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HomeMy WebLinkAboutExhibit C Development AgreementDEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE MOST REVERED THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI REGARDING DEVELOPMENT OF THE PROPERTY LOCATED AT 3601, 3667, AND 3675 S MIAMI AVENUE This is a Development Agreement ("Agreement") made this day of , 2022, between The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami ("Wenski" or the "Owner"), and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"), collectively referred to as the "Parties" to this Agreement. RECITALS WHEREAS, Wenski is the fee simple owner of the property in Miami -Dade County, Florida, legally described in Exhibit "A", having street addresses of 3601 S Miami Avenue and 3667 S Miami Avenue, Miami, Florida (the "Main Campus Property"), and the property in Miami - Dade County, Florida legally described in Exhibit "B", having a street address of 3675 S Miami Avenue, Miami, Florida (the "Auxiliary Property"), (collectively, the "Property"); and WHEREAS, Wenski filed a Complaint on April 9, 2013 (amended on July 6, 2016) styled The Most Revered Thomas G. Wenski, as Archbishop of Archdioceses of Miami v. The City of Miami, FL, Miami -Dade County Circuit Court No. 2013-12523 CA 06 (the "Lawsuit") alleging violations by the City of the Bert J. Harris, Jr. Private Property Rights Protection Act as pertains to the Property; and WHEREAS, the City filed its Motion to Dismiss Amended Complaint on July 25, 2016, which Motion to Dismiss remains pending; and WHEREAS, Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Viscaya Museum and Gardens, a National Historic Landmark; and WHEREAS, the Parties have engaged in good faith settlement negotiations in an effort to resolve the Lawsuit; and WHEREAS, Section 70.001(4)(c), Florida Statutes, contemplates and enumerates various settlement mechanisms to resolve claims under the Bert J. Harris, Jr. Private Property Rights Protection Act and further provides that if a settlement offer is accepted, before or after filing an action, the governmental entity may implement the settlement offer by appropriate Development Agreement; and MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 1 WHEREAS, it is found that the relief granted herein protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property; and WHEREAS, the Parties have agreed to enter into this Agreement as part of the Settlement Agreement to resolve all claims asserted among them in the Lawsuit; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby understood and agreed: Section 1. Recitals. The above recitals are true and correct and are incorporated into and made a part of this Agreement. Section 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to all Parties and thus adequate consideration for this Agreement. Section 3. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof', "hereto", and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties agree that this Agreement shall not be more strictly construed against any individual party as all Parties are drafters of this Agreement; and (f) The attached exhibits shall be deemed adopted and incorporated into the Agreement. In the event of a conflict between the attachments and this Agreement, this Agreement shall control. Section 4. Definitions. Capitalized terms that are not specifically defined herein shall have the meaning given in the Zoning Ordinance. "Agreement" means this Development Agreement between the City and the Owner. "Auxiliary Property" means that real property having a street address of 3675 S Miami Avenue, Miami, Florida, as legally described in Exhibit "B". MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 2 "City" means the City of Miami, a municipal corporation of the State of Florida, and all departments, agencies, and instrumentalities subject to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive plan known as the Miami Comprehensive Neighborhood Plan ("MCNP") adopted by the City pursuant to Chapter 163, Florida Statutes, meeting the requirements of Sections 163.3177, 163.3178, and 163.3221(2), Florida Statutes, which is in effect as of the Effective Date of the Agreement. "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, the dividing of land into three (3) or more parcels, and such other activities described in Section 163.3221(4), Florida Statutes. "Effective Date" means the date of recordation of the fully -executed, original version of this Agreement. "Existing Zoning" means the applicable zoning designation and land development regulations of the Zoning Ordinance; the Charter of the City of Miami, Florida, as amended; and the Code of the City of Miami, Florida, as amended in effect as of the time of the Effective Date. "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 federal, local or State government affecting the Development of Land. "Lawsuit" means the complaint filed by Wenski on April 9, 2013 (as amended on July 6, 2016) styled The Most Revered Thomas G. Wenski, as Archbishop of Archdioceses ofMiami v. The City of Miami, FL, Miami -Dade County Circuit Court No. 2013-12523 CA 06, alleging violations by the City of Miami of the Bert J. Harris, Jr. Private Property Rights Protection Act as pertains to the Property. "Main Campus Property" means that real property having street addresses of 3601 S Miami Avenue and 3667 S Miami Avenue, Miami, Florida, as legally described in Exhibit "A". "Miami 21" means the City of Miami's zoning code as adopted by Ordinance 13114, also known as the "Zoning Ordinance". MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 3 "Owner" means The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami and includes any successor in interest and assigns, also known as "Wenski". "Parties" means the Owner and the City. "Property" means that real property having street addresses of 3601 S Miami Avenue, 3667 S Miami Avenue, and 3675 S Miami Avenue, Miami, Florida, as legally described in Exhibit "A" and Exhibit "B". "Public Facilities" mean major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational facilities, streets, parking, and health systems and facilities. "Wenski" means The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami and includes any successor in interest and assigns, also known as "Owner". "Zoning Ordinance" means the City of Miami's zoning code as adopted by Ordinance 13114, also known as "Miami 21". Section 5. Purpose. The purpose of this Agreement is for the City to authorize the Owner to redevelop the Property pursuant to the provisions contained herein for purposes of resolving all claims asserted or which could have been asserted between the Parties in the Lawsuit. This Agreement will establish, as of the Effective Date, the land development regulations that will govern the Development of the Property, thereby providing the Parties with additional certainty during the Development process. Section 6. Intent. The Owner and the City intend for this Agreement to be construed and implemented so as to effectuate this Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government Development Agreement Act, Sections 163.3220 - 163.3243, Florida Statutes. Section 7. Applicability. This Agreement only applies to the Property as identified and legally described in Exhibit "A" and Exhibit "B," attached and incorporated. Section 8. Term of Agreement, Effective Date, and Binding Effect; Covenant Running with the Land. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the public records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida Statutes. 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 Owner, its successors, assigns, heirs, grantees, legal representatives, and personal representatives. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium ownership interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 4 release or amendment for properties in a condominium form of ownership after City approval as discussed herein. Section 9. Zoning and Permitted Development Uses and Density. The Property has a zoning designation of "CI" (Civic Institution) pursuant to the official Zoning Atlas of the City. The Property may be developed with those Uses and Density permitted within the CI zoning designation pursuant to Table 3, Article 4 of Miami 21 under the Existing Zoning. Section 10. Permitted Development Intensities. Section 5.7.2 of Miami 21 states that within the CI zoning designation, the "expansion of any existing Civic Institutional Use by less than twenty percent (20%) may be permitted By Right," while other development in the CI zone is permitted only by Exception. Notwithstanding these provisions, the existing Civic Institutional Uses located on the Main Campus Property may be expanded by up to, and not to exceed, a total of 144,000 square feet beyond the existing floor area on site By Right. This expansion shall not be located within the View Shed Zone identified in Section 3.5.5 of Miami 21. A conceptual site plan demonstrating possible Development and building massing on the Main Campus Property within the 144,000 square -foot limitation is attached as Exhibit "C". This site plan is for demonstrative purposes only, to illustrate theoretical Development on the Main Campus Property. The Owner is in no way obligated to develop the Main Campus Property in accordance with Exhibit "C". The Auxiliary Property shall not be subject to the 144,000 square -foot limitation applicable to the Main Campus Property. Notwithstanding any provisions of the Existing Zoning to the contrary, the Auxiliary Property may be developed as described within this Agreement. The Auxiliary Property may be developed with an 8-story building at a maximum Height of eighty-seven feet (87'), as measured from the Base Flood Elevation plus Freeboard pursuant to Section 3.5.1 of Miami 21. The Auxiliary Property may be developed with an Assisted Living Facility ("ALF") Use, a type of Community Support Facility as defined in Miami 21, only if the Auxiliary Property is developed in substantial compliance with the plans attached and incorporated as Exhibit "D", which contemplate an ALF and ancillary Uses within an 8-story building at a Height of eighty-seven feet (87') with a total of approximately 189,575 square feet of floor area. Minor Modifications to the plans may be approved by the City's Planning Director consistent with Section 7.1.3.5.c. of Miami 21. Any ALF on the Auxiliary Property must also comply with Florida Statutes Section 429.01, et seq. and must be licensed by the Agency for Health Care Administration "AHCA", or its successor. Notwithstanding any provisions to the contrary in Miami 21, any ALF on the Auxiliary Property may be developed by Right and without regard to any minimum distance requirements applicable to ALFs under Miami 21. If the Owner does not develop the Auxiliary Property in substantial compliance with the plans as described in the Section, the Property may only be developed pursuant to Existing Zoning Provisions including but not limited to any requirement for an Exception, except for Height and stories which may be as described in the Section. Section 11. Building Height. Development on the Main Campus Property will comply with all Existing Zoning Height restrictions for the CI zoning designation, including but not limited to the provisions of Section 5.7.2.4(b) and Section 3.5.5 of Miami 21 under the Existing Zoning. Notwithstanding any provisions to the contrary in Existing Zoning, Development on the Auxiliary Property is permitted to have a maximum Height of eighty-seven (87) feet and a maximum "story" MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 5 height of eight (8) stories, as measured from the Base Flood Elevation plus Freeboard pursuant to Section 3.5.1 of Miami 21. This maximum Height for Development on the Auxiliary Property complies with the provisions of Section 3.5.5 of Miami 21. A diagram of the maximum Height permitted on the Property per Sections 3.5.5(a) and (b) of Miami 21 is contained on the site plan included in Exhibit "C". Section 12. Compliance with Existing Zoning. All Development must comply with the Existing Zoning, except for those explicitly modified in this Agreement. Section 13. Consistency with Comprehensive Plan. The City finds that Development of the Property in conformity with the Existing Zoning and is consistent with the Comprehensive Plan. In the event that the Existing Zoning or the Comprehensive Plan requires Owner to provide additional Public Facilities to accommodate the Development, Owner will provide such Public Facilities, at Owner's sole cost and expense. Section 14. Future Development. Development on the Property is intended to be developed in accordance with the Comprehensive Plan, the Existing Zoning, and this Agreement where Development regulations differ from the underlying zoning regulations of the Existing Zoning. The criteria to be used in determining whether future Development shall be approved are the proposed Development's consistency with the Comprehensive Plan, the Existing Zoning, and this Agreement. The Comprehensive Plan, the Existing Zoning, and this Agreement shall govern Development of the Property for the duration of this Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Property only if the determination(s) required by Section 163.3233(2), Florida Statutes, have been made at a public hearing. Section 15. Local Development Permits. Development on the Property may require additional permits or approvals from the City, County, State, or Federal government and any division thereof. Subject to required legal processes and approvals, the City shall make a good faith effort to take all reasonable steps to cooperate with and aid in facilitating all such City approvals. Such approvals include, without limitation, the following approvals and permits and any successor or analogous approvals and permits: (a) Waiver(s), Warrant(s), Exception(s), Variances, and SAP Permits; (b) Subdivision plat or waiver of plat approvals; (c) Covenant in Lieu of Unity of Title or Unity of Title acceptance or the release of existing unities or covenants; (d) Building permits; (e) Certificates of use or occupancy; (f) Stormwater Permits; and (g) Any other official action of the City having the effect of permitting development of the Property. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 6 The Owner may make minor modifications to the site plan for the Auxiliary Property attached as Exhibit "D" in order to satisfy comments or conditions provided by the City in the process of obtaining any of the above -referenced approvals. Section 16. Utilities and Easements. The Owner understands and agrees that the utilities presently serving the Property may be insufficient for future Development on the Property. The Owner agrees that it will, at its sole cost and expense, make any and all changes, improvements, alterations, or enhancements to these facilities as necessary or appropriate to provide the required level of service to the Property in order to comply with applicable laws without materially diminishing the service to other properties within the City. The Owner also understands and agrees that no Development will encroach upon any existing easements, including platted easements, unless otherwise permitted by law. Section 17. Compliance With Florida Building Code, Florida Fire Prevention Code, and all Applicable Laws. The Owner shall at all times in the Development of the Property comply with all applicable laws, ordinances, and regulations including but not limited to the Florida Building Code and Florida Fire Prevention Code to ensure the safety of the Development and all City residents and guests. Specifically, and without limitation, the Owner will install and construct all fire safety equipment and water lines required pursuant to all applicable laws. Section 18. Annual Review. (a) Owner shall provide the City on an annual basis a status and annual report of the Development of the Property in order for the City to conduct an annual review of the Development. The annual report shall contain a section by section description of Owner's compliance with its obligations under this Agreement. This annual report requirement shall commence twelve (12) months after the Effective Date of this Agreement. (b) During its annual review, the City may ask for additional information not provided by Owner. Any additional information required of Owner during an annual review shall be limited to that necessary to determine the extent to which Owner 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 Owner has not proceeded in good faith to comply with the terms of the Agreement, the City may terminate or amend this Agreement after providing thirty (30) days written notice to Owner and after two (2) public hearings before the City Commission. Section 19. Notice. All notices, demands, and requests which are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by personal service or sent by United States Registered or Certified Mail, return receipt requested, postage prepaid, or by overnight express delivery such as Federal Express, to the Parties at the addresses listed below. Any notice given pursuant to this Agreement shall be deemed given when received. Any actions required to be taken hereunder which fall on a Saturday, Sunday, or United States legal holiday shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday, or legal holiday. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 7 To the City: City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 10th Floor Miami, FL 33130 With a copy to: City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 and Planning Director City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 3rd Floor Miami, FL 33130 To the Owner: David Prada AIA, LEED AP Senior Director Building and Properties Office 9401 Biscayne Boulevard Miami Shores, FL 33138 With a copy to: Javier F. Avifio, Esq. Bilzin Sumberg Baena Price and Axelrod, LLP 1450 Brickell Avenue, 23rd Floor Miami, FL 33131 Any party to this Agreement may change its notification address(es) by providing written notification to the remaining Parties pursuant to the terms and conditions of this Section. Section 20. Multiple Ownership. The Owner shall have the right to develop the Property in phases, to sell or lease portions of the Property to any third party, to condominiumize Developments on the Property (or portions thereof), and/or to enter into joint ventures for Development of the Property with third parties. In the event of multiple ownership subsequent to the approval of the Agreement, each of the subsequent owners, mortgagees, and other successors having interest in the Property (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Agreement as covenants that run with the Property. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 8 Section 21. Modification. The provisions of this Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time only by recorded instrument executed by the Owner and the City after two (2) public hearings before the City Commission in accordance with Florida Statutes, Section 163.3225. Notice shall be provided to all properties within five hundred (500) feet of the Property and any parties registered with the Coconut Grove Neighborhood Enhancement Team (or any successor) by the Owner by certified mail, return receipt requested at the Owner's sole cost. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. If the Property is submitted to condominium ownership, then the association or other entity designated to represent all of the condominium interests as to the Property, as may be applicable, shall be the proper entity or entities to execute any such instrument described herein for properties in a condominium form of ownership after approval by the City and public hearings before the City Commission. In addition, pursuant to Section 163.3241, Florida Statutes (2017), if State or Federal laws are enacted after the execution of this Agreement which are applicable to and preclude the Parties' compliance with its terms, this Agreement shall be modified or revoked as provided for in this Section as is necessary to comply with the relevant State or Federal laws. Any modification shall be in writing and signed by the Parties. Section 22. Enforcement. The City and the Owner shall have the right to enforce any of the provisions of this Agreement. Enforcement shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, to restrain violation, to recover damages, or all of the above. Each party to any such action shall bear its own attorneys' fees and costs. This enforcement provision shall be in addition to any other remedies available at law, in equity, or both. Additionally, the City may enforce this Agreement by any means allowed by law, including but not limited to injunction or via Chapter 2, Article X of the City Code. Section 23. 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 24. Authorization to Withhold Permits and Inspections. In the event the Owner is obligated to make payments or improvements under the terms of this Agreement or to take or refrain from taking any other action under this Agreement and such obligations are not performed prior to the expiration of any applicable notice and/or cure period, in addition to any other remedies available, the City is hereby authorized to withhold any further permits for the Property and refuse any inspections or grant any approvals with regard to any portion of the Property until such time this Agreement is complied with. This remedy shall be in addition to any other remedy provided for in this Agreement. Section 25. Indemnity. Owner agrees to indemnify, defend, and hold harmless the City from and against any and all claims, suits, appeals, demand, liabilities, and causes of action of any nature by or on behalf of any person, firm or corporation, against the City relating to or arising from this Agreement or relating to or arising from any Development on the Property pursuant to this Agreement and from and against all costs, fees, expenses, liabilities, any orders, judgments, or MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 9 decrees which may be entered and from and against all costs for attorneys' fees, expenses, and liabilities incurred in the defense of such claim or in the investigation thereof. In the event that any action or proceeding is brought against the City by reason of a claim, Owner, upon notice from the City, shall, at its expense, defend the action or proceeding by counsel chosen by the City, including the City Attorney's office or outside counsel. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. Section 26. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by all 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 of 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 the Owner shall each have the right to specific performance of this Agreement in court. If an action is brought in a court of competent jurisdiction, each Party shall bear its own attorneys' 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 27. Severability. Invalidation of any of the sections in this Agreement by judgment of court in any action initiated by a third party in no way shall affect any of the other provisions of this Agreement, which shall remain in full force and effect. Section 28. Events of Default. (a) The Owner shall be in default under this Agreement if the Owner fails to perform or is in breach of any term, covenant, or condition of this Agreement which is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach. If such breach cannot reasonably be cured within thirty (30) days, then the Owner shall not be in default if it commences to cure such breach within said thirty (30) day period, diligently prosecutes such cure to completion, and notifies the City in writing of its attempt to comply. If such breach cannot be cured within an additional ninety (90) day period, the Owner shall request written consent from the City to extend the cure period beyond the additional ninety (90) days. The City shall provide a written response to said request within ten (10) days of receipt. If the City fails to provide a written response within ten (10) days, the cure period shall be deemed automatically extended for an additional ninety (90) days. (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 the Owner MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 10 specifying the nature of such breach. 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, diligently prosecutes such cure to completion, and notifies the Owner in writing of its attempt to comply. If such breach cannot be cured within an additional ninety (90) day period, the City shall request written consent from the Owner to extend the cure period beyond the additional ninety (90) days. The Owner shall provide a written response to said request within ten (10) days of receipt. If the Owner fails to provide a written response within ten (10) days, the cure period shall be deemed automatically extended for an additional ninety (90) days. (c) It shall not be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction after a Development pursuant to this Agreement has been built. 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. (d) The default of any Owner, successor, or Owner of any portion of the Owner's rights hereunder shall not be deemed a breach by any other Owner, any other successor, of any portion of the rights of the Owner hereunder or any other successor. Section 29. Remedies Upon Default. (a) Neither party may terminate this Agreement upon the default of the other party, except as specifically provided in this Agreement, but shall have all of the remedies enumerated herein. (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Owner 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. If an action is brought in a court of competent jurisdiction to seek specific performance, each Party shall bear its own attorneys' fees. Section 30. 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 four (4) 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 termination of this Agreement; (iii) the indemnity and defense provision stated herein; and (iv) 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. In no event shall this Agreement terminate early other than for those reasons stated in this Agreement. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 11 Section 31. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the Parties nor its employees, agents, contractors, subsidiaries, divisions, affiliates, or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of the Owner or its subsidiaries, divisions, or affiliates. Section 32. Cooperation. (a) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The City shall use its good faith efforts to expedite the permitting and approval process in an effort to assist the Owner in achieving its Development and construction milestones unless the provisions of Section 21 of this Agreement apply. The City will accommodate requests from the Owner or the Owner's general contractor and subcontractors for review of phased or multiple permitting packages, as allowed by law or as approved by the Building Official in consultation with the Planning Director or any other relevant city officials, consultants or third parties, such as those for excavation, site work and foundations, building shell, core, and interiors. (b) Notwithstanding the foregoing, the City shall not be obligated to issue Development permits to the extent the Owner does not comply with the applicable requirements of the Zoning Ordinance, the Comprehensive Plan, this Agreement, or any applicable codes, laws, statutes, regulations, or orders. Section 33. Recording. This Agreement shall be recorded in the Public Records of Miami - Dade County, Florida by the Owner and at the Owner's sole expense and shall inure to the benefit of the City. Copies of the recorded Agreement shall be provided to the City Manager, Planning Director, City Clerk, and City Attorney within two (2) business days of recording. Section 34. Successor(s), Assigns, Heirs, Grantees, and Designees. The covenants and obligations set forth in this Agreement shall run with the Property and extend to the Owner, its successor(s), heir(s), grantee(s), and/or assigns. Nothing contained herein shall be deemed to be a dedication, conveyance, or grant to the public in general nor to any persons or entities except as expressly set forth herein. Section 35. Time. Time shall be of the essence for the performance of all obligations of the Owner and the City under this Agreement. Whenever this Agreement provides for or contemplates a period of time for performance of any obligation, such time period shall be calculated using calendar days, except when such time period is expressly stated to be calculated in business days. Any date in this Agreement which falls upon a Saturday, Sunday, or federal legal holiday shall be deemed to be extended to the next business day. The term "business day" as used in this Agreement means any day that is not a Saturday, Sunday, or federal legal holiday. Section 36. Limitation of Liability. In no event shall any of the officers, directors, shareholders, partners, members, managers, employees, elected officials, attorneys, or agents of MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM 12 either party or any subsidiaries or affiliates of either party ever be personally liable for any judgment against either party under this Agreement. Section 37. Estoppel. The City shall, within thirty (30) days of its receipt of a written request from the Owner, provide the Owner with a written estoppel certificate duly executed stating (a) to the best of the City's knowledge, whether the Owner is in default or violation of this Agreement and setting forth with specificity the default or violation (if any); (b) that this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate; and (c) such other information as may be reasonably requested by Owner or any prospective purchaser or lender. Such estoppel certificate shall be certified to the Owner and any prospective purchaser and/or lender, as applicable. Section 38. Counterparts/Electronic Signature. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM [SIGNATURE PAGES TO FOLLOW] 13 IN WITNESS WHEREOF, these presents have been executed this day of , 2022. Signed, Sealed, and Delivered in the presence THE MOST REVERED THOMAS G. of: WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI By: Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE Name: Title: Dated: The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 2022, by , as of The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami. She/He is ( ) personally known to me or ( ) produced a valid driver's license as identification. My Commission Expires: MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM Notary Public: Sign Name: Print Name: [NOTARIAL SEAL) 14 IN WITNESS WHEREOF, these presents have been executed this day of , 2022. ATTEST: CITY OF MIAMI, a municipal corporation Todd Hannon, City Clerk BY: APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, City Attorney MIAMI 9218929.6 73664/42965 6/16/2022 9:03 AM Arthur Noriega, City Manager 15 EXHIBIT "A" LEGAL DESCRIPTION (MAIN CAMPUS PROPERTY) Folio # 01-4114-005-0063 Commence at the most Westerly comer of Tract 4 of "VIZCAYA-JAME5 DEERING ESTATE' according to the Plat thereof recorded in Plat book 34 at Pane 46 of the Public Records of Dade County, ILLlorida; thence North 52 degrees 47 minutes 45 seconds East. along the Northwesterly boundary of the said Tract 4, far a distance of 40 feet to the Point of Beginning of the parcel of land herein described; thence South 37 degrees 12 minutes 15 seconds East, parallel to the southwesterly boundary of the said Tract 4, fora distance of 725.00 feet; thence 'Ncrt.n 52 degrees 47 minutes 45 seconds East fora distance of 323.G0 feet; thence North 37 degrees 23 ,mutes 57 seconds West for a distance of 50.00 feet; thence North 52 degrees 47 minutes 45 seconds East for a distance of 4. 12 feet; thence North 37 degrees 12 m rLtes 15 seconds West for a distance of G65.00 feet to a point on the Northwesterly boundary of the said Traci. 4; thence South 52 degrees 47 minutes 45 seconds West, along the Northwesterly boundary of the saki •:act 4, fo- a distance of 327.52 feet to the Point of beginning. Folio # 01-4114-005-0051 A PORTION C T 4, ACCORDING TO THE PLAT OF "VIZCAYA JAMES DEERING ESTATE", AS RECORDED IN PLAT BOOK 34 AT PAGE 4G, Of THE PLBJC RECORDS Of MIAMI-DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A5 F0LL0W5: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT 'A', ACCORDING TO THE PLAT OF "MERCY HOSPITAL", A5 RECORDED IN PLAT BOOK 148 AT PAGE 5 I , OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR 1060.00 FEET; THENCE NORTH 07 DEGREES 47 MINUTES 45 SECONDS EAST FOR 56.57 FEET; THENCE SOUTH 82 DEGREES 12 MINUTES 15 SECONDS EAST FOR 431.34 FEET; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR 74.28 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; SAID LAST DESCRIBED FOUR COURSES BEING COINCIDENT WITH THE NORTHEASTERLY BOUNDARY LINES Of 5AID TRACT 'A', A5 SHOWN ON THE SAID PLAT OF "MERCY H05PITAL"; THENCE NORTH 36 DEGREE5 49 MINUTES 01 SECONDS EA5T FOR 123,77 FEET; THENCE SOUTH 89 DEGREE5 56 MINUTES 17 5ECOND5 EA5T FOR 188.78 FEET TO A POINT OF CURVATURE; THENCE 50UTHEA5TERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 42.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 16 MINUTES 1 5 SECONDS FOR AN ARC DISTANCE Of 38.32 FEET TO A POINT Of REVERSE CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 52.00 FEET AND A CENTRAL ANGLE Of 33 DEGREES 35 MINUTES 23 SECONDS FOR AN ARC DISTANCE OF 30.49 FEET TO A POINT COMPOUND CURVATURE; THENCE SOUTHEASTERLY, EA5TERLY AND NORTHEA5TERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 56 DEGREE5 36 MINUTES 43 5ECOND5 FOR AN ARC DISTANCE OF 34.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 52 DEGREES 07 MINUTES 55 SECONDS EAST FOR 30.35 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE L.EfT, HAVING A RADIUS 0f 15.00 FEET AND A CENTRAL ANGLE Of 27 DEGREES 2 I MINUTES 09 SECONDS f0R AN ARC DISTANCE Of 7.16 fEET TO A POINT Of COMPOUND CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 44.00 FEET AND A CENTRAL ANGLE OF 16 DEGREES 55 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF 13.00 FEET TO A POINT ON SAID CIRCULAR CURVE; THENCE NORTH 56 DEGREE5 16 MINUTES 27 5ECOND5 EAST FOR. 22,98 FEET; THENCE 50UTH 33 DEGREE5 34 MINUTE5 35 5ECOND5 EA5T FOR 99.89 FEET; THENCE NORM 65 DEGREES 17 MINUTES 16 5ECOND5 EAST FOR 9.27 FEET; THENCE 50UTh 33 DEGREES 34 MINUTES 35 5ECOND5 EAST FOR 68.98 FEET: THENCE SOUTH 23 DEGREES 44 MINUTES 4 I SECONDS WEST FOR 7.74 FEET: THENCE SOUTH 32 DEGREES 20 MINUTES 53 SECONDS WEST FOR 16.35 PEST: THENCE SOUTH 31 DEGREES 58 MINUTES 15 SECONDS EAST FOR 84.37 FEET; THENCE 50U r 25 DEGREES 22 MINUTES 14 SECONDS WEST FOR 47.44 FEET; THENCE SOUTH 54 DEGREES 03 MINUTES 23 SECONDS WEST FOR 321.25 FEET; SAID LAST DESCRIBED TWO COURSES BENG COINCIDENT WITH THE METROPOLITAN DADE COUNTY BULKHEAD LINE AND UNITED STATES HARBOR LINE, A5 51-10M ON TH-: ='AT OF "METROPOLITAN DADE COUNTY. FLORIDA BULKHEAD LINE PART THREE", A5 RECORDED IN PLAT 500K 74 AT PAGE 3, Or -If PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 37 DEGREES 12 MINUTES 15 SECONDS WEST, ALONG THE NORTHEASTERLY BOUNDARY LINE Of SAID TRACT "A" AS SHOWN ON THE SAID PLAT Of "MERCY HOSPITAL", FOR 427.81 FEET TO THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 14, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY 0f MIAMI, MIAIVI-DADE COUNTY, FLORIDA. MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM EXHIBIT "B" LEGAL DESCRIPTION (AUXILLARY PROPERTY) Folio # 01-4114-005-0061 A PORI7ON OF TRACT 4, "k?ZCAYA-JAMES DEERING ESTATE; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, AT PAGE 46, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• COMMENCE AT THE MOST WESTERLY CORNER OF SAID TRACT 4, OF THE SAID PLAT OF "VIZCA YA-JAMES DEERING ESTATE';• THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST ALONG THE SOUTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "N+ZCAYA-JAMES DEERING ESTATE' FOR 725,00 FEET THENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS EAST PARALLEL TO THE NORTHWESTERLY BOUNDARY OF TTIE SAID TRACT 4, OF THE SAID PLAT OF "I4ZCAYA-JAMES DEERING ESTATE; FOR 4000 FEET TO THE POINT OF BEGINNING OE THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST ALONG A LINE THAT 1S PARALLEL WITH AND 40.00 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VIZCAVA-JAMES DEERING ESTATE; FOR 237224 FEET• THENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS EAST PARALLEL TO THE NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VIZCAYA-JAMES DEERING ESTATE", FOR 324.412 FEET, THENCE NORTH 37 DEGREES 23 MINUTES 15 SECONDS WEST FOR 237226 FEET; SAID LAST THREE DESCRIBED COURSES ALSO BEING ALONG' THE BOUNDARY LINES OF TRACTS A" AND C' AS SHOWN ON THE PLAT OF "MERCY HOSPITAL' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 52 DEGREES 47 MINUTES 45 SECONDS WEST PARALLEL TO 1HE NORTHWESTERLY BOUNDARY OF 1HE SAID TRACT 4, OF THE SAID PLAT OE 14ZCAYA-JAMES DEERING ESTATE; FOR 32360 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 14, TOWNSHIP 54 SOUTH,, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM EXHIBIT "C" [See following page.] MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM — �� x 7T1IIttT Ra �• 0 III jj as l 4 +°I \/ e#440 AFFECTED AREA goal / EI \. a ® J 1 (6LA BELOW TO HT z f 1SMAX.B 1 TORY 8,66 s F. • �, �� `au 09 Aao ET 0� FT MAX BLDG HT 2TOTAL O 5 j =65�0SF"BBF AFFECTEDw.AREA E6 750 FT. O_ � ]� ~ e50 FT. PROPOSED PHASE :DEVELOPMENT PROP —J L� . IIII IIII x- / \ L €, A FUTURE OM BUILDING i40 FT )'' SF (35TORY,t2➢ OSF(2 t- THIRD LATE 950 FT STORFT — — — ��. 4- ...—I•x'FlUT c�hrsa''{ SF(2 STORY, t20 FT) D. CLASSROOMS, T SF STORY, F ROOF TERRACE E. FUTURE CLASSROOM BUILDING 14,400 SF(2 STORY, t20 FT) XF 5 - - - .mn - -- - 105➢FT. TOTAL 152,000 SF SITE PLAN: - _ - - 1150 FT. SCALE: 1" = 100 FT 2550 FT 2450 FT 2350 FT 2250 FT 2150 FT 2050 FT 1950 FT 1850 FT 1750 FT 1650 FT 1550 FT 450 FT - - �B50 FT. DISTANCE 1250 FT. FROM ORIGIN BISCAYNE BAY ELEVATION: EXISTING EXISTING MERCY EXISTINGMERHOSPITAL D.FuTURE GARAGE, BFUTURE ERMITA EXISTING MA wBUIDING SCALE: 1" = 100 FT ----_-------__�BFT MAXIMUM HEIGHT PLANE AT 61 ANGLE FROM NHL FINISH FLOOR ELEVATION OFNAND PER MIAMI 21, ART ILL SECTION 355 AND CARROLL MANOR 6e0FT.-,130FT. PROFESSIONAL w ARTS BUILDING FT. — (2)AS CLASSROMS, ROOF TERRACE MET NG 00Ms,20 FT F60 FT. M E TING ROOMS.20 FT 1 STORY.85 FT BSTORY ,BOFT. 3STORY LASSROOM tail FT. ABLE CONSTRUCTION HEIGHT ABOVE FEMA BASE FLOOD ELEVATION OF IBONGVD. (1( _ — �— ----__ e MAX HEIGHT PLANE 61ANGLE FOOTNOTES`,,T.,... 6`9 I BASE FLOOD ELEVATION FOR ZONE AE-1aoNGVO _ PLUS1 FOOT 2 GARDENS MHL)FN ELEVATION DERIVED FROMSURVEY BY NANUEL t021301.L AI4NOR 'FR= HOSPITAL s1/L iN _ uL.n T.. L. sALLE s 100I. SII I. WILL A /=,-.. . SI IIFLOOR 6Fl REVISIONS Frl u A-101 SITEPLAN EXHIBIT "D" [See following page.] MIAMI 9218929.6 73664/42965 6/16/2022 8:43 AM ARCHDIOCESE OF MIAMI HEALTH PLAN VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 APRIL 29th, 2020 GMPA Project No. 20013.00 ARCHITECT GURRI MATUTE PA 5001 SW 74th Court Suite 208 Miami Florida 33155 305 661 0069 AA 0003454 I B 0001241 uEr.;iG n LANDSCAPE ARCHITECT GSLA DESIGN, INC 17670 NW 78th Avenue, Suite 214 Miami, FL 33015 T 305 392 1016 DRAWING INDEX SHEET SHEET NAME DESIGN SUBMISSIO COVER DEMOLJTION SITE PLAN SITE PLAN AND DATA GROUND FLOOR PLAN BUILDING ELEVATIONS BUILDING ELEVATIONS BUILDING SECTION & CALLOUTS CONTEXT PLAN 3D VIEWS EXISTING TREE DISPOSITION PLAN HARDSCAPE LAYOUT PLAN PLANTING PLAN LANDSCAPE SPECIFICATIONS AND PLANTING DETAILS 3 5 WEST VIEW TO PROPERTY FROM HALISSSEE ST SOUTH VIEW TO PROPERTY FROM HALISSSEE ST EAST VIEW TO PROPERTY FROM PROFESSIONAL MEDICAL BUILDING LOCATION SKETCH NORTH w TO PROPERTY FROM HALISSSEE ST VIEW SOUTH WEST VIEW TO PROPERTY FROM HALISSSEE ST EAST VIEW TO PROFESSIONAL MEDICAL BUILDING LEGEND -----'— Mmecl See EGstng Pe,.ma LM I Te kI„'6 n,e, .een sF ► sae PwMF THT, �ao� ree ab cr. Point of Beginning Point of Commencement Most Westerly Corner, Tract 4, 'Vizcaya -dames Deering Estate' Plat Book 34, Page 46 e 4 237226' 237224' Aar for bL film DEMOLITION SITE PLAN 1"=20'-0" Tract "C" (i48-53) 6-55" Roofed Crewel Trost "C" (148-51) (Private Road) Mercy Road 6'CRS Asphalt Post oev. eAe' oft.. to irre S37°12756E Southwesterly Line, Tract 4 (P.6 34, Pg. 4641 Ne 3 2'5' Cmerele Romp 1 $ 16 C �s mr y urc smt<p Trod A" (48-5 J -PROJECT TEAM LANDSCAPE ARCHITECT PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL o. mc sz s e6 'sr...... a F?ED P OARCHITECT O'F RECORD REVISIONS SHEET TITLE. DEMOLITION SITE PLAN PROJECT PHASE DATE ISSUED 04 20 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME D-01 - 1 - MIAMI 21 ZONING MAP PROPERTY LOCATION CI ADJACENT PROPERTY, mrnN 2-BIRD EYE VIEW 3 - GENERAL SITE INFORMATION DESCRPTION VALUE LOT COVERAGE 43% L1"OT -0"VERAGE AND OPEN SPACE30'CO MIAMI 21 CODE PROVIDED COMMENTS IRANSECT TONE 22.1.2 CI 1E5 T5 EXCEPTION 5 72 La LOT AREA 55 IN TON SP-LOANSF WOW SF M76 ACRES, MAX DENSE)/ UNIESECRE 167 ROOMS MAX LOT COVERAGE 55 IN OWL 496 72SE MAX a,�os sF 14.1 ARQC LE 4, TABLE 2 ILIN OPEN SPACE 10 %LOT AREA MIN ARQC LE 4, TABLE 2 10% LOT AREA MIN SUSTANABILITY LR,0m SF HABITABLE SPACE =TEED >SENIOISF HABITABLE SPACE TOTAL BUILDING AREA TOTAL BUILDING AREA MOUT PARKING PARKING AREA 139,75 SF O4m5 SF 4 - BUILDING HEIGHT (STORIES) DESCRPTION VALUE MIAMI 21 CODE PROVIDED COMMENTS PRICIPAL BUILDING ARQC LE 4, TABLE 2 AX OUT BUILDING ARQC LE 4, TABLE 2 ARQC LE 4, TABLE 2 LOCATION SKETCH 5 - PROJECT FLOOR CALCULATIONS BY USE ILLUSTRATION SG URBAN CORE TBANSECTZONE WOWS BUILDING PLACEMENT DESCRIPTION -- a Nao TI�II ¢. t'aell=NTtVe=/7r teaa Ita ,MEa'""t,N�� H,�NM PARKING PLACEMENT 6-SETBACKS _.__ DESCRIPTION REQUIRED/ALLOWED ED PROVIDED PRINCPAL FRONT 10 FT MIN SECONDARY SO OFT MIN REAR DFTMIN OFT ABUTTING SIDE OR REAR TO OFT MIN BBFT BUILDING HEIGHT 7 - BUILDING FRONTAGE DESCRIPTION ALLOWED PROVIDED COMMON LAWN PROHIBITED NSA M PORCH &FENCE PROHIBITED NSA 7 .,. 1 I TERRACE OR LLPROHIBITED . FORECOURT PERMUTED NSA STOOP PERMUTED SHOPFRONT PERMUTED MAL, TiO ONLY NSA PER/AMID BY SAHEL AREA PLAN ARCADEGALLERY DBYGPECTILAREA PLAN N,A 8PARKINGDATA Asneveme AEAAaPPORTUSES ARE PERMS BLEPS LISTED INTABLE ASSISTED 1tiNGFACILITY NLR REQUIREMENT VALUE 21 CODE PROVIDED SPAES ACE FOR ARTICLE LEA I -,BSPAEB AA AES ACCESSIBLE PINDNDA) 2%0FPROIDED FRC ES 11 SPACES ADA STALLS FROA08DEBBMz 88.B ,AWE A�BLE LOADING WA WA WA 3 SPACES BICYCLE I PER EVERY LU CAR. SPACES ARTICLE, TABLE 4 IUU NU= Y 4 BIKES IU BIKES STALL DIMENSIONS FRC WA AISLE DIMENSIONS GARAGE ENTRY 70,810 8,174 SPACES 9 - REQUESTED WAIVER'S* CODE REFERENCE INFORMATION FAIR HOUSING DESIGN MAINAL 2•17 ONION OISETSTE AND BUXOM ,S ARE DESIGNED TO COMPLY WITH THE FAIR HOUSING REFERENCED IN THE FOC WHICH ARE ALSO TO BE FOLLOWED. —gurrimatule cur -PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 A �fD P. ARCHITECT O'F RECORD REVISIONS SHEET SITE PLAN AND DATA - ASSISTED LIVING FACILITY (ALF) PROJECT PHASE DATE ISSUED 0312,2020 DRAWN BY MPIRR REVIEWED BY VC DESIGNED BY FILE NAME A-01 LOBBY SE4116 PREP .ILII SEGONDARY FRONTr8.< ENTRANCE SEPIRP RrIGEPII 5.11 5.12 RAMP UP Ph 4 .o:EONo 5 6 BOOM630 •• N5i // an� a REA STAis FOU Al RAMP UP.11. GROUND FLOOR AREA HEIGHT GROUND FLOOR PARKING COUNT ADA PARKING 16,008SF 15'-0" 20 3 UNIT A (STUDIO) 480 830 SF 70 UNITS UNIT B (ONE BEDROOM) 688 SF 7 UNITS UNIT C ( TWO BEDROOMS) 844 SF 10 UNITS PATIENT ROOMS 227-247 SF 80 UNITS TOTAL UNITS 167 GROUND FLOOR 1116"= 1'-0" SCA. IN FEET —PROJECT TEAM GLALSCADEPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 TC, N0 923ea` ARCH TECT OF RECORD REVISIONS TITLE: SHEET GROUND FLOOR PLAN PROJECT PHASE DATE ISSUED 05128119 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-10 c- A O D E 48 47 46 45 44 43 42 41 40 39 38 37 0— 6°'°— 36 7 ED- E 10 33 32 31 30 29 28 27 26 25 24 23 22 Il14 n 70 I 71 RAMP UP 5.5 6 72 FROM SECOND TO THIRD 61 62 63 9 60 0 64 VVV� 59 0 65 0 66 58 0 0 67 57 0 0 68 Il 56 0 0 69 73 74 75 76 77 78 4 79 80 81 55 00 OPEN 54 53 0 0 52 00 51 0 0 3 RAMP UP 1 5.5% 4 FROM 2 GROUND 3 5_ TO t —SECOND 50 0 0 16 V// 0 17 & 4 9 0 0 18 9 20 21 7 II 8 II 9 I a 0 I 12 SE W ND LEVEL PARKING SCA. IN FEET SECOND FLOOR AREA HEIGHT SECOND FLOOR PARKING COUNT ADA PARKING 31,413SF 9'-6" 81 4 c- 2 5 I 0- 7 8 9 10 A O D E 54 53 52 5 50 49 48 0 47 46 45 44 43 0 42 0 41 40 39 38 37 36 35 34 33 32 31 30 29 28 66 67 68 9 65 0 69 V/// 70 6.64. DI 7 63 0I 72 62 0 I 73 t• 74 75 76 77 I 78 I 79 I 80 81 82 83 I 84 TEND WALL 61 0 1 AMP UP 1 60 01 5.5, 7 FROM 2 8 SECOND 3 I 59 0 I 19 58 0 I 20 57 0 I 2 4I 56 0 I 22 �V V� I 23 55 24 25 26 27 TO THIRD F 4 5 6 7 8 9 26. THIRD LEVEL PARKING SCA E IN FEET THIRD FLOOR AREA HEIGHT THIRD FLOOR PARKING COUNT ADA PARKING 31,957SF 9'-6" 84 4 NED LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 6.0 EaEo ARCHITECT O'F RECORD V11-91110=7Rel:1: RID 00, REVISIONS 2ND & 3RD LEVEL PARKING PROJECT PHASE DATE ISSUED 03 20 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-11 A O O O ■ 24=n7 108E ❑ ®❑ edFAF L— ::xT UNIT B 4„8F _ NIRO. roU aF ux�ALe a ueio uxna swe E® UN. Studio NSF NSF TERRACE 171 D o4 UN. Studio R.Agd, E® UUa.�d,o U�rA�d,o I Eo ®� ®® RRA.d,o RRA�d,o 1 U.A.F.G. szzsF T fi UN. Studio su sF E0 �RRA.�d,o R�ra�d,o Eo 52,e.I 1 xkp Ifs S a - J — lads F� ®®® �❑ I® UN.= L ',la = Eo Io R U■I mcsX1 1 Eh So NW C HU8F uou 1 ® E,0681 ent F sd R so o 1 so o SCALE IN FEET FOURTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'-0" 27 —0 CD— O —0 0 OREL UNRD Studio 52/ UNITA -0 1 525 —0 -— a I UN. SNdio 524 UN. SNdio 52.1 - 6 k —0 CD — 522 UN. SNdio UN. SNdio DF SF - CD 10 10 O UNITC STAIR UNIT dio UNIT DmuStudio UN. Studio 7 A,eeF fhb 8F 0 TH LEVEL 1s°vo° UNITC SCALE IN FEET FIFTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'-0" 30 c Q OREL Q L-I bbd MY 8F 64/ UNITO 648 UN. Studio bbf bbb UN. SNdio dio UN. SNdio UN. SNdio bbU UN. SNdio UN dio dio UN dio UN SNEo UNITO TERENCE 0 v1s°= s,T LEVv-oEL ° OREL SCALE IN FEET SIXTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10'-0" 30 NED -PROJECT TEAM LANDSCAPE ARCHITECT vow oslaTesion corn PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 • m�=s e6 • REVISIONS 4RD, 5TH & 6TH LEVEL RESIDENTIAL PROJECT PHASE DATE ISSUED 06104119 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-12 �H L v1sEVELvo° SCALE IN FEET SEVENTH FLOOR AREA HEIGHT UNITS PER FLOOR 23,849SF 12' 0" 40 aTH LEVEL SCALE IN FEET EIGHTH FLOOR AREA HEIGHT UNITS PER FLOOR 23,849SF 12' 0" 40 NED why/ gurrimaue co, —PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL • o.sza 996 • ARCHITECT O'F RECORD COPYRIGHT 2020 REVISIONS T TITLE. 7THE& 8TH LEVEL PROJECT PHASE DATE ISSUED 03.120 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-13 r I f 1 IIIL I1I�II�II�IUI�II�II�I�I�Iu� I�II�I�II�IUUU�III� _ EAST ELEVATION wesT � ELEVATION v16'=ro° 10 O O O 4 HEIGHT ROOF 98' PARAPET fl oo ROOF s 86' 6" 8TH LEVEL '6' ir■me•i■i■mmrm= -i =MMMOON •IVu E ■.uIUNMI ■.uulIuuuu19.uu MOM 1 MUM 111 illiMEA as u IIJ 1 iiiiT'1"1TTTfl 77 1 l W! !!1111■I'i l I I I . TTH LEVE6L �, , 6THLEVEL0 53' " 5TH LE 43'VEL6 ' 4TH L'VEL0 34- THIRD LEVEL PARK4ING 2- 6" SECOND LEVEL PARKING 1S'0" GROUND LEVEL SCALE IN FEET TT TT 'Y ■■uu..lu. u..uGiuuu• ■&SDI. ■���II����I HEIGHT 8' ROOF I� T.O. PARAPET 0" ROOF 86'-6" 8TH LEVELn 7TH LEVEL �2T so 6TH LEVELn 53'-0" 5TH LEVELn 41H LtVtL� THIRD LEVEL PAIr Vn 24'6" SECOND LEVEL PARKING n G ,71,1„EVEL 0' 0" SCA. IN FEET MATERIALS 2 3 4 SOLARBLUE GLASS by or MINE PRECAST CONCRETE ALUMINUM SCREEN & TRELLIS EXTERIOR METAL WALL PANELS NED -PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL ARCHITECT O'F RECORD Vir91110=7Rel:1: RID COPYRIGHT 2020 REVISIONS SHEET TITLE: BUILDING ELEVATIONS PROJECT PHASE DATE ISSUED 04117120 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-20 Il illlt'1“.11IIIGiilllli ii li ii. 1111111111111111 MII Imu1., —� NORTH ELEVATION O O HEIGHT 93' ROOF Io -6" V T 0. PARAPET 86TRO-OF n 6' 8TH LEVEL n Ta-6L 7TH 62' LEVEL 6' 6TH LEVE3!L Io 53- 5TH LEVEL'n L 4TH LEVEL n THIRD LEVEL PARKING n 24-6° SECOND LEVEL PARKING n 0" 0 1 Ahmsine 1 r 1 r J I i� MN 11AIil 11Simoli rionnumign 2 SOUTH ELEVATION • HI o ;1��}�I�rrase�s 11, ■ ■ ri�r7Y�W�Y�GI■� iii m'illll _ 71ILIIFi III :c`, 16Grn r rrrrr SCALE IN FEET HEIGHT ROOF T.0 PARAPET Ro as' 6, 8TH LEVEL 7TH LEVEL 6TH LEVEL 5TH LEVEL 4TH LEVEL THIRD LEVEL PARKING SECOND LEVEL PARKING 1 SCALE IN FEET MATERIALS 2 3 4 SOLARBLUE GLASS PRECAST CONCRETE ALUMINUM SCREEN & TRELLIS EXTERIOR METAL WALL PANELS NED —gurr,rnamte cur -PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL ARCHITECT O'F RECORD V11-91110=7Rel:1: RID COPYRIGHT 2020 REVISIONS SHEET TITLE. BUILDING ELEVATIONS PROJECT PHASE DATE ISSUED 04117120 DRAWN BY ATIRR REVIEWED BY VC DESIGNED BY FILE NAME A-21 4 TYPICALUNITA TYPICAL PATIENT ROOM cp TOPICAL UNIT A AMENITIES VERTICAL CIRCULATION PARKING SUPPORT SPACE EXTENDED CARE r NMI 11,01711,— BUILDING SECTI ON 1111,0 rr L III IIIIIIIIIIIIIIIIIIIIII�IIIIIIIYII 111 1 BUILDING SECTION TI 7 I I I HEI GHT R00F n 98' 6" V T 0. PARAPET 0" O86ROF ' - 6" 8TH LEVEL 7TH LEVELn 5TH L4En 3' - VEL6' 4TH LE'VE0"VLi, 34- THIRD LEVEL PARKING SECOND LEVEL PARKING 5'-0" HEIGHT ROOF IT 98V T.O. PARAPET 90' F aROs-OF 6 8TH LEVELn Ta-s° 7TH LEVEL , 62' 6" V 6TH LEVEL I� 53'- 0" 5TH LEVEL , 4TH LEVELn THIRD LEVEL PARRING n SECOND LEVEL PARKING n -PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 MSIAMOUTI,LH M33133-4253IAMI AVENUE, F r, NO. 92 3 89e9 FEo ARCHITECT O'F RECORD V11-91110=nRenal: RID REVISIONS SHEET TITLE. BUILDING SECTION & CALLOUTS PROJECT PHASE DATE ISSUED 04 20 DRAWN BY AT REVIEWED BY VC DESIGNED BY FILE NAME A-30 oNTSLVIEW �• PERSPECTIVE VIEW NT.S. o N TRSSPECTIVE VIEW ANTS PERSPECTIVE VIEW AA 0003454 IS 000.1 —PROJECT TEAM LANDSCAPE ARCHITECT Su. 214 VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL ARCHITECT OF RECORD V11-91110FocmlapaAnRelP61,A RID COPYRIGHT 2020 REVISIONS SHEET TITLE. CONTEXT PLAN PROJECT PHASE DATE ISSUED 04 20 DRAWN BY RR REVIEWED BY VC DESIGNED BY FILE NAME FSHEErA_40' -PROJECT TEAM LANDSCAPE ARCHITECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL sz : cSrF?£o'.PS ARCHITECT SOF RECORD Virgillosarnmesass:SA RID PROJECT No GMPA 200 00 COPYRIGHT 2020 REVISIONS SHEET 3D VIEWS PROJECT PHASE DATE ISSUED 05113120 DRAWN BY Author REVIEWED BY Checker DESIGNED BY Designer FILE NAME A-50 PLANT LEGEND EAST, TREE/PALM TO REMAIN C%ISf. TREE/PALM TO BE'IRANS NNTE EXIST. TREE/PALM TO BE REMOVED EXISTING TREE DISPOSITION LIST KEY BOTANICAL MAME ....WIT COMMON NAME 0.on Pol. SIZE NOTES MITIGATOR via Tobeholo via Tromooree 11 Ink To rn eel Toe >.xvla .on<nma hale PlekTmenpel 0.62 W e Ook OHO. xdevexvia le 10 Owbo Lobo xrem.mmownoro Hod. how. Sobel pHreono FIHSIPHIO 16 44044.104. Go on Kelm 18 eeln Boom Ono.. Woo Polo PlosaPP O ur.be Limb, Dole 40 n..o,ndia 1.1441.0 Mee via Hoe PoIrn Hes. Him 48 poln FootenWelne P our bon re n 11001502 F. WHO. Pig DHOSHICSCHIS Are. Pelm 108 bryoclinance ®.p aw.ws o Foe. Pol. VOchlo VoileNo 5.5.10oHelo HaerooPelm Polre .0arno Palm 10 polle I polo I palm VeHbla owelle Owen. Palm Cheernes Fob 04141..1150 CHurnos Palm eolo 201. I OH PlcokOlive SeLol Sobel ealmero Sobel odmmo PEI Sobel Polo 10 18 15.02 18 1 polo .64.0411014. 10 2.101...4121 TOTAL 01111 INCHES NON-SPPOIABB El ES TO BE EMOVED 170 TOTAL 1111 INC ES SPECOAEX El FS TO BE EMOVED 72 TOTAL PALMS TO BE EA4OVED 268 2041 TOTAL OBS INCHES MITIGATION 5 OPT., TREE PROTECTION AND 5LIPPORT MAA L—�� h ▪ ro e CS Point Commencement Most Waste ly Co her, Tract 4, • izcaya—James a ermg cemle.. Plot Book 34, Pogo 46 72500' S3]72'151- B 2372$4`-- Southwe telly Line, Tact 4 (PB. 34, Pg. 46) 7ioct "C" (148-51) Tract IP (148-51) (Private Rood) Mercy Road S37°12'15"E EXISTING TREE DISPOSITION PLAN —PROJECT TEAM —PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 —SEAL LANDSCAPE ARCHITECT OF RECORD COPYRIGHT C123120 REVISIONS Si III'I III Existing Tree Disposition Plan PROJECT PHASE DATE ISSUED 001700 DRAWN BY CG REVIEWED BY. KEG DESIGNED BY KEG FILE NAME —SHEET NUMBER. L-1 0 ZZZE //////A HARDSCAPE LAYOUT PLAN • —PROJECT TEAM —PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL LANDSCAPE ARCHITECT OF RECORD COPYRIGHT C,2020 REVISIONS SI III'I III Hardscape Layout Plan PROJECT PHASE DATE ISSUED 041,20 DRAWN BY CG REVIEWED BY. KEG DESIGNED BY. KEG FILE NAME —SHEET NUMBER. L-11 LANDSCAPE LEGEND Imi za a t,:n: 1 Ct 1Hn Mt A,<a{ — Ila<re.l I Eb 551 I l.aamr< 61611 OPEN SPACE Square %Moil open space rammed by Miami 21, os indimted an she Ian. Numb apabs epicsa perking opes 1 wn�,x1a M wungwom= Tokil square Seel of Mecmd open mama rewired: A+B= LAWN AREA CALCULATION 6. 6m1 m orec(w.q pamited= TREES �]a 196 I_I0 Nei= Th<1a2 l6 Imes inquired per net lel acre, Ims es.. number of Imes a ire® dm pees rem % Palms allowed, Number ollrem provided x 3. % drought tolerant and low maintenance. mber oil Ire. pr.Ided x PO% Street hem %coiled dee. beneath power II 2 !linear firer along shed / u = SHRUBS Number doled= emir. Dumbed hem smirked x 10 = REQUIRED 40 3,868 REQUIRED 3,868 774 REQUIRED REQUIRED 470 141 PROVIDED 19,271 .311 PROVIDED 3,500 PROVIDED existing) p 76 76 PROVIDED 908 NIP NIP TREES 0.1 OdA CAOD COER COES DERE EUDE LNN SyRis PIRA PALMS PLANT LIST PLANT NAME Oat. jaxonicu ..Apple Blossom Tree Canoga odorda Hong long Tree Boolm.mew es Gim ys r Pimento mcemosa ..Bay Rom 12 18 SIZE CT Cr Cr r CT CT CT CT CT CT uoE Livis.a 3 Po ll lam l,mo R PEEL SHRUBS KEY CACT CLGIS CTRS DPRE HMO MVO LOCH 1011. PHRIA PHSE IEHEX S. UEA PLANT NAME Minne GAger Oka. amee Reauldeny Hear HaNCan T Plant Dome. reEmo.ng 6 Ind. Song el Indlo Room. lasminum voluble LorouMo bM PlubdeNren Berle Nam Ribdandon saloon Porlocam.mae. BlockCord Snake Plane NGnyMaom�blao Tome Lamlo.lcue OROUNOCO\ER NEC PECS VINES KEY PLANT NAME Peen Pm+le, PLANT NAME SIZE 26326 10 18.18. 123 16 iracheloroerrnum herniae Jasmine PO% Sand Ex.lades Nu. 10% Shredded Dn.., Shredded Meldexcatiel. 70 137 57 179 36 Pa" 16.18. 6.6 8. SIZE sold sod Examples of Trees Examples of Palms Examples of shrubs ZZZE //////A -11M, ..asm.ifsitrmxtTrffn.knwmrar_ Ink Allik YAP 1411" 4711111111"111111111.::11 : •:: 111111 ROM B� a 1 @@' ill sI I ~Ww• l 111' 1 r • 1 i� Il I Ili, a w w®v ` tr'' /1i1 U 9 14 i 't# 'fill, , AI �I'I �p a�1/i i�� 11 Ili ��ii OW) ' laftet ...„:,,,,_ ,,,,,., .-o;! PLANTING PLAN 208 PROJECT TEAM PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL LANDSCAPE ARCHITECT OF RECORD COPYRIGHT N2020 REVISIONS SHEET TITLE: Planting Plan PROJECT PHASE DATE ISSUED 041,20 DRAWN BY CG REVIEWED BY KEG DESIGNED BY KEG FILE NAME —SHEET NUMBER: L-12 LANDSCAPE SPECIFICAPONS PANE I -GENERAL SCALE TOR EILAIRO,RILORIA IS SOB ERE bRI:PETZth=let3 II, !An cuoalo(OPEMAINTENANI,,,trAPP, EP Er' IPPI AL REPAIL PE OP WA PRE, 11 RP RE PI EA 1.1.1*,11=we atlja=en PLANT BED PREPARAMON NOTES pin Oro SPACING OF PJANTS (SEE PLANT SPACING PETAL( a now, PO NOT PILE SOIL OR'PEEIPIS APErIA=ETT=IrRYOrE7IZ'SP'EM NOXIOUS BUILDING SUPPLIES OR PEE „ S WITHIN THE DRIP LINE SIZE: oh, ATE worm). 2- H.NswD .,,r „R MMO APPEEP TOP LIP FINISH LEGEND: ND mu_ FINISH EARNER, zwww M ALUMINUM EDGING DETAIL PLAN VIEW -HA -1II1 ISOMEFRIC VIEW LMTVEW ThosMM, ON THE EDGING ROOT BARRIER INSTALLATION DETAIL NI III111 II1III PLANTING & BRACING DETAIL UNDER 3 1/2" CALIPER SHRUB SPACING DIAGRAM 11 SHRUB INSTALLATION DETAIL OP ED DETAIL A OLORPIERIERLEN ANGLE NOR EON PAETIER1115 4.—JAI 111 i• PLANTING & BRACING DETAIL FOR LEANING/CROOKED PALMS BATTEN DETAIL B MULTI-TRUNKED TREE/PALM BRACING DETAIL nrs PLANTING & BRACING DETAIL OVER 3 1/2" CALIPER OP BATTEN DETAIL B —PROJECT TEAM LANIOSCPPPPRCHIPM —PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL LANDSCAPE ARCHITECT OF RECORD COPYRIGHT C112020 REVISIONS SHEET TITLE. Planting Plan PROJECT PHASE DATE ISSUED 041,20 DRAWN BY CG REVIEWED BY. KEG DESIGNED BY. KEG FILE NAME —SHEET ; UMBOER,