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PZAB (12034) Resolution
City of Miami PZAB Resolution Enactment Number: PZAB-R-22-035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12034 Final Action Date: 7/20/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING TO THE CITY COMMISSION AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "CI" TRANSECT ZONE, AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B" TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY-SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "CI", ZONING TRANSECT PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Most Reverend Thomas G. Wenski, as Archbishop of The Archdioceses of Miami ("Wenski") is the fee simple owner of the property in Miami -Dade County, Florida, legally described in Exhibit "A", attached and incorporated, having street addresses of 3601 and 3667 South Miami Avenue (the "Main Campus Property"), and the property in Miami -Dade County, Florida legally described in Exhibit "B", attached and incorporated, having a street address of 3675 South Miami Avenue, Miami, Florida (the "Auxiliary Property") (collectively, the "Property"); and City of Miami Page 1 of 4 File ID: 12034 (Revision:) Printed On: 7/28/2022 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") including allegations involving violations by the City of Miami ("City") of the Bert J. Harris, Jr. Private Property Rights Protection Act as pertains to the Property and claiming a total loss of over $89 million in fair market value to the Property caused by the enactment of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), plus interest, costs, attomey's fees, and expenses; and WHEREAS, the Amended Complaint alleges violations of the Bert J. Harris Private Property Rights Act as a result of the passage of the Miami 21 Code and specifically the provisions of Section 3.5.5 of the Miami 21 Code, titled "Height Limitations for Properties Abutting and in Proximity to National Historic Landmarks", which Wenski claims the height limitations for the Property were significantly lowered and caused a severe diminution in value to the Property; and WHEREAS, Miami -Dade County intervened in order to protect and preserve the provisions as they impact Vizcaya Museum and Gardens, a National Historic Landmark; and WHEREAS, Wenski's position in the litigation was that the adoption and implementation of the Miami 21 Code affected vested property rights to develop the land; and WHEREAS, the City's position is that, inter alia, mere enactment of the Miami 21 Code does not meet the strict requirements of a violation of the Bert J. Harris Private Property Rights Act; and WHEREAS, Wenski and the City have engaged in good faith settlement negotiations in an effort to resolve the Lawsuit; and WHEREAS, on May 31, 2022, the City Commission adopted Resolution No. R-22-0189 approving a Settlement Agreement to resolve the Lawsuit, attached and incorporated hereto as Exhibit "D", which contemplates that Wenski will submit to the City an attached Development Agreement to allow certain development on the Property subject to review and recommendation by the City's Planning, Zoning and Appeals Board and subject to City Commission approval pursuant to local and state laws; and WHEREAS, the Office of the City Attorney investigated the claim(s) and Lawsuit and recommended that said claim(s) and Lawsuit be settled for the terms as memorialized in the written Settlement Agreement; and WHEREAS, the City's Planning and Zoning Departments recommend approval of the Development Agreement; and WHEREAS, the Development Agreement, which is attached and incorporated hereto as Exhibit "C", contemplates existing laws will govern development and the following: Section 5.7.2.5 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 City of Miami Page 2 of 4 File ID: 12034 (Revision:) Printed On: 7/28/2022 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" to the Development Agreement for demonstrative purposes only. The Auxiliary Property is not 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 follows: 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 the Miami 21 Code. The Auxiliary Property may have an Assisted Living Facility ("ALF") Use only if the Auxiliary Property is developed in substantial compliance with the plans attached and incorporated as Exhibit "D" of the Development Agreement, 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. If the Owner, or any successor, 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 herein. 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 feet (87') and a maximum 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 the Development Agreement. 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 WHEREAS, it is found that the relief 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 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 3 of 4 File ID: 12034 (Revision:) Printed On: 7/28/2022 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board recommends to the City Commission an Ordinance approving a Development Agreement, attached and incorporated as Exhibit "C", between the City and Wenski pursuant to Chapter 163, Florida Statutes, and as contemplated in a Settlement Agreement, to govern development on the property by authorizing the existing Civic Institutional Uses located on a portion of the Property, specifically 3601 and 3667 South Miami Avenue, Miami, Florida, as legally described in Exhibit "A", to be expanded by up to, and not to exceed, 144,000 square feet beyond the existing floor area on site By Right and by authorizing a portion of the Property, specifically 3675 South Miami Avenue, Miami, Florida, as legally described in Exhibit "B" to be developed with an eight (8) story building at a maximum height of eighty-seven feet (87') and, only if developed in substantial compliance with the plans attached to the Development Agreement, to have an Assisted Living Facility Use. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: City of Miami Page 4 of 4 File ID: 12034 (Revision:) Printed On: 7/28/2022 EXHIBIT "A" LEGAL DESCRIPTION (MAIN CAMPUS PROPERTY) Folio # 01-4114-005-0063 Commence at the most Westerly co ier of Tract 4 of "V 2CAYA-JAMIE5 DEER:N:ea ESTATE°' according to the Flat - thereof recorded in Flat book 34 at Pale 4G of the Pubic Records of Dade County, Florida; thence, North 52 degree- 47 minutes 45 5Econc1 East, along the Northwesterly boundary of the said Tract 4, fora distance of 40 feet to the Point of &eginning of the parcel of Land herein described; thence south 37 degrees 12 minutes 1 5 seconds East, parallel to the Southwesterly boundary of the said Tract 4_ for a distance of 725.00 feet; thence North 52 degrees 47 minutes 45 seconds East for a distance of 323,g0 feet; thence North 37 decUree5 23 minutes 57 seconds 'Vest fora distance of g0.00 feet; the --ice North 52 degrees 47 minutes 45 seconds East for a drstarace of 4. 12 feet; thence North 37 degrees ='',e5 15 seconds West fora distance of 5.00 feet to a point on the Northwesterly boundary of the laic: ...LA. 4; thence 50uth 52 degrees 47 minutes 45 seconds 16/65t, along the Northwesterly boundary of the -,act 4, fo- distance of 327.52 feet to the Point of beginning, Folio # 01-4114-005-0051 A FORTION C: -'•' (:T 4, ACCORDING TO THE PLAT OF "VIZCAYA DAMES DEERING ESTATE", A5 RECORDED IN FIAT 500K 34 AT PAGE 4G, OF rE FLBJC RECORDS OF MIAMI-DADS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT 'A', ACCORDING TO THE PLAT OF "MERCY HOSPITAL", A5 RECORDED IN PLAT BOOK 148 AT PAGE 51, Of THE PUBLIC RECORDS OF MIAMI-DADS COUNTY. FLORIDA: THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR / 060.00 FEET; THENCE NORTH 07 DEGREES 47 MINUTES 45 SECONDS EAST FOR 56.57 FEET; THENCE 5OUT: 52 a=GRfES 12 MINUTES 15 SECONDS EAST FDR 43 I.34 FEET; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR 74.26 FEET TO THE POINT Or BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; SAID LAST DESCRIBED FOUR COUR5E5 BEING COINCIDENT WITH THE NORTHEA5TERLY BOUNDARY UNE5 OF SAID TRACT 'A', A5 SHOWN ON THE SAID PLAT OF "MERCY HOSPITAL"; THENCE NORTH 3G DEGREE5 49 MINUTES 0 I SECONDS EA5T FOR 123,77 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 17 5ECOND5 EA5T POR 188.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 42.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 1 G MINUTES 18 SECONDS FOR AN ARC DISTANCE OF 36.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, ALO'.' 7: '\RC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 52.00 FEET AND. A CENTRAL ANGLE OF 33 DEGREES 35 Pl - : 2 S'COND5 FOR AN ARC DISTANCE OE 30.49 FFFT TO A POINT COMPOUND CURVATURE; THENCE SOU L±- 1= .: , fASTERLY AND NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 5G DEGREES 36 MINUTES 43 5ECOND5 FOR AN ARC DI5TANCE OF 34.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 52 DEGREE5 07 MINUTES 55 SECONDS EA5T FOR 30,35 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 PEST AND A CENTRAL ANGLE OF 27 DEGREES 2 I MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 7.1 G FEET TO A POINT Or 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 1 G DEGREES 55 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF 13.00 FEET TO A POINT ON SAID CIRCULAR CURVE; THENCE NORTH 5G DEGREES I G MINUTES 27 SECONDS EAST FOR 22.98 FEET; THENCE SOUTH 33 DEGREES 34 MINUTES 35 SECONDS EAST FOR 99.89 FEET; THENCE NORTH 65 DEGREES 17 MINUTES I G SECOND5 EAST FOR 0.27 FEET; THENCE SOUTH 33 DEGREE5 34 MINUTES 35 SECONDS EAST FOR 68.98 FEET; THENCE 5OUTH 23 DEGREES 44 MINUTES 4 15ECOND5 WEST FOR 7.74 FEET, THENCE SOUTH 32 DEGREES 20 MINUTES 53 SECONDS NEST FOR 16.35 FEET, THENCE SOUTH 31 DEGREES 58 MINUTES 15 SECONDS EAST rOK 84.37 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 14 SECONDS WE5T FOR 47.44 FEET; THENCE SOUTH 54 DEGREES 03 MINUTES 23 SECONDS WEST FOR 321,25 FEET; SAID LAST DESCRIBED TWO COURSES BEING COINCIDENT WITH THE METROPOLITAN DADE COUNTY BULKHEAD LINE AND UNITED STATE5 HARBOR LINE, A5 SHOWN ON THE PLAT OF "METROPOLITAN DADE COUNTY, FLORIDA BULKHEAD LINE PART THREE", A5 RECORDED IN PLAT BOOK 74 AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA; THENCE NORTH 37 DEGREES 12 MINUTES 15 SECONDS WEST, ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID TRACT "A" A5 SHOWN ON THE 5A1D PLAT OF ''MERCY HOSPITAL", FOR 427.81 FEET TO THE POINT OP 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 "B" LEGAL DESCRIPTION (AUXILLARY PROPERTY) Folio # 01-4114-005-0061 A PORTION OF TRACT 4, "VIZCAYA-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 "VIZCAYA-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 "VIZCAYA-JAMES DEERING ESTATE" FOR 725.00 FEET THENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS EAST, PARALLEL TO 111E NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VJZCAYA-JAMES DEERING ESTATE; FOR 4000 FEET TO THE POINT OF BEGINNING OF THE FOLLO61NG DESCRIBED PARCEL; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST ALONG A LINE THAT IS 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 L1IZCAYA-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 324.4/2 FEET, THENCE NORTH 37 DEGREES 23 MINUTES 15 SECONDS WEST FOR 237.226 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 THE NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF TTIE SAID PLAT OF '"l4ZCAYA-JAMES DEERING ESTATE; FOR 3236O FEET TO THE POINT OE BEGINNING; ALL L fNG 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 DEVELOPMENT 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 ofMiami, 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. Avino, 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 COUNTY OF MIAMI-DADE ) ) SS ) 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 co ier of Tract 4 of "V 2CAYA-JAMIE5 DEER:N:ea ESTATE°' according to the Flat - thereof recorded in Flat book 34 at Pale 4G of the Pubic Records of Dade County, Florida; thence, North 52 degree- 47 minutes 45 5Econc1 East, along the Northwesterly boundary of the said Tract 4, fora distance of 40 feet to the Point of &eginning of the parcel of Land herein described; thence south 37 degrees 12 minutes 1 5 seconds East, parallel to the Southwesterly boundary of the said Tract 4_ for a distance of 725.00 feet; thence North 52 degrees 47 minutes 45 seconds East for a distance of 323,g0 feet; thence North 37 decUree5 23 minutes 57 seconds 'Vest fora distance of g0.00 feet; the --ice North 52 degrees 47 minutes 45 seconds East for a drstarace of 4. 12 feet; thence North 37 degrees ='',e5 15 seconds West fora distance of 5.00 feet to a point on the Northwesterly boundary of the laic: ...LA. 4; thence 50uth 52 degrees 47 minutes 45 seconds 16/65t, along the Northwesterly boundary of the -,act 4, fo- distance of 327.52 feet to the Point of beginning, Folio # 01-4114-005-0051 A FORTION C: -'•' (:T 4, ACCORDING TO THE PLAT OF "VIZCAYA DAMES DEERING ESTATE", A5 RECORDED IN FIAT 500K 34 AT PAGE 4G, OF rE FLBJC RECORDS OF MIAMI-DADS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT 'A', ACCORDING TO THE PLAT OF "MERCY HOSPITAL", A5 RECORDED IN PLAT BOOK 148 AT PAGE 51, Of THE PUBLIC RECORDS OF MIAMI-DADS COUNTY. FLORIDA: THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR / 060.00 FEET; THENCE NORTH 07 DEGREES 47 MINUTES 45 SECONDS EAST FOR 56.57 FEET; THENCE 5OUT: 52 a=GRfES 12 MINUTES 15 SECONDS EAST FDR 43 I.34 FEET; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST FOR 74.26 FEET TO THE POINT Or BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; SAID LAST DESCRIBED FOUR COUR5E5 BEING COINCIDENT WITH THE NORTHEA5TERLY BOUNDARY UNE5 OF SAID TRACT 'A', A5 SHOWN ON THE SAID PLAT OF "MERCY HOSPITAL"; THENCE NORTH 3G DEGREE5 49 MINUTES 0 I SECONDS EA5T FOR 123,77 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 17 5ECOND5 EA5T POR 188.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 42.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 1 G MINUTES 18 SECONDS FOR AN ARC DISTANCE OF 36.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, ALO'.' 7: '\RC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 52.00 FEET AND. A CENTRAL ANGLE OF 33 DEGREES 35 Pl - : 2 S'COND5 FOR AN ARC DISTANCE OE 30.49 FFFT TO A POINT COMPOUND CURVATURE; THENCE SOU L±- 1= .: , fASTERLY AND NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 5G DEGREES 36 MINUTES 43 5ECOND5 FOR AN ARC DI5TANCE OF 34.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 52 DEGREE5 07 MINUTES 55 SECONDS EA5T FOR 30,35 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 PEST AND A CENTRAL ANGLE OF 27 DEGREES 2 I MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 7.1 G FEET TO A POINT Or 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 1 G DEGREES 55 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF 13.00 FEET TO A POINT ON SAID CIRCULAR CURVE; THENCE NORTH 5G DEGREES I G MINUTES 27 SECONDS EAST FOR 22.98 FEET; THENCE SOUTH 33 DEGREES 34 MINUTES 35 SECONDS EAST FOR 99.89 FEET; THENCE NORTH 65 DEGREES 17 MINUTES I G SECOND5 EAST FOR 0.27 FEET; THENCE SOUTH 33 DEGREE5 34 MINUTES 35 SECONDS EAST FOR 68.98 FEET; THENCE 5OUTH 23 DEGREES 44 MINUTES 4 15ECOND5 WEST FOR 7.74 FEET, THENCE SOUTH 32 DEGREES 20 MINUTES 53 SECONDS NEST FOR 16.35 FEET, THENCE SOUTH 31 DEGREES 58 MINUTES 15 SECONDS EAST rOK 84.37 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 14 SECONDS WE5T FOR 47.44 FEET; THENCE SOUTH 54 DEGREES 03 MINUTES 23 SECONDS WEST FOR 321,25 FEET; SAID LAST DESCRIBED TWO COURSES BEING COINCIDENT WITH THE METROPOLITAN DADE COUNTY BULKHEAD LINE AND UNITED STATE5 HARBOR LINE, A5 SHOWN ON THE PLAT OF "METROPOLITAN DADE COUNTY, FLORIDA BULKHEAD LINE PART THREE", A5 RECORDED IN PLAT BOOK 74 AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA; THENCE NORTH 37 DEGREES 12 MINUTES 15 SECONDS WEST, ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID TRACT "A" A5 SHOWN ON THE 5A1D PLAT OF ''MERCY HOSPITAL", FOR 427.81 FEET TO THE POINT OP 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 "B" LEGAL DESCRIPTION (AUXILLARY PROPERTY) Folio # 01-4114-005-0061 A PORTION OF TRACT 4, "VIZCAYA-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 "VIZCAYA-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 "VIZCAYA-JAMES DEERING ESTATE" FOR 725.00 FEET THENCE NORTH 52 DEGREES 47 MINUTES 45 SECONDS EAST, PARALLEL TO 111E NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF "VJZCAYA-JAMES DEERING ESTATE; FOR 4000 FEET TO THE POINT OF BEGINNING OF THE FOLLO61NG DESCRIBED PARCEL; THENCE SOUTH 37 DEGREES 12 MINUTES 15 SECONDS EAST ALONG A LINE THAT IS 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 L1IZCAYA-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 324.4/2 FEET, THENCE NORTH 37 DEGREES 23 MINUTES 15 SECONDS WEST FOR 237.226 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 THE NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF TTIE SAID PLAT OF '"l4ZCAYA-JAMES DEERING ESTATE; FOR 3236O FEET TO THE POINT OE BEGINNING; ALL L fNG 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 11 It' LI T —__— --__� ^r_rn J . .f ,,...._ Li ., ° L " v cal 0,400 • r , ,,,r, ,� , /,ice/ ( '. ar (�° �I� L a r IIIIIIII ,. n nm �. ,..TC RY ecm S.F. _� "v � CIIP IIIIIIIIJIIIIIIII`� • O > IIIIIIII ,=' MT ^�y_J .' ley 1 LI bLDGUHT.F , °o i FPS c7) G O _o w ET 10 � 0 0 - L' =F — ,._OFT - 650 FT. .o!id' J ®L �� % I , PNWF DFnF,m nFH I Ilfl llllll � � 1 F \•4C� A. WILDING 12 T.i', •. `;-- ITHn�TIn_ ROWS a '. "'k B Fr, KIERAn FARIDH MEETING R-,Ins D. GA SAGE ROOnb, ,Fs L5 STORYFFT: - - s s, ,.rNe Btix ROOF E. FUTURE (bROO,I BUILDING 1, AIDD F'SsTOR ., 2C FT.; .1_g-'I'- _ ,NT,eJ - --,csOFT. - - TOTAL 152 WO SF SITE PLAN: - - '- - SCALE: 1" = 1 DO FT 25 5 FT. _4 3 FT. 2350 FT __,.c FT u_O FT. m..S FT. ,...O W. 1e5C FT. 1750 FT 1650 FT. 150 FT. -_ - —,zso Fr. 1450 FT. 1 1350 FT. MT. ]. FROM ORIGIN BISCAYNE BAY ELEVATION: EXISTING cAF HOW'S, _PWOG",EBISTIRO NIERGY HO1TA I Ex1ST1NWOG",mREGARAGE. D.F B. FUTURE ERLIITA DIST NiG II 'InA1N 621 RIDING SCALE: 1"=1DOFT _-__"_"-----___.__92------ HEIGF PL4NEAf'AVC;LE FFO:INH_ FINIFFLOOR ELEVATION TE'NORD I2, eg........................ PER IT. III AN " DR ____--__- PFO Cb ARTS emLDwG-3'0FT. "--'-- ----------InA%I,UnI --._ _- ""----- _- cuss FDoFTEeRAL�E,1F.-. C. FUTURE ST. KIERPN MEETING RDONIS•AO FT -- 1 _ MEWING acoJ2Fr - FRUIT. , ST RY -w FT B SORI WO 7_ - A. hA53FOOM EJi.i., 2 STORYT. A_ NSTF AB rE FEW 6.,E FLOOD ELEVATION OF I365"N VD.;1ii _ -"" �"--"- _ p • .. A FEGFTPUNE �} E j o cF _6 unLRI a,A FGOTIINE5' IVIT I� r1->__ _ `-----`--...... I. ,4nUN�,Fz✓NE•4E•-IBF•N�P FLJ 2. N61nFLANLFE9 SOW ELDATION RA BY MAWS FIEB CARP° 1. MTNUF 1,1Fvc. 11,311,I LI,x ,.ALIACTI ST., I,� b. r.L AnJOT. SITE iTl.n cnY� _,ram �.VEFN „nP,.BeOCI .I Mr .s= sss .So C4TEJ 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 IB 0001241 HE SIGi n� LANDSCAPE ARCHITECT GSLA DESIGN, INC 17670 NW 78th Avenue, Suite 214 Miami, FL 33015 T 305 392 1016 DRAWING INDEX LA SHEET NAME ROVER WOUND FA.R P. TAR BTRI LEVEL PLANTING PLAN 1 3 5 LOCATION SKETCH WEST VIEW TO PROPERTY FROM HALISSSEE ST 4 SOUTH VIEW TO PROPERTY FROM HALISSSEE ST EAST VIEW TO PROPERTY FROM PROFESSIONAL MEDICAL BUILDING NORTH WEST VIEW TO PROPERTY FROM SOUTH WEST VIEW TO PROPERTY FROM WE EAST VIEW TO PROFESSIONAL MEDICAL BUILDING LEGEND Etat, PamaM Lot IGo�fceA aa=a wsF ► sIa PNPIPa vie., Oirenion / / / / 1 Q)Q LB m ORm j ns oo' Co\ S3]'I275 E Paint of Commencement Bost Westerly Comer, Tract 4, "W caya—James Deering Estate" Plot Book 34, Poge 46 at P golognissian".°— = 237 26 OCR dt Point of Beginning A.WAN/Pi Tract "c (148-51) AO, Poverront s t 5p• �cro / unc %, // //69.80/ /%/ / 1—STORY CB.5 STRUCTURE �j//// /Y/B/ / /Irr.11yE /� o" 237224' d,Paa t ODEMOLITION SITE PLAN 1 DIP arrachedto .M Tract "C" (148-61)1S371275'E (Private Rood) Mercy Road Southwesterly Line, Tract 4 (P.B 34, Pg 46)1 NED Roppy oNv emnete. Rump oh OWNER oome.a le 000v,_e1 'oo� -PROJECT TEAM ...CAPE ARCHITECT OSLA DESIGN PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MMMI, FL 33133-4253 REvistome E ET TITLE. DEMOLITION SITE PLAN PROJECT PHASE DR,VVNIT, AT DESIGNED eV L1G FILE 1,91,1E D-01 7 7 . 1 - MIAMI 21 ZONING MAP 2 - BIRD EYE VIEW 3 - GENERAL SITE INFORMATION DESCRIPTION 5 \\\ 11 tovA, . 1:4 -------------------------- ----------------- -------- ----------- --- 5 LITICRAGE AND OPEN SPACE 411131111 RI CODE REUUREDIALLONIED PROVIDED COLIMENTS TRAM:ELT ZONE MAX DENSITY UNITSIACRE ISM ROOMS MAX LOT COVERAGE ARTICLE k TABLE NIA MN OPEN SPACE ID 53 LOT AREA MIN ARTICLE 0.TM. SATANABLITY r..5g0=BITADLE SPACE = TOTAL MILD. AREA TOTAL BUILDING AREA MI OUT PAINING PARIAC AREA 4 - BUILDING HEIGHT (STORIES) DESCRIPTION PROVIDED PPIMCPAL BULDNG ARTICLE 43 TABLE °LIT 13111313113G ARTICLE M TABLE NIA NA ARTICLE 0.TM. LOCATION SKETCH 5 - PROJECT FLOOR CALCULATIONS BY USE ILLUSTRATION 5.6 URBAN CORE TRANSECT ROWE 1113, BUILDING PLACEMENT -.-3-En3i3 3.,31 3, ft.VERCRPTION V. =tre'A==l'rZd3S3'.RMR'311"Fn'Rg'et::=Zte'dt'MV3intt'." "'" "'" PARKING PLACEMENT ...- 6 - SETBACKS DESCRI:111013 REOUREDIALLOIMED PROMO 3.33 PRINCPAL FRONT 10 FT. MIN RECONDARY FRONT 16 FT. MIN 25 FT. SIX 0 PT.Mil 22 FT. REAR II FT. MIN 12 FT. ABENTII30 SIDE OP REAP T5 6 FT.1313 55 FT. BUILDING 4.0 HEIGHT In -,:---1 7 - BUILDING FRONTAGE .. Km. DESCRIPTION ALLOVED PROVIMED M: El.• MI: M.1 •• •11 COMMON LAWN PROHIBITED .... M1 E11 PORCH d FENCE PROHIBITED NIA maw... •••• MIR ..... I: 3jg., I: I: I: IMMI maw. • 33 33 •• •• TERRACE. L., PROHIBITED NIA FORECOURT PERMITTED NIA STOOP PERMIT.° NIA g3or3R.,, PERMITRED IT, 115.0 OHL, NIA GALLERY PERMITTEM spEc.AREA K. ta ARCADE PERM.° BY SPEC._ AREA PLAN NIA 1,1=r • • ••,==e • 11! E 8 - PARKING DATA DESCRIPTION CIVIL SUPPCRT USES ARE PERMIS ISLE AS LISTED IN TABLE13 - ASSISTED IVING ,C11,,,, REOLIIREMENT VALDE MARI CODE REOU/RED pq„,,,, PARKING SPADES 1 SPACE FOR EERMI AM, ARM, 3I TABLE 3I 1E6 203 SF =127 SPADES IAB Si, ES FRC a*, 1031,33. 013SPACES II SPACES AMARTAII, MBE [inf. 342 1 2' 3 13 3351 AISLE LOADING . IV Nm 3 SF, eS SVYCLE 1 PER EVERY A CPR RPACE, ARTrLE 01 TABLE 01 IAN 20 m MEM ES 10 EINEM STRLL DIMEIRSICHS FBC IIL 3.3 31 lr AIM, MIIMENSIONS LOADING DIRICAMLN: . ARTICLE 31,13.LL 5 1,13 DERR I ,C0 MF ND BF-M.200SE MRD DER3311,110 ,I3 1MTDERTI I m PK MF A) BERRI, AD SF 11310 BERM, 2311 SF GARAGE ENTRM - 711 0111,m 170IMPRMER N/A 9 - REQUESTED WAIVER'S* ICODE REFERENCEINFORMATION HIT EDITION rPLARTLIEGPEIRESZT:ItILE'AFETY CDOE3 MIT EDITION NARIONAL ELECRRICAL CODE MT EDITION FRC PLUMBING CODE 2617 EDITION FRC MEC... CODE 2617 EDITION THE SITE AND BUILDING,' ARE OESIGNE° TO LOWLY 11111. THE FAIP ROUSING 7,1VDTV0EFFT=fr!=:Z=ITZ°.°g'E" PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIARII AVENUE, MIAMI, FL 33133-4253 r 'rrr 'LL REVISIONS SITE PLAN AND DATA - ASSISTED LIVING FACILITY (ALF) DESIGNED eM L333 A-0 1 KITCHEN 43, ROOM 10 11 12 13 �14 15 V ma ma ® m orton mm CCM Mar, RUIP UP ----------------------------------------------------------------------------------------- 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 CNITECT MAD VILLA WENSKI PRELIMINARY ZONING REVIEW 367 5 SO I, F 313A P\2'E5r MW MI, FL 33133-0253 :CT OF RECO, Cernyaner REVISIONS o- Q Q 48 47 I 46 v 45 44 0- 0- 0- 0- 43 1 42 I 4 1 40 39 38 1 37 I 36 35 34 4 1 54 414 70 1 71 1 b RAMP UP 5.5% 72 FROM SECOND 61 62 63 6 60 I I 64 V//// I 65 659 I I 66 TO THIRD 58 I 1 67 57 11 68 Il 11 56 69 55 73 74 I 75 I Ea- 76 I 77 78 1 79 I 4 80 1 81 1 33 g 1 32 OPEN 53 1 52 51 1 I I 30 5,50 1 29 I 28 I 27 26 25 - - 24 23 22 OSECOND LEVEL PARKING ili 6" - '-0" 13 RAMP UP 1 5.5% 14 FROM 2 GROUND 3 15_ TO I 6.SECOND 6. I 16 V/// 1 17_ 6 49 I 18 19 20 21 4 I 5 I 9 10 I 11 1 12 SCALE FE, SECOND FLOOR AREA HEIGHT SECOND FLOOR PARKING COUNT ADA PARKING 31,413SF 9'£" 81 4 0- 0- 0- 0- 1 54 53 1 I 52 1 51 50 1 49 rr 66 1 67 STan«, I 68 74 75 76 77 1 78 1 79 1 I 48 6 6564. 1 Il 4 69 80 I V6// 1 1 70 181 1 46 71 82 1 45 63 I I 72 I 83 1 44 62 1 1 73//// 4 I II 43/����NND WALL j/// 42 61 I I 16MP UP 1 41 © 1 7 FROM 2 1 0- 0- 0- 1 40 4 60 I I o- SECOND 3 I 39 U TO THIRD 1 l u 59 I I 9 1 38 58 I I 20 37 I_s7 II 1 3636 1 35 I II 34 32 1 31 II 30 29 28 2 656 I 22 V//// I 23 6 55 24 a 25 26 27 4 I 5 I 7 8 9 I a 3 4 5 O THIRD LEVEL PARKING cnn SCALE 11,E, THIRD FLOOR AREA HEIGHT THIRD FLOOR PARKING COUNT ADA PARKING 31.957SF 9'f" 84 4 NED 0003a.a la�000,�a, ,00� -PROJECT TEAM ANDSCAPE ARCHITECT DESIONAJC VILLA WENSKI PRELIMINARY ZONING REVIEW 367550 MIAMIAVENUE, MI^. MI,I, FL FL 33133-0253 pN •r''.. FTeo ": a�?� ARCHITECT OF REVISION S. T TITLE. 2NDE& 3RD LEVEL PARKING DATE ISSUED [1:1121,1 A-11 0 e=fDD , UNITA 44E. AIR PLAIITER 111.11T swa, UNITA Studio 52, SF UNITA Stutlio TERRACE -m—C) Fk OD SF id UNITA Studio D UAW A 01.46 SF 0 I NarA 0_ 4 431 SF 0- • • W :111re :41 - 6 . OD ' 0 0- FITNESS1ARUIrim 1 .011 Ft- 114 a 11 SCALE IN FEET FOURTH FLOOR AREA HEIGHT UNITS PER FLOOR 20.833SF 27 YLANIEY. OD -0 0- +17 L UNITA S.., E116, 0 r FIFTH FLOOR AREA HEIGHT UNITS PER FLOOR 20.833SF 10'-0" 30 1 5,2 .SF rr A.S.. 52,5F 6'2 UNIT A Shalie E1A SF 652 "Th I I EI'Vem 765 SF 0 SCALE IN FEET SIXTH FLOOR AREA HEIGHT UNITS PER FLOOR 20,833SF 10.-0" 30 NED —7,3,7rmar- T 21D5 Ltd DOL. 1 F 205 0[0.345,1113 11D01,1 ANDSCAPE ARCHITECT PR OJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIARII AVENUE, MIAMI, FL 33133-4253 COPYRIGHT @ 20 REVISIONS SHEET TITLE. 4RD, 5TH & 6TH LEVEL RESIDENTIAL DATE ISSUED [1,[1,1/15 DESIL,NED LIL, A-12 ▪ ODD.3450 113 0D01,1 - PROJECT TEAM ...CAPE ARCHITECT OS, DESIGN NC 1713, ATR TM Avon, Suk ▪ 29,1 lal, — PROJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIARIIPVENUE, MIAMI, FL 33133-4253 IMNIMM14114.1=111•11•41•141=•••1111•11, 1`/114114/ '11 IA II .4 ••• 11111=11111M1114MMIIMINIONIIMM•411•••1411•M••Ml • 1•11 _ • • •. 0EAST ELEV#TION infinniiliDiesuzzeun ffnuolumn ausalamen ountoeurlosonlimumennumirion .mml.mm JUUUSUSU summin Nom AIM OW miff 110•1111104, UUUUUU T_ _ HEIGHI:S*60 T.S=L,IR 9 _ %0+ 85 I, • 31.-..-101 19 .....i4snownee diiiiiiiiiiii Nadia AAA= offillidiriii111111iiiiAiiiiiiiiiin a 111 WEIMMINIMMENEMEIMMEMMINWEINI=MINIM=MIEMENIMMINIMMINMIIIMEMIEMI UNIMME moullemen mulinem NEEINEEN umumn nonImm mouton Emonlumen iUuiu Ma, iniairerii Warn imam Taitiavi wail Cilitiririri 1111 Toll I WIPE tE4T:1TArb" 1 Illim. NM 11 1 1 111 PIM ELI MI • STH4M9 7TH_16Meio STH_Iso THIRD LEVEL PL,F22147, SECOND LEVEL PLR, ne9 ,ALE IN FEET OUNDJ_r,N+S HEIGHT Ig+S STH4M50 7TH_Ig \*, STH_I6M9 5THJ4LEVEL S 4TH_14 \*, THIRD LEVEL 141.60 SECOND LEVEL NDLE MATERIALS 2 3 4 SOLARBLUE GLASS PRECAST CONCRETE ALUMINUM SCREEN & TRELLIS EXTERIOR METAL VVALL PANELS NEB -PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIARIIPNENUE, MIAMI, FL 33133-4E53 CORVREPT @ R020 REVISIONS STA CT TITLE: BUILDING ELEVATIONS PROJECT PHASE DAT:ISSUED 00141,0 DR,VVN BY AT DESIGNED eV L1G FILE NPLIE A-20 II IIII T a111111i013 i I. Iii1. 1111111111031111111111111111111ui O N1OR116"TH E-0LEVATION 1' 1uw1roloomml1 O SOUTH ELEVATION imgrith MM��II�w�II II ��: ■ ■C�riYr7YAMirI ■I■ _HE GHT ROOQV 98'-6" l T.O. PARAP� 86' ROOp -6" ll 8TH LEVEL 14'-6" 1 RTH LEVEL /� 6TH LEVE�V 53' -D" LEVEL/ 43'-8" 1 4TH LE 34'-D"VEL 9 THIRD LEVEL PARKING& 24'-6" 1 SECOND LEVEL PARKING & 15'-D" 1 GROUND LEVEL /, 11 SCALE IN FEET HEIGHT ROOF & — Ro� BTH LEVY ]" JTH LEVEL& — _ —ETH LEVEL& 5TH LEVY 4TH LEVY 34 D" THIRD LEVEL PAR✓.IN�G SECOND LEVEL PA & 15'-D"ll MATERIALS 2 3 4 SOLARBLUE GLASS he 1 14 PRECAST CONCRETE ALUMINUM SCREEN & TRELLIS EXTERIOR METAL WALL PANELS NED —PROJECT TEAM ...CAPE ARCHITECT OSLA DESIGN VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMIAVENUE, MI^. MI, FL 331334253 SEAL REVISIONS BUILDING ELEVATIONS PROJECT PHASE DR,V1/1,1 BY AT/RR DESIGNED eV Llt, FILE 1.1.91.1E A-21 O TYPICAL UN1T A OTYPICAL PATIENT ROOM 1l4" 1'-0" O TYPICAL UNITA OBU1ILD6" - N1G-0"ECTION S 11' PARNING SUPPORT SPA,E EXTENDED CAPE ICI MlA4 oat 11P61hIII n 1111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllll OBUILDING SECTION 1116" 1'-0" 1 CID I II 1- IIII!' IIIIIIIII�� . —' IIII LP Illlly!' IIIIIIIIII�I 6TH LEVEL 53•-0" l 5TH LEVEL 43'-6" 4TH LEVEL 34'-0" THIRD LEVEL PAR4' - 6" 1KING & SECOND LEVEL GROUND LEVEL /� _HEIGHT ROOF& b'-E" — T.O. PARAP� ROOD 66'-G" ll 8TH LEVEL& ]4' - 6' ]TH LEEVEL& — — — — - GTH LEVE��II 5THLEVELII 43'-s" l 4TH LEVEL& a4' - o' l THIRD LEVEL PARKING & 24' - 6' l SECOND LEVEL PARKIN 15'-0"ll GROUND LEVEL & —v-o° e �l�r; iooes —PROJECT TEAM ANDSCAPE ARCHITECT VILLA WENSKI PRELIMINARY ZONING REVIEW 367E SOUTH MIAMIAVENUE, MIA MI, FL 33133-4253 ARCHITECT OF RECO: D REVISIONS BUILDING SECTION & CALLOUTS PRO:ELT PHASE DR,VVNIT, AT DESIGNED eV Llt, FILE 1.1.1E A-30 OAET.S.RIAL VIEW N. OPERSPECTIVE VIEW .T.S OPERSPECTIVE VIEW N.T.S. OPERSPECTIVE VIEW N.T. DJECT VILLA WENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH NINIAVENUE, MI3 MI, FL 331IA33-0253I SEAL COPYRIGHTS a.° REVISIONS SHEET TITLE. CONTEXT PLAN PROJECT PHASE DATE ISSUED: 00..0 DESIGNED eV LIG FILE 1.1,1E r��E EEL oNNEE I F'.20,5 bblGo. -PROJECT TEAM ARCHITECT OSLA DESIGN VILLA WENSKI PRELIMINARY ZONING REVIEW 3675SOUTH MIAMIPVENUE, MIA MI, FL 33133-0253 SEAL COP/NOME ON REVISIONS SHEET 3D VIEWS PROJECT PHASE FILE 1.1.1E A-50 PLANT LEGEND LY15'1_ IRLVP.DM It) RLAL\LV MST_TRFerPALM O BE TM JSPIANTED E\IST. TREE/PALM TO BE RE11OVED EXISTING TREE DISPOSITION LIST BOTANICAL NAME Ortmeena n6 a,Mia >waia Tae.w�a M.oadm Sys.. mm.m.N... COMM.., NAME Can Mem 0,0 Am RIM 159,81 immpel Tree immal CLL., Palm Omen Palm POS 0244 2.018 Dead NOIMS MITIOALLION Lamp M.A.., pm 10 16 19 5,48,24,9805,4 Smpm Tab�m 5446.44. 75w„18 MR,55618 Umbrellc Mee OLem O mm Alm 7,5.4,1744 immAlim NM Bum. irumpel 16 12 16 10 ANm Aso.. Nom ODD 10448 Amomins CiLmm rpm 10 0265.1.184,15 0.4,41.4.094 AA! polmen. Am, dmomba O .04.11,54 10 rpm imamod Miemphdlo pa525#1a NM Sum, Tree Am6 Am Flom heManin6 48 Mee.68ea.hc Ccumur Palm OmeRelm 64,041. 15 100 valm w ...once Mom m MNIA 1pm rpm CIRLamm CAR.. Alm VeAlm SaMI Pam OmammAlm Si, Am 10 10 10 1Ram Adam men1811 Vail.. ANA Add. m,IN AMR. .6114 0.81m. Alm 10 10 1Nim Clmlalmes Palm Chian, MIN O nammPolm 10 10 Ipm 1pm 11.564 s,s.ipm.. 0.1,09 mi pamnro pipmew C. no omomm1,64 Miklm MAN. AMOR 5468109 541.1.8 CAR.. Alm CAMImosPolm CMalmm MIN 16 70117411.4 INCHES NON-51. MEN TREES TO BE EMOVE 1pm 1pm M.6m..m 4.440. Ipm 1pm 170 TOTAL BBB INCH ES SPE MEN TREES 70 BE EMOVE 72 268 204 TREE PROTECTION AND SOPANNT 516.1.98 BARBER DETAIL • °WOOD BARRIER VEAL RAN ' L Point of Commea emeel Masi Weste ry Corner, Tract 4, lOzroyo—James 0 owing Esfete" PRI Book 34, Page 46 O 1 4- 237,22 ' Southwesterly Line 7icol 4 (PS 34, Pg, 46) Tract "C" 6148-50 Tact " C" 0148-51) (Private Road) EXISTING TREE DISPOSITION PLAN GU RI MATNE PA eom — 1 ROJECT E IEAM LANDSCAPE — PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL .NDSCAPE ARCHITECT OF RECORD RE4ESIONS SI IGET TITLE Existing Tree Disposition Plan PROJECT PHASE DATE ISSUED 04117120 DRAWN BY G REVIEWED BY KEG DESIGNED BY KEG FILE NAME FT NLNIH,F: 12. L-10 HARDSCAPE LAYOUT PLAN GU RI MATUTE PA — 1 ROJE:T IEAM LANDSCAPE ARCHRECr —vgslatlesign cur — PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL LANDSCAPE ARCHITECT OF RECORD REVISIONS SIIEET TITLE Hardscape Layout Plan PROJECT PHASE DATE ISSUED 0411,20 DRAWN BY G REVIEWED BY KEG DESIGNED BY KEG FILE NAME FT ICL%IF1}-R. L-11 LANDSCAPE LEGEND (Tb.• mforremmn m b. Pers^^^+m1I al6.ed m m. P171,1 Zoning sl6 l: 1 0 1No1 Lot Areal LZL 10 ..4 I ]6 631 Il.guare bs11 OPEN SPACE Square feel al j;�reby Word soe namw on site plan: '6.sl ere x +s-1 3728ors Mel 37are171a,p0Hng IMwme7mmin ToMl woore MY, landscaped ,en space rewired A+B- LAWN ARE, CALCULATION 376e ,o1 sguare reel ol landscape open spore Marimum lawn area 1•rdl pe,nnkd TREES B. C. 13p 1-I—I=4767171= 117 numbs-77es mewed nel ,re, less east ber olinms - 133 la, number of wnng haes N Palms elbow, her aliases prodded x 3. 96 drought tolerant and low mainknonce: Number dimes provided 7 RON &reel tees (max overage spacing of X' I n IBnearsa along Wea/as= SHRUBS (max.overage spacing u 96 Drought blerani and low morylenance required Number sbrubs provider, = TREES KEY 13.1 CNA CAOD COES DERE EUDE LNN ORA PAWS KEY LIDE PTEL PLANT NAME Burs, senaraba . Gumbo Limbo Cassia rovanPo AppleBl000m Tim Cana, odorola -Yang Vlang Trim -Silver 71tranwocd Delon. mg, -Royal Poinciana Eu 776$Edegul pm mro6n LogerstrowPoroam Poo., rew Mf tle Wllmo bobameu Tamarind Mmlonbe 1regrom Pimento roPomosa -Pot' Rum PLANT NAME Delstonla .c1wme Palin Ph4;mp98*n slogan. SHRUBS KEY AOV BAPA CAGY CLOU DERE NERO JAVO LOCH MUCA 71814 PNSE SPPL PLANT NAME Vargepoled Ginger Cappods ml8Moa Jamaican coy. Casio guililera C4ddne frotcosa Red Pot, Rod Sger Hawaiian 11 Plant lasminum voluble _War Jasmine [BM Ws 1.nba cappillaris -Nobly Grass 0ep Raro.M¢B� wP I7 Ro4amialPoa -Lady Palm Spalbyglogis ndOrbld CROUNDCOVER KEY MSC PEOB PIMA VINES KEY TRJA PLANT NAME PLANT NAME Tracbn;m,ne �dre MISCELLANEOUS Si, Augustine tFlordarnt 7096 Silica Sand PLANT LIST la 314 10 16 179 co 73, W. 00. SIZE = mno44EDSH,s ,aapron, 7 CT .5m744x'071,s w844 4' 6BH, CT CT 6m6.7.amno44'16611,3 CT I' MI x 'ammrl.ESSIRE SIZE 16 toll>re,I, matched 7,7 16711 OA: 6.0,11 ;6@34 Lau OA, smoom SIZE SON 37 WI, full 181 3 gallon cans, lull 3 gallon cans, EMI malure leaves 36. mob SIZE SIZE solid s, REQUIRED 3,828 40 3,868 REQUIRED 3,868 774 REQUIRED REQUIRED 470 141 141 PROVIDED 19,271 19,311 PROVIDED 3,500 PROVIDED BS+13 76 PROVIDED 908 449 449 Examples slimes Examples of Palms Examples of Shrubs PLANTING PLAN — PROJECT TEAM LANDSCAPE ' — PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAL LANDSCAPE ARCHITECT OF RECORD REAISIONS SIIEET TITLE Planting Plan PROJECT PHASE DATE ISSUED 0411,20 DRAWN DV G REVIEWED BY KEG DESIGNED DV KEG FILE NAME FT NUMEF12'. L-12 PARTS ',ARTERIALS PART - INSTALLATION PROCEDURES E. PLANT BED PREPARATION NOTES SPACING OF PLLNTS (SEE Pls."! SPACING FETAL) ,OTECTION OF PLANTS JO NOT PILE SOIL OR DEBRISAGAINST TREE TRUNKS OR DEPOSIT BUILDING SUPPLIES OR CHEMICALSWITHIN THE DRIP LINE `E"nNLiNE Size wSs. (3.2MM ,. T,GMM). G. L 1,.82MM) THIS: 0135. r3.13MM) EMPOSED TOP LIP FINISH LEGEND: (ME) MILL FINISH -NATURAL ALUMINUM STAKES ISOMETRIC VIEW NTS NOTES: " ( lWRI.S ALUMINUM EDGING 2 i o (a.ee M�sFC GanUMEs M'AM Mur+ DE (ss (7Gs MM)D s RRCVL AT RGAo 2rv.,..r BASE EDGING UP 'Argl.TIT TOAD' HOLLR ANDMII. ATIGN. (eoo) 356-9660. EETTUNc "'D FOR PRODUCT ,N:E. MITT M] ALUMINUM EDGING DETAIL oN THE EDGING PLAN VIEW ROOT BARRIER INSTALLATION DETAIL PLANTING & BRACING DETAIL UNDER 3 1/2" CALIPER SHRUB SPACING DIAGRAM SHRUB INSTALLATION DETAIL DETAIL A 1 I111IIIIII PLANTING & BRACING DETAIL. FOR LEANING/CROOKED PALMS BATTEN DETAIL B -Ii MULTI-TRUNKED TREE/PALM BRACING DETAIL DETAIL. A BATTEN DETAIL B 1D1 II1 PLANTING & BRACING DETAIL OVER 3 1/2" CALIPER - 1 ROJE(:T IE, NI LANDSCAPE ARCHRBCr - PROJECT VILLA VVENSKI PRELIMINARY ZONING REVIEW 3675 SOUTH MIAMI AVENUE, MIAMI, FL 33133-4253 SEAR LANDSCAPE ARCHITECT OF RECORD REVISIONS SI IEET TITLE Planting Plan PROJECT PHASE DATE ISSUED 04/1,20 DRAWN BY G REVIEWED BY KEG DESIGNED BY KEG FILE NAME H 4. T L-IVI.M150IY,F12. , CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney DATE: May 31, 2022 RE: Proposed Settlement — City Commission Meeting — May 26, 2022 The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, v. City of Miami, and Miami -Dade County, as Intervenor, reference 3333 South Miami Avenue, 3601 S. Miami Avenue, 3667 South Miami Avenue, and 3675 South Miami Avenue Case No. 13-12523 CA 06 File No.: 11956 The attached proposed Resolution seeks authorization to execute a settlement agreement, in a form acceptable to the City Attorney, for settlement of all claims alleged against the City of Miami ("City") and Miami -Dade County -as Intervenor by The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, ("Wenski") Case No. 13-12523 CA 06, pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The claims and lawsuit were brought by Javier Avino and Mitchell Widom of the firm Bilzin Sumberg Baena Price and Axelrod, LLP on behalf of Wenski, seeking damages for alleged violations of the Bert J Harris Private Property Rights Act, Chapter 70.001 et seq, as a result of the passage of Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and specifically the provisions of Section 3.5.5 of the Miami 21 Code, titled "Height Limitations for Properties Abutting and in Proximity to National Historic Landmarks." Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Viscaya Museum and Gardens ("Viscaya"), a National Historic Landmark. Wenski's position in the litigation was that the adoption and implementation of the Miami 21 Code affected their vested property rights to develop their land. Wenski's specific claims were that under Section 3.5.5 of the Miami 21 Code, the heights for the CI District had been significantly lowered which caused a severe diminution in value to the property (3333 South Miami Avenue, 3601 South Miami Avenue, 3667 South Miami Avenue, and 3675 South Miami Avenue). The City's position is that mere enactment of the Miami 21 Code does not meet the strict requirements of a violation of the Bert J. Harris Private Property Rights Act. The County's position as intervenor is so as to protect its rights vis a vis Viscaya and the Viewshed Ordinance. The City's professional staff, including the acting Planning Director and the Zoning Director together with Assistant City Attorney's met several times with the Plaintiffs and their experts and the parties agreed to a Settlement Agreement and Proposed Development Agreement. The Development Agreement is scheduled to be presented to the Planning and Zoning Board for review and will be presented to the City Commission for final approval as required. The Office of the City Attorney has investigated and evaluated the claims and lawsuit has approved a recommendation to settle the instant ligitation, with each party to bear their own costs and fees. The City Attorney's Office seeks approval of a Commission Resolution with final approval contingent and approved simultaneously with final approval of the Development Agreement. Attachment(s) cc: Art Noriega, City Manager Miriam Santana, Agenda Coordinator Attachment(s) 11956 Exhibit A — Draft Settlement Agreement 11956 Exhibit B - Draft Development Agreement * IACONP!OAATEI u ee i p 0 R City of Miami Legislation Resolution Enactment Number: R-22-0189 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11956 Final Action Date:5/31/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROPOSED SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," AND AUTHORIZING THE CITY MANAGER TO REFER THE PROPOSED DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," TO THE PLANNING AND ZONING BOARD FOR REVIEW AND REFERRAL TO THE CITY COMMISSION FOR FINAL REVIEW, CONSIDERATION, AND APPROVAL AS REQUIRED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND FLORIDA STATUTES, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY") IN THE CASE OF THE MOST REVERED THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI, V CITY OF MIAMI, AND MIAMI- DADE COUNTY, AS INTERVENOR PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A RELEASE, SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING IN AND FROM ALLEGED VIOLATION OF CHAPTER 70, FLORIDA STATUTES, EACH PARTY TO BEAR THEIR OWN COSTS AND FEES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. WHEREAS, The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami ("Wenski"), has filed a lawsuit asserting claims and damages for alleged violations of the Bert J. Harris Private Property Rights Act, Chapter 70.001 et seq, as a result of the passage and implementation of Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and specifically the provisions of Section 3.5.5, "Height Limitations for Properties Abutting and in Proximity to National Historic Landmarks."; and WHEREAS, Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Vizcaya Museum and Gardens ("Vizcaya"), a National Historic Landmark; and WHEREAS, the City of Miami ("City") has denied any and all claims and liability; and WHEREAS, this Resolution seeks authorization for the settlement of all claims brought by Wenski involving the City by the City's entry into a settlement agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A" ("Agreement"), with Wenski; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute the proposed Agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A," and further authorized' to refer the proposed Development Agreement, a draft of which is attached and incorporated as Exhibit "B," to the Planning and Zoning Board for review and referral to the City Commission for final review, consideration and approval as required by the Code of the City of Miami, Florida, as amended, and State Statutes in full settlement of any and all claims alleged or which could have been alleged against the City in the case of The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, ("Wenski") in Case No. 13-12523 CA 06, pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, without admission of liability, upon executing a release, settlement, hold harmless and indemnification agreement of the its present and former officers, agents, and employees from any and all claims and demands arising in and from alleged violation of Chapter 70 of State Statutes. Section 3. The City Manager is authorized' to negotiate and execute the any and all necessary documents, in a form acceptable to the City Attorney, to effectuate the settlement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ?nde" z, pity Att ey 5/17/2022 ria i "ndez, pity t ey 5/26/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this_ day of April, 2022by and among The Most Revered Thomas G. Wenski, as Archbishop of the Archdioceses of Miami ("Wenski") and The City of Miami, FL ("City of Miami") and Miami -Dade County ("Miami - Dade") (each a "Party," and, collectively, the "Parties"). RECITALS 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 ("Lawsuit"), which included allegations related to violations by the City of Miami of the Bert J. Harris, Jr. Private Property Rights Protection Act; and WHEREAS, the City of Miami filed its Motion to Dismiss Amended Complaint on July 25, 2016; which Motion to Dismiss remains pending; and WHEREAS, the City of Miami denies liability regarding all of Wenski's claims; and WHEREAS, the Parties have engaged in good faith settlement negotiations in an effort to resolve the Lawsuit; and WHEREAS, to avoid the expense, inconvenience and uncertainties of litigation, the Parties wish to amicably resolve the claims set forth in the Lawsuit, and any all claims that were or could have been asserted by any of the Parties in the Lawsuit; and WHEREAS, Section 70.001(4)(c), Florida Statutes, contemplates and enumerates various settlements 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 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 to resolve all claims asserted among them in the Lawsuit; and NOW, THEREFORE, in consideration for good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties hereby agree as follows in full and complete resolution of the Lawsuit: 1. The foregoing recitals are true and correct and are incorporated herein as material terms of this Agreement. 2. Development Agreement. The Parties have agreed that Wenski will submit to the City of MIAMI 9167314.1 73664/42965 2/4/2022 9:29 AM Miami the Development Agreement, attached and incorporated as Exhibit "A", to allow certain development on the property in accordance with such Development Agreement, which the City Administration supports and will support during the public hearing process. Such Development shall be subject to review and recommendation by the City of Miami's Planning, Zoning and Appeals Board and will be subject to City Commission approval pursuant to local and state laws. Nothing herein guarantees any particular outcome before the City Commission and the approval of this Agreement by the City Commission is not intended to, and will not, imply or require any specific outcome before the City Commission upon the hearing of the Development Agreement. 3. Non -Disparagement. The Parties agree that they will not make any statements or remarks, or cause to be published which could harm or injure the business or reputation of each other. The Parties agree that the City of Miami and Miami -Dade shall abide by all laws and regulations related to public records notwithstanding this provision. 4. Mutual General Releases: Except for the Parties' obligations under this Agreement, the Parties agree as follows: A. WENSKI, hereby releases, acquits, and forever discharges the City of Miami and Miami - Dade County including all employees, officers, directors, commissioners, members, trustees and investors (collectively "City of Miami Releasees") from any and all manner of actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims for principal, interest, attorneys' fees, costs, direct, consequential or special and punitive damages, judgments; executions, claims and demands whatsoever, in law or in equity, which Plaintiff ever had, now have, or may have against City of Miami Releasees from the beginning of time to the present, relating to the Lawsuit. This Release, however, shall not affect the rights and obligations of the Parties set forth in this Agreement. B. City of Miami and Miami -Dade County hereby release, acquit and forever discharge WENSKI, including all employees, shareholders, officers, directors, members, trustees, beneficiaries, partners, insurers, attorneys of Wenski (collectively "Wenski Releasees") from any and all manner of actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims for principal, interest, attorneys' fees, costs, direct, consequential or special and punitive damages, judgments; executions, claims and demands whatsoever, in law and in equity, accrued or unaccrued, known or unknown, which City of Miami and Miami -Dade County ever had, now has, against Wenski Releasees from the beginning of time to the present relating to the Lawsuit. Notwithstanding the foregoing, City reserves all rights provided for in the Development Agreement which shall be attached hereto to and included herein upon final approval by the City Commission. This Release, however, shall not affect the rights and obligations of the Parties set forth in this Agreement or the Development Agreement approved by the City Commission. 5. Order of Dismissal. Upon execution of this Agreement, the Parties will file a Stipulation MIAMI 9167314.1 73664/42965 2/4/2022 9:29 AM for Entry of an Order of Dismissal which will provide for the (1) dismissal of the Lawsuit; (2) each Party to bear its own attorneys' fees and costs; and (3) reservation of jurisdiction to enforce the Agreement as necessary. The forms of the Stipulation and Order of Dismissal are attached hereto as Exhibit "C". 6. No Admission of Liability: Each Party expressly recognizes that this Agreement shall not in any way be construed as an admission by any Party hereto of any unlawful or wrongful acts or omissions whatsoever with respect to the Lawsuit. This Agreement shall not be admissible in any proceeding as evidence of any admission of liability. 7. Authority to Enter into Agreement: Each Party represents that it has truthfully represented themselves and their identities to the other Parties and that it has the authority to enter into, execute, and perform this Agreement on its behalf and on behalf of any other person or entity as represented in this Agreement. 8. Non -Assignability or Transferability of Claims: Each Party warrants, declares and represents that no part of any asserted or assertable claims have been assigned or transferred, and that each Party has full, exclusive, and unencumbered right, title and interest in and to such asserted or assertable claims. 9. Binding Nature of Agreement: This Agreement shall be binding upon each of the Parties and upon their respective, administrators, representatives, assigns and successors and shall inure to the benefit of each party and their respective heirs, administrators, representatives, successors, and assigns. 10. Governing Law and Jurisdiction: This Agreement shall be deemed to be made and entered into in the State of Florida, and shall, in all respects be interpreted, enforced and governed under the laws of Florida. The Parties agree that any litigation brought to enforce this Agreement shall lie exclusively in the state court of Miami -Dade County, Florida. 11. Interpretation: This Agreement has been negotiated by and between the Parties and shall not be construed against either party as the "drafter" of the Agreement. MIAMI 9167314.1 73664/42965 2/4/2022 9:29 AM 12. Modification of Agreement: This Agreement may not be amended, revoked, changed, or modified in any manner, except upon a written agreement executed by all Parties. 13. Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14. Entire Agreement: This Agreement sets forth the entire agreement between the Parties hereto, and fully supersedes any and all prior agreements or understandings between the Parties. 15. Headings: The headings of the provisions herein are intended for convenient reference only, and the same shall not be, nor be deemed to be, interpretative of the contents of such provision. 16. Signatures in Counterparts: This Agreement may be executed in counterparts, each of which shall be taken to be one and the same instrument, as if all Parties had executed the same signature page. A fax or scanned e-mail copy of any party's signature shall be deemed as legally binding as an original signature. 17. Effective Date: The Effective Date of this Agreement shall be the date that its execution is completed by all Parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties have executed the foregoing Settlement Agreement on the below -listed dates: THE MOST REVERED THOMAS G. THE CITY OF MIAMI, FLORIDA, a Municipal Corporation By: WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI By: Dated: Its: Dated: MIAMI-DADE COUNTY By: Its: Dated: MIAMI 9167314.1 73664/42965 2/4/2022 9:29 AM DEVELOPMENT 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, 3667 S Miami Avenue, and 3675 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, 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 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 1 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". "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. MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 2 "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 ofMiami, 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". "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. MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 3 "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," 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 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. MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 4 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. Notwithstanding the provisions of Section 5.7.2.5 of Miami 21, which 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," the existing Civic Institutional Uses located on the Main Campus Property may be expanded by up to, and not to exceed, 144,000 square feet beyond the existing floor area on site By Right. Th144,000 square feet is total expansion on the site and not per Use. 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'). The Auxiliary Property may have an Assisted Living Facility ("ALF") Use 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. 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 of eight (8) stories. 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 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 5 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. 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 6 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. 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 7 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. Avino, 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. 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 by the Owner by certified mail, return receipt requested at the Owner's sole cost. 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 8 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 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 9 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)(30) days of receipt. If the City fails to provide a written response within ten (10)(30) 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 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) (30)days of receipt. If the Owner fails to provide a written response within ten (10)(30) 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 10 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, (?)ofany 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 notwaive any right of such party to also seek monetary damages,(?)(shouldn't we remove 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. 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 MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 11 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 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. MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 12 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 9482899.2 101187/302653 5/20/2022 12:06 PM [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 9482899.2 101187/302653 5/20/2022 12:06 PM 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 9482899.2 101187/302653 5/20/2022 12:06 PM Arthur Noriega, City Manager 15 EXHIBIT "A" LEGAL DESCRIPTION (MAIN CAMPUS PROPERTY) Folio # 01-4114-005-0063 Commence at the most Westerly rer of Tract 4 of "V 2CAYA-JAME5 DEER:NS ESTATE" according to the Plat thereof recorded in Plat Dook 34 at Page 4G of the Pubic Records of Dade County, Florida; thence North 52 degrees 47 minutes 45 5C.Conds fast, along the NorthrvesterIy boundary of the said Tract 4, fora distance of 40 feet to the Point of IBeginning of the parcel of land herein described; thence South 37 degrees 12 minutes 15 Seconds East, parallel to the Southwesterly boundaryof the said Tract 4, for a distance of 725.00 feet; thence North 52 degrees 47 minutes 45 5ecan65 East fora distance 323.GO feet; thence North 37 degrees 23 minutes 57 seconds West fora distance of G0.00 feet:; Ice North 52 degrees 47 minutes 45 seconds East fora distance of 4,12 feet; thence North 37 degrees minutes 15 seconds West fora distance of 665 .00 feet to a point on the Northwesterly boundary of the 4; thence South 52 degrees 47 minutes 45 seconds West, along the Northwesterly boundary of act 4. fo- . swa ,Ce of 327.52 feet to the Point of beginning, Folio # 01-4114-005-0051 A PORTION C` (7 4, ACCORDING TO TI1E PLAT OF "VIZCAYA JAMES DEERING ESTATE", A5 RECORDED IN PLAT BOOK 34 AT PAGE 4G, OF h'E 'LB IC RECORD5 OF MIAMI-DADS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT "A", ACCORDING TO THE PLAT Of "MERCY 1105PITAL", A5 RECORDED IN PLAT BOOK 148 AT PAGE 5 I , Of THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 37 DEGREE5 12 MINUTES 15 SECONDS EAST FOR. ' OG0.00 FEET; THENCE NORTH 07 DEGREE5 47 MINUTES 45 SECONDS EAST FOR 5G.57 FEET; THENCE SOUTH 82 DEGREES 12. ....UTES 15 SECONDS EAST FOR ' 3 , .34 'LET; THENCE SOUTH 37 DEGREES I." ..:TES 15 5ECONDS EA5T FOR 74.25 FEE- 7.) `I1E POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; SAID LA5T DESCRIBED FOUR COURSES BEING CO!NC'D F 1- WITH THE NORTHEA5TERLY BOUNDARY UNE5 OF 5AID TRACT 'A", A5 SHOWN ON THE 5AID PLAT OF "MERCY HOSPITAL". 1'-. 7iORT11 3G DEGREES 49 MINUTES 01 SECONDS EA5T FOR 123.77 FEET; THENCE SOUTH 89 DEGREES 5G MINUTES 17 SLC ;..., R 185.75 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO-1i MINUTES 18 SECONDS OR AN ARC ALONG THE ARC OF A CIRCULAR CUR,' T r :'VING A RADIUS OF 42.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES I G OF 38.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, -- `LAVING A RADIUS OF 52,00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 35 MINUTES 23 SECONDS FOR AN ' Cr30.49 FEET TO A POINT COMPOUND CURVATURE; THENCE 5OUTHEASTER!Y, EASTERLY AND NOR h: _,= -RLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIU5 OF 35.00 FEET AND A CENTRAL ANGLE Of 5G DEGREE 3G MINUTES 43 5ECOND5 FOR AN ARC DI5TANCE OF 34.58 FEET TO A POINT Of TANGENCY; THENCE NORTH 52 DEGREES 07 MINUTE5 55 5ECOND5 EA5T FOR 30.35 FEET TO A POINT Of CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC Of A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS Of 15.00 fEET AND A CENTRAL ANGLE OF 27 DEGREES 21 MINUTES 09 SECONDS FOR AN ARC DISTANCE Of 7.1 G FEET TO A POINT Of COMPOUND CURVATURE; THENCE NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RAD1U5 OF 44.00 FEET AND A CENTRAL ANGLE OF 1 G DEGREES 55 MINUTES 4G SECONDS FOR AN ARC DI5TANCE OF 13.00 FEET TO A POINT ON 5AID CIRCULAR CURVE; THENCE NORTH 5G DEGREE5 I G MINUTE 27 5ECOND5 EA5T FOR 22,98 FEET; THENCE SOUTH 33 DEGREES 34 MINUTE5 35 5ECOND5 EAST FOR 99.89 FEET; THENCE NORTH G5 DEGREE5 17 MINUTES I G 5ECOND5 EA5T FOR 5.27 FEET, THENCE 50UTH 33 DEGREES 34 MINUTE5 35 SECONDS EA5T FOR G8.98 FEET; THENCE SOUTH 23 DEGREES 44 MINUTE5 4 15ECOND5 WE5T FOR 7.74 FEET: THENCE SOUTH 32 DEGREES 20 MINUTES 53 SECONDS WEST FOIZ I G.35 FEE`: THENCE SOUTH 3! DEGREES 58 MINUTES 15 SECONDS EAST FOR 54.37 rEET; THENCE SOUTH 25 DEGREES 22 MINUTES 14 5LC01D5 WEST FOR 47.44 FEET; THENCE SOUTH 54 DEGREES 03 MINUTE5 23 SECONDS WEST FOR 321.25 FEET; SAID LA5T DESCRIBED TWO COURSES BEING COINCIDENT WITH THE METROPOLITAN DADE COUNTY BULKHEAD LINE AND UNITED 5TATE5 HARBOR UNE, A5 5HOWN ON THE PLAT OF "METROPOLITAN DADE COUNTY. FLORIDA BULKHEAD LINE PART THREE', A5 RECORDED IN PLAT BOOK 74 AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;. THENCE NORTH 37 DEGREES 12 MINUTE5 15 5ECOND5 WE5T, ALONG THE NORTHEASTERLY BOUNDARY LINE Of SAID TRACT "A", A5 SHOWN ON THE SAID PLAT Of "MERCY HOSPITAL", FOR 427.81 FEET TO THE POINT Df BEGINNING; ALL LYING AND BEING IN SECTION 14, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM 16 EXHIBIT "B" LEGAL DESCRIPTION (AUXILLARY PROPERTY) Folio # 01-4114-005-0061 A PORTION OF TRACT 4, " 4ZCAYA-JAMES DEERING ESTATE', ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 34, AT PACE 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 " 7IZCA 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 " 4ZCAYA-DAMES DEERING ESTATE'" FOR 72500 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 "I4ZCAYA-DAMES DEERING ESTATE; FOR 40.00 FEET TO TIIE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 37 DECREES 12 MINUTES 15 SECONDS EAST ALONG A LINE THAT IS 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 "OZCAYA-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 LVIZCAYA-JAMES DEERING ESTATE; FOR 324.412 FEET; THENCE NORTH 37 DEGREES 23 MINUTES 15 SECONDS WEST FOR 237.226 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 THE NORTHWESTERLY BOUNDARY OF THE SAID TRACT 4, OF THE SAID PLAT OF VIZCAYA-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 9482899.2 101187/302653 5/20/2022 12:06 PM 17 EXHIBIT "C" [See following page.] MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM DIAMOND 'TING ROYAL PALMS *. y sTt ING s20°421 SPHALT PAVE(BRIDGE ROYA'CPALNY — — 7. ST. KIERAN - _CHURCH /J, ���♦����♦ CANOE `9,, '��... STORAGE AUNCH � 2455'-S59°2713"E �♦� ;♦♦40 3585S050123E 11.14'S34°47'02 18,4'S:4,03'34, PkIASF TT FINE ARTS BUILDING IL.• L,O: Mn,TOM �M Tna0 389' 5"' 11-I 1-1-1 EHI3TING F.P.&L. MERCY HOSPITAL 11.40'-N.82°3E 28295',32,12'16"E NEW PARKING LOT F{� _'E.LIX1z PAVII 11�����i���������fl__ l J -1111111111nllllll 11 11111 MERCY MERCY HOSPITAL HOSPITAL EXHIBIT "D" [See following page.] MIAMI 9482899.2 101187/302653 5/20/2022 12:06 PM iVL ITV■ LVV 1 V•VV 1;5' A ti''" -5,IF, 1,4 Metal Handrails /7/ 0, -45 "`.yt 2p' A Lin a 227' 22.9' 1Hal! 0. ' Encroach czn } 1. y4.c Le. C.� 1‘ Asphalt arw (1' okr sm. L 6'; 8' Typing. Aluminum Shed A\C 6,35' Roofed Concrete Walk > 4265" 69.85' 735' Roofed Concrete Walk ifs Pkr r 0 irk 6.35' Roofed Concrete Walk / / / 129.82' /4779Trf.B4 STRU iigyr 2 2 i .5' As hat Walk D.I.P. Fire Line attached to wall 0 \\\\\\\\\ LOT SIZE : +/- 76,857 SF \\\\\\ +/- 1.76 ACRES LOT COVERAGE : 43% OF 76,857 SF= 33,103 SF OPEN SPACE: 58% OF 76,857 SF DI = 44,292 SF .1*Pot&' *,41417. 2 *Illowwwommammommommftos‘ Xstat‘ Ate SECONDARY ® FRONT SETBACIA — — o" _ — CK PRINCIPAL FRONT SET- -237' - 0" ASPHALT PAVEMENT I I J (PRIVATE ROAD) _ MERCY ROAD 6' C.B.S. WALL CHAINLINK FENCE 6' WOOD FENCE 1.5' WIDE SEAWALL O-OCIDH DESCRIPTION PRINCIPAL FRONT SECONDARY FRONT SIDE REAR ABUTTING SIDE OR REAP 7 - BUILD! DESCRIPTION COMMON LAWN PORCH & FENCE TERRACE OR L.C. FORECOURT STOOP SHOPFRONT GALLERY ARCADE 8 - PARK! DESCRIPTION — CONCRETE — - -SLAB FOR -ai is CTf1P- CIVIL SUPPORT USES A REQUIREMENT UUO 618 SF DOMESTIC PUMP EMERGENCY SWITCH GEAR 531 268 SF TRASH & RECYCLING RM V 9 10 11 RECEIVING OFFICE 532 203 SF 12 13 14 0 0 FOOD SERVICE LINE 629 386 SF MEN 634 374 SF WOMEN 635 375 SF 2 15 nn FT [A ui Ei A C A Ell rigil A El A C ri ESA Lib •��rl E Elr'''A (mob orb ( A C IA nn A C A LOBBY 640 245 SF COVERED 1 WALKWAY 45 44 43 63 72 62 73 83 84 END WALL 42 61 41 40 26' - 0" 39 j. 38 37 36 35 34 33 • 60 :R 59 58 57 56 55 16RAMP UP 1 5.5% 17 FROM 2 18 SECOND 3 19 21 22 23 24 25 TO THIRD 4 5 6 7 8 9 10 UNIT A Studio 517 JLL OF UNIT A Studio 505 517 SF UNIT A Studio 506 527 SF UNIT A Studio 507 514 SF UNIT A Studio 508 522SF I I I UNIT A Studio 509 522SF UNIT A Studio 510 512 SF UNIT A Studio 511 512 SF UNIT A Studio 512 522SF UNIT B ) 710 231 SF Room 711 � 230 SF A Room 712 231 SF \ Room 713 230 SF Q Room 714 231 SF Room 715 230 SF Room 716 231 SF Room ) 717 230 SF Q Room 718 231 SF Room Room 836 230 SF Room 835 231 SF Room 834 230 SF Room 833 231 SF Room 832 230 SF Room 831 231 SF Room 830 230 SF Room 829 231 SF 0 8' 16' 32 SCALE IN FEET HEIGF T.O. P, 8T 7T 0 THIRD LEVEL PARKING 24' - 6" �! SECOND LEVEL PARKING 15'-0" GROUND LEVE 0'-0" 8' 16' SCALE IN FEET 32' HEIGHT ROOF Atik 98'-6" T.O. PARAPET AL 90'-0" ROOF dikk 86' - 6" 8TH LEVEL dikk 74' - 6" AMENITIES VERTICAL CIRCULATION PARKING SUPPORT SPACE NURSING HOME EXTENDED CARE BUILDING SECTION 1/16" = 1'-0" PERSPECTIVE VIEW N.T.S. 1 palm exempt by ordinance 48 4 6 6 1 palm 1 palm 1 palm exempt by ordinance exempt by ordinance 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 1 palm 15 1 palm 1 palm 1 palm exempt by ordinance exempt by ordinance 1 palm 1 palm 1 palm 1 palm 1 palm r r s r, ,46 cJej 0., 48 49 50 51- 52 • // —4 s I \I r 16 \1y�� 17 �\ 15 18 14 1( //////// 1—STORY C.B.S. STRUCTURE //////// x x ZZZZZA //////// ) o' 1„ FPL TRANSFORMER 504 879 SF // COMPUTER TRAINING ROOM 632 308 sF =DGING DETAIL FOR LEA N.T.S. 15' JE RIER 15' TREE TRUNK INSTALL WHEN 8' OR LESS LESS THAN 8 FT. tall root barrier so top of barrier is sh with top of grade. ien trees are to be installed CLOSER AN 8 FT. from edge of walks or curbs, tall a root barrier. The root barrier shall end a minimum of 15 ft. from the edge [he trunk in either direction. EDGE OF PAVEMENT DISTANCE VARIES FOR EACH SPECIES SPACING See PLANT LIST WALL, CURB, EDGE OF PAVEMENT, OR EDGE OF BED 18" FOR 12"-18" o.c. SPACED SHRUBS 24" FOR 24" o.c. SPACED SHRUBS 3' FOR 36"-48" o.c. SPACED SHRUBS (UNLESS OTHERWISE SPECIFIED) SHRUB SPACING DIAGRAM N.T.S. SET TOP OF ROOT BALL 1 1/2" - 2" EDGE OF PAVEMENT ABOVE SURROUNDING GRADE EZ INSTALLATION DETAIL 2" MULCH FLUSH WITH ADJACENT PAVEMENT (KEEP AWAY FROM SHRUB STEMS) PLANTING SOIL REMOVE ANY PORTIC BASKETS ABOVE THE 7 THE ROOTBALL. REM' BURLAP COVERINGS I TOP HALF OF THE RO COMPLETE REMOVE ROOTBALL COVERING (4)2" DIA. 8' LONG VVt AT CORNERS DRIVEN BOTTOM OF PLANTEI PLANTING SOIL — SHRUB INSTALLATION DETAIL MULTI-7 N.T.S. N.T.S. EDGE OF