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HomeMy WebLinkAboutApplication and Supporting DocumentsPLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. PROJECT INFORMATION Project Name: PZ-22-14469 Project Address: 700-710 Brickell Avenue and 799 Brickell Plaza, Miami FL 33131 APPLICANT INFORMATION Company Name: Akerman LLP Primary Contact: Spencer Crowley Email: spencer.crowley©akerman.com Secondary Contact: Nicholas Barshel Email: nicholas.barshel@akerman.com STAFF RECOMMENDATION/DECISION Recommending approval to the third amendment to the BCC Development Agreement. GRAPHIC / Al Cityal Centre B Brickell City C tre Block 11 `I'—i T'� 1:-4r" = Existing BCC SAP properties to remain — changes to BCC SAP ' N2 mot.-.-r �� Q� • P m'' I� _F� 11 ■fey, �f.' sE*TLS • - • -,F i V r9T. _ .. ta_l 41 1 41 i..e_. '', ' �1 - - - 1•"9�1^II ., �t.p) ill 1.410 ioSal TdIAIISTIS51.10 1� {fit tJ — \ 1 • ' Tel, " • sE STN 5T lki 90 .� C: 0 tiQ PUBL,c . 0tt..V� NOTICE This submittal needs b be scheduled for a pubic hearing in accordance wkh timelines set forth in the City of Miami Code.The apptica de decision -making bcdywilt review the information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/06/22 v t E w CO PLANNING DEPARTMENT INFORMATION Lead Staff: Andrea Sandoval Principal Division: Urban Design Division Email: andreasandoval@miamigov.com PROJECT DESCRIPTION The developer seeks approval to a third amendment to a previously approved Development Agreement to make provision for the One BCC Signature Office development, an alternate concept for the One BCC parcel, which may utilize certain design flexibilities that includes larger tower floorplates. Webs Link(s): BOARD REQUIREMENTS n HEPB n UDRB n City Commission I -I PZAB n WDRC n AIPP Existing Transect Zone(s): T6-48B-O (13114) Existing FLUM(s): 8 - Restricted Commercial Commissioner District(s): District 2 Commissioner Ken Russel Department of Human Service Neighborhood Service Center(s): Downtown-Brickell Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP City of Miami Planning Department & Office of Zoning httpl/www.miairigov.com'plannin httpl/wwwmian ov.com'zonin E-rmi eplanpz mmiamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 Special Appearance Application in This submial needs to be achenuled fora public nearing accordance with Umellnea set forth in the City of Miami Code. The replicatle decision -making holly will rexewMe infonnadon at the public hearing to render a recommendation or a finalL daimon. PZ-22-14469 06/03/22 SUBMITTER INFORMATION Fist Name: Email: Nicholas Last Name: nicholas.barshel@akenman. com Barshel PRIMARY APPLICANT INFORMATION First Name: Spencer Corporation: Ake= LLP Address: 98 SE ST Last Name: Crowley City: MIAMI State: Email: nicholas.barshel@akemmn.com Phone: Florida Tip: (305) 982-5538 33131 PRIMARY OWNER INFORMATION Frost Name: Rodrigo Corporation: Swire Properties Address: 98 SE ST City: Miami Email: rb>lbao@swireprops.com Last Name: Bilbao State: Phone: Florida hp: (305) 371-3877 33131 PROJECT INFORMATION 1 Project Name: Project Address: City: Master Folio Number: Brickell City Centre SAP 700 BRICKELL AV Miami 0102100301180 State: Florida Unit Number: hp: 0 33131 SIGNATURE That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my kno • That NO work or installation wit connnence prior to the issuance of a building pemit and that all work will be performed to regulating construction and zoning in this jurisdiction. • I will, in all respects, perform work in accordance with the scope ofthe pemit, the City of Miami's codes and all other applicab ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating constructioi • That separate permits rmy be required unless specifically covered with the submittal of this application. • That there maybe additional permits required from other entities. • Fees shall be paid prior to the review and issuance ofthe permit, as necessary. • Permit fees are non-refundable NOTICE This submMal needs to Ile scheduled fora pubic nearing in accordance with tlmelinen set forth in the City of Miami Code. The appbratle dechon-making body. redewthe information at the pubbc hearing to render a recommendation or final decidon. PZ-22-14469 06/03/22 APPLICANT OWNER / OWNER REPRESENTATIVE Fh t Name: Nicholas Signature: Last Name: Barshel Date: April 15, 2022 First Name: Signature: Date: Rodrigo April 14, 2022 Last Name: Bilbao 4 PU$o akerman May 9, 2022 David Snow, Assistant Director of Planning City of Miami Planning Department 444 SW 2nd Avenue Miami, FL 33130 NOTICE This submttal needs to be scheduled fora public hearing In accordance wr h tl mein. set forth in the City of Miami Code. The applica decision -malting body wiLL renew the information at the public hearing to render a recommendation or a final decision. Three Bri 98 Southeast Miami, FL PZ-22-14469 0 6/03/22 �4N ! Ew COS D: 305 982 5549 spencer.crowley@akerman.com RE: Letter of Intent to Modify Development Agreement — Brickell City Centre SAP Special Appearance Application File #PZ-22-14469 Dear David, As you know, this firm represents Swire Properties ("Swire") and its affiliates in matters regarding development of Brickell City Centre, the first phase of which is complete. The City has approved several development orders related to Brickell City Centre, most notably the Brickell City Centre Special Area Plan ("SAP") in July 2011, an amendment to the SAP in March of 2013 to add the "BCC N2" block, a second amendment to the SAP in March 2014 to add the "One BCC" block, and a third amendment to the SAP in January 2019 to add the "650 SMA" and "AP" blocks. As you also know, the City is preparing legislation for a fourth amendment to the Brickell City Centre SAP. That text amendment legislation does not propose to change the underlying land use or zoning designations of any properties, nor does it propose to expand the boundaries of the SAP. Rather, it will modify governing SAP regulations and design guidelines for the "One BCC" project to facilitate the redevelopment of that block. In conjunction with that text amendment, Swire must request to modify certain provisions of the companion development agreement for One BCC. A. Property Overview The subject property is located at 700-710 Brickell Avenue and 799 Brickell Plaza (collectively, the "Property").1 The Property is 123,278 square feet in total size (2.83 acres) and 1 The corresponding Miami -Dade County Property Appraiser tax folio numbers for the Property are: 01-0210-030-1180; 01-0210-030-1310; and 01-0210-030-1230. 63409767;1 May 9, 2022 Page 2 occupies the entire block between SE 8th Street and SE 7th Street to the north/lout Brickell Avenue and the MetroMover right-of-way to the east/west. The Property cur the old Northern Trust and Eastern National Bank office buildings with their respect garages built in the early 1970s. These existing buildings are aging and do not comply with the in of Miami 21 and the relevant SAP to facilitate activated street frontages and pedestrian -oriented development in the urban core. Swire intends to demolish all existing improvements and redevelop the block. See attached Exhibit A for the property description table of this SAP application. This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill renew the information at the public hearing to render a recommendation or a final decision. The Property is directly east of the first three blocks developed under the Brickell City Centre SAP (known as the BCC East, West and North blocks), and connects the project to Brickell Avenue across the Metromover right-of-way. The Property is known as the "One BCC" block based on this prominent location. See attached Exhibit B for an aerial overview of all Brickell City Centre blocks. B. Land Use and Zoning Designations All parcels within the Property are currently zoned T6-48b-O with a Brickell City Centre SAP overlay under the Miami 21 Official Zoning Atlas. And all parcels within the Property have a future land use designation of Restricted Commercial under the Miami Comprehensive Neighborhood Plan. Swire is not seeking to change the underlying zoning or land use designations of the Property, and all parcels will remain within the existing SAP boundaries. See attached Exhibit C for the future land use map of the Property. See attached Exhibit D for the zoning map of the Property. C. Approved Development Agreement On March 27, 2014, the City Commission adopted the second amendment to the Brickell City Centre SAP, which added the Property to the SAP boundaries and modified the SAP Regulating Plan and Design Guidelines to reflect the approved project for the One BCC block. Additionally, the City Commission adopted the Second Amended and Restated Development Agreement between the City of Miami, Florida and Brickell City Centre Project LLC and 700 Brickell City Centre LLC, Regarding Development of the Brickell City Centre Project ("Development Agreement") for the SAP.2 The first approved project for the Property (approved under the 2014 SAP amendment) included an 80-story mixed use tower containing retail, residential, office, and hotel uses ("One BCC Mixed Use Tower").3 The development program for the One BCC Mixed Use Tower includes 256 residential units, 66,915 square feet of retail space, 676,853 square feet of office, 120 hotel rooms, 1,905 parking spaces, and below grade loading. The One BCC Mixed Use Tower would link to the rest of Brickell City Centre through connections that span the Metromover Station. When One BCC was added to the SAP, it was designed to act as the "front door" to Brickell City Centre, connecting 'After the City and Swire executed the document, the Development Agreement was recorded in the Public Records of Miami -Dade County, Florida on September 18, 2014, at Official Records Book 29314, Pages 825-851. 3 The approved plans for the One BCC Mixed Use Tower were prepared by Arquitectonica and are entitled "One BCC." These plans were stamped approved by the City's Hearing Boards Dept. on December 17, 2013 and consist of 75 pages. 63409767;1 May 9, 2022 Page 3 the full extent of the mixed -use, transit -oriented project directly to Brickell Avenue, commercial corridor. The One BCC Mixed Use Tower thus included expansive plazas t public realm at the corners of Brickell Avenue with SE 7th and 8th Streets. D. One BCC Signature Office This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill renew the information at the public hearing to render a recommendation or a final decision. Based on the unprecedented global changes to market conditions following the COVID-19 pandemic, Swire requested that the City propose a fourth amendment to the SAP to allow an alternate development program for the One BCC block with a more significant office component ("One BCC Signature Office"). The One BCC Signature Office concept is precipitated by the inflow of new residents and businesses to Miami, primarily from urban areas in the Northeast U.S. and California. This increase in investment activity has generated interest from significant financial service and technology companies which do not traditionally have a presence in south Florida. In order to attract and accommodate these tenants' interest and specific needs, Swire requested to modify the building envelope and development program previously approved for the One BCC Mixed Use Tower. The resulting legislation is the City's text amendment. If adopted, the City's proposed zoning changes related to the One BCC Signature Office concept will give Swire much needed flexibility to move forward with redevelopment of the One BCC block and deliver tenant spaces representative current office demand, while maintaining the overall vision for this project as a transit -oriented, walkable mixed -use district to live, work, and play in the heart of Brickell. E. Modifications to Development Agreement The proposed text amendment would modify the existing SAP Regulating Plan and Design Guidelines to reflect certain revised building parameters for the One BCC Signature Office concept.4 Most importantly, these modifications allow larger office floorplates of up to 60,000 square feet in the first 100 feet of building section above the podium, and up to 40,000 square feet office or commercial floorplates for the remainder of the tower, up to the allowable FAA height. These larger floor plates are critical to attract the nation's leading technology and financial companies, and will better position Miami to compete against other major metropolitan cities such as New York and San Francisco where such large floor plates are available and in high demand. The proposed zoning changes are relatively limited, and the One BCC project will continue to respect the guiding principles of the overall Brickell City Centre design and SAP master plan, acting as the "front door" to the overall project facing Brickell Avenue. In conjunction with the text amendment, the Development Agreement must also be amended to include changes consistent with the One BCC Signature Office concept. On this basis, we have provided a redline of the existing Development Agreement for your consideration. Although this application is an amendment to the a The Regulating Plan states that the One BCC Mixed Use Tower may continue to be developed pursuant to the existing SAP Design Guidelines (including pages C2.1 to C2.95). Alternatively, development of a One BCC Signature Office design may proceed pursuant to the new Design Guidelines included with the legislation as pages C2.96 to C2.98. 63409767;1 4 PU$// May 9, 2022 Page 4 existing Brickell City Centre SAP, it only addresses the Property (the One BCC block). of the Brickell City Centre project will remain unchanged and developed in accordant and Development Agreement, as previously approved. Therefore, the proposed cha Development Agreement do not affect any other block within the Brickell City Centre SAP. G O 4- a. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. F. Neighborhood Needs and Public Benefits 44, V 4 r VI Ew CO Q PZ-22-14469 06/03/22 The enclosed modifications to the Development Agreement address adjacent neighbor needs by facilitating completion of a walkable urban center within the Brickell area that will reduce carbon dioxide emission and promote energy conversation. As with the remainder of Brickell City Centre, One BCC will include significant improvements to enhance the public realm. Foremost among such elements are the referenced public plazas on the east side of the block, and a direct connection from Brickell Avenue to the BCC Metromover Station (which was previously upgraded with the first phase of Brickell City Centre). The emblematic climate ribbon feature will be extended over the Metromover Station and carried eastward into the One BCC block to create an inviting entrance directly on Brickell Avenue. Brickell City Centre will continue to be the epitome of innovative and efficient urban design that benefits the surrounding neighborhood, embodying numerous Miami 21 principles including reduction of sprawl, encouraging walkability and transit use, urban infill, and creating a diversity of land uses for a variety of economic, employment, and living opportunities. Pursuant to Section 8(b)(vi) of the Development Agreement, Swire has proffered a series of public benefits in conjunction with the SAP. Originally, Swire had proposed to construct the loading for the project underground, because the One BCC Mixed Use Tower generated a significant demand for loading (15 loading berths). The emphasis on office space and reduced intensity of uses in the One BCC Signature Office concept will require much less loading than previously required. Further, Swire's experience and research regarding other contemporary office projects such as Hudson Yards demonstrates that there is stable and predictable demand for loading that can be satisfied with fewer loading berths. In light of these facts, the previously proposed underground parking, underground loading, and underground Metromover connection have been removed from the proposed One BCC development. Accordingly, we have revised the public benefits related to those items in the attached version of the Development Agreement. One BCC will otherwise provide all required parking and loading in accordance with the SAP, and will continue to provide an above - grade pedestrian connection over the Metromover Station. We maintain the total costs of the remaining public benefits are above and beyond the monetary payment typically required under the Public Benefits Trust Fund regulations of Miami 21 and Chapter 62 of the City Code. G. Compliance with Other Miami 21 Criteria In terms of other Miami 21 criteria, the provisions of Section 7.1.2.8(c) for rezonings do not apply to this application, because there are no proposed changes to the zoning designations of the Property. The Development Agreement modifications proposed would not alter allowable land uses 63409767;1 May 9, 2022 Page 5 nor the overall maximum density, height, intensity of development permitted in Centre SAP. The SAP remains consistent with the Miami Comprehensive Neighborho This submittal needs to be scheduled bra public hearing in accordance wM1h timelines set forth in the City of Miami Cede. The applicade decision -mall ng body will renew the information at the public hearing to render a recommendation or a final decision. Finally, this application to modify an existing SAP Development Agreement meets general criteria of Miami 21 Section 3.9, as it promotes greater flexibility so as to result in higher or specialized quality building and streetscape design within the Brickell City Centre SAP. The establishment of the One BCC Signature Office also meets the specific BRICKELL CITY CENTRE GOALS currently set forth in Appendix E to the Miami 21 Zoning Code, which includes an objective to "facilitate the organized growth of downtown infill redevelopment ensuring that Miami remains the focus of the region's economic, civic, and cultural activities." The focus on office development at One BCC in a Signature Office design is specifically met to achieve this goal. H. Conclusion Swire remains privileged to be part of the transformation of downtown Miami and Brickell, with the completed phase of Brickell City Centre now acting as a catalyst for future growth and development. The fourth SAP amendment proposed by the City will further that positive momentum by facilitating redevelopment of the One BCC block. In conjunction with that text amendment, we look forward to presenting our request to the City Commission for the required modifications to the Development Agreement. Thank you for your consideration. Sinc T. Spencer Crowley Enclosures cc: Hon. Francis Suarez, Mayor Hon. Ken Russell, District 2 Commissioner Arthur Noriega, City Manager Nzeribe Ihekwaba, Deputy City Manager Kieran Bowers, President, Swire Properties Related Companies 63409767;1 4 0 4- PU$// Exhibit A NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. 44, ReVIEW CO' PZ-22-14469 06/03/22 46439196;1 Existing Conditions "One BCC" Block "Attachment A" Table: This submittal needs to be scheduled for a pubic hearing In accordance wM1h timelines set forth in the city of Miami Code. The appdcca , decision -mating bodywill renew the Information at the pubdc hearing to render a recommendation or a final decision. PZ-22-1 4469 06/03/22 # Folio City of Miami Address SQ FT Existing FLU Designations Proposed FLU Designations Existing Zoning Proposed Zoning 1 01-0210-030-1230 799 Brickell Plaza 55,940 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 2 01-0210-030-1180 700 Brickell Avenue 47,610 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 3 01-0210-030-1310 710 Brickell Avenue 20,010 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 61768986;1 4 0 4- PU$// Exhibit B NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. 44, ReVIEW CO' PZ-22-14469 06/03/22 46439196;1 Aerial Overview Brickell City Centre Blocks 61768986;1 NOTICE This submittal needs to be scheduled bra public hearing In accordance wM timelines set forth in the City of Miami Code. The applicable decision -making body will renew the information at the public hearing to render a recommendation or a final decision. One BCC PZ-22-14469 06/03/22 4 0 4- PU$// Exhibit C NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. 44, ReVIEW CO' PZ-22-14469 06/03/22 46439196;1 Future Land Use Map One BCC (existing to remain) In This submittal needs to be schedu led for a public hearing accordance wilt timelines set forth in the City of Miami Code. The apphca de decision -making body NOR renew the information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/03/22 Commercial Recreation Marine Facilities* Single Family - Residential Duplex Residential Low Density Multifamily Residential Medium Density Multifamily Residential High Density ivlultifamily Residential Low Density Restricted Commercial Medium Density Restricted Commercial Restricted Commercial Central Business District General Commercial Major Institutional, Public Facilities_ Transportation ar Utilities Light Industrial Industrial 61768986;1 4 0 4- PU$// Exhibit D NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. 44, ReVIEW CO' PZ-22-14469 06/03/22 46439196;1 Zoning Map One BCC (existing to remain) Cenhe Spivci t'AteaPCax� This submittal needs to be schedted for a public hearing in accordance with timelines set forth in the City of Miami Cade. The applicade decision -making body will rewew the information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/03/22 // rimary T1 NATURAL T3 SUB -URBAN T4 GENERAL URBAN T5 URBAN CENTER ❑ T6-8 URBAN CENTER ❑ T6-12 URBAN CORE ❑ T6-24 URBAN GORE ❑ T6-36 URBAN CORE ❑ T6-48 URBAN CORE ▪ T6-60 URBAN CORE O T6-80 URBAN CORE ❑ D1 WORK PLACE ❑ D2INDUSTRIAL ❑ D3 MARINE ❑ CS CIVIC SPACE/PARKS ❑ CI CIVIC INSTITUTIONAL ❑ CI -HD HEALTH DISTRICT 61768986;1 AMENDMENT TO BCC SAP DEVELOPM PZ-22-14469: Special Appeara Index of Dra Document # A-0 Index of Drawings A-1 Setbacks A-2 Axonometric Diagram A-3 Section V-1 V-2 Survey Survey This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. 63043410;1 PROPERTY LINE CLIMATE RIBBON AND ABOVE -GRADE PEDESTRIAN CONNECTION SPANNING THE METROMOVER HAVE NO SETBACK AND MAY ENCROACH INTO THE RIGHT-OF-WAY, PER REGULATING PLAN SE 7TH ST (ONE-WAY) PREVIOUSLY APPROVED ONE BCC MIXED USE TOWER FOOTPRINT 442-2" 60,000 SF MAX. FLOORPLATE, PER REGULATING PLAN SE 8TH ST (ONE-WAY) *FUTURE CURB CUT(S) TO BE APPROVED BY THE CITY & FDOT AT TIME IF SAP PERMIT 40,000 SF MAX. TOWER *5 O ENCROACHMENT INTO BRICKELL AVENUE SETBACK ALLOWED AT SOUTHEAST CORNER, PER REGULATING PLAN IL 3O -O SETBACK -1 PROPERTY LINE 1 ARQUITECTONICA 29000ak Avenue, Miami, FL 33133 T 305. 372. 1812 F 305. 372. 1175 All designs indicated in these drawings are property of arquitectonica international corp no copes, transmissions, reproductions or ulation of a, noon of these drawngs in the whole or in part are to be made without the express of wntten authonzation of arquitectonica intemational m g tentshown is subject to review and approval ot-alpbilocal and mammas having outleall treserved ©20. the data in this stud, is nature and tobeodifidthrghouthworse of he projects developme nt with the eventual integration of structural, included eP and life safetySYstems-as these are further refined,the numbers be adjusted accordingly ONE BCC SIGNATURE OFFICE DESIGN GUIDELIINES MIAMI, FL SETBACKS 0 10 20 8011 DATE: 04/22/2022 A-1 mo� nozW �aaz Wiz=op mzAf %� /' // sn t r„x a v m X ,\ \ TOP OF PARAPET 1,049 FT MAX. ARQUITECTONICA 2900 Oak Avenue, Miami, FL 33133 T 305. 372. 1812 F 305. 372. 1175 All designs indicated in these drawings are pert, ofarquledonhinternational corpa entnofa, porton of these drawngs in the whole or in part are to be made without the express of wntten amMnzaton of arquitectonica intemational m subject to review and of all m©20. apsud,isconcepptabin laualaMggwemmemal ...tiesmodiiedthroughoutlut thecorseo the reserved development with the eventual integration modified be accordingly of the pm sdata �yincludedp in lintsare vsw+ems-aslmnature � eamnn will continue e� mess vnu ee adjusted accomlreiv_ ONE BCC SIGNATURE OFFICE DESIGN GUIDELIINES MIAMI, FL AXONOMETRIC DIAGRAM DATE: 04/22/2022 A-2 1H913H 1VIS303d CD PROPERTY LINE —r1 CD z n X 100'-0" = TOP OF PARAPET 1,049 FT MAX. PROPERTY LINE ARQUITECTONICA 2900 Oak Avenue, Miami, FL 33133 T 305. 372. 1812 F 305. 372. 1175 All designs indicated in these drawings are pert, ofarquledonhinternational W lation of a, m a entshown is porton of these drawngs in the whole or in part are to be made without the express of wntten .000nzaton of arquitectonica intemational subject to review and of all m©20. apsud,isconcepptabin laualaMggwemmemal ...tiesjunsdiction all the reserved development with the eventual integration modified MI ba adjust d a worse of the pm sdata �iincludedp in lintsare vsw+ems-aelmnature � eamnn will continue e� mess MI he adjusted accordingly ONE BCC SIGNATURE OFFICE DESIGN GUIDELIINES MIAMI, FL SECTION 0 20 40 160 DATE: 04/22/2022 A-3 t!i PURL/ G 0 4 ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Com and County agencies review zoning public hearing requests and provide input, which may affe and outcome of my hearing. These reviews may require additional hearings before other City an boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. aC o.IN `s NOTICE This submittal needs to be scheau lee for a public hearing In accordance wiH1 hmellnee set forth in the City of Miami Code. The applicxde decision -making bodywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 vw rEW C°' 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 PURL/ 8. Any and all documents submitted must be accompanied by a cover letter indicating the s application number and hearing date. Too cameo 61 LeAcs Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE NOTICE This submittal needs to be scheduled for a public hearing In accordance wiH1 hmellnee set forth in the City of Miami Cede. The applicxde decision -making bedywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 RE The foregoing instrument was acknowledged before me by means of-hysical presence or 0 online notarization, this 2 1 oi-,)a\\, 20 21- by -NOdtf>.BO 3)1 \bah acknowledging), who is personally known; to me or who has produced V"/ r ew a°' identification. Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 (name of person . i` J AM..AM- a A tiaYP. • TAMARAYAKUBOVA :A. • r: Notary Public - State of Florida S;" i o Commission # GG 367707 `••''ov s,... My Comm. Expires Aug 20, 2023 Bonded thi ough National Nutal y Assn. aT' ITC--��---- N y-�A as ---Tavl( O-\a\i-v Name typed, printed or stained My Commission Expires: CYO w\ i Registered Lobbyists and Active Issues Address: 98 SE 7th Street Ste 1100 City : Miami State : FL Zip : 33131 Organization Telephone (305) 982- Fax: Email: spencer.crowley@akerman.com wt a"lvr NOTICE This submRtal needs to be scheduled fora public hearing In accordance whh timelines set forth In the City of Miami Code. The appliutte decision -making body will reviewfhe information at the public hearing to render a recommendation or a final decision. Principal Name Bayfront 2011 Property, LLC ESJ JI LEASEHOLD,LLC Land use entitlements for Jungle Island 09/05/2019 Hotel FDG Rail Holdings 25, LLC Special Area Plan Application 07/16/2013 GRE Coconut Grove LLC Land use and zoning matters for 3034 07/06/2017 Grand Avenue, Miami FL 33133 Issue Description Annual Lobbyist Registration Fee Resorts World Miami Development Registration Date 01/17/2020 06/08/2011 Amount Payment Comments $525.00 30026102 $105.00 30008622 $105.00 30025347 $105.00 30012290 $105.00 30020578 Jo Palma & Partners Development in Omni CRA 12/06/2018 Corporation MCD Miami LLC Show Management, an Informa Business Skyrise Miami, LLC SkyHigh Miami project at Bayside Marketplace Swire Properties/Stephens Land use and zoning for Brickell CitiCentre Owens Magic city innovation district entitlement 01/11/2018 applications and all relevant land use and zoning matters. Miami Yacht Show 11/14/2018 04/14/2014 03/11/2011 $105.00 30023596 $105.00 30021585 $105.00 30023459 $105.00 30013937 $105.00 30008246 Page 83 of 416 Printed On 12/2/2020 4:51:06 PM Registered Lobbyists and Active Issues Address: One SE Third Ave., Ste. 2500 City : Miami State : FL Zip : 33131 Organization Akerman Senterfitt, P.A. Telephone 3053745600 Fax: Email: neisen.kasdin@akerman.com wt a"lvr NOTICE This submRtal needs to be scheduled fora public hearing In accordance whh timelines set forth In the City of Miami Code. The appliutte decision -making body will reviewfhe information at the public hearing to render a recommendation or a final decision. Principal Name Issue Description Morning Dew, LLC We are seeking to obtain approval for demolition and new construction for a new office/commercial use building; specifically, certificate of appropriateness from HEPB, approval from zoning and any other required documents. Oak Plaza Associates (Del), Land use and zoning for Design District LLC Registration Amount Payment Comments Date 11/03/2015 $105.00 30017498 09/09/2016 $105.00 30019131 Oak Plaza Associates, LLC We are seeking to obtain approval for demolition and new construction for a new office/commercial use building; specifically, certificate of appropriateness from HEPB, approval from zoning and any other required documents RS JZ 21 NE 39th, LLC Land use and zoning for Design District and Wynwood properties. Skyrise Miami, LLC SkyHigh Miami project at Bayside Marketplace 11/03/2015 $105.00 30017498 07/15/2016 $105.00 301480 04/14/2014 $105.00 30013937 Swire Properties/Stephens Land use and zoning for Brickell CitiCentre Owens 03/04/2011 $105.00 30008209 Page 218 of 416 Printed On 12/2/2020 4:51:06 PM PU$// .1 AFFIDAVIT OF AUTHORITY TO AC Before me this day, the undersigned personally appeared T. Spencer Crowley III, Esq. '-N to NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pabge hearing to render a recommendation or a final decision. who being by me first deposes and says: PZ-22-14469 06/03/22 <re 04- Ar- t Ew 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, El including or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Rodrigo Bilbao, VP Swire Properties Inc. 98 Southeast 7th Street, Suite 500 Miami, FL 33131 Further Affiant sayeth not. T. Spencer Crowley III, Esq. Applicant(s) Name Printed Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 4 day of January 20 22 , by T. Spencer Crowley III, Esq. who is a(n) individual/partner/agent/corporation of Akerman LLP a(n) individual/partnership/corporation. He/She is 12 personally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. (Stamp) Signature :ri a [at+wNAPERQ iTA 1 Y�SION#GG22**31 _ EXPIRES; June 8. 2g23 lr.iwi ltru iiy ''•T +set R� Rev. 10-18 CO PUB1., CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTIO G 0 44, The City of Miami requires any person or entity requesting approval relie action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. aC .IN v o NOTICE This submittal needs to be scheduled for a public hearing In accordance wiHr hmellnee set forth in the city of Miami Code. The applicxde decision -making bedywill review the information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 BAR E V� r Ew C°' Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Rodrigo Middle Name: Last Name: Bilbao Home Address: Home Address Line 1: 98 SE 7 Street Ste.500 Home Address Line 2: City: Miami State: Florida Zip: FL, 33131 Contact Information: Home Phone Number: Cell Phone Number:917.656.7376 Fax Number: Email: rbilbao@swireprops.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: BRICKELL CITYCENTRE PROJECT LLC and 700 BRICKELL CITYCENTRE LLC Address Line 2: 98 Southeast Seventh Street Suite 500 Miami, Florida 33131 Doc. No.:86543 Page 1 of 3 t!i PURL/ CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTIO 0 a. NOTICE �' Please describe the issue for which you are seeking approval, relief or other a the City Commission, board, authority, agency, council, or committee. AMENDMENTS TO THE BRICKELL CITY CENTRE SPECIAL AREA PLAN (SAP) AND RELATED SAP DEVELOPMENT AGREEMENT This submittal needs to be scheduled for a public hearing In accordance wiH1 hmellnee set forth in the City of Miami Code. The applicxde decision -making bodywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 4,41 06/03/22 k. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: N/A • Phone Number of Person/Entity: NIA • Address of Person/Entity: N/A 2. Please describe the nature of the consideration N/A 3. Describe what is being requested in exchange for the consideration. N/A Doc. No.:86543 Page 2 of 3 PURL/ CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTIO ACKNOWLEDGEMENT OF COMPLIANCE aC 0 it `vv NOTICE ThIs submittal needs to be scheduled for a public hearing In accordance wiHr hmellnee set forth in the City of Miami Code. The applicxde decision -making body review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 4Z144 IEw co,, I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name ft c ot�C�o e4UND4c) Signature Sworn to and subscribed before me this �i I day of The foregoing instrument was acknowledged before me by who has produced did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: CA 2012023 �anva r ROdtri , 20O2Z. .eil tb3c as identification and/or isCersonally knowto me and who TAMARA YAKUBOVA Notary Public - State of Florida Commission # GG 367707 `•o A�'' My Comm. Expires Aug 20, 2023 Bonded through National Notary Assn. Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP 4 0 4- PU$// List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal r petition to the City Commission or any City board with respect to any real property t disclosure, in writing, of all parties having a financial interest, either direct or indirect, in subject matter of said presentation, formal request or petition. Such disclosure shall include, b not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render s recommendation or a final decision. Owner's Name(s) Brickell CityCentre Project LLC and 700 Brickell City Centre LLC Percentage of Ownership SEE ATTACHED FOR BOTH ENTITIES Subject Property Address(es) 799 Brickell Plaza 700 Brickell Avenue; 710 Brickell Avenue • 44, R'VIEW CO PZ-22-14469 06/03/22 List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): BRICKELL CITYCENTRE PROJECT LLC 9 SE 6 ST (Folio: 01-0210-060-1300) Legal Description(s): REFER TO BRICKELL CITY CENTRE SPECIAL AREA PLAN (SAP), "BCC N2 BLOCK" T. Spencer Crowley III, Esq. Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 24th day of January 20 22 by T. Spencer Crowley III, Esq. who is a(n) individual/partner/agent/corporation of Akerman LLP a(n) individual/partnership/corporation. He/She is El personally known to me or 0 who has produced as identification and who 0 did El did not take an oath. In( b *iV PE.REZ TA „= iAY COMMISSION # GG 299631 EXPIRES; Aim a. 2923 Boodsd no) Now, Fume lindw*+*'Pi Nomm— Signature (Stamp) Rev. 10-18 4 PU$L/ CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP '-N to NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body wlli renew the Information at the public hearing to render a recommendation or a final decision. 44, V ''VIEW CO Q PZ-22-14469 06/03/22 Project Name: Brickell City Centre - ONE BCC BLOCK Subject Property Address: 799 Brickell Plaza (Folio No. 01-0210-030-1230) Owner Name: Percentage Interest (%): Brickell CitvCentre Project LLC, as Trustee under the provisions of that certain Land Trust Agreement dated as of July 10, 2012 and known as Trust Number BCC-2012 Swire Properties One LLC 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties One LLC Swire Properties Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties Inc Swire Properties US Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties US Inc Swire Properties Capital Management LLC 9700 Szombathely, Varkonyi utca 15. Hungary Swire Properties Capital Management LLC Swire Properties Limited 64/F, One Island East 18 Westlands Road Island East Hong Kong Swire Properties Limited Swire Pacific Limited (public -traded on Hong Kong Stock Exchange) 33/F, One Pacific Place 88 Queensway Hong Kong (GPO Box 1, Hong Kong) 100% 100% 100% 100% 100% 100% 61492773;1 4 PU$L/ Project Name: CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP Brickell City Centre - ONE BCC BLOCK Subject Property Address: 700 Brickell Ave. (Folio No. 01-0210-030-1180) 710 Brickell Ave. (Folio No. 01-0210-030-1310) Owner Name: 700 Brickell CityCentre LLC Swire Properties One LLC 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties One LLC Swire Properties Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties Inc Swire Properties US Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties US Inc Swire Properties Capital Management LLC 9700 Szombathely, Varkonyi utca 15. Hungary Swire Properties Capital Management LLC Swire Properties Limited 64/F, One Island East 18 Westlands Road Island East Hong Kong '-N to NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body wlli renew the Information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/03/22 44, V ''VIEW CO Q Percentage Interest (%): Swire Properties Limited Swire Pacific Limited (public -traded on Hong Kong Stock Exchange) 33/F, One Pacific Place 88 Queensway Hong Kong (GPO Box 1, Hong Kong) 100% 100% 100% 100% 100% 100% 2 61492773;1 PU$L/ CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP Project Name: Brickell City Centre - ONE BCC BLOCK Subject Property Legal Description: 4 O 4- 4 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. 44, ''VIEW CO Q PZ-22-14469 06/03/22 Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for street and sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book 1790, Page 604, of the Public Records of Miami -Dade County, Florida, and being more particularly therein described as follows: Beginning at the Northeasterly corner of Lot 15, Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, of the Public Records of Miami -Dade County, Florida; thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14; thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eastwardly, Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the Northerly line of said Lot 15; thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the Point of Beginning. Said lands situate, lying and being in Miami -Dade County, Florida. AND TOGETHER WITH: Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said portion being more particularly described as follows: BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for 10.61 feet to its intersection with the Northwesterly extension of the South Line of Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the POINT of BEGINNING. 2 3 61492773;1 1/24/22, 5:57 PM Detail by Entity Name This subrn tDI needs to be sCheegled for a public nearing In accordance wp ti metres set forth in the City of Miami Code. The applicable decision -ma Mg body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/03/22 f -- we Yfute u/I arid wei it Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company BRICKELL CITY CENTRE PROJECT LLC Filing Information Document Number L12000069697 FEI/EIN Number 80-0833573 Date Filed 05/23/2012 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 01/30/2018 Event Effective Date NONE Principal Address 98 SE 7th Street Suite 500 MIAMI, FL 33131 Changed: 03/20/2020 Mailing Address 98 SE 7th Street Suite 500 MIAMI, FL 33131 Changed: 03/20/2020 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET Tallahassee, FL 32301 Name Changed: 01/30/2018 Address Changed: 01/30/2018 Authorized Person(s) Detail Name & Address Title CEO https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BRICKEL.. 1/2 1/24/22, 5:57 PM Detail by Entity Name BLACKBURN, TIMOTHY 98 SE 7th Street Suite 500 MIAMI, FL 33131 Title President, Secretary BOWERS, KIERAN 98 SE 7th Street Suite 500 MIAMI, FL 33131 Title VP POON, LINDA 98 SE 7th Street Suite 500 MIAMI, FL 33131 Annual Reports Report Year Filed Date 2020 03/20/2020 2021 04/21/2021 2021 12/08/2021 Document Images 12/08/2021 -- AMENDED ANNUAL REPORT 04/21/2021 --ANNUAL REPORT 03/20/2020 -- ANNUAL REPORT 01/17/2019 -- ANNUAL REPORT 04/26/2018 -- ANNUAL REPORT 01/30/2018 -- CORLCRACHG 04/27/2017 -- ANNUAL REPORT 04/26/2016 -- ANNUAL REPORT 09/21/2015 -- AMENDED ANNUAL REPORT 04/13/2015 -- ANNUAL REPORT 04/28/2014 -- AMENDED ANNUAL REPORT 02/20/2014 -- ANNUAL REPORT 12/20/2013 -- LC Name Change 03/21/2013 --ANNUAL REPORT 11/14/2012 -- LC Name Change 05/23/2012 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format This submittal needs to be scheduled fora pubic hearing In accordance with timelines set forth In the City of Miami Code. The applira late decision -making body will renew theinfonnation at the public hearing to render a recommendation or a final decia on. Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=initial&search NameOrder=BRI CKEL ... 2/2 1/24/22, 5:57 PM Detail by Entity Name Div u I' of 1 o fay Wp of ll#$ .'Arne of Flaritio wei'sf#: Department of State / Division of Corporations / Search Records / Search by Entity Name / This subrn tDI needs to be sCheegled for a public hearing In accordance wp ti metres set forth in the City of Miami Code. The applicable decision -ma Mg body will review the information at the public hearing to rend& a recommendation or a final decision. PZ-22-14469 06/03/22 Detail by Entity Name Florida Limited Liability Company 700 BRICKELL CITY CENTRE LLC Filing Information Document Number L13000092503 FEI/EIN Number 61-1716965 Date Filed 06/27/2013 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 12/20/2013 Event Effective Date NONE Principal Address 98 SE 7th Street Suite 500 MIAMI, FL 33131 Changed: 03/23/2020 Mailing Address 98 SE 7th Street Suite 500 MIAMI, FL 33131 Changed: 03/23/2020 Registered Agent Name & Address Corporation Service Company 1201 Hays Street Tallahassee, FL 32301 Name Changed: 04/25/2018 Address Changed: 04/25/2018 Authorized Person(s) Detail Name & Address Title CEO https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=700BRIC... 1/2 1/24/22, 5:57 PM Detail by Entity Name BLACKBURN, TIMOTHY 98 SE 7th Street Suite 500 MIAMI, FL 33131 Title President, Secretary BOWERS, KIERAN 98 SE 7th Street Suite 500 MIAMI, FL 33131 Title VP POON, LINDA 98 SE 7th Street Suite 500 MIAMI, FL 33131 Annual Reports Report Year Filed Date 2020 03/23/2020 2021 04/21/2021 2021 12/08/2021 Document Images 12/08/2021 -- AMENDED ANNUAL REPORT 04/21/2021 --ANNUAL REPORT 03/23/2020 -- ANNUAL REPORT 01/17/2019 -- ANNUAL REPORT 04/25/2018 -- ANNUAL REPORT 11/27/2017 -- AMENDED ANNUAL REPORT 04/26/2017 -- ANNUAL REPORT 04/27/2016 -- ANNUAL REPORT 09/21/2015 -- AMENDED ANNUAL REPORT 04/13/2015 -- ANNUAL REPORT 04/25/2014 -- AMENDED ANNUAL REPORT 02/25/2014 -- ANNUAL REPORT 12/20/2013 -- LC Name Change 06/27/2013 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations This submittal needs to be scheduled fora pubic hearing in accordance with timelines set forth in the City of Miami Code. The applica late decision -making body will renew the information at the pubbc hearing to render a recommendation or a final decia on. https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=700BRIC ... 2/2 PURL/ Prepared by and return to: T. Spencer Crowley III, Esq. Akerman LLP 98 Southeast Seventh Street, Suite 1100 Miami, Florida 33131 POWER OF ATTORNEY aC oit .d `s NOTICE This submittal needs to be scheduled for a public hearing In accordance wiHr hmellnee set forth in the City of Miami Cede. The applicxde decision -making bedywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 RE vw !EW Cc) KNOW ALL BY THESE PRESENTS, that BRICKELL CITYCENTRE PROJECT LLC and 700 BRICKELL CITYCENTRE LLC have made, constituted and appointed, and by these presents do make, constitute and appoint SPENCER CROWLEY AND NEISEN KASDIN the true and lawful attorneys for them and in their stead to execute all documents and instruments required with respect to their application for an amendment to the Brickell City Centre Special Area Plan (SAP) approval submitted with and to the City of Miami, Florida, giving and granting unto SPENCER CROWLEY AND NEISEN KASDIN, their said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the SAP application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorneys or their substitutes shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 2. `nay of S Vqr J , 2022. elivered in the presence of: tness Signature G('cl ON-0 �C�k� bona Witness Name State of COUNTY OF Oa.6--2�,, )SS: Signature 2.o DRi (o BI 1.8 V P DE teP6Ae4T Name and Title The foregoing instrument was acknowledged before me this 2 day of iQrwo, 2022 by 1Z001 t SO 8; ! b0.O who is personally known to me or who has produced a as identification. + i-.-a .r -- — — ..4( °� ., TAMARA YAKUBOVA _ A\ r: Notary Public - State of Florida "? Commission # GG 367707 p. m. txpires Aug 20, 2023 ' NOTR ' ;bd.. . ; gh National Notary Assn. Printarm:- -k Tarrs My commission expires: pv9 , ZO 61491270;1 4 0 PU814 Document # PZD-0 PZD-1 PZD-2 PZD-3 PZD-4 PZD-5 PZD-6 PZD-7 PZD-8 PZD-30 PAP-1 PHO-1 PHO-2 PHO-3 PHO-4 HB-2 HB-3 HB-4 HB-5 HB-6 HB-8 HB-9 AMENDMENT TO BCC SAP DEVELOPMENT AGREEMEN PZ-22-14469: Special Appearance Application Index of Documents Index of Documents Signed Letter of Intent Recorded Deed Legal Description Voluntary Covenant Complete List of Folio Numbers and Addresses Pre -Application Summary Report SAP Regulating Plan Redline SAP Development Agreement Redline Disclosure Affidavit of No Monies Due to the City Special Appearance Application Site Photograph Site Photograph Site Photograph Site Photograph Acknowledgement by Applicant Lobbyist Registration Signed and Notarized Affidavit of Authority to Act Disclosure of Agreement to Support or Withhold Objection Disclosure of Ownership Certificate of Status from Tallahassee Power of Attorney G O 4- 4 NOTICE This submittal needs to be scheduled for a public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywlli renew the Information at the pane hearing to render a recommendation or a final decision. PZ-22-14469 �� w c06/03/22 ��<re Oh' E°*A 63043415;1 PU$// Exhibit "A" (to Development Agreement) LEGAL DESCRIPTION OF THE AMENDED PROPERTY Site 1: Brickell City Centre North NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-maXing body will renew the Information at the public hearing to render s recommendation or a final decision. 44, ''VIEW CO - PZ-22-14469 06/03/22 LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S, OF PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS BOOK 26161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Site 2: Brickell City Centre East PARCEL I: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15, IN BLOCK 106S, OF S.L. & J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS: THOSE PORTIONS OF LOTS 1, 9, 10, 11, 12, 13, 14, AND 15, BLOCK 106S, OF THE S.L. & J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORD OF MIAMI-DADE COUNTY, FLORIDA, LYING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGE 41 EAST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN NO2°16'51" W ALONG THE WESTERLY BOUNDARY OF SAID LOTS 9 AND 1, FOR A DISTANCE OF 299.90 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF SAID LOT 1; THENCE RUN N87°47' 15" E ALONG SAID NORTHERLY BOUNDARY OF LOT 1 FOR A DISTANCE OF 30.03 FEET TO A POINT OF CUSP AND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF S87°35'49" W; THENCE TURNING 180°, RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90°04'06" FOR AN ARC LENGTH OF 39.30 FEET TO A POINT 63109793;1 PURL, NOTICE OF TANGENCY ON A LINE THAT IS 5.00 FEET EASTERLY AN WITH THE WESTERLY BOUNDARY OF SAID LOTS 1 AND 9; S02°16'51" E ALONG SAID LINE THAT IS 5.00 FEET EAS PARALLEL TO SAID WESTERLY BOUNDARY OF LOTS 1 AND DISTANCE OF 234.80 FEET TO THE POINT OF BEGINNING OF A CI CURVE CONCAVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°07'2 FOR AN ARC DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY AND A POINT ON A LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID LOTS 9, 10, 11, 12, 13, 14, AND 15; THENCE RUN N87°35'49" E ALONG SAID LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 319.95 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 15; THENCE RUN S02°16'51" E ALONG SAID EASTERLY BOUNDARY OF SAID LOT 15, FOR A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE RUN S87°35'49" W ALONG SAID SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. Site 3: Brickell City Centre West PARCEL I: This submittal needs to he scheduled fora puboc hearing in accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mall ng body will revewihe Information at the pubic hearing to render rearnmendat on or a final decision. v� 4" EWCO Q PZ-22-14469 06/03/22 LOTS 1, 2, 3 IN BLOCK S3S, OF AMENDED PLAT BOOK 38A AND THE NORTH 1/2 OF BLOCK 53S CITY OF MIAMI, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOTS 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, AND 24, IN BLOCK 53S, OF MAP OF MIAMI-DADE COUNTY, FLORIDA; LESS THE SOUTH 10 FEET OF THE WEST 55 FEET OF SAID LOT 22 AND LESS THE SOUTH 10.00 FEET OF SAID LOTS 16,17, 19, 20, AND 21. LESS: THAT PORTION OF LOT 22, BLOCK 53S, OF THE MAP OF MIAMI-DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF S.W. 8TH STREET WITH THE WESTERLY RIGHT OF WAY OF S. MIAMI AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 87120-2513; THENCE RUN SOUTH 87°42'43" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF A CIRCULAR 63109793;1 4 G 0 4- PU$// CURVE CONCAVE TO THE NORTHWEST AND HAVING FOR ITS RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NOR EAST; THENCE RUN NORTHEASTERLY, NORTHER NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CUR LEFT, THROUGH A CENTRAL ANGLE OF 89°59'34" FOR A DISTANCE FEET TO THE POINT OF TANGENCY AND A POINT OF SAID WESTERL RIGHT OF WAY LINE; THENCE RUN SOUTH 02°16'51" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, NOTICE 1. This submittal needs to be scheduled fora public hearing In accord once 'nth timelines set forth in the City of Miami Code. The applicable decision -malting bodywill relewthe information at the public hearing to render a recommendation or a final decision. PZ-22-14469 06/03/22 44, v 6 4-view CO PER RIGHT OF WAY DEDICATION, RECORDED IN OFFICIAL RECORDS BOOK 12159, PAGE 482 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL II: THE EAST 50 FEET OF LOTS 10, 11, AND 12 IN BLOCK 53A, AMENDED PLAT OF BLOCKS 38A AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL III: THE EAST 50 FEET OF LOTS 13, 14, AND 15, BLOCK 53S, MAP OF MIAMI, DADE COUNTY, FLA., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE SOUTH 10 FEET THEREOF. Site 4: Brickell City Centre One BCC Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida; 63109793;1 LESS AND EXCEPT therefrom that part thereof conveyed to the City of and sidewalk purpose pursuant to that Warranty Deed recorded in Official 1790, Page 604, of the Public Records of Miami -Dade County, Florida, a particularly therein described as follows: Beginning at the Northeasterly corn This submittal needs to be scheduled fora puboc hearing in accordance wah tmelines set forth in the City of Miami Code. The applicable decision -malting body will reviewthe information at the punt hearing to render recommendation or a final decision. Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, oft e Public Records of Miami -Dade County, Florida; thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14; thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eastwardly, Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the Northerly line of said Lot 15; thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the Point of Beginning PZ-22-14469 06/03/22 Said lands situate, lying and being in Miami -Dade County, Florida. AND TOGETHER WITH: Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said portion being more particularly described as follows: BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for 10.61 feet to its intersection with the Northwesterly extension of the South Line of Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the POINT of BEGINNING. Site 5: Brickell City Centre N2 LOTS 1 THROUGH 7, IN BLOCK 108 SOUTH, OF S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 11810, PAGE 2274, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 63109793;1 PU$// -10 List of Addresses and Folio Numbers SAP Amendment One Brickell City Centre Address 799 Brickell Plaza 700 Brickell Avenue 710 Brickell Avenue Folio Number 01-0210-030-1230 01-0210-030-1180 01-0210-030-1310 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body ...AIL renew the Information at the public hearing to render s recommendation or a final decision. PZ-22-14469 �r 06/03/22 V keVI EW CO Q 61434119;1 PU$// PLANNING DEPARTMENT Brickell City Centre SAP 4rd Amendment ZONING DESIGNATION: T6-48B-O/ SAP NET DISTRICT: DOWNTOWN 04/13/2022 Attendees: Spencer Crowley (Akerman) Nicholas Barshel (Akerman) Daniel Goldberg (City of Miami) David Snow (City of Miami) Andrea Sandoval (City of Miami) Graham Jones (City of Miami) Collin Worth (City of Miami) Eileen Orta (Swire) George Wysong (Miami Police) Jordan Barges (Related) Rodrigo Bilbao (Swire) Swire/Akerman responses shown in red. 4 0 4- 4 A NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. 44, ''VIEW CO Q PZ-22-14469 06/03/22 Purpose of Meeting: Review of Proposed Text Amendments to BCC SAP (61599603;1). Request for floorplate square footage increase and public benefits modifications. Section 7.1.2.8, b. 3, states the following: Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. Therefore: I. BCC Regulating Plan Text Amendment — Per Miami 21 Section 7.1.2.8, b., 3. Regarding amendments to the Miami 21 Code (Appendix E), the City Manager will proceed as the applicant with the proposed amendment to the BCC SAP. Staff will coordinate with Swire/Akerman on the required documents needed for the application. This amendment is anticipated to be prepared for the May -June PZAB. II. Development Agreement Amendment — This will be submitted by the private property owner/applicant for staff review with the anticipation to be placed on the June City Commission. Items to discuss: 1. One BCC Alternate Concept: SF increase request is up to 471,428sf approximately. a. 10,000sf x 26 stories = 261,428sf b. 30,000sf x 7 stories = 290,000sf 2. Previously proposed underground parking, underground loading, and underground Metromover connection have been removed from One BCC Alternate Concept a. Since public benefits update will modify pedestrian connection from below and under Metromover station to above -grade and over Metromover station. Are there any new public CITY OF MIAMI Planning Department and O f f i c Ph: 305-416-1400 & 305-416.1499 444 SW 2'd Ave 3rd Floor & 4th Floor Miami, FL 33130 www.miamigov.com/zoning e o f Z o n i n g c. benefits due to the increase in Floor Area and design concessions? Potential public benefits. Also, originally the proposed active uses on SE 7th and SE 8th streets and imp of ground floor circulation were enabled by underground loading. If this is remo the impact to transit on SE 7th and 8th streets? Amendment is also requesting less requirements. Resilience and Public Works team indicated that updated site plan, driveways, access points, loading, maneuverability diagrams, and pedestrian circulation drawings are needed prior to approval of the SAP. The approach of this amendment is to allow for some flexibility on the floorplate. When the applicant applies to SAP permit approval a traffic study will be triggered. Collin Worth from Public Works mentioned he believes a traffic study will be needed now as part of the SAP amendment application. City of Miami staff to confirm. d. One BCC team will need to have this reviewed and approved prior to SAP amendment. This submittal needs to be scheduled for a puboc hearing In accordance wth timelines set forth in the City of Miami Ccde.The applica de decision -making bodywill renew the information at the public hearing to render a recommendation or a final decision. 3. Current Concept Book: Design Guidelines for One BCC Alternate Concept. Akerman explained that once they have a level of certainty from the City they we'll provide all documentation — as of now there is not an updated One BCC Alternate Concept design guidelines package available to review. a. Indicated loading is underground — diagram needs to be updated? b. 60,000sf floorplate above podium is not reflected c. Podium massing and opening at ground level (C2.24) conflicts with C2.97 i. Akerman and Swire team to further define One BCC Alternate Concept office typology, what type of tenant, use, increase of massing volume. The more and specific information they can provide to City of Miami staff the better. 4. The Climate Ribbon and any connection(s) spanning the Metromover between the BCC East and One BCC blocks have no Setback, and may encroach into R.O.W. Drawings have not been developed yet, waiting for application approval. a. Public Works to review Climate Ribbon encroachment into R.O.W. b. One BCC team will need an agreement with whoever the road owner is. 5. Sanitary and Sewer capacity concerns due to SF increase. Drawings have not been developed yet, waiting for application approval. 6. Rooftops concept design needs to be modified per One BCC Alternate Concept a. Will the amenity deck design intend change due to the floorplate increase to 60,000sf above podium? Drawings have not been developed yet, waiting for application approval. 7. Planning department has started to review proposed text amendment document. City of Miami to share working document with comments so far. a. Akerman explained that SF increase is only for Office space; however, text amendment includes Residential, Hotel for 40,000 sf. b. Parking Standards (T6) — what does base parking mean for the One BCC Alternate Concept? 8. What is the latest update on the temporary fire station? Public Works pending to clear comments, once the approved easement process is executed. By sometime in September of 2022, they will issue a building permit. 9. Timeline a. May PZAB 05/18/2022 — Deadline to Agenda (04/27/2022) b. June PZAB 06/01/2022 — Deadline to Agenda (05/11/2022) CITY OF MIAMI Planning Department and Office of Zoning Ph: 305-416-1400 & 305-416.1499 444 SW 2'd Ave 3rd Floor & 4th Floor Miami, FL 33130 www.miamigov.com/zoning 4 PU$// PLANNING DEPARTMENT Brickell City Centre SAP 4' Amendment ZONING DESIGNATION: T6-48B-O/ SAP NET DISTRICT: DOWNTOWN 04/20/2022 Attendees: Spencer Crowley (Akerman) Nicholas Barshel (Akerman) Daniel Goldberg (City of Miami) David Snow (City of Miami) Andrea Sandoval (City of Miami) Graham Jones (City of Miami) Collin Worth (City of Miami) Eileen Orta (Swire) George Wysong (Miami Police) Jordan Barges (Related) Rodrigo Bilbao (Swire) A NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. 44, ''VIEW CO Q PZ-22-14469 06/03/22 Purpose of Meeting: Review of Proposed Text Amendments to BCC SAP (61599603;1). Request for floorplate square footage increase and public benefits modifications. Section 7.1.2.8, b. 3, states the following: Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. Therefore: I. BCC Regulating Plan Text Amendment — Per Miami 21 Section 7.1.2.8, b., 3. Regarding amendments to the Miami 21 Code (Appendix E), the City Manager will proceed as the applicant with the proposed amendment to the BCC SAP. Staff will coordinate with Swire/Akerman on the required documents needed for the application. This amendment is anticipated to be prepared for the May -June PZAB. II. Development Agreement Amendment — This will be submitted by the private property owner/applicant for staff review with the anticipation to be placed on the June City Commission. Items to discuss: 1. Amendments history review: Ordinance # Date Purpose Traffic Study Design Guidelines Original 13279 7.28.2011 BCC SPA Yes Yes Amendment No. 1 13369 3.28.2013 Addition of N2 block Yes Yes Amendment No. 2 13441 3.27.2014 Addition of OneBCC block Yes Yes Amendment No. 3 13824 1.24.2019 Addition of SMA and AP blocks Yes Yes Amendment No. 4 Addition of SF, underground level modifications, public benefits update No No CITY OF MIAMI Planning Department and O f f i c Ph: 305-416-1400 & 305-416.1499 444 SW 2'd Ave 3rd Floor & 4th Floor Miami, FL 33130 www.miamigov.com/zoning e o f Z o n i n g 4 PU$// G 0 4- 4 2. Previously approved OneBCC — BCC SAP Statistics summary (2.5 million sf aprox. ONE BCC 2,593,638 RETAIL 65,267 OFFICE 674,833 RESIDENTIAL/RESID. VISITORS (256 Units) 690,276 HOTEL/ HOTEL VISITORS (120 GSTRMS) 286,029 LOADING/SERVICE/CIRCULATION 337,922 EXTERIOR WALLS (Non-FLR Accountable) 0 PARKING (Above Grade) 1.425 spaces 539,311 PARKING (Below Grade) N/A ONE BCC SUB -TOTAL not incl. Below Grade 2,593,638 ONE BCC SUB -TOTAL incl. Below Grade N/A 3. One BCC Alternate Concept: SF increase request is up to 471,428sf approximately. a. 10,000sf x 26 stories = 261,428sf b. 30,000sf x 7 stories = 290,000sf A NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the pabge hearing to render a recommendation or a final decision. 44, ''VIEW CO PZ-22-14469 06/03/22 4. Traffic Study a. OneBCC Traffic Study: "The approved One BCC development plan consists of 676,853 square -feet of office space, 66,915 square -feet of retail space, 256 high-rise residential units, and a 120-room hotel." b. OneBCC Traffic Study: "The project driveway connection provides two (2) entry gates: one (1) entry gate will serve the residential, office, and hotel uses and one (1) entry gate will serve the retail use." c. One BCC Alternate Concept: If the use (program) is changing, or there is an increase in SF then an updated traffic study is needed. d. Planning Director (Assistant Director of Planning) can decide if updated traffic study needs to be presented before or after PZAB. 5. Updated text amendments to the SAP regulation plan (4th amendment) a. City of Miami staff shared comments on 04.13.2022 b. New City of Miami staff comments o SAP 1.4. Specify why unprecedented global changes have impacted office development, market conditions, and/or design? o 5.6.2. Proposed maximum floor plate length of 400ft. Need to break up length similar to cross -block passage (M21 5.6.1.i.) If not possible, use maximum length 340ft. o Please explain loading berths reduction from seven (7) Industrial size loading berths and eight (8) Commercial size loading berths. To a maximum of six (6) loading berths. c. Request Word Document file of latest text amendment changes to Nic Barshel o Additionally, prepare a new document of only what is proposed to change. CITY OF MIAMI Planning Department and Office o f Zoning Ph: 305-416-1400 & 305-416.1499 444 SW 2'd Ave 3rd Floor & 4th Floor Miami, FL 33130 www.miamigov.com/zoning 4 0 PUBL., G 0 4- a. 6. Public benefits to review — previously proposed underground parking, underground underground Metromover connection have been removed from One BCC Alternate C a. Public Improvements affected by OneBCC Alternate Concept 14.2 million) i. Active uses on 7th and 8th Street and efficiency of ground level circulatio by underground loading (13.1 million) ii. Below Grade Connection Under Metromover Station (1.1 million) :."osa� NOTICE This subrneal needs to be scheduled fora public hearing In accord and Intl timelines set forth in the City of Miami Code. The applicable decision -mating body will review the Information at the public hearing to render a recommendation or a final decision. PZ-22-14469 9 06/03/22 ittft R� FVIEW C0 Under the standard Public Benefits Program, the required Trust Fund Payment for the One BCC tower would be approximately ($17.82/sf x 763,260 sf) $13.6 million* Public Improvements by BCC $19.2 million Public Improvements proposed by OneBCC $35.2 million Total Public Benefits $54.8 million *(see Akerman's statement of Public Benefits attached - dated 03/14) 7. Pending Items: a. On sheet C2.96 we request proposed floorplate dimensions to and from the podium; so that we can be able to study the appropriate maximum floorplate length. b. Any Related project examples with similar floorplates (60,000sf & 40,000sf) in urban areas context. 8. Timeline a. May PZAB 05/18/2022 — Deadline to Agenda (04/27/2022) b. June PZAB 06/01/2022 — Deadline to Agenda (05/11/2022) CITY OF MIAMI Planning Department and O f f i c Ph: 305-416-1400 & 305-416.1499 444 SW 2'd Ave 3rd Floor & 4th Floor Miami, FL 33130 www.miamigov.com/zoning e o f Z o n i n g t!i PUBL/ DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY CC all 03-05 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, permits prohibited, non- homestead properties", permits shall not be issued for a non -homes outstanding code enforcement violations, building violations, or any relevant city lien or invoice d City. Permits required to cure life safety issues, permits which are required to bring outstandin compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. G 0 a aC o.IN `s NOTICE This submittal needs to be scheduled for a public hearing In accordance wiH1 hmellnee set forth in the City of Miami Code. The applicxde decision -making bodywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-22-14469 06/03/22 vw ti !EW GO, Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. BRICKELL CITYCENTRE PROJECT LLC AND Name (title and name of entity as well, if applicable): 700 BRICKELL CITYCENTRE LLC Address/ City / State / Zip: 799 BRICKELL PLZ, 700-710 BRICKELL AVE, MIAMI, FL 33131 Phone No: 305-982-5538 Email: c/o: nicholas.barshel@akerman.com I, RODRIGO BILBAO OF SWIRE PROPERTIES hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. IN non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. 1 /24 /2v 22 Signature of the Property Owner Date } State of Florida } County of Miami -Dade Sworn to and subscribed before me by means of physical presence OR online notarizatio this 2 W day of JQnUa‘c 20 2..2_, by 'R0CXV:\ ‘OGC) Personally known or Produced Identification ( ) Type of Identification produced (SEAL) :.;i,i'p TAMARAYAKUBOVA . Notary Public - State of Florida 3 �/ Commission # GG 367707 ov A.; My Comm. Expires Aug 20, 2023 Bonded through National Notary Assn. Page 1 of 1 Department of Finance Online Payments Receipt Your Reference Number: 2022154002-152 06 / 03 / 2022 12:02:43 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here $4,250.0 2022154002-152-1 TRANS ID: 881430 BUSINESS NAME: COM Lien Search $4, 250. 0 FEE NAME: DEVELOPMENT AGREEMEN OR MODIFICATION OF DEV LOPMENT AGREEMENT TOTAL AMOUNT: $4,250.0O PAYMENT American Express Credit Sale CARD NUMBER: *********** 1 QQ7 $4,250.00 I . k1 -.. d....., iEfTWODITISO POPTerElhISITEP PAPP, DRAWING No 2012-183 FOR THIS SITP SDIEPEAWILNG No 2012 093 FOR THISSITP PAPP, DWG 2018010 ETA ET PAPP, DRAWING EhOiReri'lh5O4ITLE SITE LOCATION SKETCH SCALE: 1" = 300' LEGAL DESCRIPTION Le, tn,. EoWerir 5 Ord thereof 10W. or .P.ON TOT oNe,,,EIpiF=rir, Pe worded 3 ITAI Now pone 113, cr PrbIlr P:hirihhiZoF TOGETHER WITTir TOGETHER WITTir lEihe%Orh. Whs'Tele5oTtleht ZD"p'2,"°,41n t%=,:"=",?. tr°,:","0:"'" LpEuM:rrtoE'Zrwto"Zer,`,"1.'Z',..".',",Z7,7"::,•g",rv,V.",,'="14.:"Z",;W:s1"`„Tto°:14172,f,7g7 Fo'r",""e=7,7e,T.erZlIg="7FV,ZN°2-6=7g"4 OF GANT oceoWirg W Plot in.,. Tecorded ir WA Book TBT. W pope Ott 'reesOTPXcli rahretfri"ce clZeirn'CW Fohr"i'te h'e:Neho= ri"lh:sh:nhiChlr5eothlhneeirEsZryhegorrhiereglihs. t"WhOhaTChlh& Vi.'":".u" 25 Elh3::teeerie-„3„irghlh,Chrhehheh:O:chigth1:37e'eL1W;Cisp,hcliftech3teleliihAr.esrhieistewseihirtDereghlho,r4rly"leig'hhhho,l.egercteidechirlioyeli.,:thl'irhehe "uhr Sold Wo...313, 1.3 rot be. Probr-DoW Cog., Woo.. 5N„OGETHER eh 'he "est eeethhees or-Oicy Lbe of WE Le vr. L. or sow Lw Toor. 5oTE ror loop g Dte"erh:Zgeh ihretriZoTthIgSehMhglgihgeecere.learnirSeeefr lo,por Gpnce, wocc sow soui ch S"e'39.31""" 3'" "eh " ee" t1M1erl'In'f';:iftl-tr MTV! L'" 6 011136 UPDATE SiTRALA /17/001 RLL DAP 5 15.46 UPDATE WI.. J5/30/15) a O0430 LOCATED METRO -MOVER STATION PLATFORM GEM 3 OW. LOCATED TREES IN PETRO-NOV. STATION OEN 2 131107 ADDED TREE INDOWIATION GEM RESEDA Description EIGHT STREET STATION DETAIL (PLATFORM) SCALE:1" = 20' SURVEYOR'S NOTES LOT 2O7Vot" 5- heeetelee'eorgethee"W=D:u'Weereh" he" Lee"' heih'h ee"'e ""heheeh """ eha"he 'eh tliteoTTRPiis3t0.7oF5t:Ehistril20,051C97,-FCerOZ7evti tiohterh21°17T00:13hhhohrT iMeMED, WIW of Wow Gme. cnwe, ArPele II Serb. 54-58(0, - hohire-siTieehgerhglhtes'O"thiesnogltlIel:rhileetlehbeet&rehech7sirrtigr'"""h hhe" Aee'eh' ern ""eh E- eihos'ejielfg'!ii:dRdliFer'eoiietiehhe'ig'gehrri;o4Chhs'eirr''S;3'huhrgS:c:E'ci'hg'O4,7171thelseCOon'eehee!rihpgi"3„Th eehe"' - Polio No G 01 0210 030 1180, 01 0210 030 1310, 01 0210 030 1230. 8, 01 0210 030 1230, per Nicol -Dote CiourTy Properly Ppporseris Wets, SURVEYOR'S CERTIFICATION: TZ"t"::Le',"=7"4.'2"J'27.-Xs„""e,°: .tuhnrpprIX",Trs'%rVef."h "Z".,t°,==.`en.P.r= heP.Sg2r hh'i°27. Fh"he She"1". FORTIN, LEAVY, C'' LB.. Digitally signed by Daniel C Fortin DN: coUS, 54Florida, 2' .5. dnQualifier5401410D0000017F51B2 OrIDE001BDE6A, enoDaniel C Fortin ar: Date: 2022.04.21 09:25:20 -04'00' ,..„ NOTICE 024f.17,52.= PZ-22-14469 06/03/22 CRY OF MIAMI ePLAN SPACE VIM >— w CC 0 2 12 CL LU 'LC 0 (7) 0 0- Lt 0 1— 0 = 05 Pi >— z (:[ ,c) ° D 0 0 Prawn BY DWF/GPM Plotted 11.2212,1a FS STN EINEM 39. 2012-1.8 2008-116-P 62331 &FLD SAT RL Job No. 131107 033g. No. 2013-126 97 8805-039/01) 7th STREET' (STATE MA0199.90 -U.S. No.41 PER RN( MAP BROWN Ho. 99120-2313) ie REWE 'XIg0.;Ng 07, "' MONUMENT LINE OF FSE WA STREET PA LOTS LOT 6 4=. SOUTH RIOPPT-CF,W,AFTF, cLourRK .p.„ SE 7thwASTTER.EETNZZA.uMstM411TRAIL,,N .--L .CP_e_VM P00,110, MONUAI,ENT1511P.PEO: EFTPs / iSE WM1 STREET P WESTBOUND LANES - ONE-WW56,7" BLOCK 106A AMENDED AMP OF HRICKELL ADDITION RAT BOOK 16 PAGE 119 LOT 5 LOT 4 LOT 9 4 STORY PARKING GARAGE (WITH ROOF PARKING) 'EASTERN NATIONAL NR" MULTISTORY BUILDING FLOOR ELEW 10.74 LOT 9 FFLOOR ELEV. 10. 1 LOT 10 LOTII °Z7M, =,w,7NTELvozn-la."E 7 02 05 V/ Ld'485 6' 1,01PIP CPPP • .0" 5 LEVEL PARENG GARAGE (WITH BASEMENT PARKING) T°71,F0 ,, BUILDINVWN,22 453,50. LEVEL 2uNGREPAR AGAR 1015 OF BUILDING— ,11."P ETPV] E'PLAPLPV"' LOT 12 S77. 0344IP 87 x/E:al= 'SN'ETE 111, PCIP„P 6 211136 UPDATE SURVEY E1417/225 RLL 5 150546 UPDATE SUR," (5450/15) RLL GEM 4 140439 LOCATED METRO -MOVER STATION PLATFORM OEM 5 14043, LOCATED TREES IN METRO -MOVER STATION GEM 2 131107 ADDED TREE INFORMATION 6E. Revision Deseription GEM TRACT "A" NTERCAP SUBDILASION PLAT BOOK 111. PAGE 99 LNIDSCAPE ,57 Pg, con, MEI BLOCK 106A E(EED LIAP OF BRICKED. ADDINCLI PLAT BOOK B, PAGE 11 VACANT • LOT 14 L KNOW WHA BELO 1 L WAVE' 79hi mow. ()Pea w wore. vnnv.selleuneN1e.o9m SET NAIL& DISK LB3653 (1.617.62.2) 'PIL017P. ',r2TLE NOTICE '17352:fiTEZTIZ PZ-22-14469 06/03/22 ITV OF MIAMI GRAPHIC SCALE LAN SPACE V102 >- w cc 10 0 a_ L.LI < ° 0 5 0 88 - 0 o • Lu z CC 0 ° < a o D 10/9.613 Drawn By DWF/GEM Plotted 11.22 12,1a Re, p, CIMMAS SSA 0312-136 & 2008-116-E 523/51 &FLO SHT IEL Job No. 121107 OK& EA SO12-126 EXHIBIT "A" Addresses: 799 Brickell Plaza 700 Brickell Avenue 710 Brickell Avenue Folio Numbers: 01-0210-030-1230 01-0210-030-1180 01-0210-030-1310 Legal Description: Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for street and sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book 1790, Page 604, of the Public Records of Miami -Dade County, Florida, and being more particularly therein described as follows: Beginning at the Northeasterly corner of Lot 15, Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, of the Public Records of Miami -Dade County, Florida; thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14; thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eastwardly, Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the Northerly line of said Lot 15; thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the Point of Beginning. Said lands situate, lying and being in Miami -Dade County, Florida. 63917075;1 AND TOGETHER WITH: Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said portion being more particularly described as follows: BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for 10.61 feet to its intersection with the Northwesterly extension of the South Line of Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the POINT of BEGINNING. 63917075;1 ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Too Rltao 61 U3•No Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of hysical presence or 0 online notarization, this 2 1 oi') \n, 20 2'7- by 9-•Od+f \ BO d)t \ WC) (name of person acknowledging), who is personally known; to me or who has produced as identification. . i_` a AM..i. i i ,:14i.i;i; ,. TAMARA YAKUBOVA r?° • rsr'a Notary Public - State of Florida S;" o Commission # GG 367707 `•.'..''ov s,... My Comm. Expires Aug 20, 2023 Bonded thi ough National Nutai y Assn. aT' ITC--�� [Notary Sew-----� N y-�A Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 Name typed, printed or stained My Commission Expires: CYO w\ i Registered Lobbyists and Active Issues Crowley, iii, Thomas S. Address: 98 SE 7th Street Ste 1100 City : Miami State : FL Zip : 33131 Organization Telephone (305) 982- Fax: Email: spencer.crowley@akerman.com Principal Name Issue Description Annual Lobbyist Registration Fee Bayfront 2011 Property, Resorts World Miami Development LLC ESJ JI LEASEHOLD,LLC Land use entitlements for Jungle Island Hotel FDG Rail Holdings 25, LLC Special Area Plan Application GRE Coconut Grove LLC Land use and zoning matters for 3034 Grand Avenue, Miami FL 33133 Registration Amount Payment Comments Date 01/17/2020 $525.00 30026102 06/08/2011 $105.00 30008622 09/05/2019 $105.00 30025347 07/16/2013 $105.00 30012290 07/06/2017 $105.00 30020578 Jo Palma & Partners Corporation Development in Omni CRA MCD Miami LLC Magic city innovation district entitlement applications and all relevant land use and zoning matters. Show Management, an Miami Yacht Show lnforma Business Skyrise Miami, LLC SkyHigh Miami project at Bayside Marketplace Swire Properties/Stephens Land use and zoning for Brickell CitiCentre Owens 12/06/2018 01/11/2018 11/14/2018 04/14/2014 03/11/2011 $105.00 30023596 $105.00 30021585 $105.00 30023459 $105.00 30013937 $105.00 30008246 Page 83 of 416 Printed On 12/2/2020 4:51:06 PM Registered Lobbyists and Active Issues Kasdin, Neisen Address: One SE Third Ave., Ste. 2500 City : Miami State : FL Zip : 33131 Organization Akerman Senterfitt, P.A. Telephone 3053745600 Fax: Email: neisen.kasdin@akerman.com Principal Name Morning Dew, LLC Issue Description We are seeking to obtain approval for demolition and new construction for a new office/commercial use building; specifically, certificate of appropriateness from HEPB, approval from zoning and any other required documents. Oak Plaza Associates (Del), Land use and zoning for Design District LLC Registration Amount Payment Comments Date 11/03/2015 $105.00 30017498 09/09/2016 $105.00 30019131 Oak Plaza Associates, LLC We are seeking to obtain approval for demolition and new construction for a new office/commercial use building; specifically, certificate of appropriateness from HEPB, approval from zoning and any other required documents RS JZ 21 NE 39th, LLC Skyrise Miami, LLC Land use and zoning for Design District and Wynwood properties. SkyHigh Miami project at Bayside Marketplace 11/03/2015 07/15/2016 04/14/2014 $105.00 30017498 $105.00 301480 $105.00 30013937 Swire Properties/Stephens Owens Land use and zoning for Brickell CitiCentre 03/04/2011 $105.00 30008209 Page 218 of 416 Printed On 12/2/2020 4:51:06 PM AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared T. Spencer Crowley III, Esq. who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 8 including or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Rodrigo Bilbao, VP Swire Properties Inc. 98 Southeast 7th Street, Suite 500 Miami, FL 33131 Further Affiant sayeth not. T. Spencer Crowley III, Esq. Applicant(s) Name Printed Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 4 day of January 20 22 , by T. Spencer Crowley III, Esq. who is a(n) individual/partner/agent/corporation of Akerman LLP a(n) individual/partnership/corporation. He/She is ® personally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. (Stamp) Signature Rev. 10-18 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Rodrigo Middle Name: Last Name: Bilbao Home Address: Home Address Line 1: 98 SE 7 Street Ste.500 Home Address Line 2: City: Miami State: Florida Zip: FL, 33131 Contact Information: Home Phone Number: Cell Phone Number:917.656.7376 Fax Number: Email: rbilbao@swireprops.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: BRICKELL CITYCENTRE PROJECT LLC and 700 BRICKELL CITYCENTRE LLC Address Line 2: 98 Southeast Seventh Street Suite 500 Miami, Florida 33131 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. AMENDMENTS TO THE BRICKELL CITY CENTRE SPECIAL AREA PLAN (SAP) AND RELATED SAP DEVELOPMENT AGREEMENT Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: N/A • Phone Number of Person/Entity: NIA • Address of Person/Entity: N/A 2. Please describe the nature of the consideration N/A 3. Describe what is being requested in exchange for the consideration. N/A Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name ft c ot�C�o ?atUNAo Signature Sworn to and subscribed before me this ' 1 day of The foregoing instrument was acknowledged before me by who has produced did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: Cy;2s2012023 �anva r ROdtri , 20O2Z. .eil tb3c as identification and/or isCersonally knowto me and who TAMARA YAKUBOVA Notary Public - State of Florida Commission # GG 367707 `•o A�'' My Comm. Expires Aug 20, 2023 Bonded through National Notary Assn. Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) Brickell CityCentre Project LLC and 700 Brickell City Centre LLC Percentage of Ownership SEE ATTACHED FOR BOTH ENTITIES Subject Property Address(es) 799 Brickell Plaza 700 Brickell Avenue; 710 Brickell Avenue List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): BRICKELL CITYCENTRE PROJECT LLC 9 SE 6 ST (Folio: 01-0210-060-1300) Legal Description(s): REFER TO BRICKELL CITY CENTRE SPECIAL AREA PLAN (SAP), "BCC N2 BLOCK" T. Spencer Crowley III, Esq. Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 24th day of January 20 22 by T. Spencer Crowley III, Esq. who is a(n) individual/partner/agent/corporation of Akerman LLP a(n) individual/partnership/corporation. He/She is III personally known to me or 0 who has produced as identification and who 0 did ® did not take an oath. ot+wr�u p�.REZ�Ci14TA JAY COMMISSION # GG 1� ;- FiEs-J a. 202 Signature (Stamp) Rev. 10-18 CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP Project Name: Brickell City Centre - ONE BCC BLOCK Subject Property Address: 799 Brickell Plaza (Folio No. 01-0210-030-1230) Owner Name: Percentage Interest (%): Brickell CityCentre Project LLC, as Trustee under the provisions of that certain Land Trust Agreement dated as of July 10, 2012 and known as Trust Number BCC-2012 Swire Properties One LLC 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties One LLC Swire Properties Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties Inc Swire Properties US Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties US Inc Swire Properties Capital Management LLC 9700 Szombathely, Varkonyi utca 15. Hungary Swire Properties Capital Management LLC Swire Properties Limited 64/F, One Island East 18 Westlands Road Island East Hong Kong Swire Properties Limited Swire Pacific Limited (public -traded on Hong Kong Stock Exchange) 33/F, One Pacific Place 88 Queensway Hong Kong (GPO Box 1, Hong Kong) 100% 100% 100% 100% 100% 100% 61492773;1 CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP Project Name: Brickell City Centre - ONE BCC BLOCK Subject Property Address: 700 Brickell Ave. (Folio No. 01-0210-030-1180) 710 Brickell Ave. (Folio No. 01-0210-030-1310) Owner Name: Percentage Interest (%): 700 Brickell CityCentre LLC Swire Properties One LLC 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties One LLC Swire Properties Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties Inc Swire Properties US Inc 98 Southeast Seventh Street, Ste. 500 Miami, FL 33131 Swire Properties US Inc Swire Properties Capital Management LLC 9700 Szombathely, Varkonyi utca 15. Hungary Swire Properties Capital Management LLC Swire Properties Limited 64/F, One Island East 18 Westlands Road Island East Hong Kong Swire Properties Limited Swire Pacific Limited (public -traded on Hong Kong Stock Exchange) 33/F, One Pacific Place 88 Queensway Hong Kong (GPO Box 1, Hong Kong) 100% 100% 100% 100% 100% 100% 2 61492773;1 CITY OF MIAMI SPECIAL AREA PLAN APPLICATION DISCLOSURE OF OWNERSHIP Project Name: Brickell City Centre - ONE BCC BLOCK Subject Property Legal Description: Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for street and sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book 1790, Page 604, of the Public Records of Miami -Dade County, Florida, and being more particularly therein described as follows: Beginning at the Northeasterly corner of Lot 15, Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, of the Public Records of Miami -Dade County, Florida; thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14; thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eastwardly, Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the Northerly line of said Lot 15; thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the Point of Beginning. Said lands situate, lying and being in Miami -Dade County, Florida. AND TOGETHER WITH: Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said portion being more particularly described as follows: BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for 10.61 feet to its intersection with the Northwesterly extension of the South Line of Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the POINT of BEGINNING. 3 61492773;1 DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY CCil of � iam 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. BRICKELL CITYCENTRE PROJECT LLC AND Name (title and name of entity as well, if applicable): 700 BRICKELL CITYCENTRE LLC Address/ City / State / Zip: 799 BRICKELL PLZ, 700-710 BRICKELL AVE, MIAMI, FL 33131 Phone No: 305-982-5538 Email: c/o: nicholas.barshel@akerman.com I, RODRIGO BILBAO OF SWIRE PROPERTIES hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. IN non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. 1 /24 /2v 22 Signature of the Property Owner Date } State of Florida } County of Miami -Dade Sworn to and subscribed before me by means of physical presence OR online notarizatio this 2 W day of JQnUa‘c 20 2..2_, by V.-Mk\ ‘OGC) Personally known or Produced Identification ( ) Type of Identification produced (SEAL) :.;i,i'p TAMARAYAKUBOVA . Notary Public - State of Florida 3 �f Commission # GG 367707 ov A.; My Comm. Expires Aug 20, 2023 Bonded through National Notary Assn. Page 1 of 1 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 June 8, 2022 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 799 Brickell Plaza, Miami, FL 33131 (Folio: 01-0210-030-1230) 700 Brickell Avenue, Miami, FL 33131 (Folio: 01-0210-030-1180) 710 Brickell Avenue, Miami, FL 33131 (Folio: 01-0210-030-1310) Total number of labels: 73, including 1 international I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana@rdrmiami.com E-mail d rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 500' RADIUS MAP ki 799 Brickell Plaza, Miami, FL 33131 (Folio: 01-0210-030-1230) 700 Brickell Avenue, Miami, FL 33131 (Folio: 01-0210-030-1180) 710 Brickell Avenue, Miami, FL 33131 (Folio: 01-0210-030-1310) OWNER'S NAME(S) GP 500 LLC 500 BRICKELL CU LLC 500 BRICKELL CU LLC 500 BRICKELL CU LLC 500 BRICKELL EAST CONDO ASSOC., INC. C/O CARLOS MCGRATH, PRES. 500 BRICKELL MASTER ASSN INC C/O THE RELATED GROUP OF FL 500 BRICKELL RETAIL LLC 500 BRICKELL WEST CONDO ASSOC., INC. C/O ANDREW SCHIMMEL, PRES. 500 ENTERPRISES RETAIL LLC 500 ENTERPRISES RETAIL LLC 500 ENTERPRISES RETAIL LLC 500 ENTERPRISES RETAILS LLC 500 ENTERPRISES RETAILS LLC 500 ENTERPRISES RETAILS LLC 500 ENTERPRISES RETAILS LLC 500 ENTERPRISES RETAILS LLC 500 NET LLC 500 NET LLC 500 NET LLC 700 BRICKELL CITYCENTRE LLC 700 BRICKELL CITYCENTRE LLC 801 SMA DESIGNER SUITES CONDO ASSOC., INC. C/O CARLOS A. VELEZ, PRES. 801 SMA MASTER ASSN INC 801 SMA RESIDENCES CONDO ASSOC., INC. C/O MARIA WALL, PRES. ALLIANCE RE HOLDINGS LLC BCC PARKING LLC C/O SWIRE PROPERTIES BCC PARKING LLC SWIRE PROPERTIES BCC PARKING LLC SWIRE PROPERTIES BRICKELL CITY CENTRE RETAIL LLC SWIRE PROPERTIES BRICKELL CITY CENTRE RETAIL LLC SWIRE PROPERTIES BRICKELL CITY CENTRE RETAIL LLC SWIRE PROPERTIES BRICKELL CITYCENTRE PROJECT LLC C/O SWIRE PROPERTIES BRICKELL CITYCENTRE PROJECT LLC C/O SWIRE PROPERTIES BRICKELL FINANCIAL CENTRE LLC BRICKELL FINANCIAL CENTRE LLC BRICKELL FINANCIAL CENTRE LLC BRICKELL FINANCIAL CENTRE LLC BRICKELL FINANCIAL CENTRE LLC BRICKELL HOLDINGS III LLC BRICKELL HOLDINGS LLC CITY CENTER PROP LLC CITY OF MIAMI DGM PROPERTIES GROUP CORP DISA 1 LLC DREAMS ARE REAL LLC E MIAMI HOTEL OWNER LLC FIRST PRESBYTERIAN CHURCH LUX SMA RETAIL CORNER LLC MAROVA LLC MB VILLAGE OWNER LLC MIAMI DADE COUNTY MIAMI DADE TRANSIT MIAMI DADE COUNTY MIAMI DADE TRANSIT MY BRICKELL UNIT LLC MYBRICKELL CONDOMINIUM ASSOC., INC. C/O JORGE FELIU BARROS, PRES. NABA REALTY LLC NABA REALTY LLC PLAZA ON BRICKELL MASTER ASSN INC REACH CONDOMINIUM ASSOC., INC. C/O PHILLIP AMAN, PRES. RJR VACAVILLE LLC STORTFORD BRICKELL INC T C 701 BRICKELL LLC TAFACA I LLC TEACHERS INSURANCE & ANNUITY ASSOC OF AMERICA TEACHERS INSURANCE & ANNUITY ASSOC OF AMERICA THE PLAZA 851 BRICKELL CONDO ASSOC., INC. C/O PAUL STEINMYLLER, PRES. THE SHUL OF DOWNTOWN INC TOBACCO RD PROPS HOLDINGS LLC U S A - GSA FACILITY SUPP CTR ATT D SIMMONS US VI 3 BRICKELL LLC C/O NORTHWOOD INVESTORS LLC WATSON INVESTIGATIONS LLC WATSON INVESTIGATIONS LLC WATSON INVESTIGATIONS LLC WATSON INVESTIGATIONS LLC MAILING STREET ADDRESS AV BARLAT DE PERERA MUNOZ INNOVACIORES BARBARA NO 1407 75 SE 6 ST #101 75 SE 6 ST #202 75 SE 6 ST #202 55 SE 6 ST 315 S BISCAYNE BLVD 1110 BRICKELL AVE #505 55 SE 6 ST STE 1104 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 1110 BRICKELL AVE STE 407 5805 BLUE LAGOON DR STE 200 5805 BLUE LAGOON DR STE 200 5805 BLUE LAGOON DR STE 200 98 SE 7 ST STE 601 98 SE 7 ST STE 601 801 S MIAMI AVE 8200 NW 33 ST STE 300 801 S MIAMI AVE 777 BRICKELL AVE #615 98 SE 7 ST 601 98 SE 7 ST 601 98 SE 7 ST 601 98 SE 7 ST 601 98 SE 7 ST 601 98 SE 7 ST 601 501 BRICKELL KEY DR #600 501 BRICKELL KEY DR #600 600 BRICKELL AVE 2515 600 BRICKELL AVE 2515 600 BRICKELL AVE 2515 600 BRICKELL AVE 2515 600 BRICKELL AVE 2515 600 BRICKELL AVE STE 2515 600 BRICKELL AVE STE 2515 4955 SW 83 ST 444 SW 2 AVE 10TH FLR 304 INDIAN TRACE #615 70 SE 5 ST STE 108 75 SE 6 ST 201 55 MERCHANT ST STE 1500 609 BRICKELL AVE 18246 COLLINS AVE 55 SE 6 ST STE 206 3953 MAPLE AVE 300 701 NW 1 CT STE 1600 701 NW 1 CT STE 1700 3811 SW 107 AVE 31 SE 6 ST STE 101 347 5 AVE STE 300 347 5 AVE STE 300 315 SOUTH BISCAYNE BLVD 68 SE 6 ST 1180 S BEVERLY DR STE 700 848 BRICKELL AVE STE 700 730 3 AVE 1110 BRICKELL AVE #300 801 BRICKELL AVENUE STE 500 801 BRICKELL AVENUE STE 560 950 BRICKELL BAY DR 35 SE 9 ST 999 BRICKELL AVE PH 1101 77771 OAKLAND PK BLVD STE 121 2434 MAIN ST STE 202 4100 NE 2 AVE #307 4100 NE 2 AVE #307 4100 NE 2 AVE #307 4100 NE 2 AVE #307 CITY STATE ZIP CODE COUNTRY FOLIO NUMBER CARACAS VENEZUELA 0102100301509 MIAMI FL 33131 USA ' 0102100301511 MIAMI FL 33131 USA 0102100301513 MIAMI FL 33131 USA ' 0102100301514 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BRICKELL ADDN PB B-113 A PORT OF LOTS 1 THRU 8 BLK 1 C MARY BRICKELLS ADDN PB B-113 K/A 500 BRICKELL WEST CONDO LOT SIZE 24923 SQ FT OR 2; MARY BRICKELLS ADDN PB B-113 W 0.75FT N77 DEG W 18.50FT N12 DEG E 1.25FT N77 DEG W 1 500 BRICKELL WEST CONDO MARY BRICKELLS ADDN PB B-113 A PORT OF LOTS 1 THRU 8 BLK MARY BRICKELL ADDN PB B-113 N77 DEG W 3FT N12 DEG E 18.92FT S77 DEG E 1FT N12 DEG E MARY BRICKELL ADDN PB B-113 23.25FT S77 DEG E 20.92FT TO POB COMMERCIAL LOT SIZE 48 MARY BRICKELL ADDN PB B-113 N77 DEG W 1.50FT N12 DEG E 27FT S77 DEG E 1.50FT S12 DEC MARY BRICKELL ADDN PB B-113 DEG E 4.00FT N77 DEG W 1.00FT N12 DEG E 0.33FT S77 DEG E MARY BRICKELL ADD PB B-113 N12 DEG E 4.33FT S77 DEG E 25.50FT S12 DEG W 4.33FT S77 DE MARY BRICKELL ADDN PB B-113 W 2FT S77 DEG E 3.33FT S12 DEG W 25FT N77 DEG W 3.33FT E MARY BRICKELL ADDN PB B-113 N77 DEG W 2.00FT S12 DEG W 1.83FT N77 DEG W 5.17FT N12 C MARY BRICKELL ADDN PB B-113 1.00FT N77 DEG W 22.00FT N12 DEG E 1.25FT N77 DEG W 4.00F MARY BRICKELL ADDN PB B-113 W 12.75FT N77 DEG W 0.42FT S12 DEG W 2.50FT S77 DEG E 0.z MARY BRICKELL ADDN PB B-113 DEG E 44.01 FT S77 DEG E 26.50FT S12 DEG W 3.33FT S77 DEG MARY BRICKELL ADDN PB B-113 N12 DEG E 1.50FT N77 DEG W 4.83FT N12 DEG E 29.08FT S77 C MARY BRICKELL ADDN PB B-113 LOTS 1 THRU 4 & 12 & 13 BLK 106A LOT SIZE IRREGULAR COC MARY BRICKELLS ADDN PB B-113 LOTS 14 & 15 BLK 106-A LOT SIZE 138.000 X 145 OR 14840-862 801 SMA DESIGNER SUITES CONDO CITY OF MIAMI SOUTH PB B-41 A PORT OF W20FT OF LOTS CITY OF MIAMI SOUTH PB 4-41 IN CONDO DECL OR 29316-2083 NAU 01-4138-162 K/A 801 SMA DE 801 SMA RESIDENCES CONDO CITY OF MIAMI SOUTH PB B-41 A PORT OF W20FT OF LOTS 2 & NASHER SUB PB 117-90 S236.11FT OF TRACT A LOT SIZE 164661 SQ FT OR 20674-3846 0902 1 PATTERSON & OLIVE SUB PB B-77 DEG W 45.75FT TO POB AKA PARKING ELEMENT N1-1 LOT SI CITY OF MIAMI SOUTH PB B-41 S00 DEG W 220.83FT S89 DEG W 47.58FT TO POB AKA PARKING PATTERSON & OLIVE SUB PB B-77 W 6.17FT N89 DEG E 1.17FT N00 DEG E 11.74FT N89 DEG E 0 CITY OF MIAMI PB B-41 DEG E 29.49FT N89 DEG E 142.91FT S00 DEG W 20.09FT N90 DEG E 20.7! PATTERSON & OLIVE SUB PB B-77 S00 DEG W 5.69FT N90 DEG E 2.97FT S00 DEG E 93.05FT S89 PATTERSON & OLIVE SUB PB B-77 22.10FT S00 DEG W 8.63FT N90 DEG E 24.99FT S00 DEG W 2( MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWL PATTERSON & OLIVE SUB PB B-77 LOTS 1 THRU 7 BLK 108 LESS RD FOR R/W & BEG 19.62 FTW MARY BRICKELLS ADDN PB B-113 LOT 8 BLK 107 A LOTSIZE 7184 SQT FT OR 18361-1050 1198 2 MARY BRICKELLS ADDN PB B-113 LOT 9 BLK 107 A LOTSIZE 7184 SQT FT OR 14842-546 1290 1 C MARY BRICKELLS ADDN PB B-113 LOT 10 BLK 107 A LOT SIZE 8952 SQUARE FEET OR 18361-10E MARY BRICKELL ADDN PB B-113 N1.7FT OF LOTS 11 THRU 13 & N1.71FT PF W27.29FT OFLOT 14 MARY BRICKELLS ADDN PB B-113 LOT 6 & 7 & E22.71FT OF LOT 14 BLK 107 A LOT SIZE 17631 S( MARY BRICKELLS ADDN PB B-113 LOTS 11 THRU 13 LESS N1.71FT & LOT 14 LESS E22.71FT & N' MARY BRICKELLS ADDN PB B-113 LOTS 1 THRU 5 & 15 THRU 19 DESC BEG NE COR OF LOT 6 TE CITY OF MIAMI SOUTH PB B-41 LOTS 1 THRU 5 LESS ST & LESS ESFT OF LOT 1 FOR R/W BLK 5E BRICKELL POINT BRICKELL AVE TH S 76 DEG E 233.52FT NELY AD 116.46FT S 76 DEG E 284.60F MARY BRICKELL ADDN PB B-113 E 33.33FT S77 DEG E 0.83FT S12 DEG W 1.25FT S77 DEG E 1.5C MARY BRICKELL ADDN PB B-113 COR OF LOT 1 BLK 108A TH N53 DEG W 268.44FT FOR POB TH MARY BRICKELL ADDN PB B-113 TO POB COMMERCIAL LOT SIZE 887 SQ FT FAU 01 0210 030 15 PATTERSON & OLIVE SUB PB B-77 N00 DEG E 3.98FT N90 DEG E 10.99FT S00 DEG E 7.55FT S89 3.41 AC MARY BRICKELLS ADDN PB B-113 LOT 2 & RIPARIAN RIGHTS BLK 103 LOT SIZE 148540 ; CITY OF MIAMI SOUTH PB B-41 A PORT OF LOTS 8 & 9 BLK 55 AKA COMMERCIAL PARCEL 2 AS [ MARY BRICKELL ADDN PB B-113 DEG W 4.25FT N77 DEG W 3FT S12 DEG W 7.08FT N77 DEG W ' CITY OF MIAMI SOUTH PB B-41 LOTS 1 THRU 4 & LOT 5 LESS WSFT & NSOFT OF LOT 6 LESS W5 PATTERSON & OLIVE SUB 17.53FT TO POB BLK 107 LOT SIZE 14977 SQ FT M/L OR 14711-392 PB 01 54 41 .207 AC M/L TO POB FAU 01-3136 005 1050 PATTERSON & OLIVE SUB PB B-77 PORT OF MARY BRICKELL ASSN PB B-113 COMMERCIAL LOT SIZE 1489 SQ FT FAU 01 0210 030 1510 OR 2 MYBRICKELL CONDO MARY BRICKELL ADDN PB B-113 LOTS 9 THRU 11 BLK 108A LESS A PORT INTERCAP SUB PB 111-99 TRACT A LOT SIZE 85378 SQ FT OR 18750-4333 0899 2 (2) COC 22703- INTERCAP SUB PB 111-99 TRACT B LOT SIZE 1742 SQ FT OR 18750-4333 0899 2 (2) COC 22703-1 MARY BRICKELLS ADDN PB B-117 LOT SIZE 70889 SQ FT OR 23009-1456 012005 6 LOT 11 LESS f REACH CONDO PATTERSON & OLIVE SUB PB B-77 A PORT OF LOTS 1 THRU 6 & W 1/2 OF LOT 7 CITY OF MIAMI SOUTH PB B-41 A PORT OF LOTS 2 THRU 7 BLK 55 AKA COMMERCIAL PARCEL 1 MARY BRICKELLS ADDN PB B-113 LOTS 6 THRU 11 LESS E4.3FT OF S15FT OF LOT 9 & LESS E4. NASHER SUB PB 117-90 TRACT A LESS S236.11FT THEREOF LOT SIZE 167005 SQ FT OR 20835-z MARY BRICKELL ADDN PB B-113 DEG E 0.33FT S77 DEG E 0.75FT N12 DEG E 4FT N77 DEG W 0.E MARY BRICKELLS ADDN TO POB LOT SIZE 35209 SQ FT OR 20651-2200 0802 2 (2) PB B-113 POR MARY BRICKELLS ADDN PB B-113 PORT OF LOTS 8 & 9 & N39.30FT OF LOT 10 BLK 104 DESC BE THE PLAZA 851 BRICKELL CONDO MARY BRICKELL ADDN PB B-113 A PORT OF LOT 10 LESS N3' CITY OF MIAMI SOUTH PB B-41 LOT 11 & S0.43FT OF E48.01FT OF LOT 12 LESS EXT AREA OF Cl CITY OF MIAMI SOUTH PB 1-74 LOT 1 & LOTS 21 THRU 24 & LOTS 19 20 LESS R/W & PORT OF LC MARY BRICKELLS ADDN PB B-113 LOTS 14 THRU 20 & S30FT OF LOT 21 BLK 101 LOT SIZE 403.8 PATTERSON & OLIVE SUB PB B-77 DEG W 36.12FT N00 DEG W 22.33FT S89 DEG W 17.84FT N00 CITY OF MIAMI SOUTH PB B-41 ALL OF LOT 1 & LOT 2 & 3 LESS W68.95FT & N10FT FOR R/W BLIP CITY OF MIAMI SOUTH PB B-41 E48.89FT OF W68.95FT OF LOTS 2 & 3 LESS N10FT FOR R/W BLk CITY OF MIAMI SOUTH PB B-41 LOT 12 LESS NO.12FT OF E61.7FT & LESS S0.43FT OF E48.01FT E CITY OF MIAMI SOUTH PB B-41 LOT 13 & NO.12FT OF E61.70FT OF LOT 12 BLK 55 LOT SIZE IRRE ).83FT S12 DEG W 1.25FT S77 DEG E 1.50FT N12 DEG E 1.25FT S77 DEG E 18.50FT S12 DEG V ;352-3343 04 2008 1 COMMERCIAL LOT L1 AS PER MASTER COVENANTS OR 26352-3370 AKA OT M2 AS PER MASTER COVENANTS OR 26352-3370 AKA COMM AT A PT 10FT NWLY OF SE OT M3 AS PER MASTER COVENANTS OR 26352-3370 AKA COMM AT A PT 10FT NWLY OF SE )8A AS DESC IN DECL OR 26352-3628 LOT SIZE 14843 SQ FT FAU 01 0210 030 1500 THRU 156( 2184-2422 0404 2 LOTS 1 & 2 LESS E10FT & LESS EXT AREA OF CURVE IN NE & SE COR FOR 1.50FT S12 DEG W 1.25FT N77 DEG W 0.83FT N12 DEG E 33.33FT S77 DEG E 28.75FT TO POB 108-A AS DESC IN DECL OR 26352-3500 LOT SIZE 14966 SQ FT FAU 01 0210 030 1500 - 1560 4FT N77 DEG W 1FT N12 DEG E 0.33FT S77 DEG E 27FT TO POB COMMERCIAL LOT SIZE 796 2 SQ FT FAU 01 0210 030 1510 OR 26698-2924 12 2008 1 COMMERCIAL LOT F AS PER MASTEI W 0.25FT S77 DEG E 4.00FT N12 DEG E 0.25FT S77 DEG E 22.00FT S12 DEG W 1.00FT S77 D G E 1.50FT N12 DEG E 4.33FT S77 DEG E 20.83FT TO POB COMMERCIAL LOT SIZE 1164 SQ F 312 DEG W 2.00FT S77 DEG E 3.33FT S12 DEG W 21.96FT N77 DEG W 1.33FT S12 DEG W 2.501 )EG E 30.83FT S77 DEG E 1.50FT S12 DEG W 1.25FT S77 DEG E 4FT N 12 DEG E 1.25FT S77 D =T S12 DEG W 1.25FT N77 DEG W 1.50FT N12 DEG E 1.42FT N77 DEG W 4.83FT N12 DEG E 1.0 12FT S12 DEG W 26FT N77 DEG W 0.42FT S12 DEG W 4FT S77 DEG E 0.75FT S12 DEG W 0.331 E 2FT N12 DEG E 3.33FT S77 DEG E 6.20FT TO POB COMMERCIAL LOT SIZE 1936 SQ FT FAU )EG E 3.58FT N12 DEG E 1.67FT N77 DEG W 3.58FT N12 DEG E 13.25FT S77 DEG E 2.08FT S12 3 2 & 3 & ALL OF LOTS 4 THRU 9 BLK 55 AS DESC IN DECL OR 29316-2083 LOT SIZE 87083 SQ ESIGNER SUITE CONDO & LESS PORT DESC IN MASTER DECL OR 29216-0001 & AMEND OR 2 3 & ALL OF LOTS 4 THRU 9 BLK 55 AS DESC IN DECL OR 29216-0119 LOT SIZE 921724 SQFT A IZE 11606 SQ FT A PORT OF LOTS 7 & 15 BLK 107S DESC AS COMM AT SW COR OF BLK .36FT N00 DEG E 19.48FT N90 DEG W 0.52FT N00 DEG E 9.80FT N90 DEG E 9.80FT N90 DEG V 9FT N00 DEG E 7.96FT N90 DEG E 29.57FT S00 DEG E 14.73FT N90 DEG W 46.84FT S00 DEG V 1 DEG W 50.09FT S00 DEG E 23.26FT N89 DEG E 10.48FT N00 DEG E 16.32FT N89 DEG E 15.51 ).22FT N90 DEG E 45.99FT S00 DEG W 10.18FT N90 DEG W 13.37FT S00 DEG W 26.96FT N90 C Y COR OF LOT 9 TH N10FT E10.61 FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940., & .19 FTN OF SE COR OF LOT 2 TH S 87 DEG W 55.16 FT NWLY AD 25.09FT N 02 DEG W 17.4 S 12 DEG W 287.36FT S 76 DEG E 258.50FT NELY AD 39.73FT N 14 DEG E 263.86FT N 76 DE( T S 08 DEG W 20.06FT N 76 DEG W 286.23FT N 63 DEG W 45.61FT N 77 DEG W 10.49FT S 57 )FT N 12 DEG E 1.25FT S77 DEG E 18.50FT S12 DEG W 0.75FT S77 DEG E 7.92FT TO POB S12 DEG W 4.33FT N77 DEG W 25.33FT N12 DEG E 4FT N77 DEG W 0.17FT N12 DEG E 0.33FT DEG W 2.69FT S00 DEG W 30.28FT N90 DEG W 25.83FT S00 DEG W 37.82FT S89 DEG W 120.1 14.96FT N12 DEG E 0.83FT N77 DEG W 9.17FT N12 DEG E 16.08FT N77 DEG W 6.17FT S12 DEC FT & ALL OF LOT 9 & LESS EXT AREA OF CURVE IN NW & NE COR FOR R/W BLK 72 LOT SIZE 6681-3008 12 2008 1 COMMERCIAL LOT M1 AS PER MASTER COVENANTS OR 26352-3370 AK/ J39.30FT & LOTS 11 THRU 13 LYG W OF SE BAYSHORE DR BLK 104 LESS PORT DESC IN COI' ' & ALL OF LOTS 9 THRU 14 LESS EXT AREA OF CURVE IN SW COR & NW COR FOR R/W BLK i7FTN12DEG E26FTS77DEG E0.67FTN12DEG E2.50FTN77DEG W0.67FTN12DEG E12.: 9.30FT & LOTS 11 THRU 13 LYG W SE BAYSHORE DR BLK 104 AS DESC IN DECL OR 26287-01 )T 18 DESC BEG SE COR LOT 18 TH W50.01FT N90.55FT N 55 DEG E 18.32FT NE40.83FT S122 DEG W 27.11 FT N89 DEG E 2.86FT N00 DEG W 6.67FT TO POB AKA THREE BCC OFFICE ELEP 3LK 55 LOT SIZE IRREGULAR OR 18978-4697 THRU 4703 0100 1 COC 22911-2522 12 2004 6 :3 W 290FT TO POB LESS EXT AREA OF CURVE Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Eileen Orta 98 SE 7 Street Miami FL 33131 City of Miami Property Search Notice 06/13/2022 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 06/13/2022. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-0210-030-1310 Property Address: 710 BRICKELL AV Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 14 & 15 BLK 106-A LOT SIZE 138.000 X 145 OR 14840-863-868 1290 5 Amount Payable On: 06/12/2022 to 07/13/2022 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1310 Property Address: 710 BRICKELL AV Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 14 & 15 BLK 106-A LOT SIZE 138.000 X 145 OR 14840-863-868 1290 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1310 Property Address: 710 BRICKELL AV Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 14 & 15 BLK 106-A LOT SIZE 138.000 X 145 OR 14840-863-868 1290 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-0210-030-1310 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Eileen Orta 98 SE 7 Street Miami FL 33131 City of Miami Property Search Notice 06/13/2022 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 06/13/2022. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-0210-030-1180 Property Address: 700 BRICKELL AV Legal Description: MARY BRICKELL ADDN PB B-113 LOTS 1 THRU 4 & 12 & 13 BLK 106A LOT SIZE IRREGULAR COC 24675-1472 06 2006 5 Amount Payable On: 06/12/2022 to 07/13/2022 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1180 Property Address: 700 BRICKELL AV Legal Description: MARY BRICKELL ADDN PB B-113 LOTS 1 THRU 4 & 12 & 13 BLK 106A LOT SIZE IRREGULAR COC 24675-1472 06 2006 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1180 Property Address: 700 BRICKELL AV Legal Description: MARY BRICKELL ADDN PB B-113 LOTS 1 THRU 4 & 12 & 13 BLK 106A LOT SIZE IRREGULAR COC 24675-1472 06 2006 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-0210-030-1180 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 7 Eileen Orta 98 SE 7 Street Miami FL 33131 City of Miami Property Search Notice 06/13/2022 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 06/13/2022. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N1OFT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Amount Payable On: 06/12/2022 to 07/13/2022 2,352.28 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 7 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N10FT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address US1008340 (BB2021008340) AL17-Building Department /Demolition L 799 BRICKELL PLZ Contact: Contact Unsafe Structure at 305-416-1112 or 305-416-1109 or 305-416-1142 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 7 City of Miami Eileen Orta 98 SE 7 Street Miami FL 33131 06/13/2022 Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N10FT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Invoice Customer No. 9421146 96791 9364954 96791 4018242 141400 4014014 58477 4009293 58477 4007047 58477 4004569 58477 4011599 58477 785836 53579 907131 53913 Property Search Findings - Open Invoices Lien No. Description Amount Due Certificate of Use/Fire Safety P 519.39 Certificate of Use/Fire Safety P 519.39 Hydraulic Passenger Elevator 283.50 High Pressure Boiler 168.50 High Pressure Boiler 168.50 High Pressure Boiler 168.50 High Pressure Boiler 168.50 High Pressure Boiler 168.50 Burglar Alarm False Alarm Fee 161.00 Burglar Alarm Permit Renewal 26.50 Sub -Total $ 2,352.28 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 7 Violations Detail Report Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: Unsafestructures@miamigov.com System CityView Case Number BB2021008340 Case Status Open Violation Desc Failure to obtain the required 40-50-Year Recertification Process Violation Status Open Code Section Inspector RRamos Violation Date 30-APR-2021 Date Issued 30-APR-2021 Ticket Number Date Compliance Due 20-AUG-2021 Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: (305) 416-2087 System CODECHECK Case Number 00014594 Case Status Open Violation Desc 2110 - No certificate of Use Violation Status Not Complied Code Section Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Inspector Chpierre Violation Date 02-JUN-2022 Date Issued 02-JUN-2022 Ticket Number Date Compliance Due 16-JUN-2022 Page 5 of 7 Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: (305) 416-2087 System CODECHECK Case Number 00014594 Case Status Open Violation Desc 2151 - Failure to obtain a business tax receipt for the type of business conduct Violation Status Not Complied Code Section City Code Chapter 31 Inspector Chpierre Violation Date 02-JUN-2022 Date Issued 02-JUN-2022 Ticket Number Date Compliance Due 16-JUN-2022 Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: (305) 416-2087 System CODECHECK Case Number 00014594 Case Status Open Violation Desc 2230 - Use not allowed in zoning district (Transect Zone) Violation Status Not Complied Code Section Miami 21 Art.1 Sec.1 (1.1) & Art. 4 Tbl. 3 & 4 Inspector Chpierre Violation Date 02-JUN-2022 Date Issued 02-JUN-2022 Ticket Number Date Compliance Due 16-JUN-2022 Page 6 of 7 Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: (305) 416-2087 System CODECHECK Case Number 00014594 Case Status Open Violation Desc 2104 - WORK PERFORMED WITHOUT A FINALIZED PERMIT Violation Status Not Complied Code Section City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2 Inspector Chpierre Violation Date 02-JUN-2022 Date Issued 02-JUN-2022 Ticket Number Date Compliance Due 16-JUN-2022 Page 7 of 7 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Nicholas James Barshel 98 SE 7 ST SUITE 1100 MIAMI FL 33131 City of Miami Property Search Notice 06/27/2022 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 06/27/2022. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N1OFT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Amount Payable On: 06/26/2022 to 07/27/2022 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Nicholas James Barshel 98 SE 7 ST SUITE 1100 MIAMI FL 33131 06/27/2022 Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N10FT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address US1008340 (BB2021008340) AL17-Building Department /Demolition L 799 BRICKELL PLZ Contact: Contact Unsafe Structure at 305-416-1112 or 305-416-1109 or 305-416-1142 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Nicholas James Barshel 98 SE 7 ST SUITE 1100 MIAMI FL 33131 06/27/2022 Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Legal Description: MARY BRICKELLS ADDN PB B-113 LOTS 5-6-8- 8 1/2 & LOTS 9 THRU 11 BLK 106A LESS BEG SWLY COR OF LOT 9 TH N10FT E10.61FT S 74 DEG E37.80FT W 47.08FT TO POB LOT SIZE 55940.4 SQ FT M/L OR 16081-3003 0993 2 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Violation: - Folio Number: 01-0210-030-1230 Property Address: 799 BRICKELL PLZ Contact: Unsafestructures@miamigov.com System CityView Case Number BB2021008340 Case Status Open Violation Desc Failure to obtain the required 40-50-Year Recertification Process Violation Status Open Code Section Inspector RRamos Violation Date 30-APR-2021 Date Issued 30-APR-2021 Ticket Number Date Compliance Due 20-AUG-2021 Page 5 of 5 Lee, Erica From: Medina, Anna Sent: Tuesday, July 12, 2022 2:23 PM To: Snow, David Cc: Marrero, Asael; Torres III, Luis; Hull, Lakisha; Sandoval, Andrea; Lee, Erica Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza Hi David, Yes, they were reactivated on June 28th E Pian Review Results: BD21-02 0816-O01 (799 B RIC KE LL P LZ General I Ran History Review Status F i ii Ti ITI e i ne '... V kr rlk Items ,A O R Requests History Created Gin Fequesi Type Request fi irea }Pr'}rirr, Fin el 13I-•rw A Ails=liner Thank you, Anna M. Medina Assistant to the Director Building Department 444 SW. 2 Avenue, 4th Floor Miami, FL 33130 Phone: (305) 416-1101 Email: amedina@miamigov.com E-plan Training video Training Video E-plan Info plus Instructions For E-plan info and instructions 1 * :LE I[P=h11111 le' liril t From: Snow, David <dsnow@miamigov.com> Sent: Tuesday, July 12, 2022 2:04 PM To: Medina, Anna <Amedina@miamigov.com>; Torres III, Luis <LTorreslll@miamigov.com> Cc: Marrero, Asael <AMarrero@miamigov.com>; Lee, Erica <ELee@miamigov.com>; Sandoval, Andrea <AndreaSandoval@miamigov.com>; Hull, Lakisha <LHull@miamigov.com> Subject: FW: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza Anna/Luis, Can Building confirm BD21-020816-001 has been reactivated?? We need to have this confirmation to waive the 40/50 certification violation for Public Hearing. This is for City Commission on July 28tn Thanks, ski nni. David Snow • Assistant Director ▪ Planning Department 444 SW 2nd Avenue, 3rd Floor Office: 305-416-1474 Email: dsnow@miamigov.com Visit us at www.miamigov.com/planning. From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Tuesday, July 12, 2022 1:38 PM To: Snow, David <dsnow@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Lee, Erica <ELee@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes, we have an active process number for the 40/50 year recert. It is BD21-020816-001 Nicholas Barshel Associate Akerman LLP 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Snow, David <dsnow@miamigov.com> Sent: Tuesday, July 12, 2022 11:06 AM To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Lee, Erica <ELee@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza [External to Akerman] 2 Nick, Circling back on this. Do you have a process number regarding the 40/50 reactivation?? We need to confirm with Building this has been completed. Thanks, David Snow Assistant Director Planning Department 444 SW 2nd Avenue, 3rd Floor Office: 305-416-1474 Email: dsnow@miamigov.com Visit us at www.miamigov.com/planning. From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Tuesday, June 28, 2022 2:10 PM To: Snow, David <dsnow@miamigov.com>; Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami- police.org>; spencer.crowley@akerman.com; Torres III, Luis <LTorreslll@miamigov.com>; Marrero, Asael <AMarrero@miamigov.com>; Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com>; Agenda Office-DL <AgendaOffice- DL@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. David, the 40/50 year re-cert process number was just reactivated. We would like to proceed to the next possible meeting date on that basis. Thanks. Nicholas Barshel Associate Akerman LLP 1 98 Southeast Seventh Street, Suite 1100 1 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Snow, David <dsnow@miamigov.com> Sent: Tuesday, June 28, 2022 1:41 PM To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com>; Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami- police.org>; Crowley, Spencer (Ptnr-Mia) <spencer.crowley@akerman.com>; Torres III, Luis <LTorreslll@miamigov.com>; Marrero, Asael <AMarrero@miamigov.com>; Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com>; Agenda Office-DL <AgendaOffice-DL@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza 3 [External to Akerman] Nick, Thank you for the update. At this time the deadline for the July 14th CC meeting has passed. The following items will need to be scheduled for the next available CC agenda below: July 28, 2022 — Approval by Manager Required Or September 8, 2022 — Standard Agenda Timeline File ID 12008 — BCC SAP Text Amendment File ID 12064 — BCC Development Agreement Amendment Once you have completed the reactivation process for the 40/50 re -certification we can proceed to the available meeting date. Please contact me if you have any questions or concerns. Thanks, L, r+1 �z David Snow ▪ Assistant Director ▪ Planning Department n !I 444 SW 2nd Avenue, 3rd Floor 0 Office: 305-416-1474 R Email: dsnow@miamigov.com Visit us at www.miamigov.com/planning. From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Tuesday, June 28, 2022 11:33 AM To: Snow, David <dsnow@miamigov.com>; Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami- police.org>; spencer.crowley@akerman.com; Torres III, Luis <LTorreslll@miamigov.com>; Marrero, Asael <AMarrero@miamigov.com>; Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello David, Swire has applied for the 40/50 year re -certification of the existing building. We have an existing process number (BD21-020816-001), but Building must reactivate the application before we can upload the most recent recertification reports. Swire requested the process # reactivation this morning, and was told by Building that it would take two days. We are trying to see how we can expedite this reactivation to get in today if possible. As soon as this is complete, Swire will upload the current structural and electrical re -certification reports to ePlan. Thank you. 4 Nicholas Barshel Associate Akerman LLP 1 98 Southeast Seventh Street, Suite 1100 1 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Snow, David <dsnow@miamigov.com> Sent: Tuesday, June 28, 2022 10:06 AM To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com>; Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami- police.org>; Crowley, Spencer (Ptnr-Mia) <spencer.crowley@akerman.com>; Torres III, Luis <LTorreslll@miamigov.com>; Marrero, Asael <AMarrero@miamigov.com>; Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza [External to Akerman] Nicholas/Spencer, Building has indicated that the 40/50 recertification violation has not been resolved at this time. Building provided the following options to resolve the violation: 1. Apply for the 40/50 re -certification of the existing building, or 2. Apply for a demolition permit for the existing building. Applicant needs to complete one of the options before this item can proceeded for hearing. Please let me know if you have any questions. Thanks, David Snow Assistant Director Planning Department 444 SW 2nd Avenue, 3rd Floor Office: 305-416-1474 Email: dsnow@miamigov.com Visit us at www.miamigov.com/planning. From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Monday, June 27, 2022 12:12 PM To: Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Snow, David <dsnow@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; 5 Wysong, George- Police <GWysong@miami-police.org>; spencer.crowley@akerman.com Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, I wanted to follow up on the below to provide an updated code/lien search. This reflects #1 and #2 below have been complied, as (1) there are no monies due, and (2) there is no open code enforcement case. Please confirm that we can proceed with the scheduling of the hearing on this basis. Thank you, Nicholas Barshel Associate Akerman LLP 1 98 Southeast Seventh Street, Suite 1100 1 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Lee, Erica <ELee@miamigov.com> Sent: Friday, June 17, 2022 7:34 AM To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Snow, David <dsnow@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami-police.org>; Crowley, Spencer (Ptnr-Mia) <spencer.crowley@akerman.com> Subject: FW: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza [External to Akerman] Good day, 1) Open Invoices. We would need a lien search reflecting no monies dues, however, it may be best not to complete the lien search until the code violation (00014594) is closed. 2) Code Enforcement Violations. I checked this morning and Case #00014594 is still open in CodeCheck. Let us know once the Inspector has confirmed the violation is corrected and the case has been closed. I am unable to use the attached email as confirmation. 3) Unsafe Structures Violation. I will reach out to Planning Leadership for further guidance regarding whether this Development Agreement application cures the outstanding violation. Respectfully, ERICA LEE, MSW, MPA Hearing Boards Coordinator Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130 Phone: (305) 416-2031 Email: eleeamiamigov.com For Hearing Boards -related inquiries visit us online For E-Plan Info: enterpriseprojectsamiamigov.com For Planning ePlan inquiries: eplanpzc miamigov.com 6 ePLAN {97Y Q! Yu4Fis Useful Links To learn more about All Things ePlan, visit our website here. Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training video. Hearing Boards Office Permitting Forms & Documents Request a Hearing for a Planning or Zoning Application From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Thursday, June 16, 2022 5:13 PM To: Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Snow, David <dsnow@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWysong@miami-police.org>; spencer.crowley@akerman.com Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, we are working on clearing the code violations and paid the invoices for the parcel at 799 BRICKELL PLZ that each appeared this week when we ran an updated search. See below for status of each item that appeared on the new report: 1) Open Invoices. The total amount of $ 2,352.28 was paid today to clear all open invoices. See attached receipt for confirmation. 2) Code Enforcement Violations. There are four new code enforcement violations under Case #00014594 on this report that each relate to a trailer for Krewe Eyewear previously parked here. As of today, the trailer was removed. We notified Inspector Pierre earlier today and asked him to close the case on this basis (see attached request). 3) Unsafe Structures Violation. The existing building on this site was engaged in the 40/50 year recertification process to clear violation #BB2021008340 with Unsafe Structures. However, the purpose of this application is to authorize redevelopment of this parcel, and the existing structure will be demolished. Pursuant to Miami 21 7.1.3.7, an approval may be issued if the subject of the application would cure the outstanding violation. Because the subject of this application will require demolishing the existing building, no 40/50 year recertification should be required and we are requesting to proceed to City Commission on this basis. Thus, our understanding is that the only remaining open item is the 40/50 year recertification process. Can you please let us know if we can proceed due to the cited provision in Miami 21. Thanks, Nicholas Barshel Associate Akerman LLP 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Lee, Erica <ELee@miamigov.com> Sent: Thursday, June 16, 2022 9:02 AM 7 To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Hull, Lakisha <LHull@miamigov.com>; Snow, David <dsnow@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; Wysong, George- Police <GWvsong@miami-police.org> Subject: RE: PZ-22-14469 Development Agreement - 700 Brickell Avenue, 710 Brickell Avenue, 799 Brickell Plaza [External to Akerman] Good day Applicant Representative, HB-13 was signed indicating no monies owed to the city and no open code violation. However, HB-17 (page 12-17) reflects open invoices and open code violations. Please remit payment of open invoices and reach out to issuing inspector to address open code violations. Project may not be scheduled for hearing. Respectfully, ePLAN Ci tOrr.h- Useful Links ERICA LEE, MSW, MPA Hearing Boards Coordinator Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130 Phone: (305) 416-2031 Email: eleeamiamigov.com For Hearing Boards -related inquiries visit us online For E-Plan Info: enterpriseprojectsamiamigov.com For Planning ePlan inquiries: eplanpzamiamigov.com To learn more about All Things ePlan, visit our website here. Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training video. Hearing Boards Office Permitting Forms & Documents Request a Hearing for a Planning or Zoning Application From: nicholas.barshel@akerman.com <nicholas.barshel@akerman.com> Sent: Wednesday, June 15, 2022 1:42 PM To: Lee, Erica <ELee@miamigov.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 BRICKELL AV CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 8 Hello, confirming that the hearing boards invoice has been paid and receipt uploaded to quick review folder. Please let me know if you require anything further to process this application. Thanks, Nicholas Barshel Associate Akerman LLP 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 D: 305 982 5538 nicholas.barshel@akerman.com From: Lee, Erica <ELee@miamigov.com> Sent: Monday, June 13, 2022 4:55 PM To: Barshel, Nicholas (Assoc-Mia) <nicholas.barshel@akerman.com> Cc: Sandoval, Andrea <AndreaSandoval@miamigov.com>; Zamora, Olga <OZamora@miamigov.com> Subject: RE: PZ-22-14469 Development Agreement - 700 BRICKELL AV [External to Akerman] Good day, Pursuant to 62-22 you were invoice 50% of the fee by Planning staff. Full cost of Development Agreement or Modification of Development Agreement is $8,500. The additional 50% is invoiced by Hearing Board. Please let me know if you have additional questions. Development Agreement or Modification of Development Agreemer Respectfully, ePLAN ERICA LEE, MSW, MPA Hearing Boards Coordinator Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130 Phone: (305) 416-2031 Email: elee@miamigov.com For Hearing Boards -related inquiries visit us online For E-Plan Info: enterpriseproiects@miamigov.com For Planning ePlan inquiries: eplanpz@miamigov.com To learn more about All Things ePlan, visit our website here. Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training video. DID YOU KNOW?: Constituents now have an easy and convenient option to request certain hearings online! Visit https://www.miamiqov.com/Home. There, constituents can request (1) Extension of Time hearings, (2) Mitigation hearings, (3) Conditional Mitigation hearings, and (4) Ticket Appeal hearings. You can use the search tool to locate your desired service. Other Useful Links 9 Barshel, Nicholas (Assoc-Mia) From: ipayment@corebt.com Sent: Wednesday, June 15, 2022 1:03 PM To: Angulo, Natalie (HY) Subject: Payment Confirmation: 2022166001-212 TRANSACTIONS Department of Finance Online Payments Receipt Your Reference Number: 2022166001-212 06/15/2022 1:01:07 PM Web_user If you have a Transaction ID, please click here 2022166001-212-1 Trans ID: 884672 Business Name: COM $8,132.00 Lien Search $4,250.00 Fee Name: DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT Lien Search $3,000.00 Fee Name: PUBLIC HEARING - ADVERTISING Lien Search $666.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS Lien Search $9.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT Lien Search $207.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS PAYMENT TOTAL AMOUNT:$8,132.00 1 ECheck $8,132.00 First Name: OBCC RS HOLDING ZIP: 10001 2 (nig of MUTT BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 884672 Transaction Date: Jun 13 2022 3:38PM Permit Number: PZ2214469 FEE SUMMARY Nicholas Barshel Development Agreement - 7 BRICKELL AV (305)982-5538 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-381 DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT 0.0000 N/A $4,250.00 HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 2.0000 UNITS $3,000.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 148.0000 NGH X HRGS $666.00 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 2.0000 UNITS $9.00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS 46.0000 NGH X HRGS $207.00 Total : $8,132.00 Rev. Jul/02/2012 Generated on Jun/13/2022 3:38 PM BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 881430 Transaction Date: Jun 1 2022 3:33PM Permit Number: PZ2214469 FEE SUMMARY Spencer Crowley 700 Brickell AVE spencer.crowley@akerman.com (305)982-5549 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-382 DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT 0.0000 N/A $4,250.00 Total: $4,250.00 Rev. Jul/02/2012 Generated on Jun/01/2022 3:33 PM Department of Finance Online Payments Receipt Your Reference Number: 2022154002-152 06 / 03 / 2022 12:02:43 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2022154002-152-1 TRANS ID: 881430 BUSINESS NAME: COM Lien Search $4,250.0 $4,250.0 FEE NAME: DEVELOPMENT AGREEMEN OR MODIFICATION OF DEV LOPMENT AGREEMENT TOTAL AMOUNT: $4,250.0 PAYMENT American Express Credit Sale C *********** 1007 $4,250.00 T hI akerman May 9, 2022 David Snow, Assistant Director of Planning City of Miami Planning Department 444 SW 2nd Avenue Miami, FL 33130 Spencer Crowley Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 D: 305 982 5549 spencer.crowley@akerman.com RE: Letter of Intent to Modify Development Agreement — Brickell City Centre SAP Special Appearance Application File #PZ-22-14469 Dear David, As you know, this firm represents Swire Properties ("Swire") and its affiliates in matters regarding development of Brickell City Centre, the first phase of which is complete. The City has approved several development orders related to Brickell City Centre, most notably the Brickell City Centre Special Area Plan ("SAP") in July 2011, an amendment to the SAP in March of 2013 to add the "BCC N2" block, a second amendment to the SAP in March 2014 to add the "One BCC" block, and a third amendment to the SAP in January 2019 to add the "650 SMA" and "AP" blocks. As you also know, the City is preparing legislation for a fourth amendment to the Brickell City Centre SAP. That text amendment legislation does not propose to change the underlying land use or zoning designations of any properties, nor does it propose to expand the boundaries of the SAP. Rather, it will modify governing SAP regulations and design guidelines for the "One BCC" project to facilitate the redevelopment of that block. In conjunction with that text amendment, Swire must request to modify certain provisions of the companion development agreement for One BCC. A. Property Overview The subject property is located at 700-710 Brickell Avenue and 799 Brickell Plaza (collectively, the "Property").1 The Property is 123,278 square feet in total size (2.83 acres) and 1The corresponding Miami -Dade County Property Appraiser tax folio numbers for the Property are: 01-0210-030-1180; 01-0210-030-1310; and 01-0210-030-1230. 63409767;1 May 9, 2022 Page 2 occupies the entire block between SE 8th Street and SE 7th Street to the north/south, and between Brickell Avenue and the MetroMover right-of-way to the east/west. The Property currently includes the old Northern Trust and Eastern National Bank office buildings with their respective parking garages built in the early 1970s. These existing buildings are aging and do not comply with the intent of Miami 21 and the relevant SAP to facilitate activated street frontages and pedestrian -oriented development in the urban core. Swire intends to demolish all existing improvements and redevelop the block. See attached Exhibit A for the property description table of this SAP application. The Property is directly east of the first three blocks developed under the Brickell City Centre SAP (known as the BCC East, West and North blocks), and connects the project to Brickell Avenue across the Metromover right-of-way. The Property is known as the "One BCC" block based on this prominent location. See attached Exhibit B for an aerial overview of all Brickell City Centre blocks. B. Land Use and Zoning Designations All parcels within the Property are currently zoned T6-48b-O with a Brickell City Centre SAP overlay under the Miami 21 Official Zoning Atlas. And all parcels within the Property have a future land use designation of Restricted Commercial under the Miami Comprehensive Neighborhood Plan. Swire is not seeking to change the underlying zoning or land use designations of the Property, and all parcels will remain within the existing SAP boundaries. See attached Exhibit C for the future land use map of the Property. See attached Exhibit D for the zoning map of the Property. C. Approved Development Agreement On March 27, 2014, the City Commission adopted the second amendment to the Brickell City Centre SAP, which added the Property to the SAP boundaries and modified the SAP Regulating Plan and Design Guidelines to reflect the approved project for the One BCC block. Additionally, the City Commission adopted the Second Amended and Restated Development Agreement between the City of Miami, Florida and Brickell City Centre Project LLC and 700 Brickell City Centre LLC, Regarding Development of the Brickell City Centre Project ("Development Agreement") for the SAP.2 The first approved project for the Property (approved under the 2014 SAP amendment) included an 80-story mixed use tower containing retail, residential, office, and hotel uses ("One BCC Mixed Use Tower").3 The development program for the One BCC Mixed Use Tower includes 256 residential units, 66,915 square feet of retail space, 676,853 square feet of office, 120 hotel rooms, 1,905 parking spaces, and below grade loading. The One BCC Mixed Use Tower would link to the rest of Brickell City Centre through connections that span the Metromover Station. When One BCC was added to the SAP, it was designed to act as the "front door" to Brickell City Centre, connecting 2 After the City and Swire executed the document, the Development Agreement was recorded in the Public Records of Miami -Dade County, Florida on September 18, 2014, at Official Records Book 29314, Pages 825-851. 3 The approved plans for the One BCC Mixed Use Tower were prepared by Arquitectonica and are entitled "One BCC." These plans were stamped approved by the City's Hearing Boards Dept. on December 17, 2013 and consist of 75 pages. 63409767;1 May 9, 2022 Page 3 the full extent of the mixed -use, transit -oriented project directly to Brickell Avenue, Miami's premier commercial corridor. The One BCC Mixed Use Tower thus included expansive plazas to enhance the public realm at the corners of Brickell Avenue with SE 7th and 8th Streets. D. One BCC Signature Office Based on the unprecedented global changes to market conditions following the COVID-19 pandemic, Swire requested that the City propose a fourth amendment to the SAP to allow an alternate development program for the One BCC block with a more significant office component ("One BCC Signature Office"). The One BCC Signature Office concept is precipitated by the inflow of new residents and businesses to Miami, primarily from urban areas in the Northeast U.S. and California. This increase in investment activity has generated interest from significant financial service and technology companies which do not traditionally have a presence in south Florida. In order to attract and accommodate these tenants' interest and specific needs, Swire requested to modify the building envelope and development program previously approved for the One BCC Mixed Use Tower. The resulting legislation is the City's text amendment. If adopted, the City's proposed zoning changes related to the One BCC Signature Office concept will give Swire much needed flexibility to move forward with redevelopment of the One BCC block and deliver tenant spaces representative current office demand, while maintaining the overall vision for this project as a transit -oriented, walkable mixed -use district to live, work, and play in the heart of Brickell. E. Modifications to Development Agreement The proposed text amendment would modify the existing SAP Regulating Plan and Design Guidelines to reflect certain revised building parameters for the One BCC Signature Office concept.4 Most importantly, these modifications allow larger office floorplates of up to 60,000 square feet in the first 100 feet of building section above the podium, and up to 40,000 square feet office or commercial floorplates for the remainder of the tower, up to the allowable FAA height. These larger floor plates are critical to attract the nation's leading technology and financial companies, and will better position Miami to compete against other major metropolitan cities such as New York and San Francisco where such large floor plates are available and in high demand. The proposed zoning changes are relatively limited, and the One BCC project will continue to respect the guiding principles of the overall Brickell City Centre design and SAP master plan, acting as the "front door" to the overall project facing Brickell Avenue. In conjunction with the text amendment, the Development Agreement must also be amended to include changes consistent with the One BCC Signature Office concept. On this basis, we have provided a redline of the existing Development Agreement for your consideration. Although this application is an amendment to the 4 The Regulating Plan states that the One BCC Mixed Use Tower may continue to be developed pursuant to the existing SAP Design Guidelines (including pages C2.1 to C2.95). Alternatively, development of a One BCC Signature Office design may proceed pursuant to the new Design Guidelines included with the legislation as pages C2.96 to C2.98. 63409767;1 May 9, 2022 Page 4 existing Brickell City Centre SAP, it only addresses the Property (the One BCC block). The remainder of the Brickell City Centre project will remain unchanged and developed in accordance with the SAP and Development Agreement, as previously approved. Therefore, the proposed changes to the Development Agreement do not affect any other block within the Brickell City Centre SAP. F. Neighborhood Needs and Public Benefits The enclosed modifications to the Development Agreement address adjacent neighbor needs by facilitating completion of a walkable urban center within the Brickell area that will reduce carbon dioxide emission and promote energy conversation. As with the remainder of Brickell City Centre, One BCC will include significant improvements to enhance the public realm. Foremost among such elements are the referenced public plazas on the east side of the block, and a direct connection from Brickell Avenue to the BCC Metromover Station (which was previously upgraded with the first phase of Brickell City Centre). The emblematic climate ribbon feature will be extended over the Metromover Station and carried eastward into the One BCC block to create an inviting entrance directly on Brickell Avenue. Brickell City Centre will continue to be the epitome of innovative and efficient urban design that benefits the surrounding neighborhood, embodying numerous Miami 21 principles including reduction of sprawl, encouraging walkability and transit use, urban infill, and creating a diversity of land uses for a variety of economic, employment, and living opportunities. Pursuant to Section 8(b)(vi) of the Development Agreement, Swire has proffered a series of public benefits in conjunction with the SAP. Originally, Swire had proposed to construct the loading for the project underground, because the One BCC Mixed Use Tower generated a significant demand for loading (15 loading berths). The emphasis on office space and reduced intensity of uses in the One BCC Signature Office concept will require much less loading than previously required. Further, Swire's experience and research regarding other contemporary office projects such as Hudson Yards demonstrates that there is stable and predictable demand for loading that can be satisfied with fewer loading berths. In light of these facts, the previously proposed underground parking, underground loading, and underground Metromover connection have been removed from the proposed One BCC development. Accordingly, we have revised the public benefits related to those items in the attached version of the Development Agreement. One BCC will otherwise provide all required parking and loading in accordance with the SAP, and will continue to provide an above - grade pedestrian connection over the Metromover Station. We maintain the total costs of the remaining public benefits are above and beyond the monetary payment typically required under the Public Benefits Trust Fund regulations of Miami 21 and Chapter 62 of the City Code. G. Compliance with Other Miami 21 Criteria In terms of other Miami 21 criteria, the provisions of Section 7.1.2.8(c) for rezonings do not apply to this application, because there are no proposed changes to the zoning designations of the Property. The Development Agreement modifications proposed would not alter allowable land uses 63409767;1 May 9, 2022 Page 5 nor the overall maximum density, height, intensity of development permitted in the Brickell City Centre SAP. The SAP remains consistent with the Miami Comprehensive Neighborhood Plan. Finally, this application to modify an existing SAP Development Agreement meets the general criteria of Miami 21 Section 3.9, as it promotes greater flexibility so as to result in higher or specialized quality building and streetscape design within the Brickell City Centre SAP. The establishment of the One BCC Signature Office also meets the specific BRICKELL CITY CENTRE GOALS currently set forth in Appendix E to the Miami 21 Zoning Code, which includes an objective to "facilitate the organized growth of downtown infill redevelopment ensuring that Miami remains the focus of the region's economic, civic, and cultural activities." The focus on office development at One BCC in a Signature Office design is specifically met to achieve this goal. H. Conclusion Swire remains privileged to be part of the transformation of downtown Miami and Brickell, with the completed phase of Brickell City Centre now acting as a catalyst for future growth and development. The fourth SAP amendment proposed by the City will further that positive momentum by facilitating redevelopment of the One BCC block. In conjunction with that text amendment, we look forward to presenting our request to the City Commission for the required modifications to the Development Agreement. Thank you for your consideration. Sinc T. Spencer Crowley Enclosures cc: Hon. Francis Suarez, Mayor Hon. Ken Russell, District 2 Commissioner Arthur Noriega, City Manager Nzeribe Ihekwaba, Deputy City Manager Kieran Bowers, President, Swire Properties Related Companies 63409767;1 Exhibit A 46439196;1 Existing Conditions "One BCC" Block "Attachment A" Table: # Folio City of Miami Address SQ FT Existing FLU Designations Proposed FLU Designations Existing Zoning Proposed Zoning 1 01-0210-030-1230 799 Brickell Plaza 55,940 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 2 01-0210-030-1180 700 Brickell Avenue 47,610 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 3 01-0210-030-1310 710 Brickell Avenue 20,010 sq. ft. Restricted Commercial N/A T6-48B-0/SAP N/A 61768986;1 Exhibit B 46439196;1 Aerial Overview Brickell City Centre Blocks 61768986;1 = Existing BCC SAP properties to remain = Proposed area of changes to BCC SAP One BCC Exhibit C 46439196;1 Future Land Use Map One BCC (existing to remain) Search Legend FutureLandUse Future Land Use Conservation Public Parks and Recreatio Commercial Recreation* Marine Facilities* Single Family - Residential Duplex - Residential Low Density Multifamily Residential Layers Medium Density Multifamily Residential High Density Multifamily Residential Low Density Restricted Commercial Medium Density Restricted Commercial Restricted Commercial • Central Business District • General Commercial Major Institutional, Public Facilities_ Transportation ar Utilities Light Industrial IndiistriI 61768986;1 Exhibit D 46439196;1 Zoning Map One BCC existing to remain Search Legend ZoningMiami21 Layers Special Area Plans - lvliam 21 Primary Zoning - Miami 21 TI NATURAL T3 SUB -URBAN T4 GENERAL URBAN T5 URBAN CENTER T6-8 URBAN CENTER T6-12 URBAN CORE T6-24 URBAN GORE T6-36 URBAN CORE T6-48 URBAN CORE T6-60 URBAN CORE T6-80 URBAN CORE Di WORK PLACE D2 INDUSTRIAL D3 MARINE CS CIVIC SPACE/PARKS CI CIVIC INSTITUTIONAL CI -HD HEALTH DISTRICT 61768986;1 This instrument Prepared by and after Recording Return To: T. Spencer Crowley III, Esq. Akerman LLP 1 SE Third Avenue, 25th Floor 98 SE 7th Street, Suite 1100 Miami, FL 33131 SECONDTHIRD AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND BRICKELL CITY CENTRE PROJECT LLC AND 700 BRICKELL CITY CENTRE LLC, REGARDING DEVELOPMENT OF THE BRICKELL CITY CENTRE PROJECT THIS AGREEMENT is entered this day of , 201/12022 and effective as of 201112022, by and between BRICKELL CITY CENTRE PROJECT, LLC, a Florida limited liability company and 700 BRICKELL CITY CENTRE, LLC, a Florida limited liability company (together known as "Swire"), and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City") (Swire and the City together referred to as the "Parties"). WITNESSETH: WHEREAS, Swire held fee simple title to approximately nine (9) acres of property in the Brickell area of downtown Miami ("Original Property"); and WHEREAS, the Original Property was more specifically located south of the Miami River, west of Brickell Avenue, north of SW 8th Street, and east of NW 1st Avenue; and WHEREAS, the Original Property spanned four (4) city blocks and was located between two (2) mass transit lines; and WHEREAS, the Original Property was underutilized in that it predominantly consisted of vacant, undeveloped lots secured by chain link fencing; and WHEREAS, the status of the Original Property was inconsistent with the City's vision to develop a world class downtown, and the City wished to encourage redevelopment of the Original Property; and WHEREAS, Swire wished to redevelop the Original Property as a higher density, mixed -use, pedestrian oriented, urban development known as Brickell City 129253569;1} Page 1 or4434 61462135;2 Centre which would provide much needed retail for the Brickell and Downtown area of Miami ("Project"); and WHEREAS, in order to maximize efficiency and design of the Project, Swire desired to construct two (2) levels of underground parking; and WHEREAS, a process exists within the City's zoning code ("Miami 21") which allows parcels of more than nine (9) abutting acres to be master planned to allow greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher or specialized quality building and streetscape design; and WHEREAS, the result of this master planning process is known as a "Special Area Plan" or "SAP"; and WHEREAS, on July 28, 2011, the City approved an SAP for the Project; and WHEREAS, Miami 21 requires development within an SAP to be governed by a Development Agreement between the property owner and the City; and WHEREAS, on October 24, 2011, Swire recorded a Development Agreement for the Project; and WHEREAS, on March 28, 2013, the City approved an amendment to the SAP for the Project to include a city block known as "N2" and also approved an Amended and Restated Development Agreement; and WHEREAS, on April 7, 2014, Swire recorded the Amended and Restated Development Agreement for the Project; and WHEREAS, Swire recently acquired additional property located between SE 7th Street and SE 8th Street, lying west of Brickell Avenue, consisting of approximately 67,449 sq. ft. (1.55 acres); and WHEREAS, the area known as "BCC Plaza" combined with the additional property will be is known as "One BCC;" and WHEREAS, the One BCC block was rezoned from a mixture of T6-48B-O and T6-48A-O to the Brickell City Centre SAP with an underlying Transect Zone of T6-48B-O; and WHEREAS, on March 27, 2014, the City approved a second amendment to the SAP for the Project to include the city block known as One BCC and also approved a Second Amended and Restated Development Agreement; and 129253569;1} Page 2 or4434 61462135;2 WHEREAS, on September 18, 2014, Swire recorded the Second Amended and Restated Development Agreement for the Project; and WHEREAS, Swire is now the ownerremains as the underlying landowner of all of the properties described in the original Development Agreement dated October 24, 2011, the Amended and Restated Development Agreement dated April 4, 2014, and the additional properties described herein (Second Amended and Restated Development Agreement dated July 23, 2014 (hereinafter collectively the "Amended Property," a legal description of which is attached as Exhibit "A"); and WHEREAS, the One BCC block has been rezoned from a mixture of T6 '18B 0 and T6 48A 0 to the Brickcll City Centre SAP with an underlying Transcct Zone of T6 48B 0; and WHEREAS, the City and Swirc wish to amend the Dcvclopmcnt Agrccmcnt and the Amended and Restated Dcvclopmcnt Agrccmcnt for Brickcll City Ccntrc to include the One BCC block in order to encourage redevelopment of the Amcndcd Property and effectuate the Proj cct; and WHEREAS, this Second Amcndcd and Rcstatcd Dcvclopmcnt Agrccmcnt ("Agreement") supersedes the Development Agreement which was recorded on October 2'I, 2011 and also supersedes the Amcndcd and Rcstatcd Dcvclopmcnt Agrccmcnt which was recorded on April 7, 20111 and satisfies the requirement set forth in Miami 21; and WHEREAS, the City and Swire wish for development of the Project to proceed substantially in accordance with the Regulating Plan as amended and Design Guidelines adopted on July 28, 2011, March 28, 2013, and March 27, 201'1 and kept on file with the City ("Regulating Plan and Design Guidelines"); and WHEREAS, the Amended Property is designated Restricted Commercial, with an Urban Central Business District Overlay, in the Miami Comprehensive Neighborhood Plan ("Comprehensive Plan"); and WHEREAS, the City and Swire wish for development of the Project to proceed in a manner which is consistent with the Comprehensive Plan; and WHEREAS, the Project is located in the Downtown Development of Regional Impact ("DDRI"); and WHEREAS, as of the Effective Date, the DDRI has sufficient development capacity to accommodate the Project and Swire has reserved such capacity through appropriate means with the City; and WHEREAS, the lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and 129253569;1} Page 3 of4434 61462135;2 WHEREAS, assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, unprecedented global changes to market conditions have occurred following the COVID-19 pandemic, causing an inflow of new residents and businesses to Miami, primarily from urban areas in the Northeast U.S. and California, and the resulting increase in investment activity has generated office space interest particularly from significant, global financial service and technology companies that do not traditionally have a presence in south Florida; and WHEREAS, in order to attract and accommodate this interest, which is consistent with the overall intent of the Project, the City and Swire now wish to amend the Second Amended and Restated Development Agreement for Brickell City Centre along with the Brickell City Centre SAP to provide for a potential "Signature Office" configuration at the One BCC block, which allows for larger tower floorplates in a One BCC Signature Office design to create opportunities for the types of workspaces that these j ob-producing office tenants demand; and WHEREAS, this Third Amended and Restated Development Agreement ("Agreement") supersedes the Development Agreement which was recorded on October 24, 2011, supersedes the Amended and Restated Development Agreement which was recorded on April 7, 2014, and supersedes the Second Amended and Restated Development Agreement which was recorded on September 18, 2014, and satisfies the requirement set forth in Miami 21; and WHEREAS,. the City and Swire wish for development of the Project to proceed substantially in accordance with the amended SAP Regulating Plan and those Design Guidelines adopted on July 28, 2011, March 28, 2013, March 27, 2014; and for the One BCC Signature Office to proceed substantially in accordance with the amended SAP Regulating Plan and modified Design Guidelines adopted on , 2022, which are kept on file with the City (collectively, the "Regulating Plan and Design Guidelines");=and WHEREAS, the City Commission, pursuant to Ordinance No. 1311111 adopted March 27 , 201112022, has authorized the City Manager to execute this Agreement upon the terms and conditions as set forth below; and WHEREAS, the Boards of Directors have authorized Swire to execute this Agreement upon the terms and conditions set forth below;_ 129253569;1} Page 4 or4434 61462135;2 NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein: Section 1. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both Parties and thus adequate consideration for this Agreement. Section 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and words in the plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof", "hereto", and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties hereto agree that this Agreement shall not be more strictly construed against either the City or Swire, as all Parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement; provided, however, that this Agreement shall be deemed to control in the event of a conflict between the exhibits and this Agreement. Section 3. Definitions. Capitalized terms which are not specifically defined herein shall have the meaning given in Miami 21. "Agreement" means this SecondThird Amended and Restated Development Agreement Between the City of Miami, Florida and Brickell City Centre Project, LLC and 700 Brickell City Centre, LLC, Regarding Development of the Brickell City Centre Project. "City" means the City of Miami, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies, and instrumentalities subject to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive plan known as the Miami Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (20102022), meeting the requirements of Section 163.3177, Florida Statutes (20102022), Section 163.3178, Florida Statutes 129253569;1} Page 5 of4434 61462135;2 (20102022), and Section 163.3221(2), Florida Statutes (20102022), which is in effect as of the Effective Date. "County" means Miami -Dade County, a political subdivision of the State of Florida. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels and such other activities described in Section 163.3221(4), Florida Statutes (20102022). "Effective Date" means March 27 , 20142022, the date the City Commission authorized the City Manager to execute this Agreement. "Existing Zoning" means the zoning designation and regulations of the Miami 21 Code, City Charter, and City Code in effect as of October 24, 2011 which comprise the effective land development regulations governing development of the Property as of the date of recordation of the original Development Agreement. "Land" means the earth, water, and air above, below, or on the surface and includes any improvements or structures customarily regarded as land. "Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local, state, or federal government affecting the development of land. "Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, streets, parking, and health systems and facilities. Section 4. Purpose. The purpose of this Agreement is for the City to authorize Swire to develop the Project pursuant to the Brickell City Centre SAP. This Agreement will establish, as of the Effective Date of this Agreement, the land development regulations including the Existing Zoning, the Regulating Plan, and Design Guidelines, which together will govern Development of the Project, thereby providing the Parties with additional certainty during the Development process. This Agreement also satisfies Section 3.9.1.f., Miami 21. Section 5. Intent. Swire and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of the Brickell City Centre SAP, this Agreement, the Comprehensive Plan and the Florida Local Government Development Agreement Act, Section 163.3220 - 163.3243, Florida Statutes (20102022). Section 6. Applicability. This Agreement only applies to the Project on the Amended Property. It does not apply to those portions of the Brickell City Centre SAP that are not part of the Amended Property. 129253569;1} Page 6 or4434 61462135;2 Section 7. Term of Agreement, Effective Date, and Binding Effect. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the public records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual consent of the Parties subject to a public hearing, pursuant to Section 163.3225, Florida Statutes (20102022). This Agreement shall become effective on the Effective Date and shall constitute a covenant running with the land that shall be binding upon, and inure to, the benefit of the Parties, their successors, assigns, heirs, legal representatives, and personal representatives. Section 8. Permitted Development, Uses, and Building Intensities. (a) Brickell City Centre SAP Designation. The City has designated the Amended Property as part of the Brickell City Centre SAP on the official zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The amended SAP Regulating Plan and the modified Design Guidelines for the One BCC Signature Office are attached as Exhibit "B". In approving the Brickell City Centre SAP, the City has determined that the uses, intensities, and densities of Development permitted thereunder are consistent with the Comprehensive Plan and the Existing Zoning. (b) Density, Intensity, Uses, and Building Heights. (i) As of the Effective Date and pursuant to the Brickell City Centre SAP, the density proposed for the Amended Property shall not exceed 124 units per acre, and the intensity proposed for the Amended Property is measured by an above -ground Floor Lot Ratio which shall not exceed 18.0 (specifically excluding underground parking and circulation). (ii) The non-residential Development permitted on the Amended Property includes, but is not limited to, the following uses: office, hotel, retail, entertainment, medical office, academic space, and any other uses permitted by the Existing Zoning. (iii) As of the Effective Date and pursuant to the Brickell City Centre SAP, the maximum heights above mean sea level are: • 1,049 feet for the One BCC block; • 683 feet for all other blocks; • 160 feet for the One BCC and N2 Pedestals; • 129 feet for all other Pedestals. (iv) Nothing herein shall prohibit Swire from requesting an increase in the density or intensity of Development permitted on the Amended Property, as long as such increase in density or intensity is consistent 129253569;1} Page 7 or4434 61462135;2 with the Comprehensive Plan, Existing Zoning, the SAP, and this Agreement as it exists on the Effective Date. (v) The One BCC building is eligible for the bonus height and Floor Lot Ratio benefits due to the public benefits that the One BCC building encompasses. (vi) Public benefits resulting in additional benefits are those in addition to the requirements delineated in the Regulating Plan, Design Guidelines, and Section 3.9 of Miami 21. The Brickell City Centre SAP public benefits for the Amended Property, as defined in the Regulating Plan, are: • 6th Street/Miami Avenue Roundabout • Eastward expansion of Metromover Station and direct connection to Brickell Avenue • Active uses on SE 7th and SE gth Streets and improved efficiency of ground floor circulation enabled by underground loading • BelowAbove-grade pedestrian connection underover Metromover Station • Enhancement to Plazas on Brickell Avenue and Climate Ribbon The total costs of the public benefits for the Project are above and beyond the monetary payment which would be required under the Public Benefits Trust Fund regulations of Miami 21 and Chapter 62 of the City Code. (c) Environmental. The City finds that the Project will confer a significant net improvement upon the publicly accessible tree canopy in the area. The City and Swire agree that Swire will comply with the intent and requirements of Chapter 17 of the City Code. Any tree replacement shall be within one (1) mile radius of the Project, with an emphasis along 7th Street, 8th Street, and South Miami Avenue. The City agrees to facilitate the permitting and planting of replacement trees on all publicly owned properties in this area. (d) Archaeological. Because of the Project's location in a high probability archaeological zone, Swire is required to obtain a certificate to dig prior to any ground disturbing activities. However, in no case shall the City require archaeological monitoring during excavation of the limestone bedrock. Section 9. Connectivity and Activity within Public Right -of -Way. (a) Connectivity. A critical element to the success of the Project is above grade and below grade connectivity between blocks and through public rights -of -way. This connectivity should be encouraged both within the Project and between the Project and abutting property. This connectivity will result in ease of access, 129253569;1} Page 8 or4434 61462135;2 minimized pedestrian and vehicular conflicts, and reduction of the Project's traffic impacts by permitting internalized traffic circulation. In order to activate the above grade connections, Swire proposes to locate commercial activity in this area. Swire recognizes that such connectivity and commercial usage may require approval of other governmental agencies such as Miami -Dade County and the Florida Department of Transportation. The City finds and determines that establishing such connectivity and commercial usage serves a public purpose, and the City agrees to support Swire's efforts to obtain any authorization to establish such connectivity and commercial usage. The City finds that the authorization of such uses within the public rights -of -way will have no adverse effects on the provision of natural light or circulation of air, or increase the adverse effects resulting from fire, floods, tornadoes, and hurricanes. It is further found that the presence of such uses within the public rights -of -way shall in no way diminish access for firefighting apparatus or rescue and salvage operations; diminish traffic, transportation, and circulation; or adversely impact the advancement of the safety, health, amenity, and general welfare within the City. Given the public benefits conferred upon the City by the above -grade and below -grade connectivity between blocks and across the public rights -of -way, the provisions of Sec. 54-186 of the City Code, as amended, shall not apply within the Brickell City Centre SAP. (b) Construction of encroachments within the Public Right -of -Way. The City finds that the proposed encroachments do not unduly restrict the use of the public rights -of -way and is a necessary and essential element in the construction of the pedestrian walkways above the public rights -of -way and vehicular underpasses below the same rights -of -way. The adoption of this Agreement shall serve to satisfy the requirements set forth in Sec. 55-14(b) of the City Code, as amended. Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City Code, as amended. In consideration for authorizing the construction of the aforementioned encroachments, Swire further covenants to: (i) Maintain the above -grade pedestrian walkways and below -grade vehicular underpasses in accordance with the Florida Building Code, the City Charter, the City Code, and any other applicable federal, state, and local statutes, laws, rules, orders, and regulations. (ii) Provide an insurance policy, in an amount determined by the City's Risk Management Department, naming the City as an additional insured for public liability and property damage. The insurance shall remain in effect for as long as the encroachment(s) exist in the public right-of-way. Should 129253569;1} Page 9 or4434 61462135;2 Swire fail to continue to provide the insurance coverage, the City shall have the right to secure a similar insurance policy in its name and place a special assessment lien against all properties subject to this Agreement for the total cost of the premium. Insurance requirements for the Project are rovided in Exhibit "C" attached hereto. (iii) Swire shall hold harmless and indemnify the City, its officials, and its employees from any claims for damage or loss to property and injury to persons of any nature whatsoever arising out of the use, construction, maintenance, or removal of the pedestrian walkways and vehicular underpasses and from and against any claims which may arise out of the granting of permission for the encroachment or any activity performed under the terms of this Agreement. (c) Activity within the Public Right -of -Way. Notwithstanding the limitations set forth in Sec. 54-186 of the City Code, as amended, the City shall permit Food Service Establishment(s) and General Commercial uses, as defined in Miami 21, in the above -grade pedestrian walkways located within the public right-of-way, following approval by SAP Permit. (d) Extension of SE 1st Avenue/Brickell Plaza. Due to the public benefits of the Project as enumerated in Section 8(b)(vi) of this Agreement, the extension of SE 1st Avenue/Brickell Plaza through the One BCC site, as originally contemplated by Resolutions 83-1054 and 90-942, is no longer necessary as evidenced by approval of the first Agreement on July 28, 2011, the first Amended Agreement on March 28, 2013, and thiathe Second Amended Agreement. (e) Easement, Insurance, and Indemnification. Swire has previously executed a construction easement (see ORB 29039, Page 2266) with the City and included insurance and indemnification language in said construction easement. The language is incorporated into this Agreement by reference. Section 10. Project Approval. (a) Future Development Review. Future Development within the Brickell City Centre SAP shall proceed pursuant to the process established in the Regulating Plan and Design Guidelines and shall be consistent with the Comprehensive Plan, this Agreement, and the Brickell City Centre SAP. (b) Prohibition on Downzoning. (i) 129253569;1} The Comprehensive Plan, this Agreement, and the Brickell City Centre SAP shall govern Development of the Amended Property for the duration 61462135;2 Page 10 o1.3434 of the Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Amended Property only if the determinations required by Section 163.3233(2), Florida Statutes (20102022) have been made after thirty (30) days written notice to Swire and after a public hearing. Pursuant to Section 163.3233(3), Florida Statutes (20102022), this prohibition on downzoning supplements, rather than supplants, any rights that may vest to Swire under Florida or Federal law. As a result, Swire may challenge any subsequently adopted changes to land Dcvclopmcntdevelopment regulations based on (A) common law principles including, but not limited to, equitable estoppel and vested rights, or (B) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (20102022). (c) Developm itofRegionalImpact. (i) The City and Swire agree that as of the Effective Date, sufficient capacity remains under the DDRI to accommodate the Project and that Swire has reserved the capacity necessary to develop the Proj ect. (ii) The City agrees that any DRI Development order which the City adopts after the Effective Date and which applies to the Amended Property will (A) be consistent with this Agreement and the Brickell City Centre SAP and (B) include a Use/Intensity conversion table to allow for a reasonable level of flexibility with respect to the mix and intensity of uses in order to respond to changing market conditions. (iii) The City agrees that if the Miami Downtown Development Authority ("DDA") decides to abandon, terminate, rescind, or otherwise render ineffective the DDRI Development Order, Swire shall no longer be responsible for payment of DDRI fees. Further, if the DDA decides to abandon, terminate, rescind, or otherwise render ineffective the DDRI Development Order, the City agrees to refund any payment of DDRI fees made by Swire within twenty four (24) months of the decision to abandon, terminate, rescind, or otherwise render ineffective the DDRI Development Order. Section 11. Retail Specialty Center Designation and Entertainment Specialty District Designation. Pursuant to Chapter 4 of the City Code, each block of the five -block Project is designated as a retail specialty center and each block is designated as an entertainment specialty district. Any establishments located within the Project shall be entitled to the benefits afforded to establishments in a retail specialty center and entertainment specialty district, as codified by 129253569;1} Page 11 61.3434 61462135;2 Chapter 4 of the City Code. Notwithstanding the requirements of Sec. 4-3.2 of the City Code, PZAB and City Commission approval shall not be required for alcohol establishments as principal uses proposed to be located within the Project. Each alcohol establishment within the Project shall not count towards the maximum number of establishments in the Brickell Riverside Entertainment District. Each alcohol establishment within the Brickell Riverside Entertainment District shall not count towards the maximum number of establishments within the Project. The maximum number of establishments selling alcoholic beverages permitted within the Project's retail specialty centers and entertainment specialty districts shall not exceed five (5) per block, exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in conjunction with the principal sale of food (e.g. bona fide, licensed restaurants with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX or equivalent license). However, the maximum number of establishments classified as nightclubs (as defined by Chapter 4, Article I of the City Code) shall not exceed two (2) per block, unless otherwise approved by an SAP Permit. The total number of alcohol establishments (exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in conjunction with the principal sale of food) shall not exceed twenty-five (25) for the entire Project. The number of approved establishments may be increased by amendment to this Agreement after two (2) public hearings before the City Commission. Section 12. Job Creation. Swire shall consult with local and state economic Developmentdevelopment entities regarding job training and job placement services to City residents seeking employment opportunities with potential employers which will locate or establish businesses within the Project. Section 13. Local Development Permits. (a) The Development of the Amended Property in accordance with the Existing Zoning is contemplated by Swire. The Project may require additional permits or approvals from the City, County, State, or Federal government and any divisions thereof. Subject to required legal process and approvals, the City shall make a good faith effort to take all reasonable steps to cooperate with and facilitate all such approvals, including acting as an applicant or co -applicant when applicable. Such approvals include, without limitation, the following approvals and permits and any successor or analogous approvals and permits: (i) Subdivision plat or waiver of plat approvals; (ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrictive Covenant acceptance or the release of existing unities or covenants; 129253569;1} Page 12 o1.3434 61462135;2 (iii) Building permits; (iv) Certificates of use; (v) Certificates of occupancy; (vi) Stormwater Permits; (vii) DDRI approval, modification, or exemption; and (viii) Any other official action of the City, County, or any other government agency having the effect of permitting Development of the Project. (b) In the event that the City substantially modifies its land Dcvclopmcntdevelopment regulations regarding site plan approval procedures, authority to approve any site plan for a project on one (1) of the Properties shall be vested solely in the City Manager's designee(s), with the recommendation of the Planning Director and other departments, as applicable. Any such site plan shall be approved if it meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan, and the terms of this Agreement. Section 14. Consistency with Comprehensive Plan. The City finds that Development of the Amended Property in conformity with the Existing Zoning is consistent with the Comprehensive Plan. As of the Effective Date, Swire is conducting an extensive analysis of the Public Facilities available to serve the Project. In the event that the Existing Zoning or the Comprehensive Plan requires Swire to provide additional Public Facilities to accommodate the Project, Swire will provide such Public Facilities consistent with the timing requirements of Section 163.3180, Florida Statutes (20102022). Swire shall be bound by the City impact fees and assessments in existence as of the Effective Date of this Agreement. Section 15. Necessity of Complying with Local Regulations Relative to Development Permits. Swire and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve Swire of the necessity of complying with the regulation governing said permitting requirements, conditions, fees, terms, licenses, or restrictions. Section 16. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it shall permit the Development of the Amended Property in accordance with the Existing Zoning, the Comprehensive Plan, and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of Development permitted on the Amended Property in a manner consistent with (i) the Existing Zoning or the Comprehensive Plan, (ii) any zoning change 129253569;1} Page 13 61.3434 61462135;2 subsequently requested or initiated by Swire in accordance with applicable provisions of law, or (iii) any zoning change subsequently enacted by the City. (c) The expiration or termination of this Agreement shall not be considered a waiver of, or limitation upon, the rights, including, but not limited to, any claims of vested rights or equitable estoppel, obtained or held by Swire or its successors or assigns to continue Development of the Amended Property in conformity with Existing Zoning and all prior and subsequent Development permits or Development orders granted by the City concerning this Project. Section 17. Brickell Trolley. Swire acknowledges that the City is currently planning to develop a trolley system which may traverse or abut the Project. Swire agrees to cooperate with the City so that any portion of the trolley route which runs through or adjacent to the Project can be accommodated within the dedicated public rights -of -way. The City agrees to evaluate whether at least one (1) northbound and one (1) southbound trolley stop can be incorporated into the Proj ect. Section 18. Annual Review. (a) Swire shall provide the City on an annual basis a status of the Project in order for the City to conduct an annual review of the Development. This requirement shall commence twelve (12) months after the Effective Date. (b) During its annual review, the City may ask for additional information not provided by Swire. Any additional information required of Swire during an annual review shall be limited to that necessary to determine the extent to which Swire is proceeding in good faith to comply with the terms of this Agreement. (c) If the City finds on the basis of competent substantial evidence that Swire has not proceeded in good faith to comply with the terms of the Agreement, the City may terminate or amend this Agreement after providing 30 days written notice to Swire and after a public hearing before the City Commission. Section 19. Notices. (a) All notices, demands, and requests which may or are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by personal service or sent by United States Registered or Certified Mail, return receipt requested, postage prepaid, or by ovemight express delivery, such as Federal Express, to the Parties at the addresses listed below. Any notice given pursuant to this Agreement shall be deemed given when received. Any actions required to be taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday, or legal holiday. To the City: City Manager 129253569;1} 61462135;2 Page 14 61.3434 City of Miami 3500 Pan American Drive Miami, FL 33133 With a copy to: To Swire: City Attorney Miami Riverside Center 444 S.W. 2nd Avenue 9th Floor Miami, FL 33130 Stephen Owens 501 Brickcll Key Drive Kieran Bowers 98 SE 7th Street, Suite 600500 Miami, FL 33131 With a copy to: Akerman LLP Attn: Nciscn KasdinSpencer Crowley 4-98 SE 3-m Avenue 257t1 FloorStreet, Suite 1100 Miami, FL 33131 (b) Any party to this Agreement may change its notification address(es) by providing written notification to the remaining Parties pursuant to the terms and conditions of this section. Section 22. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by the Parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity, or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in Miami -Dade County. In addition to any other legal rights, the City and Swire shall each have the right to specific performance of this Agreement in court. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial. Section 23. Voluntary Compliance. Swire and the City agree that in the event all or any part of this Agreement is struck down by judicial proceeding or preempted by legislative action, 129253569;1} Page 15 o1.3434 61462135;2 Swire and the City shall continue to honor the terms and conditions of this Agreement to the extent allowed by law. Section 24. No Oral Change or Termination. This Agreement and the exhibits and appendices appended hereto and incorporated herein by reference, if any, constitute the entire Agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes any prior agreements or understandings between the Parties with respect to the subject matter hereof, including but not limited to the original Development Agreement recorded October 24, 2011 and, the Amended and Restated Development Agreement recorded April 7, 2014, the Second Amended and Restated Development Agreement recorded September 18, 2014, and no change, modification, or discharge hereof in whole or in part shall be effective unless such change, modification, or discharge is in writing and signed by the party against whom enforcement of the change, modification, or discharge is sought and recorded in the public records of the County. This Agreement cannot be changed or terminated orally. Section 25. Compliance with Applicable Law. Subject to the terms and conditions of this Agreement, throughout the Term of this Agreement, Swire and the City shall comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures, and orders that govern or relate to the respective Parties' obligations and performance under this Agreement, all as they may be amended from time to time. Section 26. Representations; Representatives. Each party represents to the other that this Agreement has been duly authorized, delivered, and executed by such party and constitutes the legal, valid, and binding obligation of such party, enforceable in accordance with its terms. Section 27. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. Section 28. Failure to Exercise Rights not a Waiver; Waiver Provisions. The failure by either party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. Section 29. Events of Default. (a) Swire shall be in default under this Agreement if Swire fails to perform or breaches any term, covenant, or condition of this Agreement which is not cured within thirty (30) days after receipt of written notice from the City specifying the 129253569;1} Page 16 61.3434 61462135;2 nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then Swire shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from a Swire specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, the City shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (c) It shall not be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction. All rights and obligations in this Agreement shall survive such bankruptcy of either party. The Parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of the other party. This section does not absolve Swire of any of its obligations pursuant to the City Code should it declare bankruptcy, including but not limited to ensuring that all construction sites, buildings, structures, and excavation sites are safe. (d) The default of a successor or assignee of any portion of Swire's rights hereunder shall not be deemed a breach by Swire. Section 30. Remedies Upon Default. (a) Neither party may terminate this Agreement upon the default of the other party, but shall have all of the remedies enumerated herein. (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, Swire and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary damages, injunctive relief, or any other relief other than termination of this Agreement. Each party shall bear its own attorney's fees in any such action. Section 31. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, hereafter be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. Section 32. Assignment and Transfer. This Agreement shall be binding on Swire and its heirs, successors, and assigns, including the successor to or assignee of any Amended Property Interest. Swire, at its sole discretion, may assign, in whole or in part, this Agreement or any of its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder of an Amended Property Interest without the prior written consent or any other approval of the City. Any such assignee shall assume all applicable rights and obligations under this Agreement. 129253569;1} Page 17 o1.3434 61462135;2 Any reference to Swire in this Agreement also applies to any heir, successor, or assignee of Swire. Section 33. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over any contrary term or provision contained herein, in the event of any lawful termination of this Agreement, the following obligations shall survive such termination and continue in full force and effect until the expiration of a one (1) year term following the earlier of the effective date of such termination or the expiration of the Term: (i) the exclusive venue and choice of law provisions contained herein; (ii) rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement; and (iii) any other term or provision herein which expressly indicates either that it survives the termination or expiration hereof or is or may be applicable or effective beyond the expiration or permitted early termination hereof. Section 34. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the City and Swire and neither Swire nor its employees, agents, contractors, subsidiaries, divisions, affiliates, or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of Swire or its subsidiaries, divisions, or affiliates. Section 35. Cooperation; Expedited Permitting; and Time is of the Essence. (a) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this Agreement. The City shall use its best efforts to expedite the permitting and approval process in an effort to assist Swire in achieving its Development and construction milestones. The City will accommodate requests from Swire's general contractor and subcontractors for review of phased or multiple permitting packages, such as those for excavation, site work and foundations, building shell, core, and interiors. In addition, the City Manager will designate an individual who will have a primary (though not exclusive) duty to serve as the City's point of contact and liaison with Swire in order to facilitate expediting the processing and issuance of all permit and license applications and approvals across all of the various departments and offices of the City which have the authority or right to review and approve all applications for such permits and licenses. (b) Notwithstanding the foregoing, the City shall not be obligated to issue any permit to the extent Swire does not comply with the applicable requirements of the Existing Zoning, the Comprehensive Plan, this Agreement, applicable building codes, and any other statute, ordinance, rule, or regulation. Section 36. Enforcement. 129253569;1} Page 18 o1.3434 61462135;2 (a) In the event that Swire, its successors, or assigns fails to act in accordance with the terms of the Existing Zoning or this Agreement, the City shall seek enforcement of said violation upon the subject Amended Property. (b) Enforcement of this Agreement shall be by action against any Parties or person violating, or attempting to violate, any covenants set forth in this Agreement. The prevailing party in any action or suit pertaining to or arising out of this Agreement shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his/her/its attorney. (c) This enforcement provision shall be in addition to any other remedies available at law, in equity, or both. Section 37. Amendment or Termination by Mutual Consent. This Agreement may not be amended or terminated during its term except by mutual written agreement of Swire and the City. Prior to any amendment or termination of this Agreement during its term, the City shall hold two (2) public hearings before the City Commission to consider and deliberate such amendment or termination. Any amendment or termination shall be recorded in the public records of the County at Swire's sole cost. Section 38. Third Party Defense. The City and Swire shall each, at their own cost and expense, vigorously defend any claims, suits, or demands brought against them by third parties challenging the Agreement or the Project, or objecting to any aspect thereof, including, without limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida Statutes (20102022), (ii) a petition for writ of certiorari, (iii) an action for declaratory judgment, or (iv) any claims for loss, damage, liability, or expense (including reasonable attorneys' fees). The City and Swire shall promptly give the other written notice of any such action, including those that are pending or threatened, and all responses, filings, and pleadings with respect thereto. Section 39. No Conflict of Interest. Swire agrees to comply with Section 2-612 of the City Code as of the Effective Date, with respect to conflicts of interest. Section 40. No Third -Party Beneficiary. No persons or entities other than Swire and the City, their heirs, permitted successors, and assigns, shall have any rights whatsoever under this Agreement. Section 41. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. Section 42. Abutting Property Owners. The City and Swire have a mutual interest in ensuring that construction of the Project proceeds in a manner which is respectful of and sensitive to owners of property abutting the Project ("Abutting Owners"). In recognition of this concern, during construction of the Project, Swire agrees to ensure that Abutting Owners are compensated for any actual damages which directly result from accidental loss of utility service caused by Swire, its contractors, or subcontractors. 129253569;1} Page 19 o1.3434 61462135;2 Section 43. Status. Upon request from time to time by Swire, or its successor, assigns, or any mortgagee of Swire, its successor, or assign, the City shall deliver to such requesting party a letter (in recordable form, if requested) stating whether the obligations of Swire or its successor or assign under this Agreement are current and in good standing or have been satisfied. In the event Swire or its successor or assign is not current in its obligations or such obligations are not satisfied, said letter shall state the particular manner in which such person's obligations under this Agreement are not current and in good standing or have not yet been satisfied. Section 44. Estoppel. Within ninety (90) days of receipt of written request from a Developer party, the City Manager or his designee, on behalf of the City, shall execute an estoppel certificate or similar document, in form and substance reasonably acceptable to the City Attorney, affirming Swire's compliance with the conditions set forth in the Agreement. Should the City fail to execute the requested estoppel certificate within the aforementioned time period, the City's non -response shall be presumed to indicate Swire's compliance with the terms of the Agreement. NOW, WHEREOF, the City and Swire have caused this Agreement to be duly executed. [Signature blocks for City and Swire on next pagepages] 129253569;1} Page 20 o1.3434 61462135;2 Signed, witnessed, executed and acknowledged this day of , 2022. ATTEST: THE CITY OF MIAMI, a Florida municipal corporation Todd Hannon, City Clerk By: Arthur Noriega V, City Manager APPROVAL FROM THE PLANNING DEPARTMENT AS TO CONTENT: Cesar Garcia -Pons, Planning Director APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney 129253569;1} Page 21 of 34 61462135;1 Signed, witnessed, executed and acknowledged this day of , 2022. Witnessed by: BRICKELL CITY CENTRE PROJECT, LLC, a Florida limited liability company as Trustee under Land Trust No. BCC-2012 Print Name: Print Name By: Printed Name: Title: — (Authorized Corporate Officer) Trustee executes this instrument solely as Trustee under Land Trust No. BCC-2012 and not individually and no personal recovery or judgment shall ever be sought or obtained against Trustee by reason hereof. ATTEST: Printed: STATE OF ) ss: COUNTY OF The foregoing instrument was acknowledged before me by [ ] physical presence or [ 1 online notarization this day of , 2022 by the of BRICKELL CITY CENTRE PROJECT, LLC, a Florida limited liability company as Trustee under Land Trust No. BCC-2012. He/She is personally known to me or presented as identification and who did not take an oath. 129253569;1} Page 22 of 34 61462135;1 Notary Public, State of NOTARY SEAL/ STAMP Print Name Signed, witnessed, executed and acknowledged this day of , 2022. Witnessed by: 700 BRICKELL CITY CENTRE, LLC, a Florida limited liability company BY: Print Name: Print Name Title: (Authorized Corporate Officer) ATTEST: CITY OF MIAMI, a municipal corporation BY: Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney Printed By: Name: 129253569;1} Page 23 of 34 61462135;1 Title: Printed: STATE OF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by [ ] physical presence or [ 1 online notarization this day of , 2022 by the of 700 BRICKELL CITY CENTRE, LLC, a Florida limited liability company. He/She is personally known to me or presented as identification and who did not take an oath. Notary Public, State of NOTARY SEAL/ STAMP Print Name 129253569;1} Page 24 of 34 61462135;1 Exhibit "A" (to Development Agreement) LEGAL DESCRIPTION OF THE AMENDED PROPERTY Site 1: Brickell City Centre North LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S, OF PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS BOOK 26161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Site 2: Brickell City Centre East PARCEL I: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15, IN BLOCK 106S, OF S.L. & J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS: THOSE PORTIONS OF LOTS 1, 9, 10, 11, 12, 13, 14, AND 15, BLOCK 106S, OF THE S.L. & J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORD OF MIAMI-DADE COUNTY, FLORIDA, LYING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGE 41 EAST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN NO2°16'51" W ALONG THE WESTERLY BOUNDARY OF SAID LOTS 9 AND 1, FOR A DISTANCE OF 299.90 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF SAID LOT 1; THENCE RUN N87°47' 15" E ALONG SAID NORTHERLY BOUNDARY OF LOT 1 FOR A DISTANCE OF 30.03 FEET TO A POINT OF CUSP AND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF S87°35'49" W; THENCE TURNING 180°, RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90°04'06" FOR AN ARC LENGTH OF 39.30 FEET TO A POINT Page 23 of 29 61462135;1 OF TANGENCY ON A LINE THAT IS 5.00 FEET EASTERLY AND PARALLEL WITH THE WESTERLY BOUNDARY OF SAID LOTS 1 AND 9; THENCE RUN S02°16'51" E ALONG SAID LINE THAT IS 5.00 FEET EASTERLY AND PARALLEL TO SAID WESTERLY BOUNDARY OF LOTS 1 AND 9, FOR A DISTANCE OF 234.80 FEET TO THE POINT OF BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°07'20" FOR AN ARC DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY AND A POINT ON A LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID LOTS 9, 10, 11, 12, 13, 14, AND 15-, THENCE RUN N87°35'49" E ALONG SAID LINE THAT IS 15.00 FEET NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 319.95 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 15-, THENCE RUN S02°16'51" E ALONG SAID EASTERLY BOUNDARY OF SAID LOT 15, FOR A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15-, THENCE RUN S87°35'49" W ALONG SAID SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. Site 3: Brickell City Centre West PARCEL I: LOTS 1, 2, 3 IN BLOCK S3S, OF AMENDED PLAT BOOK 38A AND THE NORTH 1/2 OF BLOCK 53S CITY OF MIAMI, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOTS 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, AND 24, IN BLOCK 53S, OF MAP OF MIAMI-DADE COUNTY, FLORIDA-, LESS THE SOUTH 10 FEET OF THE WEST 55 FEET OF SAID LOT 22 AND LESS THE SOUTH 10.00 FEET OF SAID LOTS 16,17, 19, 20, AND 21. LESS: THAT PORTION OF LOT 22, BLOCK 53S, OF THE MAP OF MIAMI-DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF S.W. 8TH STREET WITH THE WESTERLY RIGHT OF WAY OF S. MIAMI AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 87120-2513-, THENCE RUN SOUTH 87°42'43" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF A CIRCULAR Page 24 of 29 61462135;1 CURVE CONCAVE TO THE NORTHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 87°42'43" EAST; THENCE RUN NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 89°59'34" FOR A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY AND A POINT OF SAID WESTERLY RIGHT OF WAY LINE; THENCE RUN SOUTH 02°16'51" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, PER RIGHT OF WAY DEDICATION, RECORDED IN OFFICIAL RECORDS BOOK 12159, PAGE 482 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL II: THE EAST 50 FEET OF LOTS 10, 11, AND 12 IN BLOCK 53A, AMENDED PLAT OF BLOCKS 38A AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL III: THE EAST 50 FEET OF LOTS 13, 14, AND 15, BLOCK 53S, MAP OF MIAMI, DADE COUNTY, FLA., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE SOUTH 10 FEET THEREOF. Site 4: Brickell City Centre One BCC Lot 1, Less the Easterly 5 feet thereof, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 2, Less the Easterly 5 feet thereof, and all of Lots 3, 4, 12, 13, Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 14 and 15, of Block 106A, of MARY BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 113, of the Public Records of Miami -Dade County, Florida; Page 25 of 29 61462135;1 LESS AND EXCEPT therefrom that part thereof conveyed to the City of Miami for street and sidewalk purpose pursuant to that Warranty Deed recorded in Official Records Book 1790, Page 604, of the Public Records of Miami -Dade County, Florida, and being more particularly therein described as follows: Beginning at the Northeasterly corner of Lot 15, Block 106A, of the AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 113, of the Public Records of Miami -Dade County, Florida; thence run Southwardly along the Easterly line of Lots 15 and 14 of said Block 106A for a distance of 138 feet, more or less, to the Southeasterly corner of said Lot 14-, thence run Westwardly along the Southerly line of said Lot 14 for a distance of 30 feet to a point; thence run Eetwardly, Northeastwardly and Northwardly along the arc of a curve to the left, having a radius of 25 feet, through a central angle of 89°59'50" with an arc distance of 39.27 feet to a point of tangency; thence run Northwardly along a line 5 feet West of and parallel with the Easterly line of said Lots 14 and 15 for a distance of 113 feet to a point of intersection with the Northerly line of said Lot 15-, thence run Easterly along the Northerly line of said Lot 15 for a distance of 5 feet to the Point of Beginning. Said lands situate, lying and being in Miami -Dade County, Florida. AND TOGETHER WITH: Lots 5, 6, 8, 8 1/2, 9, 10 and 11, Block 106A, "AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI", according to the Plat thereof as recorded in Plat Book "B", Page 113 of the Public Records of Dade County, Florida, LESS therefrom a portion of the South 10 feet of said Lot 9 (as deeded to the City of Miami in Official Records Book 10551, Page 1004, of the Public Records of Dade County, Florida), said portion being more particularly described as follows: BEGINNING at the most Southwesterly corner of said Lot 9, said point of beginning being also on the North Right -of -Way Line of S.E. 8th Street; thence, along the West Line of said Lot 9, N.0°07'30"E. for 10.00 feet to its intersection with the North Base Building Line of said S.E. 8th Street; thence, along said Base Building Line, East for 10.61 feet to its intersection with the Northwesterly extension of the South Line of Block 106A; thence, along said South Line of said Block 106A, S.74°39'31 "E. for 37.80 feet to a point on the Northerly Right -of -Way Line of said S.E. 8th Street; thence, along said Right -of -Way Line and along the South Line of said Lot 9, West for 47.08 feet to the POINT of BEGINNING. Site 5: Brickell City Centre N2 LOTS 1 THROUGH 7, IN BLOCK 108 SOUTH, OF S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA-, LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 11810, PAGE 2274, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 26 of 29 61462135;1 EXHIBIT "B" (to Development Agreement) BRICKELL CITY CENTRE SAP REGULATING PLAN AND DESIGN GUIDELINES Original copies of the Brickell City Centre SAP Regulating Plan and the Design Guidelines are on file and available for public review at the Office of the City Clerk, City of Miami, located at 3500 Pan American Drive, Miami, FL 33133. Please refer to File ID and PZ for copies of the Brickell City Centre SAP Regulating Plan and the One BCC Alternate Concept Design Guidelines. These files were approved by the City Commission on , 2022 pursuant to Ordinance No. Page 27 of 29 61462135;1 EXHIBIT "C" (to Development Agreement) INSURANCE REQUIREMENTS BRICKELL CITY CENTRE PROJECT LLC-SWIRE I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 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 Contingent & Contractual Liability Premises & Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability 129253569;1} $1,000,000 61462135;1 Page 31 of 34 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 IV. Umbrella Policy/Excess Liability (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 B. Endorsements Required City of Miami listed as an additional insured V Owners & Contractor's Protective Each Occurrence General Aggregate City of Miami listed as named insured $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all 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 /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 129253569;1} Page 32 of 34 61462135;1 (nig of MUTT BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 884672 Transaction Date: Jun 13 2022 3:38PM Permit Number: PZ2214469 FEE SUMMARY Nicholas Barshel Development Agreement - 7 BRICKELL AV (305)982-5538 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-381 DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT 0.0000 N/A $4,250.00 HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 2.0000 UNITS $3,000.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 148.0000 NGH X HRGS $666.00 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 2.0000 UNITS $9.00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS 46.0000 NGH X HRGS $207.00 Total : $8,132.00 Rev. Jul/02/2012 Generated on Jun/13/2022 3:38 PM Department of Finance Online Payments Receipt Your Reference Number: 2022154002-152 06 / 03 / 2022 12:02:43 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2022154002-152-1 TRANS ID: 881430 BUSINESS NAME: COM Lien Search $4,250.0 $4,250.0 FEE NAME: DEVELOPMENT AGREEMEN OR MODIFICATION OF DEV LOPMENT AGREEMENT TOTAL AMOUNT: $4,250.0 PAYMENT American Express Credit Sale C *********** 1007 $4,250.00 T hI District 2 Downtown / Brickell Service Center City of Miami, Planning Departrnent Dade Heritage Trust Brickell Homeowners Association Brickell on the River Master Association, Inc. Brickell on the River North Tower Condominium Association, Inc. Brickell on the River South Tower Condominium Association, Inc. Downtown Development Authority Flagler District BID Omni -Downtown CRA Venetian Causeway Neighborhood Alliance Brickell Area Association 500 Brickell 500 BRICKELL WEST CONDOMINIUM One Thousand Venetian Way Condominiums, Inc. North Miami Avenue Preservation Association South Miami Homeowner's Association Fininvest The River Front Master Association, Inc. Spring Garden Civic Association Miami River Marine Group Miami River Commission Downtown Neighbors Alliance First Miami Presbyterian church The Honorable Ken Russell vonCarol Kinchens, Administrator Jacqueline Eillis - Chief of Land Christine Rupp, Executive Director Natalie Brown, Communications Director Attn: Maritza Gonzalez, Manager Management Office Attn: Jessie D. Ortega Christina Crespi Terrell Fritz Jason Walker, Executive Director Diana Martinez, President Mercy Perez, Administrative Secretary Alan Ragsdale Morton Ehrlich, President Christopher Macleod, President Colin Veter, President Simon Karam, President Michael Dubas Emie Martin Mark Bailey Brett Bibeau James Torres, President Martin Mola, Property Manager 3500 Pan American Dr. Miami, FI 33133 444 SW 2nd Ave, 10th Floor 444 SW 2 Ave 3rd floor Miami, FI 33130 190 SE 12th Terrace Miami, FL 33131 P.O. Box 45-2403 Miami, FI 33145 31 SE 5th Street, Box #1 - Miami, FL 33131 41 S.E. 5, Street, Suite 200 Miami, FL 33131 200 S. Biscayne Blvd. #2929 Miami, FL 33131 25 SE 2 Ave. Suite# 240 Miami, FI 33131 1401 N. Miami Avenue Miami, FL 33136 1030 North Venitian Drive Miami,FL 33139 1395 Brickell AVE Suite #108 Miami, FI 33131 55 SE 6th Street, Suite # 1104 Miami, FL 33131 1000 Venetian Way, Miami FL 33139 1035 N. Miami AVE #401 Miami, FL 33136 41 SW 18 Terrace Miami, FL 33129 6255 SW 133 Street Miami, FL 33156 92 SW 3rd Street # 100 Miami, FL 33130 1000 NW North River Drive #114 Miami, FL 33136 3033 NW North River Drive Miami, FL 33142 1407 NW 7th Street, # 2 Miami, FL 33125 121 Alhambra Plaza, loth Floor, Coral Gables 33134 609 Brickell Avenue Miami, FL 33131 (305) 250-5333 (305) 416-1744 (305) 416-1446 (305) 358-9572 (305) 446-3350 (305) 579-6675 (786) 200-9200 (305) 679-6800 N/A (305) 877-8687 (305) 903-0672 (786) 270-2500 (786) 270-2501 (305)374-5074 (305) 970-9797 (305) 858-6395 (786) 453-3220 (305) 325-8730 (305) 637-7977 (305) 644-0544 N/A (305) 371-3439 krussell@miamigov.com vkinchens@miamigov.com jellis@miamigov.com chris@dadeheritagetrust.org nbrown@brickellhomeowners.com MGonzalez@miamimana¢ement.com manager@borsouth.com christina.crespi@miamidda.com fritz@downtownmiami.net jwalker@miamigov.com diana@martineznava.com baa@brickellarea.com manager@500brickellmaster.com manager@1000venetian.com info@northmiamiavenue.org colin@miavenue.com simon@karamgroup.net manager@riverfrontmaster.com emestmartin2244@gmail.com markbai I ey@mi ami rivennari negroup. or miamiriver1@bellsouth.net DNA@MiamiDNA.org info@firstmiami.org