HomeMy WebLinkAboutExhibit B (Easement Agreement)This instrument prepared by and return to:
Akerman LLP
Three Brickell City Center
98 SE 7th Street, Suite 1100
Miami, Florida 33131
Attention: Neisen O. Kasdin, Esq.
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applies de decision -making body will
rodew the information at the pubc hearing to render a
recommendation or a final decid on.
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THIS PUBLIC ACCESS EASEMENT AND MAINTENANCE AGREEMENT (this
"Agreement") is made this day of , 2023 by DD 4200 LLC, a Florida
limited liability company, whose mailing address is 200 West Cypress Creek Road, Suite 500 Ft.
Lauderdale, Florida 33309 ("Owner"), in favor of the CITY OF MIAMI, a Florida municipal
corporation, whose mailing address is c/o City of Miami, 3500 Pan American Drive Miami, Florida
33133 (the "City"). The Owner and the City are each a "Party", and collectively are the "Parties"
to this Agreement.
RECITALS:
WHEREAS, the Owner holds fee simple title to that certain real property located in the
City of Miami, Miami -Dade County, Florida, more particularly described Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, upon receiving all the necessary approvals and entitlements, the Owner
intends to develop the Property with a park on the ground level surface of the Property (the "Park")
and a below -grade private parking garage (the "Parking Garage") containing a vehicular entrance
ramp (the "Entrance Ramp") into the Parking Garage from NE 42nd Street (collectively, the
"Project"), as shown on the conceptual plans labeled Exhibit "B" attached hereto and incorporated
herein by reference; and
WHEREAS, the Owner seeks to grant a perpetual, non-exclusive easement in favor of the
City in, upon, and through the area of the Property being located on the ground surface level of the
Property as more particularly described in Exhibit "C" attached hereto and incorporated herein by
this reference (the `Basement Area"), while retaining perpetual exclusive rights to the Entrance
Ramp, the Parking Garage and all other below grade areas and subterranean rights in the Property;
and
WHEREAS, development of the Park contemplates improvements which include, but are
not limited to, the following: landscaping, irrigations systems, decorative lighting, signage, seating,
and pavers, in accordance with the minimum standards and guidelines identified in Exhibit "D",
as may be approved by the City's Historic Preservation and Environmental Board and other
reviewing bodies (collectively, the "Improvements"); and
WHEREAS, upon completion of the Project the City shall operate the Park as a public
park for the use and enjoyment of the general public pursuant to the terms in this Agreement.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties hereto intending to be legally bound hereby agree as follows:
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1. Incorporation of Recitals. The Parties acknowledge that the fo
and the exhibits referred to therein are true and correct and hereby incorp
Agreement as if fully set forth herein.
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2. Grant of Easement. The Owner hereby grants to the City, effective up
a Certificate of Occupancy ("CO") for the Project and continuing during the time the City
the Easement Area as a park as set forth in this Agreement, a perpetual, non-exclusive easement
in, upon, and through the Easement Area for the purpose of operating the Easement Area as a park
for the reasonable use and enjoyment of the general public. The Parties agree that the Entrance
Ramp and Parking Garage will not operate unless and until the Improvements are complete.
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance with timelines set forth in the City of
Miami Code. The applicable decision -malting body will
renew the information at the public hearing to render a
recommendation or a final decision.
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3. Owner's Construction and Maintenance of Park and Improvements. Except as
set forth in Section 4 below, which shall be the responsibility of the City, Owner, at its sole cost
and expense, will install, construct, maintain, improve, replace, and repair the Improvements to be
located within the Easement Area in substantial accordance with its final approved entitlements. In
the event that Owner fails, in the reasonable discretion of the Director of the Parks and Recreation
Department or its designee (the "Director"), to properly maintain the Improvements, or any part
thereof, and such failure results in the Improvements becoming a potential hazard to the health,
welfare, and/or safety of the general public, the City shall give Owner written notice of such failure
in accordance with Section 26 of this Agreement, with copies to any mortgagee who has given
written notice of its lien to the City, and Owner shall within thirty (30) days from receipt of such
notice either (i) restore the Improvements, or any part thereof, to a safe condition or (ii) remove the
Improvements, or any part thereof, and restore the Park to a safe condition, provided that, in the
event of the required restoration or removal cannot be reasonably completed within such thirty (30)
day period, Owner shall not be in default hereunder if, within such thirty (30) day period, Owner
shall commence such restoration or removal and diligently pursue the same until completion. If
Owner fails to complete the required restoration or removal of Improvements, or any part thereof,
at set forth in this Section 3, the City may perform such restoration or removal, and Owner shall
reimburse the City for the reasonable costs and expenses incurred in connection with such
restoration or removal within thirty (30) days after written demand from the City. Notwithstanding
the above, the City Manager may grant time extensions for compliance to Owner for reasons outside
of its control, including without limitation, Force Majeure events, upon Owner's showing of
reasonable and practicable efforts to timely comply.
4. City's Operation of Park. The City, at its sole cost and expense, shall operate the
Park, which operation includes the following: (i) inspection of Park facilities, equipment, and
amenities to ensure compliance, safety, and proper operation; (ii) programming, if any; and (iii)
marketing efforts, if any;
5. Hours, Signage, Security. The Park hours of operation are Monday through Sunday
from 7:00 AM to 10:00 PM. The Owner shall design, construct, and maintain signage identifying
the Park as a City Park that is open to the public and listing the Park's hours of operation. The
Director of Parks and Recreation Department shall review and approve all sign copy. Owner will
provide security personnel or cameras for the Park during all hours at Owner's sole cost and
expense.
6. Events. Because the Owner, and not the City, is responsible for maintaining the Park
Improvements and providing security for the Park, applications for Park Facility Permits to conduct
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events at the Park shall be subject to the rules and procedures in the Design Di
Permit Handbook Supplement (the "Handbook Supplement"), as may be amended.
Supplement will be published in the City's website and made available to the publi
7. Cooperation; Expedited Permitting and Time is of the Essence. Wi
the Property, the Parties agree to cooperate with each other to the full extent practicable
to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all
aspects of their respective and mutual responsibilities pursuant to this Agreement. The City shall
use its best efforts to expedite the permitting and approval process in an effort to assist Owner in
achieving its development and construction milestones pertaining to the Property. In addition, the
City will designate an individual within the City Manager's office who will have a primary (though
not exclusive) duty to serve as the City's point of contact and liaison with Owner in order to
facilitate expediting the processing and issuance of all permit and license applications and
approvals across all of the various departments and offices of the City which have the authority or
right to review and approve all applications for such permits and licenses.
NOTICE
This submittal needs to be scheduled fora public healing
In accordance v h timelines set forth in the City of
Miami Code. The appllutte decision -mall ng body will
review the information at the pubec hearing to render a
recommendation or a final decision.
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Notwithstanding the foregoing, the City shall not be obligated to issue development permits
to the extent Owner does not comply with the applicable zoning requirements, the Comprehensive
Plan, this Agreement or applicable building codes or regulations.
8. Covenant Running with the Land. This grant on the part of Owner constitutes
both a covenant and a condition running with the land and shall be recorded, at Owner's expense,
in the public records of Miami -Dade County, Florida, (the "Public Records") and shall remain in
full force and effect and be affirmatively enforceable against the Parties hereto, and their heirs,
successors, and assigns.
9. Indemnification. 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 use or occupancy of the Easement Area
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. Notwithstanding this Section, the Owner shall not 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 arising from the City, its agents or representatives' actions or lack thereof including, but not
limited to, the City's design, construction, installation, operation, use, maintenance, repair and/or
replacement of, or the failure to properly design, construct, install, operate, use, maintain, repair
and/or replace, any improvements as set forth in this Section 3 of this Agreement.
10. Insurance. Owner's contractor shall carry a comprehensive general liability policy
of insurance on a primary and non-contributory basis with limits of at least $1,000,000 combined
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single limit for bodily injury and property damage issued by a State of Florida lic
company rated AV or better per A.M. Bests' Key Rating Guide or such other poli
as may be agreed to be Owner and the City. The insurance shall be subject to the
City's Insurance Coordinator. Products and completed operations, contractual liabih
collapse and underground liability coverage shall be included under said policy. Th
shall be provided by Owner's contractor. The policy term or any renewals thereof shall re
effect for the term of the Agreement. The insurance carrier for the policy must be rated no less
than A Rated as to management and no less than Class V as to strength by the latest edition of
Best's Insurance Guide and must be approved by the Risk Management Division of the City. The
City shall be named as Additional Insured under the policy. Proof of insurance shall be supplied
to the satisfaction of the City prior to the issuance of any permits. A certificate of insurance bearing
the City as "Additional Insured" shall in no way relieve Owner of the obligation to add the City as
"Additional Insured" to the actual insurance policy. The insurance policy shall provide that the
City be given at least thirty (30) days advance written notice of any material changes, cancellation,
or non -renewal notification of any policy, and in the event of such material change, cancellation,
or non -renewal notification, Owner shall immediately replace said policy with another policy to
the satisfaction of the City with the receipt of a certificate of insurance for such policy by the City
at least ten (10) days prior to the effective date of the material changes, cancellation, or non -
renewal of any policy. In the event that the City is not in possession of same by such date, then the
City shall have the right to immediately secure a similar insurance policy in its name with the total
cost of the premium and all monies that may become due during the term of the Covenant being
charged to Owner and the City shall have the right to declare and establish said costs as a lien on
the Owner's Property and enforced as any lien provided for under the statutes of the State of
Florida. Owner agrees to increase from time to time the limits of the comprehensive liability
insurance policy required to be provided pursuant to this Agreement, upon the written request of
the City.
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance with timelines set forth in the City of
Miami Code. The applicable decision -malting body ...AIL
renew the information at the punt hearing to render a
recommendation or a final decision.
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11. Construction Liens. The City shall keep the Property free and clear of all liens
and claims of liens for labor and services performed on, and materials, supplies, or equipment
furnished to, the Property in connection with the City's use of the Easement Area pursuant to the
Agreement.
12. Hazardous Materials. The City shall comply with federal, state, and/or local law,
and ordinances, and regulations promulgated thereunder relating to the generation, manufacture,
production, use, storage, release, discharge, disposal, transportation, or presence of any Hazardous
Materials ("Environmental Laws") in, on under, or about the Property by the City. For purposes
of this Agreement, "Hazardous Materials" means any flammable explosives, asbestos, asbestos
containing materials, radioactive materials, hazardous wastes, petroleum, including crude oil or
any fraction thereof, polychlorinated biphenyls, corrosive, reactive, ignitable, toxic, reproductive
toxic, carcinogenic or any other substances, materials, wastes, products, chemicals, or compounds
that are controlled or regulated by any federal, state, or local law, rule, or regulation, regardless of
quantity or levels and whether injurious by themselves or in combination with other materials.
13. Owner Financing. Subject to the terms and conditions set forth in this Agreement,
Owner shall be entitled to obtain financing and grant a lien or otherwise encumber Owner's fee
estate in the Property to any financial institution or other person or entity that from time to time
provides secured financing to Owner secured the Property or any portion thereof. Any such lien or
other encumbrance shall be subordinate to this Agreement.
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14. Estoppel Certificates.
(a) In relation to the Property, upon request from time to time b
successors and/or assigns, or any mortgagee, the City shall deliver to
(in recordable form, if requested, and in a form reasonably acceptabl
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -malting bodywill
renew the Information at the pubc hearing to render a
recommendation or a final decision.
Attorney) stating whether the obligations of the Owner or its successo
assign under this Agreement are current and in good standing or have been satisfie
In the event Owner or its successor and/or assign is not current in its obligations or
such obligations are not satisfied, said letter shall state the particular manner in
which Owner's obligations under this Agreement are not current and in good
standing or have not yet been satisfied. No other person other than Owner
(including its successor or assign), or a mortgagee of the Property, may request or
rely upon such an estoppel.
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(b) Within thirty (30) days of receipt of written request from a Owner or its successor
or assign or mortgagee, the City Manager, on behalf of the City, shall execute an
estoppel certificate or similar document, in form and substance reasonably
acceptable to the City Attorney, affirming the Owner's compliance with the
conditions set forth in the Agreement. Should the City fail to execute the requested
estoppel certificate within the aforementioned time period, the City's non -response
shall be presumed to indicate the Owner's compliance with the terms of the
Agreement.
15. Liability Limitation. The Owner, pursuant to and in accordance with the terms
and conditions of this Agreement, makes the Easement Area available to the public free of charge
for outdoor recreational purposes. Accordingly, to the maximum extent permitted by law, Owner
may avail itself of the limitations of liability afforded pursuant to Section 375.251, Florida Statutes,
to the fullest extent applicable to the Easement Area and the design, construction, installation,
operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct, install, operate, use, maintain, repair and/or replace, any owner improvements.
Notwithstanding anything to the contrary contained in this Agreement, the obligation of the Owner
to indemnify, defend and hold the City harmless as set forth herein shall not apply to the extent
any such Claims arise from the gross negligence or willful misconduct of the City, its agents and
representatives, any successor or assign of the City, and/or the general public.
16. Ad Valorem Taxes and Assessments. The Parties acknowledge that the Easement
Area will be used as a public park. As this Agreement is intended to ensure use of the Easement
Area for public purposes, the City covenants to cooperate with any efforts by the Owner to exempt
the Easement Area from ad valorem taxation due to its public use, by providing documentation to
Owner, as may be reasonably necessary, to evidence the public uses of the Easement Area.
Notwithstanding the foregoing, Owner shall be solely responsible for the payment of any ad
valorem taxes or assessments, if any, with respect to the Easement Area.
17. Modification, Amendment, Release. Neither this Agreement nor any provision
hereof may be changed, amended, modified, waived, or discharged verbally or by any course of
dealing, but only by an instrument in writing signed by the Parties.
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18. Enforcement. Enforcement shall be by action at law or in eq
parties or person violating, or attempting to violate, any covenants, either to restr
to recover damages. This enforcement provision shall be in addition to any
available at law, in equity, or both.
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NOTICE
ThIs submittal needs to be scheduled fora puboc hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The appllwtte decision -malting bodywill
review the information at the pubnc hearing to render
recommendation or a final decision.
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19. Election of Remedies. All rights, remedies and privileges granted herein R,/IE
deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute
an election of remedies, nor shall it preclude the Party exercising the same from exercising such
other additional rights, remedies or privileges.
20. Severability. Invalidation of any one of these covenants, by judgment of a court,
shall not affect any of the other provisions which shall remain in full force and effect.
21. Captions. The headings and captions contained in this Agreement are for
convenience and reference only and in no way define, limit, or describe the scope of the intent of
this Agreement.
22. Construction and Interpretation. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the
part or parties may require. The Parties agree that any rule of construction to the effect that
ambiguities are to be resolved in favor of either Party shall not be employed in the interpretation
of this Agreement and is hereby waived.
23. Exercise of Rights. Notwithstanding anything herein to the contrary, any rights
granted to the City shall be exercised, so as to avoid and/or minimize interference with the use and
operation of the Parking Garage and the Entrance Ramp.
24. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the Property or the Easement Area to the City or to the general public,
it being the intention of Parties that this Agreement shall be strictly limited to and for the purposes
herein expressed.
25. Notices. All notices, requests, demands or other communications hereunder shall
be in writing and shall be delivered either by (a) certified mail, return receipt requested, in which
case notice shall be deemed received three (3) business days after deposit, postage prepaid in the
U.S. mail, (b) a reputable messenger service or a nationally recognized overnight courier, in which
case notice shall be deemed received one (1) business day after deposit with such messenger or
courier, (c) personal delivery with receipt acknowledged in writing, in which case notice shall be
deemed received upon delivery. Notices shall be deemed given or sent upon deposit in the U.S.
mail in the case of clause (a) above, or upon deposit with a reputable messenger or courier in the
case of clause (b) above. Notices shall be deemed given or sent upon receipt in the case of clause
(c). All such notices shall be addressed as follows:
If to Owner:
4200 DD LLC
4218 NE 2nd Avenue
Miami, Florida 33137
Attn: General Counsel
co
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With a copy to:
If to City:
With a copy to:
With a copy to:
Akerman LLP
98 SE 7th St., Suite 1100
Miami, FL 33131
Attn: Neisen O. Kasdin, Esq.
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
Attn: City Manager
City of Miami Attorney
Miami Riverside Center
444 SW 2 Avenue, 9th Fl
Miami, FL 33130
City of Miami
Director of Parks and Recreation Department
Miami Riverside Center
444 SW 2 Avenue, 8th Fl
Miami, FL 33130
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NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body ...AIL
renew the Information at the pubc hearing to render s
recommendation or a final decision.
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The foregoing addresses may be changed by written notice to the other Party as provided
herein. Counsel for any Party may give notices to the other Party with the same effect as if given
by the Party. Rejection or other refusal to accept or inability to deliver because of changed address
of which no notice was given shall be deemed to be receipt of the notice, request, or other
communication.
26. Recording. This Agreement shall commence on the date of recordation in the
Public Records.
27. Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Agreement. Venue for any action brought hereunder
shall be proper exclusively in Miami -Dade County, Florida.
28. Successors and Assigns. The covenants, conditions and agreements contained in
this Agreement will inure to the benefit of and be binding upon the successors and assigns of
Owner and the City.
29. Authority to Execute. The Parties warrant and represent to the each other that the
individual signing this Agreement on their behalf has full power and authority to execute and
deliver this Agreement and to said Party.
30. 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
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or other email transmission), which signature shall be binding on the Party
contained therein.
[SIGNATURE PAGES FOLLOW]
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance w10 timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the Information al the pubc hearing to render s
recommendation or a final decision.
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IN WITNESS WHEREOF, Parties have executed this Agreement as of t
first above written.
Signed, sealed, and delivered OWNER:
in the presence of:
DD 4200 LLC,
WITNESSES: a Florida limited liability company
Print Name:
Print Name:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE)
o_s
NOTICE
This submittal needs to be scheduled fora puboc healing
In accord ante wM1h timelines set forth in the City of
Miami Code. The applicatte decision -mall ng body will
review the inforrnaion at the pubec hearing to render a
recommendation or a final decision.
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By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of [] physical presence or [_]
online notarization, this day of , 2023, by Ophir Sternberg, as Manager of
OZ Holdings of Miami, LLC, the Manager of Lionheart Management LLC, the Manager of 4200
NE 2ND AVE VENTURES LLC, the Manager of DD 4200 LLC, a Florida limited liability
company, on behalf of said company, who is [] personally known to me or [_] produced
as identification.
Print or Stamp Name:
Notary Public, State of
Commission No.:
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Signed, sealed, and delivered CITY:
in the presence of:
CITY OF MIAMI,
WITNESSES: a Florida municipal corporation
Print Name:
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body ...AIL
renew the information at the pubc hearing to render a
recommendation or a final decision.
By:
Name:
Title:
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Print Name: ATTEST:
By:
Print Name:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE)
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The foregoing instrument was acknowledged before me by means of [] physical presence or [_]
online notarization, this day of , 2023, by , as of
the CITY OF MIAMI, a Florida municipal corporation, on behalf of the city, who is []
personally known to me or [_] produced as identification.
Print or Stamp Name:
Notary Public, State of
Commission No.:
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL DESCRIPTION:
AND CORRECTNESS
Victoria Mendez
CITY ATTORNEY
Ann -Marie Sharpe, Director
Juvenal Santana, Jr., P.E., CRM
Director- Public Works
Department of Resilience Public Works
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Risk Management
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
44,
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
44,
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Exhibit A
Legal Description of the Property
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
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Exhibit B
Conceptual Plan
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
44,
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Exhibit C
Legal Description of the Easement Area
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
44,
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Exhibit D
Park Improvement Guidelines
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
44,
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As per the "Pocket Park" guidelines identified within the Parks and Open Space Master
Plan 2023 and Miami Zoning Code Article 4 Table 12: Design Review Criteria, as
amended, the park shall be designed, constructed, and maintained to be usable and inviting
to the public and include the following minimum components:
1. Minimizes space allocated to curb cuts and vehicular access;
2. Visible and convenient pedestrian access from the public realm;
3. Walkway connections to existing and proposed neighborhood pedestrian paths and/or
trails;
4. Designed in such way that allows for visibility into the park from future adjacent
development;
5. High -quality permeable hardscape materials, as appropriate;
6. Furnishing elements such as benches, water fountain, bicycle racks, and shade structures;
7. Native trees and shrubs either in raised planters or ground dependent on undersoil
conditions;
8. Lighting of footpaths and other key park components, but which minimizes glare to the
public realm and abutting properties;
9. Public Art;
10. Integrated wayfinding and signage; and
11. Design elements that support biological diversity and local stormwater management.
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