoiding duplicative or inconsistent regulations and processes, NOW THEREFORE. in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: 1, Recitals, The County and the City agree that the above recitals are true and correct and are incorporated herein. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the requirement that development within the RTZ conform with applicable provisions of Chapter 33C, as amended, remains in full force and effect. The City and the County, expressly recognize and authorize the expansion of the RTZ zone boundaries to include the lands located within the Subzone, including the Property. 3. Countv Review and Approval of Project. The County and the City agree that, upon the adoption by the Count) of an amendment to Chapter 3 ,C of the Code of Miami -Dade County. Florida., in substantially the fort attached hereto as Exhibit "A", the County shall exercise exclusive land use_ zoning. and building permitting jurisdiction over the Subzone, the Submitted into the public record for item(s) PZ.4 on 03/1O/202Z, City Clerk CFN 20200244820 BOOK 31909 PAGE 926 Property, and the development of the Project and shall; in accordance with its rules and regulations, perform all regulatory reviews relating to the development of the Project, including, without limitation, zoning approvals and construction permitting, 4. Exercise of County Jurisdiction. The County agrees that the County shall exercise its jurisdiction over the Projcct i the-terai1putia[kuu need u counties and urban centers throughout the State of Florida and that is consistent with, and supports the City's commitment to. principles of urban planning, including responding to the existing conditions of the City, its downtown corridor, and its natural features, infrastructure, and buildings. The City shall continue to provide all other municipal services within the Subzone such as, but not limited to, police, fire. parks, solid waste, business licensing, and annual inspections for tire and elevator safety, .It is provided, however, that the City shall be responsible for ensuring that referrals regarding enforcement of land use, zoning, ur building code requirements that result from any City fire inspections. emergency responses, or other City actions are timely transmitted to the County's Building Official. Furthermore. the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property otivners and tenants of the Project are also informed, as to these jurisdictional matters. The City and the County may memorialize or effectuate these processes by any supplemental instruments that may be deemed necessary-. 5. Ordinance. The Counter and the City agree that the dev°eloptncnt regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A'',shall govern development within the Subzone and on the Property, as supplemented by this Agreement. Submitted into the public record for item(s) PZ.4 on 03/10J2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 927 6, Southside Park. The City -owned Southside Park is located within the boundaries of the Subzone. and County and City agree that Southside Park shall remain as a park at the City's sole discretion, 7. RTDIC, The County agrees that the City shall be entitled to appoint up to three participants to the RTDIC for all meetings of the RTDIC related to the Project, and that the Cdty's appointees shall all be individuals with technical expertise and professional degrees in at least one of the following areas: (i) transportation, (ii) architecture, (iii) engineering. or (iv) law. In the event that the City representatives present at an RTDIC meeting to consider an application for development within the Subzone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation or the decision shall be for denial_ In the event the RTDIC issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board of County Commissioners shall be required to override the denial. 8. Allocation of Development Fees. The County and the City agree to allocate the payment of development and permitting fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction permits; (b) The City shall collect from the Owner all impact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, associated with the Project shall he collected from the Owner by the City and the County in accordance with their respective impact fee ordinances_ 9. Public Hearing. At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-1 O /see Exhibit A). the County shall mail or Submitted into the public record for item(s) P2.4 on Q311U 2;1Z2 City Clerk CFN 20200244820 BOOK 31909 PAGE 928 e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney-. The communication to the City- shall include the date of the scheduled public hearing. 10. Authorit4 to Effectuate this Agreement. To the extent permitted by Law and required by this Agreement. the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. 11. Term of Agreement_ This Agreement shall remain in effect for 30 years, and thereafter automatically renew for successive 10 year terms unless terminated by mutual agreement ofthe County and the Cite- as approved by majority, vote of their respective governing bodies_ 1 ?. Compliance with Laws. The parties shall comply with all applicable federal. state and local laws, codes, ordinances. rules and regulations in performing their respective duties. responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 13. Dispute Resolution; Applicable Law, The parties shall resolve any disputes_ controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida_ Venue in any proceedings shall be in Miarni-Dade County, Florida and each parry shall be responsible for its own attorneys - fees. 14 Entire Agreement: Amendments. This document incorporates and includes all prior negotiations, correspondence, conversations. agreements and understandings applicable to the matters contained herein. and the parties agree that there are no commitments, agreements. Submitted into the public record for item(s) PZ.4 on o3 ]o zozz City Clerk CFN: 20200244820 BOOK 31909 PAGE 929 or understandings concerning the subject [natter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. No modification, amendment or alteration in the terms or conditions contained herein shall be etiective unless contained in a written document prepared with the sane or similar formality as this Agreement and executed by the parties, except that on behalf of the City, future amendments ma'v be approved by the City Manager and will not require approval by the City Commission. 15. Joint Preparation. The language agreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one or the parties by the other. 16. Severability, The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part, except to the extent that such invalidity or unenforceability causes the agreement to fail of its essential purpose. In the event a finding of invalidity or unenforceability by a court of competent jurisdiction causes the agreement to fail ofits essential purpose, either party sha]I have the right to terminate this Agreement upon written notice to the other. 17. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or anv other provision hereof, and no waiver shall be e1 ecti‘•e unless made in writing. Submitted into the public record for item(s) PZ.4 on 03 IO 2022, City Clerk CFN. 20200244820 BOOK 31909 PAGE 930 18. Notice. Any notice proviuc.l pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service. or certified mail, return receipt requested_ postage prepaid and received by the addressee. Notices shall be sent to: It to the City; With copies to: If to County: With a copy to: City Manager City of Miami Mia ra iverside Center 444 S.W. 2nd Avenue, 1Oth Floor Miami, Florida 33130 City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami. Florida 33130 Mayor Miami -Dade County 111 N.W. 1st Street 29th Floor Miami, Florida 33128 County Attorney Miami -Dade Count), 111 N.W. 1st Street Ste. 2810 Mimi, Florida 33128 l9. No Third Parry Beneficiaries to this Agreement. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this .Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement: or (c) be construed as a waiver of sovereign immunity of the parties hereto under Section 768.28, Florida Statutes. Submitted into the public record for item(s) PZ4 on 03 10 2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 931 IN WITNESS WHEREOF. County- and City have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST Harvey Ruvin Clerk of Courts ATTEST Todd B. H City Clerk APPROVED AS TO FOR_NII AND COR_RECTNESS.---- ,--) Victoria exidec City Attney7 . • MIAMI-DADE COUNTY, FLORIDA A political subdivision of the State of Florida Car A. Girnen STERHOLT County Mayor DEPUTY MAYOR MIAMI-DADE CTY. FL CITY OF MIAMI, a Municipal Corporation of the State of Florida mi1T Gonzalez / / Cit elanager APPROV y s REQUIVMEN Ann Mar Sha-pe Risk Ma agein nt Director Submitted into the public record for items) PZ.4 on gyisag2, City Clerk Exhibit H: Project Plans [Attached] CFN 20200244820 BOOK 31909 PAGE 932 Su.mitted into the public re•ord for item(s) PZ.4 on03 10 2022,CityClerk Sulam recor on 03 Cellar Level 2 - Valet Parking 4720SP SIIOP ATi1]iITFCTS PC AI I NIGHTS P SFRVF[]. tted into the public for item(s) PZ.4 10 2022, City Clerkv JDS CE ELHPAIFNT GnOUP Cellar Level 1 - Valet Parking Ih 1, M' 034, It f11 HIIill.1 rara M RAW t:711'F H lF AI$: HIITC:TS PC RI L RFC;Fil LSERVE[]. Submitted into the public record for item(s) PZ.4 on 03110/2022, City Clerk JDS RCUP N[LOPMEXT G 9:. Ground Floor - Fire + Lobbies 43• rr e n$P 5110P ARC.HtTFC1S FN:• Al.! RICHf5 12 f II! I",:_ ins �.....�._.�. MIA q4 AOFt �=�} '{ rta clmt` un� 11 DTST/IO ,P4 [.N CWB CIii 01.kr $k�l a• 43: Submitted into the public record for item(s) PZ.4 on 03/1 J2022, City Clerk rInfliff SW till 3STRFFT SW 121H5TRFF'•. JDS n kVS OVrAk If[ GRouP sh -n '1'S z sv a N CO 0 0 CO to [p Mezz- Parking Ramp • 41. - (. FI' CIp 19 SHOP MCI EC TS PC. ALL RFGI-I'S RFSFAVIi1 • 1 . rO I r',r F. JirET-1 aum T Submitted into the public record for item(s) PZ.4 on 03/10/2022, Lity Clerk JDS OEVCLOpM ENT GRCNP 0 Tl N 0 O a 0 N CO a 0 co 0 sh Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Level 02 - Fire + Parking + Micro Units l 1•in. • U w tO r nomminsom 20193411)P ARCHITFCTS M; All NIGHTS PtSk RVF[I uuN SVC.: .h. Yn1i. , AC4]M1 • 1- JDS ,)FQH.np.Ak.+r GRflU anaau llfa Wef0/3 ALAS] sa )IaaID `ZZO OT/E0 uo 17'7d (s}wax! cy. poi arlgnd paaliurgns 03N13S313 51 1DIi I W '3d S1;]11H:7l1V doHti BILL? 11 rr ,n .I 01311A1 + 6Ui1Jed 80 - 20 sl0A 1 )faaij'l!D `ZZOZ/OT/£0 ua 177d (s)Lual! Jo; paoaaa angnd ay} oau! pall!wgns 07Ai:057t1 S If 1011I TlV ;M S I:13J IH: AIY rICH S RU1i', 6 ,Y. :II, _ ❑JO!W + f3ui3IJed Sl. - 60 sIGAOI Submitte record fo on 03 Level 14 - Service + Mechanical + Wellness u201$ 51 [Or ARCI IREcrs PC, Al I WWI'S RESLRVEQ into the public item(s) PZ.4 2022, City Clerk JDS DEVERIMIOCY GRiIUP 41 0 z O 42. O W 0 0 x CD CO Levels 15 Wellness + Office 4� 4201ESHap ATCCHITK; TS I"f; All tI IPIiM.5ERVCD Submitted i to the public record for it: m(s) PZ.4 on 03 10 2 * 2 City Clerk JDS CVVFI,n PWI(lT c.natrr Submitted into the public record for tem(s) PZ.4 on 03 10 •022 City Clerk Levels 17 Wellness + Office e3: ono SHOP ARC,' II CC:n PC All RJOIIl. RFSFI4VLO JDS sh DEVF! (IPA1F31T f Re111P n z A co 0 0 co cp 0 so co W Levels 18 Wellness + Office 1 }' itl1 u• .43: 162019 SHOP ARC}IITECTS PC. ALL AICiF3fS RESERVED. fi Submitted into the public record for iteni(s) P2.4 on OLISY11272, City Clerk Jos DERtLOPINCMir GROUP sh Levels 19 Wellness + Office 111 *2018 SHOP ARCHRECIS PC. AU RICHTS RESERVED. Submit ed into the public record or item(s) PZ.4 on 031 0/2022, City Cierk JDS ntvu.opMrw r GROUP Levels 20 Wellness + Office A • 76111 SHOP ARGI.IITEC7 S P[.. ALL RIGHTS Rf.S{RVCn Submitted intthe public record for ite (s) 132.4 ❑n 03 10 202' , City Clerk Levels 21 Wellness + Office 01019 sigoP MCIII1ICis P4 hI k RIGHTS Rt SFRVf() Submitte record fo on 03 into the public item(s) pZ,4 2022 City Clerk JDS GgOn Fvc�.vrMtur IIP sh Levels 22 Kitchen ± Office Conference Center 7f119 SHOP ARCHHEC ES PC:. AG. ROWS RESERVED Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk JOS DEVEI.OPMEMt 6I OkJ [o oo Level 23 - Events + F&B + Main Pool Deck 'V m 2111 R Si !OP ARCHITECTS PL:. ALI, RICH] S RI-SFRLLU S bmitted into the public r: cord for items) PZ.4 o U3 I{3 20Z2, City Clerk Jos E vnuaf1 O4JcNT cn sh c0 lD Levels 24 - Fitness + Hotel -iii pi a 17BtiKETeAu .. �...�. .... pc I arrfaif-7 : _ . I... i1u1NSH maim i 0 20161 SHOP ARCHI I E: is PC: All 1iIt;1115 I$ 5[RVED. Submitted into the public record for item(s) P2.4 on 03 22 C ty Clerk J4OS,-�, Sh L.naur Levels 26 - 34 Residential + Hotel a<' 70151. Si POP ARC IIICC:fR PC AIL RIGHTS RESERVED Su rec on mitted into the public rd for item(s) 122,4 3 id 2022 City Clerk JOS sit &EVilnrr.RIIT Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Level 35 Mechanical + Resi Amenity 'N' e.201.9 SHOP ARCHITECTS PC. AU. RIGHTS RESERVED J05w. sh E rnoua Levels 36 - 45 Residential 02018SItor ANl:H11Fi:fS Pi: AlI RICHIS RISENVE6 A r • w ;tlj I11 Submitted into the public record for item(s) PZ.4 on 03/10/2.022, City Clerk CFN: 20200244820 BOOK 31909 PA s 953 Levels 46. 58 Residential dI. 'N• c 7019 5$IOP ARC Ili ILC15 PC ALL RIGHTS RESERVED - Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk CFN• 20200244820 BOOK 31909 PACL 954 Levels 59 - 61 Residential .11 I!? L@ y .J t•7019 SIIOP ARCHI1Ef:TS PC ALL Ri K'S PLSfRVFO Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk JDS sh Roof Residential Amenity • A ,K 4,57oS9 SIl[1p ARCiIlltClS P, Ali I%ICiiIS RFSFRVFO Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk 0 T Z ft7 N d iV co Al CO 0 0 f0 0 (a JOS Sil OSVFI.OPMFIIT Gera! OP Submitted into the public record for item(s) PZ.4 ❑n O3/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 957 Exhibit I: City of Miami Insurance Requirements [Attached] Submitted into the public record for item(s) PZ.4 on 1Q ZUZZ City Clerk CFN 20200244820 BOOK 31909 PAGE 958 EXHIBIT I E SURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- PUBLIC BENEFIT AGREEMENT REGARDLNG CONSTRUCTION OF THE NEW FIRE STATION NO. 4 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000.000 B. Endorsements Required City of Miami listed as an additional insured Continent and Contractual Liability Primary and Non Contributory Clause Endorsement Premises/Operations liability Explosion, Collapse and Underground Hazard Completed Operations covered fora minimum of (3) years following Project completion. Business Automobile Liability A. Limits of Liability Bodily injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City of Miami listed as an additional insured Submitted into the public record for itemts) P1.4 on D3 1D 2D22 City Clerk Worker's Compensation Limits of Liability Statutory -State of Florida W ai per of subrogation CFN 20200244820 BOOK 31909 PAGE 959 Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 1V. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence Aggregate $ 4,000_000 S 4,000,000 City of Miami listed as an additional insured Excess Follow Form overall applicable liability policies. Owners & Contractor's Protective Each Occurrence General Aggregate City of Miami listed as named insured S1,000,000 S1,000,000 Payment and Performance Bond S FULL VALUE City of Miami listed as Obligee. Bond must comply with 255.05 FS Submitted into the public record for item(s) PY.4 on Q3 10 2DZ2 City Clerk VII. Builders' Risk CFN 20200244820 BOOK 31909 PAGE 960 C—es-of Lacs 1-Risk=Specifiic Coverage Pao}oat-L-ocation Valuation; Replacement Cost Deductible $10,000 All other Perils 5% maximum on Wind City of Miami listed as loss payee A. LimitfValue at Location or Site $ B. Coverage Extensions: As provided by the carrier The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not Iess than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications. shall issue a!1 insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Submitted into the public record for item(s) P2.4 on 03/10/2022, City Clerk CFN 20200244820 BOOK 31909 PAGE 961 Exhibit J: Southside Park Improvements Plans [Attached] Southside Park Design principles CREATE A CONNECTIVE AXIS • t • ,„. . .,= :g; • • KEEP IT GREEN J fA6/1f: L.:11104FR i•rbi_u opErofictis 113WlNDAtL I 1`.11.04 It • -••-••• • .1:••••.-;...'' . • f • -Irtf A*-4171t ;1,4;14 r If j4"FI .1.9 4111 ritiM 14361 REORGANIZE PROGRAMS f . . . •••:•: ,.L Southside Park Plan nrrN•[+F FAq:ILkl Necur .Ck HVII&LIfP ;=13e1 Pcarr •cnr SW 2N❑ AVENUE L, 4 InMES 4 1:WNER Finn kFfRAiu +NS 11:5.i SW.eNO AN_ IMIAMI, IL :I.ylwn u. LI axe a- �'ET sLi LOLLIt SW 11TH STREET SW 12TH STREET SCALE 1 "=50' io'2E I.,end 0 schoolhouse FHB O playground © lawn OWnier feAj+/1,3 a kiosk p dog park O fitness court 0 waterfall aemsung tree trunk • existing tree 411 new true 57 170' OLI:LMIII. it DV DIP. m e7] Southside Park Axon In GFSi fNe/FR FIF7 Dc�PEknT K. H45 11:::35W?ND AN. IMIAMI IL Submitted into the public record for itern(s) P A an 123 10 2022, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI•DADE HEREBY CCRTTFY that the forego'.g is a hue and correct copy of the cilginai Med hi this affi OS AD 20 ,....,R Ey DOW Ci rk fi Circuit and County Courts MONA BRUNO #79806 OZ$trbZOOZOZ EXHIBIT B Exhibit G: lnterlocal Agreement [Attached] Submitted into the public record for item(s) PZ.4 on d3 m.oz2, City Clerk Submitted into the public record for item(s) PZ.4 on 0311012022, City Clerk INTERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL METRORAIL STATION 12od This lnterlocal Agreement ("Agreement") is entered into this � day of , .2018. by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of Miami, a municipal corporation located within the geographic boundaries of Miami -Dade County-, Florida ("City"] pursuant to The Florida lnter]ocal Cooperation Act of 1969. Chapter 163, Section 163.01. Florida Statutes (2012). Section 6.06 of the Miami -Dade County Home Rule Charter, and Section 33-314( A)(4) of the Code of Miami -Dade County_ Florida. WITNESSETR WHEREAS. the County has adopted Chapter 33C of the Code of Miami -Dade County, Florida ("County Code"), which establishes the Rapid Transit Zone ('`RTZ) and grants exclusive jurisdiction to the County for purposes of building and zoning approvals, water and sewer installations, environmental compliance, street maintenance. and utility regulation for all property located within the RTZ: and WHEREAS, the City and the County have a long history- of mutual cooperation with regard to planning for and development in the RTZ; and WHEREAS, the City, by Resolution No. 78-453, urged the County to provide for joint private and public development opportunities, including essential retail services. employment centers, housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning. programming and funding of desired improvements: and Submitted into the public record for item(s) PZ.4 on 93 as 2Q22 City Cleric WHEREAS. Chapter 33C provides for municipal participation in the design. review. zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC" ). which includes representation from the municipality in which the Project {as defined below) is located: and WHEREAS, the County is considering the adoption of an ordinance (Exhibit -Al which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone") on that certain property located within the County and the City. as depicted in the attached Exhibit "B". and which would establish development regulations and a development review and approval process applicable to the Subzone: and WHEREAS. the Subzone is located within the City's "Urban Central Business District" as designated on the City's Future Land Use Map and within the Downtown Regional Urban Center as designated on the County's Future Land Use Map: and WHEREAS. the expanded boundary of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit -C.' (the "Property') which are owned by the City of Miami and Southside Place. LLC, its parents, affiliates, successors and/or assigns (-Owners"). and Owners desire to develop and operate a City of Miami Fire Station. public - private parking garage. and mixed -use center (the "Project"), integrated with the Miami -Dade County Metrarail and Metrornover systems: and WHEREAS. the Project abuts and shall be integrated with existing. County -controlled public transportation facilities, including the Brickell Metrarail Station and the Metromov er system: and Submitted into the public record for items) PZ.4 on oasy2022, City Clerk R'HEREAS. the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County, and reducing area traffic congestion and pollution as well as providing improved public safety for this area of the City: and WHEREAS, as set forth herein. the County and the Cite wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority_ thereby avoiding duplicative or inconsistent regulations and processes. NOW THEREFORE, in consideration of the mutual covenants expressed herein, and other good and valuable consideration. the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: 1. Recitals. The County, and the City agree that the above recitals are true and correct and are incorporated herein. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the requirement that development within the RTZ conform with applicable provisions of Chapter 33C, as amended. remains in full force and effect, The City and the County expressly recognize and authorize the expansion of the RTZ zone boundaries to include the lands located within the Subzone, including the Property. 3. County Review and Approval of Project. The County and the City agree that, upon the adoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade County, Florida. in substantially the form attached hereto as Exhibit '`A the County shall exercise exclusive land use, zoning_ and building permitting jurisdiction over the Subzone. the Submitted into the public record for items) PZ.4 on 03 1Q 2OZZ City Cierkv Property. and the development of the Project and shall. in accordance with its rules and regulations. perform all regulatory reviews relating to the development of the Project, including, without limitation, zoning approvals and construction permitting. 4. Exercise of Count' Jurisdiction. The County agrees that the County shall exercise its jurisdiction over the Project in a manner that addresses the transportation needs of counties and urban centers throughout the State of Florida and that is consistent with. and supports the City's commitment to, principles of urban planning. including responding to the existing conditions of the City, its downtown corridor, and its natural features. infrastructure. and buildings. The City shall continue to provide all other municipal services within the Subzone such as. but not limited to. police. fire. parks. solid waste, business licensing, and annual inspections for fire and elevator safety. It is provided. however, that the City shall be responsible for ensuring that referrals regarding enforcement of land use, zoning. or building code requirements that result from any City fire inspections, emergency responses, or other City - actions are timely transmitted to the County's Building Official. Furthermore. the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property owners and tenants of the Project are also informed. as to these jurisdictional matters. The City and the County may memorialize or effectuate these processes by any supplemental instruments that may be deemed necessary. 5. Ordinance. The County and the City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A", shall govern development within the Subzone and on the Property, as supplemented by this Agreement. Submitted into the public record for item(s) PZ.4 on 03/1O/2O22 City Clerk 6. Southside Park. The City -owned Southside Park is located within the boundaries of the Subzone. and County and City agree that Southside Park shall remain as a park at the Citv's sole discretion. 7. RTDIC. The County agrees that the City shall be entitled to appoint up to three participants to the RTDIC for all meetings of the RTDIC related to the Project. and that the City's appointees shall all be individuals with technical expertise and professional degrees in at least one of the following areas: (i) transportation. (ii) architecture, (iii) engineering. or (iv) law. In the event that the City representatives present at an RTDIC meeting to consider an application for development within the Subzone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation or the decision shall be for denial. In the event the RTDIC issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board of County Commissioners shall be required to override the denial. 8. Allocation of Development Fees. The County and the City agree to allocate the payment of development and permitting fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction permits; (b] The City shall collect from the Owner all impact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Itnpact that are payable to the City pursuant to statute or ordinance; and le) additional impact fees, it any, associated with the Project shall be collected from the Owner by the City and the County in accordance with their respective impact fee ordinances. 9. Public Hearing. At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-10 Ise,T Exhibit A), the County shall mail or Submitted into the public record for item(s) PZ.4 on O3/1O/2O22, City Clerk e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney. The communication to the City shall include the date of the scheduled public hearing. 10. Authority to Effectuate this Agreement. To the extent permitted by law and required by this Agreement_ the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. 3 3. Term of Agreement. This Agreement shall remain in effect for 30 years, and thereafter automatically renew for successive 10 year terms unless terminated by mutual agreement of the County and the City_ as approved by majority vote of their respective governing.. bodies, 12. Compliance with Laws. The parties shall comply with all applicable federal. state and local laws. codes. ordinances. rules and regulations in perfonning their respective duties. responsibilities. and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 13. Dispute Resolution; Applicable Law. The parties shall resolve an disputes_ controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164_ Florida Statutes. as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida and each party shall be responsible for its own attorneys - fees. 14. Entire Agreement: Amendments. This document incorporates and includes all prior negotiations. correspondence. conversations, agreements and understandings applicable to the matters contained herein. and the parties agree that there are no commitments. agreements. Submitted into the public record for item(s) 137.4 on Q3 DLL) City Clerk or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly. the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements. whether oral ar written. No modification_ amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar forntality as this Agreement and executed by the parties. except that on behalfofthe City. future amendments may- be approved by the City Manager and will not require approval by the City Commission. 15. Joint Prer}aration. The language agreed to expresses the mutual intent of the parties and the resulting document shall not. solely as a matter of judicial construction. be construed more severely against one of the parties by the other. 16. Severabilit . The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid ar unenforceable in whole or in part, except to the extent that such invalidity or unenforceability causes the agreement to fail of its essential purpose. In the event a finding of invalidity or unenforceability by a court of competent jurisdiction causes the agreement to fail of its essential purpose. either party shall have the right to terminate this Agreement upon written notice to the other. 17. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof. and no waiver shall be effective unless made in writing.. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk 18. Notice. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service, or certified mail, return receipt requested. postage prepaid and received by the addressee. Notices shall be sent to: If to the City: With copies to: If to County: With a copy- ta: City Manager City of Miami Miami Riverside Center 444 S.W-2nd Avenue. f0th-Fieoot Miami, Florida 33130 City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue. Suite 945 Miami, Florida 33130 Mayor Miami -Dade County 111 N.W. 1st Street 29th FIoor Miami, Florida 33128 County Attorney Miami -Dade County 111 N.W. lst Street Ste. 2810 Miami, Florida 33128 19. No Third Party Beneficiaries to this Agreement. Nothing in this Agreement_ express or implied_ is intended to: (a) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise. except as specifically provided in this Agreement: or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement; or (c) be construed as a waiver of sovereign immunity of the parties hereto under Section 768.28. Florida Statutes. Submitted into the public record for items) PZ.4 on 03/10/ZO22, City Clerk IN WITNESS WHEREOF, County and City have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST Harvey Ruvrn Clerk of Courts ATTEST Todd B. Hai City Clerk APPROVED AS TO FORM AND CORRECTNESS Victoria efd"ezy - City Attorney MIAMI-DADE COUNTY, FLORIDA A political subdivision of the State of Florida Car A. Gimen�'AC[0STERHOLT County Mayor DEPUTY MAYOR MIAMI-DADE CTY. FL CITY OF MIAMI, a Municipal Corporation of the State of Florida i 7 rni1i T. Gonzalez Cit _ Onager r f r r; APPROVEI3"AS To INSTJ, REQUIREMENTS fr ICE Ann Ma Risk Ma Shape agem nt Director °MGM_ FCLE COPY C rFt): OF TICE pO Rt or cOL:V7Y C C}]il11SSIO`:EVS S3IA3I-paDr COLXT crook EXHIBIT C Submitted into the public record for items) PZ.4 on 03J10/2022, City Clerk MEMORANDUM Amended Agenda Item No, 7(A) (Second Reading 6-5-18) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: March 20, 2018 and IvIcmbers, Board of County Commissioners FROM: Abigail Price -Williams County Attorney STJBTECT: Ordinance relating to the Fixed - Guideway Rapid Transit System - Development Zone; creating . section 33C-10 and amending sections 33C-2, 33C-3, 33C-4, and 33C-9 of the Code; providing for expansion of the Rapid Transit Zone and creating the Brickell Station Subzone; providing uses, site plan review standards, and procedures for approval of such site plan in the subzone; requiring superntajority votes by the Board in certain circumstances Ordinance Nc. 18-66 The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairman Esteban L. Bova, Jr. Abi e-' c ams County A i ey APW/smm Submitted into the public record for item(s) PZ.A on 03 10 ZOZZ City Clerk Memorandum c= DAZ Date: June 5, 2018 To: Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of Coy ommissioneys From: Carlos A. Gimenez Mayor• - Sub) Gt: Rsoa! Impact -Statement-for-Udine Relating -to -the -Fixed -Guideway Rapid Transit System -Development Zone The implementation of this ordinance will not have a fiscal impact to Miami -Dade County. Ali Deputy Mayor F1SO5478 180540 Submitted into the public record for item(s) PZ.4 on p 2o22 City Clerk Memorandum McoIAUNUMFDAD Date: June 5, 2018 To: Honorable Chairman Esteban L. B vo, Jr, and Members, Board of County ommissi From: Carlos A. Gimenez Mayor Subject: Social Equity Statement for OrdinanRelating to the Fixed -Guideway Rapid Transit System -Development Zone The proposed ordinance relating to the Fixed -Guideway Rapid Transit System -Development Zone (RTZ) creates Section 33G-10 and amends Sections 33C-2, 33C-3, 33C-4 and 33C-9 of the Code of Miami -Dade County (Code) providing for expansion of the rapid transit zone and creating the Brickell Station subzone. The proposed ordinance expands the RTZ to include a block bound by SW llth Street to the north, SW 12th Street to the south, SW 2nd Avenue to the west, and SW -1st Avenue/Metrorail Station to the east, within the City of Miami. Under the RTZ, the properties would be developed under the same regulations that govern the All Aboard Florida Brightline site at Government Center. The proposed ordinance establishes the Brickell Sub -Zone and the regulatory framework for developments within the sub -zone and aligns with Miami -Dade County's effort of intensifying land uses surrounding mass transit stations and corridors. These amendments to the Code would result in additional development adjacent to the rapid transit station, which in turn could result in additional housing and business opportunities. No other specific social equity or henef+t can be determined at this time. Jack Orstencolt Deputy Mayor 18C54a Submitted into the public record for item{s) PZ.4 on 03/10/2022, City Clerk J►'■ EMORkNDU 1 (Revised) TO: Honorable Chakmaa .Esteban L. Bova, Jr_ and Members, Board of County Commissioners DATE: June 5, 2018 Amended SUBJECT; Agenda Item No. 7(A) Please note any items checked. v "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's 3/5's _, unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Submitted into the public record for itemjsj Pz.4 on U3 ZQ 2022, City Clerk Approved Veto Override Mayor ORDINANCE NO_ ! upended Agenda. hem No. 7(A) 6-5-l8 18-66 ORDINANCE RELATING 'I O THE FIXED -GUIDEWAY RAPID TRANSff SYSTEM -DEVELOPMENT ZONE; CREATING SECTION 33C-10 AND AMENDING SECTIONS 33G2, 33C- 3, 33C-4, AND 33C=9 OF TIE CODE —OF MIAMT DAi3F COUNTY, FLORIDA; PROVIDING FOR EXPANSION OF THE RAPID TRANSIT ZONE AND CREATING THE BRICRELL STATION SUBZONE; PROVIDING USES, SITE PLAN REVIEW STANDARDS, AND PROCEDURES FOR APPROVAL OF SUCH SITE PLAN IN THE SUBZONE; REQUIRING SUPERMAJORITY VOTES BY THE BOARD IN CERTAIN CIRCUMSTANCES; PROVIDING SEVERABILIT'Y, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE VI'IREAS, the Miami -Dade County -home Rule Charter gu,iits to the County the power to carry on a central metropolitan government and to provide for rail facilities and public transportation systems; and WHEREAS, the Board of County Commissioners has found that the coordinated review and analysis of mass transit facilities is necessary to carry on a central metropolitan government in Miami -Dade County and that coordinated review and analysis of the mass transit system is most effectively carried on under a uniform plan of regulation applicable to the County as a whole; and WHEREAS, maximum coordination of transportation and land use policy decisions is essential to optimize the role of transportation as a potent tool for implementing the desired patterns of metropolitan development consistent with the Comprehensive Development Master Plan; and 5 Submitted into the public record for item(s) PEA on 93110 2022, City Clerk Amended Agenda Item No. 7(A) Page 2 WHEREAS, providing for increased density and transit -oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public transportation system and further the health, safety, order, convenience, prosperity and welfare of the present and future citizens of the County; and WHEREAS, the properties surrounding the Brickell Metrorail Station, which this ordinance includes within the Rapid Transit Zone, are located within the Downtown Regional Urban Center identified in the County's Comprehensive Development Master Plan (CDMP); and WHEREAS, the CDMP calls for the highest level of development density and intensity within the Downtown Regional lJrban Center; and WHEREAS, the adoption of unifoun regulation to encourage private sector.development of market rate, attainable, and workforce housing around the Brickell Metrora.i] station is in the best interest of the County, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF M1A]l71-DADE COUNTY, FLORIDA: Section 1. The foregoing recitals are incorporated into this ordinance and are approved. Section 2. Section 33C-2 of the Code of Miami -Dade County, Florida is hereby amended as follows:I Sec. 33C-2, Rapid Transit Zone. Words stricken through and/or (.[double bracketed]] shall be deleted. Words underscored and/or »double arrowed«-‹ constitute the amendment proposed. Remaining provisions arc now in effect and remain unchanged. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk (B) D) AM ended Agenda ftem No. 7(A) Page 3 Designation of lands included. The Board of County Commissioners hereby designates all laud areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1 through 16, bearing the following effective dates: Exhibit 1, July 31, 1998, Exhibits 2 through 9 and Exhibits 11 through 16, July 13, 1979, Exhibit 10, May 26, 1983, Exhibit 17, February 13, 2014, »>and Exhibit 18, [insert effective date < certified by the Clerk uf the Board as a portion of this chapter, incorporated hereby by reference, and transna.itted to the custody of the Department of Regulatory and Economic Resources or its successor Department, as the Rapid Transit Zone for the Stage I Fixed - Guideway Rapid Transit System. The Director of the Department of Regulatory and Economic Resources or its successor Department shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each municipality affected. Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article. * (2) Other uses; procedures for approval of such uses within the Rapid Transit Zone. The following additional uses shall he permitted in conformance with the requirements set forth herein: * * (e) Process for City of Miami. fk k »0] Brickell Station Subzone. Notwithstanding_ any other provision of this code to the contrary, whenever uses authorized by subparagraphs 7 Submitted into the public record for item(s) P2.4 on 03J10/2022, City Clerk Amended Agenda Item No. 7(A) Page4 (0)(2)(a) and (D)(2)(b) above are proposed within the Briokell Station Subzone of the Rapid Transit Zone as designated in subsection 33C-10 herein, the procedures and development standards adopted pursuant to subsection 33C-10 shall contrel,« * Section 3. Section 33C-3 of the Code of Miami -Dade County, Florida is hereby amended as follows: Sec. 33C-3. Rapid Transit Developmental Impact Committee. (a) There is hereby established a Rapid Transit Developmental Impact Committee Executive Council composed of the County's Developmental Impact Committee Executive Council (established by Section 33-303.1, Miami -Dade County Code) and two (2) representatives from each of the following municipalities: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. It is provided, however, that for developments located within the Downtown lntermodal District Corridor Subzone established by [[s ec-lien]] »section« 33C-9 »and the BrickeIl Station Subzone established by section 33C-10cc, however, the Rapid Transit Developmental Impact Committee shall be composed of the County's Developmental impact Committee Executive Council and three (3) representatives from the City of Mimi. In addition, there shall be an RTDIC Staff Council composed of members of the County Departments identified in Section 33-303.1(A) of this Code and three (3) representatives from the City of Miami. The Rapid Transit Developmental Impact Committee shall, subject to the procedures specified in > 'section« 33-303.1, Miami -Dade County Code, perform the duties specified in Section 33C-2 and Section 33C-4 of this chapter. (b) Except for the Downtown Intennodal District Corridor Suhzone established by subsection 33C-9 »and the Brickell Station Subzone established by section 33C-10« herein, hailed notice of hearings before the Rapid Transit if Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk (c) Amended Agenda Item No. 7(A) Page 5 Development Impact Committee pursuant to Section 33C- 2(D)(2)(d) shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly entrrorrated in that subsection. Mailed notice of the hearing shall also be provided simultaneously to the municipality in which the application site is located. Applications -shall comply -with the procedural requirements! of Section 33-304. Notwithstanding any other provision of this code to the contrary, for the Downtown Intermodal District Corridor Subzone established by section 33C-9 »and the Brickell Station Subzone established by section 33C-10<< herein, notice of meetings before the Rapid Transit Development& Impact Committee shall comply with the procedures set forth in »those respective sections« Section 4. Section 33C-4 of the Code of Miami -Dade County, Florida is hereby amended as follows: Sec. 33C-4. Rapid Transit Development Impact Zone. (b) Except for the Downtown Intermodal District Conidor Subzone established by section 33C-9 »and the Brickell Station Subzone established by section 33C-10« herein, and notwithstanding anything to the contrary herein, mailed notice of hearings before the Rapid Transit Development Impact Committee pursuant to Section 33-2(D)(2)(e)(1) shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to Section 33-310(d)(3) for the special exceptions expressly enumerated in that subsection. Mailed notice of hearings shall also be provided simultaneously to the municipality in which the application site is located_ Applications shall comply with the procedural requirements of Section 33-304. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No. 7(A) Page 6 Section 5. Section 33C-I4 of the Code of Miami -Dade County, Florida is hereby created as follows: »Sec. 33C-1II. Brickell Station Sub -Zone. I Purpose and Intent_ The fa1hhwing development_ IMAM standards and criteria shall govern applications for Initial PIan Approval of the general site development plan and applications for Final Site Plan Review for all development to be located within the boundaries of the Brickell Station Sub -Zone established in this section. The standards set forth herein further the -unique land use characteristics of this area, which lies within the City of Miami Urban Core, as defined in section 33-84, and within the Downtown. Regional Urban Center, as designated on the Land Use Plan Map of the County's Comprehensive Development Master Plan, and are consistent with, and support the Citv's commitment to. principles of urban planning, including responding to the existing conditions of the City, its downtown corridor, and its natural features, infrastructure, and buildings, improved mobility, enhanced pedestrian environment, and the reduction of urban sprawl. Development in this sub zone also addresses government service and infrastructure needs of this quickly growing area_ and therefore projects within this sub -zone are encouraged to incorporate public service, public infrastructure, or public benefit components, including, but not limited to, a police or fire station, regional sewer pump station, and affordable housing, Boundaries. The Brickell Station Sub -zone of the Rapid Transit Zone is hereby established; the boundaries of the Sub -zone are identified in Exhibit 18 of section 33C-2(B). The legal description and a full-scale map of the boundaries are on file with the Miami -Dade County Department of Regulatory and Economic Resources or its _successor Department (the "Department")_ LO Permitted Uses; The following uses shall be permitted in the Brickell Station Sub -zone, either alone or as mixed uses in horizontal or vertical integration. "Vertical integration" means any combination of primary uses (such as passenger transit systems or businesses) located on the ground floor, and residential and accommodation uses such as hotels on the upper floors. "Horizontal integration" means any /2 Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No. 7(A) Page 7 combination of parcels or buildings and structures with different primacy uses within the same development. hotels; commercial/retail; offices: residential: fS bars and restaurants; bid -rental car facilities. k7) parking lots and parking structures. including commercial parking lots and garages that charge fees forparking; (8i governmental: L9� convention halls and showrooms; (10) institutional; al) health care facilities. except hospitals: (12) public parks and open spaces; and. (13) other similar uses. as approved by the Director of the Department. Pre -application conference. The applicant shall participate in at least one pre -application conference with the Rapid Transit Development Impact Committee (RTDIC) prior to filing the application. The applicant shall provide a general outline of the proposal throug.h schematics and sketch plans including narrative information sufficient for the understanding of the proposed development. Initial Review. �1] Application. Following the pre -application conference, a request for approval of a general site development plan for development within the Brickell Station Sub -zone, shall be made by filing an application with the RTDIC in accordance with the provisions of section 33-304. Said application shall be considered a special a weption. for approval of a general site development plan to be considered and acted upon directly by the Board of County Commissioners pursuant to the development regulations established in this section. Applications shall comply with the procedural requirements of section 33-304 of this code. ,1r Submitted into the public record for item(s) P2.4 on 03/100022, City Clerk Amended Agenda Item No. 7(A) Page 8 RTDIC recommendation. Within 60 days after the filing of the application, the RTDIC Staff Council shall review the application, and the RTDIC shall issue a recommendation upon such application. The recommendation shall reflect the consensus of the members present. In the event that the City representatives present do not concur with a recommendation- for approval, the recommendation shall be for denial. The recommendation shall be transmitted to the Board of County Commissioners for final action. In the event of a recommendation of denial by the RTDIC, approval of the application shall require the affirmative vote of 9 members of the Board of County Commissioners. Phased development_ Praiects within the sub -zone may be constructed in phases, and the construction of public buildings and infrastructure to serve future development may accordingly need to be completed in phases. Where aphaSed development is requested., the Board of County Commissioners. in approving a phased site plan, shall Specify building footprints, heights, density. intensity, and gross square footage of buildings as future development parameters. The RTDIC may review and approve specific land uses and design details of said future development in subsequent phases pursuant to the Final Review criteria enumerated herein, provided that the development parameters approved by the Board of County Commissioners in the phased site plan are not exceeded and that the development regulations set forth herein are net. Q41 Required exhibits for Initial Development_ The following exhibits shall be submitted with the application for a general site development plan: (a) A narrative describing the projects scope, including but not limited to: vision statement the project's consistency with the intent and purpose of these regulations, size of proiect and location, and prominent components of the development; phasing of the development if necessary; scale; relevance to the region; its connection to the surrounding urban context Submitted into the record for ite public on 03 m[$� P �0 2022 City Clerk Amended Agenda Item No. 7(A) Page 9 economic impact on the local economy; design concept(s); significance of the project as a gateway to the community; and any gdditional information necessary to explain the development. Schematic site plan-(s), at a scale of not less than 1 inch equals 100 feet., indicating: prominent- -structural - components of the development; permitted Iand uses; existing and proposed streets;. major points of egress/ingress of the development; public open space locations and area in square feet; floor area ratio; pedestrian circulation; residential density; and square feet of retail, office, institutional, governmental, and other proposed land uses, not to exceed the development thresholds contained in the administrative site plan development parameters included herein. Information on adjoining and adjacent uses., on aplan at a scale no less than. 1 inch equals 100 feet, to indicate the relationship(s) between the proposed development and adjacent areas including, but not limited to: existing land uses and their intensities; densities, vehicrilar and pedestrian circulation systems, blocks and lots, and unique geographical features. Perspectives, isometrics. elevations and other drawings illustratingproposed development. Anv additional information specified by the RTDIC at the pre -application conference to evaluate the character and impact of the proposed development. ff.) Final Review, (l Final Review for development of the Brickell Subzane. Following approval of the special exception, final review for all or a portion of the development, including phased development, shall be made and approved aclm inistratively by the RTDIC in accordance with the plans and documents approved by the Board of County Commissioners. The RTDIC review shall be guided by development /. Submitted into the public record for items) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No. 7(A) Page 10 standards established in this section Applications to modify a site plan approved pursuant to this section, including applications to approve a subsequent phase of apreviously-approved phased site plant shall be considered and acted upon Administratively by the RTDIC without the necessity of public hearing. Gj. In the event that the City representatives present do nut —concur -with —4 roval of the & ilication, the decision of the RTDIC shall be for denial. The affirmative vote of 9 members of the Board of County Commissioners shall be required to reverse a decision of denial by the RTDIC. Notice. Mailed notices of the RTDIC Executive Council meeting shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected an the Miami Dade County Property Appraiser's tax roil as updated., within 50U feet of the subject property. Such mailed notices shall contain general information, including, but not limited to, the date, time and place of the meeting, the property's Iocation (and street address. if available), and nature of the application shall be sent no sooner than 30 days and no later than 20 days prior to the meeting. The property shall be posted no later than 20 days Prior to the meeting in a manner conspicuous to the public, by a sign or signs containing information: including, but not limited to the applied for zoning action application number, and the time and place of the public meeting. The property owner shall be responsible for ensuring that the sign is maintained on the site until completion of the public meeting and for removal of the sign within two weeks following completion of the public meeting. Lel In addition, notice shall be published in a newspaper of general circulation in Miami - Dade County. as follows: a full legal notice, to be published no later than 20 days and no earlier than 30 days prior to the meeting. to contain the date, time and place of the /5/ Submitted into the public record for item(s) PZ.4 on 03/10/Z022, City Clerk Amended Agenda Item No. 7(A) Page 11 meeting, the property's location and street address, if available. Required Exhibits. The following exhibits must be included with an application. It is provided, however, that the Director of the Department shall have the authority to waive any of the items because of the nature or timinP of the development or because the information cannot befurnished-at4.he time of thi review. The application shall be deemed complete if all items in this subsection are included in the application, Master plan, at a scale of not less than I inch equals 100 feet, which shall include the following information: [� Lot lines and setbacks. (ii) Proposed floor area of all permitted uses. Height, size, shape, and location of existing and proposed buildings. iv Location of off-street parking and layouts showing number of parking spaces required and provided. Q Proposed grades if significantly altered. fart) Signage, street and lot lighting, and street and tot furniture. Total number of dwelling units and hotel rooms, if applicable, (viii) Location and amount of open space required and provided. ix Phase lines, if applicable. Figures indicating gross and net acreage, and areas to be dedicated for public rights -of -way. Vehicular and pedestrian circulation system, including blocks, streets, major points of access into and out of the development, pedestrian cross -walks, medians. and on -street parking. Location of pedestrian access points, including connections to existing or proposed bridges, roadways, or sidewalk areas. Submitted into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No. 7(A) Page 12 (xiii) Location of loading facilities, waste collection areas, and other service areas. flu Floor plans and elevations of all structures, including gross square footage of each floor. ( Sections of major structures. Isometrics or perspectives of the proposed development. tej Landscape plan(s) in accordance with Chapter 18(A), except as modified herein. CO Such other design data as may be specified to satisfy a condition of approval of the Initial Review. Administrative Site plan development parameters The following development regulations shall apply to all development within the sub -zone. fl Parking.: The table below indicates minimum parking for each type of use. Use Miininium Parking Requirements ConimercialCRetail, Restaurants, Bars, Convention 1.8 spaces / 1000 SF Halls and Showrooms Office, Government. Institutional, Health Care 0,6 spaces 11000 SF Facilities Residential 0 spaces per unit Hotels 0.3 spaces 1 room Transit systems including Maintenance Facilities 0.6 spaces 11000 SF (excluding platform). Other Uses 50% of the required parking indicated in Section 33-124 La,) To minimize adverse visual effects of the structure(s), multi -story marking garages facing public and private streets, rights -of - way, and/or public open space shall use screening methods, including, without limitation: Iiner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural Submitted into the public record for item(s) PZ.4 onfgficagg2, City Credo/ Amended Agenda Item No. 7(A) Page 13 fenestration; sculpture; design features; and/or other innovative screening methods. a) Surface parking lots fronting streets shall be located a nainirnuzn of 10 feet from the right- of-way and screened at the 10-foot line with a wall having a maximum height of 3'6". The setback shall incorporate a combination of hard-ssape-end-1andssape elements -finished to match the existing sidewalk. Men h ni zed parking shall be allowed and., when provided, shall be exempt from the provisions of Section 33-122. For thepurpose of this sub -zone, mechanizPd parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. A mechanized parking space shall be counted toward the narking requirements of this Section. Mechanized parking may not be provided unless a queuing analysis is submitted and approved during the Administrative Site Plan Review process. Required off-street parking for uses located within this Sub -zone may be Iocated within one mile of the boundaries of the sub -zone. An applicant for approval of development with off -site parking shall execute and record in the public records of this County a. declaration of restrictions, approved by the Director of the Department, covenanting that such development shall cease and terminate upon the elimination of such parking arca, and that no development requiring such parking shall be made of suchproperty until the required parking area is available and provided. Setbacks, cubic content, and lot ,size; La). Due to the unique characteristics associated with the high -density or high -intensity, mixed -use developments contemplated for this sub -zone, there shall be no minimum setback from streets at grade and above the eighth floor, interior/rear property lines. and park rights -of -way. /7 Submitted into the public record for item(s) PZ.4 on 03 1P Z�22 City Cleric (b Amended Agenda Item No. 7(A) Page 14 There shall be no maximum or minimum limitation on the size of a floor plate. The minimum lot size required to develop pursuant to these regulations is 32,000 square feet. al Encroachments: (aj. —Buildings and struct-iires a]iove the ground floor may be built above colonnades and/or encroach into street setbacks but shall not extend into the public or private right-of-way unless permitted by State law and approved by- the Miami -Dade County Department of Transportation and Public Works or successor agency ("DTPW") or by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of DTPW or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waitingareas, roofs; upper story terraces, pedestrian bridges. and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained_ Lbj Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. Floor Area Ratio and lot coverage: The floor area ratio, lot coverage, and maximum square footage of buildings to be developed within the sub -zone shall not be limited. al Building lleight.: The maximum building heiglit shall be the maximum allowed by the Miami -Dade Aviation Department (MDAD) or its successor Submitted into the public record for item(s) PZ.4 on 03 I0 2022, City Clerk Amended Agenda Item No, 7(A) Page 15 agency in accordance with the zoning regulations for Miami international Airport provided in chapter 33. 16 Open ,pace: The minimum open space requirement shall be 15 percent of the gross development area, Open space shall include parks, plazas, balconies, terraces, courtyards, arcadcslcolonnades, pedestrian paths, rooftop preen— spaces —above buildings and parking garages. and transit platform areas improved for pedestrian comfort. _CD Signs: Signs visible from public rights -of -way or public areas shall comply with section 33-284.87 of this Code except that Class C sips maybe permitted in accordance with section 33-107 of this Code. The sig age plan submitted with the application for final site plan review shall contain criteria, locations and sizes of signs. al Density: Residential density shall not exceed 500 units per gross acre. f2,] Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum 40 percent glazed. Glazing is not required for building facades that face the Metrorail or Metromover rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space; however. parking garages shall conform to the parking standards included herein, Blank walls facing public and private street rights -of -way and public open space shall be prohibited unless furnished with some type of artistic expression, such as sculpture, mosaic and similar features. (10) Landscaping.. Landscaping shall conform to the standards set forth in section 18A-6, Code of Miami - Dade County. as applicable to non-residential development, with the following exceptions: (a) A minimum of 30 treesper net acre of open space shall be provided. Trees maybe placed in the lot, or in greens, squares, Diozas and street medians within or in close proximity to this sub -zone. Lot trees shall have a minimum 2-inch diameter at breast height. Submitted into the public record for items) pz•'� on xQ 2O22, City Clerk Amended Agenda Item No. 7(A) Page 16 (b) Street trees shall be planted at a maximum of 3 0 feet average on center, with a minimum 3- inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-wav obst .1 ions: -as — determined by the Department of Transportation and Public Works or its successor Department or other agency with jurisdiction. 11.1) Service areas artd r echcanicr�l eq ment: Service areas and fixtures shall be screened and located so as not to be visible from public and private rights -of - way or public open space. Mechanical equipment installed an roofs shall be screened from view by parapets or other architectural elements. Fixtures, including but not limited to backflow preventers, pumps, underground ventilation exhausts, and electrical vaults, shall be located within or to the side or rear of buildings: such fixtures shall not be located within the street setback area_ Backflow preventers shall be shielded from view, as required by section 32-157(d). (12) Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in chapter 33. article X of this code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply in this sub -zone. fl-l) Plan Review Standards. The numose of the plan review standards is to encourage the creation of development within the Brickell Subzone that is consistent with the intent and purposes of these regulations acts as a significant gateway for and destination to the Brickell area, and facilitates its future gowth by designing and arranging buildings, public open space, transit. and street circulation in a manner that fosters around -the -clock pedestrian activity, serves the local and regional transit demands of the community contributes to the urban revitalization of the City of Miami, and encourages public service, infrastructure or public benefit components to address the needs of a growing population. Submitted into the public record for items) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No. 7(A) Page 17 A mix of uses in the design of development projects is encouraged to the maximum extent possible. Mixed -use buildings. including, without limitation, residential, commercial, office, hotel, and restaurants, are highly encouraged in combination with transit and other governmental facilities. (2) Developments shall provide direct pedestrian and vehicular -connections to the -adjacent bloc]- and reef network. Pedestrian crosswalks providing safe passage from adjoining streets and blocks into the development project of the sub -zone shall be installed at street corners and if practicable midblock locations. Crosswalks RhnIII be distinguished from other street elements by the use of conspicuous materials, texture and color. al Public open space in the form of plazas, squares, greens, and landscaped areas shall be incorporated in the design of all development projects at grade or on above grade surfaces. The public open spaces should have a scale that is compatible and complementary with the intensity of proposed development, and their design should relate to the development's concept. Landscaping, furniture. art, paved pedestrian paths, and lighting, among other features, should be used to enhance the open spaces pedestrian experience. al Consideration should be given to providing landscaping in a manner that reduces the heat island effect of the development on the urban environment. All new development shall strive to meet certification standards from Florida Green Building Coalition or a similar organi7ation Developments shall be designed with a coordinated outdoor lighting and signa,ge system that is an integral part of the project and compatible and harmonious with existing andproposed development in the sub -zone and with surrounding uses. Sig_nage should clearly indicate locations of, . and guide pedestrians and vehicles to,proposed parking areas. transit facilities, permitted uses, and surrounding activities and uses. fl Proposed building scale should be in harmony with building scales allowed by applicable City of Miami regulations for surroundingproperties. Buildings and their landscapes shall be built to the sidewalk edge in a manner that frames the adjacent street to create v�� Submitted into the public record for item(s) PZ.4 on 03L10f20Z2, City Clerk Amended Agenda Item No. 7(A) Page 18 public space in the street corridor that is comfortable and interesting. as well as safe for pedestrians. Architectural elements at street level shall have abundant fenestration. windows and doors and design elements that create interest for the pedestrian. Proposed development in the sub -zone shall provide connections —via bridges,, paths, sidewalks, or - combination of such features to adjacent or nearby Metrorail and Metromover systems. 0) Platting. Separate parcels located within the sub -zone and made subject to a unity of title or covenant in lies. ❑funity of title shall not be deemed a subdivision and shall be exempt from the platting requirements of chapter 28. (J) Conflicts. The development review procedures, standards, and criteria set forth in this section 33C-10 shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the Miami -Dade County Code or with the Miami -Dade County Public Works Manual. Amendments. At least six weeks prior to the scheduled public hearing of anv amendments to this section 33C-10, the County shall wail or e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney of the City of Miami. The communication to the City shall include the date of the scheduled public hcaring,K< Section 6, Section 33-314 of the Code of Miami -Dade County, Florida is hereby amended as follows: Set. 33-314. Direct applications and appeals to the County Commission. (C) The County Commission shall have jurisdiction to directly hear other applications as follows: * Submitted Into the public record for item(s) PZ.4 on 03/10/2022, City Clerk Amended Agenda Item No_ 7(A) Page 19 (10) Upon application for, bear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(2)(d) and (2)(e) », section« [for Section]] 33C-9 », or section 33C-10« [fa —the e-of Section 7. If any section, subsection, sentence, clause or provision of this ordinance is }geld invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida, The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be clanged to "section," „article," or other appropriate word. Section 9. This ordinance shall become effective ten (] 0) days after the date of enactment unless vetoed by the Mayor, and ifvetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: June S , 2018 Approved by County Attorney as to form and legal sufficiency: Prepared by: Dennis A. Kerbel Prime Sponsor: Chairman Esteban L. Bovo, Jr. 02,3 EDIT 18 Brickeil Station Subzone 1 1 I<► E I � I r NOT TO SCALE r L • zc an csc ,,., a 3. 0 o n 0_ v ay 3 v n g co - n