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HomeMy WebLinkAboutLegislation-SUB (2)City of Miami Ordinance 14416 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17618 Final Action Date: 11/20/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ("MIAMI 21") BY AMENDING THE EXISTING JUNGLE ISLAND SPECIAL AREA PLAN, INCLUSIVE OF THE REGULATING PLAN AND CONCEPT BOOK, TO ALLOW THE REZONING OF THE T6-12-0 TO T6-36A-O FOR APPROXIMATELY 5.3 ACRES A PORTION OF THE DEVELOPMENT TOTAL OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) AS PART OF THE AMENDMENT WITH A NAME CHANGE TO THE "ECORESILIENCY SPECIAL AREA PLAN ("SAP"), LOCATED AT APPROXIMATELY 1111 MAC ARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES TWO RESIDENTIAL TOWERS WITH A MAXIMUM HEIGHT OF 48 STORIES, 600 RESIDENTIAL DWELLING UNITS AND APPROXIMATELY 2,874,128 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR AREA; THE SAP SHALL CONTAIN A 13.235 ACRE PUBLIC WATERFRONT PARK; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCEL AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF MIAMI 21 WILL APPLY; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ecoresiliency Miami LLC, a Delaware limited liability company ('Applicant") holds a Purchase and Sale agreement, attached and incorporated as Exhibit �E3," for \an approximate 5.3 acre site of property on Watson Island, and seeks to redevelop approximafery 13.235 acres of public land into a public park, located at 1111 MacArthur Causeway, Miarnft Florida, as more particularly described in the attached and incorporated Exhibit "A", (the p "Property'); and • WHEREAS, in 1998, the City of Miami ("City") authorized development of Jungle IsjAnd (previously referred to as "Parrot Jungle") on vacant waterfront property owned by the City via a Major Use Special Permit ("MUSP") approved under City Commission Resolution R-98-0376, which included 172,444 square feet of visitor attraction spaces, accessory commercial uses, and 588 parking spaces in a parking structure on the south of the Property ("Jungle Island MUSP"); and WHEREAS, in 2000, a modification to the Jungle Island MUSP approved under City Commission Resolution R-00-1032 changed the development plans to reconfigure certain site improvements and move the ballroom facility above a two-story portion of the building. The City of Miami Page 1 of 7 File ID: 17618 (Revision: B) Printed On: 2/4/2026 17618 Legislation -SUB ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17618 Enactment Number: 14416 Jungle Island theme park began operating in 2003, and the configuration of Jungle Island has remained generally in accordance with the MUSP approval since that time; and WHEREAS, on August 28, 2018, pursuant to City Commission Resolution No. R-18- 0232, the City voters approved, via referendum, a City Charter amendment to waive competitive bidding and approve the proposed modification to the Jungle Island lease for development of a new hotel development and attractions; and WHEREAS, subsequently, on February 25, 2021, pursuant to City Ordinance No. 13973, the Miami City Commission approved the Jungle Island Special Area Plan ("Jungle Island SAP"), which included approval of a companion rezoning of the T6 Parcel (southeasterly 234,310 +/- square feet of the Property) from "CS," Civic Space Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open, to accommodate a proposed hotel development and as part of the modification, a series of public benefits were proffered as further described under Criteria F of the staff analysis report titled "Previous 2019 Public Benefits under the original Jungle Island SAP"; and WHEREAS, on November 5, 2024, City voters approved a referendum supporting the following: i) the cancellation of the existing Jungle Island lease, which would have allowed the private amusement park to remain until 2114; ii) the negotiation of the sale of the T6 Parcel and corresponding development agreement for a mixed use residential development with commercial uses; and iii) development of a new public waterfront park on the "CS," Civic Space, parcel; and WHEREAS, additionally, on July 24, 2025, the City Commission granted the City Manager authority to enter into a Purchase and Sale Agreement with the Applicant for the sale of the T6 Parcel to the Applicant via Resolution No. R-25-0297; and WHEREAS, subsequently, the Applicant filed for an amendment to the Jungle Island SAP, related to the Property pursuant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Property is currently subject to the Jungle Island SAP, which include the Jungle Island SAP Regulating Plan and Concept Book, adopted by Ordinance No. 13973, and the original Development Agreement adopted by Ordinance No. 13974 ("Original Development Agreement"); and WHEREAS, the Applicant seeks to: i) terminate the Original Development Agreement adopted by Ordinance No. 13974, ii) amend the Jungle Island SAP, inclusive of the Jungle Island Regulating Plan and Concept Book, as part of the amendment, iii) effectuate a name change to "Ecoresiliency Special Area Plan," and iv) approve a new Development Agreement; and WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master planning of parcels greater than nine (9) abutting acres in size; and WHEREAS, this process is referred to as a Special Area Plan ("SAP"); and WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within ah SAP shall be pursuant to a recorded development agreement; and City of Miami Page 2 of 7 File ID: 17618 (Revision: B) Printed on: 214/2026 ',' CO.; r I THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Fite ID: 17618 Enactment Number: 14416 WHEREAS, the Applicant applied for an SAP to the City to amend the existing Jungle Island SAP inclusive of the Regulating Plan and Concept Book, and to allow the rezoning of T6- 12-0 to T6-36A-0 for approximately 5.3 acres of a portion of the total development of approximately 18.61 acres (810,795 square feet), as described in the attached and incorporated Exhibit A ("Rezone Property"); and WHEREAS, as part of the amendment, the Applicant seeks a name change of the SAP to "Ecoresiliency Special Area Plan" ("Project"); and WHEREAS, the associated updated Concept Book, as attached and incorporated as Exhibit "C," and updated Regulating Plan, as attached and incorporated as Exhibit "D," will be added as "Appendix R" of the Miami 21 Code; and WHEREAS, the Applicant, as part of the Development Agreement as further outlined in the Purchase and Sale Agreement, seeks to redevelop approximately 13.235 acres of the Project of public land for a Public Park at no cost to the City, with an allowance of Thirty -Seven Million and 00/100 Dollars ($37,000,000.00); and WHEREAS, the Applicant as part of the proposed development as outlined in 1(c) of the Purchase and Sale Agreement, seeks to develop a mixed -use residential project consisting of two (2) residential towers, with a minimum of 1,200,000 sellable square feet with a maximum of 600 units and related amenities, and up to 25,000 square feet of retail commercial space, excluding back -of -house and other customary, non -habitable areas for a combined development capacity of 2,812,000 square feet; and WHEREAS, in exchange, the Applicant has proffered a series of Community Benefits as further outlined in Section 14 of the Purchase and Sales Agreement; and WHEREAS, in association with said application, the Applicant seeks approval of a Development Agreement pursuant to Chapter 163, Florida Statutes; and WHEREAS, City Planning staff finds the submitted materials and analysis provided as part of this SAP application are consistent with the intent of the Miami 21 Code, the Comprehensive Plan, and all other relevant City regulations; and WHEREAS, the City's Planning Department recommends approval with conditions; and WHEREAS, on October 15, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for Special Area Plan amendment and Rezoning of the portion of the SAP Property, item PZAB.1, and passed PZAB-R-25-067, recommending approval with an additional condition to study the parking for the park area, by a vote of nine to two (9-2); and WHEREAS, the City and the Applicant wish for the development of the Project to proceed substantially in accordance with the updated Regulating Plan and Design Guidelines, attached and incorporated (Regulating Plan and Design Guidelines); and WHEREAS, the City and the Applicant wish for the development of the Project to conform with the requirements of the Comprehensive Plan; and City of Miami Page 3 of 7 File ID: 17618 (Revision: B) Pril$ed on • 026 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17618 Enactment Number: 14416 WHEREAS, assurance to the Applicant that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process; and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves, pursuant to Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code, the amendment of the existing Jungle Island SAP, inclusive of the Regulating Plan and Concept Book for the Property and a Rezone of the 5.3 acres of the property (Rezone Property) as described in the attached and incorporated Exhibit "A" from T6-12-0 to T6-36A-0, with the following conditions: 1) The development shall be substantially in accordance with the Regulating Plan and Concept Book entitled "Ecoresiliency SAP" as prepared ODP Architect and West 8, consisting of 39 pages dated stamped approved for hearing in ePlan (PZ 25-18934). The Concept Book Index Sheet A-000-Rev1 includes details on Concept Book sheets added, deleted, and amended as a part of this Application. 2) All developments proposed shall be developed in accordance with the Regulating Plan and subject to an SAP permit as may be required therein. 3) The T6-36A-0 portion shall contain up to two (2) condominium towers, with a maximum height of 48 stories, a minimum of 1,200,000 sellable square feet and related amenities, comprising of no more than 600 dwelling units and a maximum of 25,000 square feet of retail commercial space, excluding back -of -house areas and other customary non - habitable areas. The combined development capacity shall not exceed 2,812,000 square feet. 4) Any outstanding conditions requested by City staff for project PZ 25-18934 that modify, amend, alter, and/or change the Concept Book or Regulating Plan shall be provided to City staff by Applicant and approved by City staff prior to final approval before the City Commission, unless those conditions are imposed by the City Commission which will be incorporated into the final resolution as approved as to legal form by the City Attorney and rendered by the City Clerk. 5) The Applicant and any successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 6) The Applicant and any successor shall meet all applicable building codes, lands , development regulations, ordinances, and other applicable laws and regulations 'arid' shall pay all applicable fees due prior to the issuance of any building permit. ,=�'~ 0 City of Miami Page 4 of 7 File ID: 17618 (Revision: 8) Pri &Wn: 2/4/2026 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17618 Enactment Number: 14416 7) The Applicant and any successor shall comply with all applicable requirements pursuant to Article 11 of the Miami 21 Code and Chapter 62, Article XVI of the City Code, titled "Art in Public Places". 8) The Applicant and any successor shall meet all the applicable regulations from the Federal Aviation Administration (FAA) and Miami -Dade County Aviation Departments (MDAD). 9) As part of SAP permit review, the City of Miami Police Department and Department of Fire -Rescue may review and provide comments to the Planning Department. 10) Applicant and any successor shall obtain approval or provide a letter of assurance from the Department of City Solid Waste that the SAP has addressed all concerns of the said Department prior to obtaining a building permit. 11) Applicant and any successor to demonstrate compliance with the applicable conditions listed in the Development Agreement to be considered by the City Commission under Eplan File ID. PZ-25-18934. 12) Prior to the issuance of a building permit, Applicant and any successor shall provide the Building Department — Environmental Resources with a certified arborist report that gives an assessment of each onsite tree, including those within the right-of-way and those whose canopies cross the property line from an adjacent lot. The report shall provide specifications such as tree number, common name, botanical name, DBH, overall height, spread, and condition. Ensure each of these specifications are consistent with the tree disposition drawing. Color photographs in support of the assessment are also required. The report shall be dated no more than three (3) months from the time of submittal. A certified arborist can be found by visiting www.isa-arbor.com and selecting Find an Arborist on the homepage. 13) Applicant and any successor shall provide the Planning Department with a temporary construction plan for review and approval that addresses construction phasing and includes the following elements: a. Temporary construction parking plan, with an enforcement policy; b. Construction noise management plan with an enforcement policy; and c. Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this SAP. J v 14) The "Ecoresiliency SAP" includes a Development Review Process which addresses the � build-out of the Project as identified in the Regulating Plan. All development within thi SAP shall be submitted for review and approval by the Planning Director prior to issuance of any building permit consistent with the requirements of Section 3.9.'( N. of the Miami 21 Code and the SAP. City of Miami Page 5 of 7 File ID: 17618 (Revision: B) Printed on: 2/4/2026 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17618 Enactment Number: 14416 15) If the Project is to be developed in phases and/or individual specific projects, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 16) The Applicant shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations, as may be applicable. 17) As applicable, Applicant, as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved no later than two weeks prior to implementation of requested change or modification. 18) Within 90 days of the effective date of this Ordinance, the Applicant and any successor shall record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly and severally. 19) Prior to the effectuation of this SAP, the Applicant and any successor shall execute a covenant acknowledging and agreeing to comply with all the terms and conditions established herein, which shall be recorded in the Miami -Dade County Clerk of Courts. The covenant (standard master covenant and agreement form) shall run with the land, and shall be binding on any subsequent owners, heirs, or assigns, jointly and severally. The covenant with the conditions attached must be submitted to the Planning Department and the Office of the City Attorney for approval before being recorded and be in a form acceptable to the City Attorney. After recordation, a certified copy bearing the Book and Page Number and date shall be provided for inclusion in the case file. Fees required per City Code for Monitoring of Special Area Plan and Inspection and Field Compliance Review of Operations shall be paid to the City prior to the final clearance of this condition. 20) The Applicant and any successor shall defend, indemnify, and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City's processing or approval of this entitlement. The Applicant and any successor shall reimburse the City for all costs incurred in defense of such an action, including court costs, attorney's fees, and award of any damages against the City. If the City determines it necessary to protect the City's interest, the Applicant shall execute an indemnity and reimbursement agreement with the City with terms consistent with the requirements herein. The City shall notify the Applicant within a reasonable time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the Applicant of any action in a reasonable time, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. The City shall have the sole right to choose its; counsel, including the City Attorney's Office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the Applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part;- the Qit, may withdraw its defense of the action, void its approval of the entitlement,' ,r' takefly other action. The City retains the right to make all decisions with respe t• b its City of Miami Page 6 of 7 File ID: 17618 (Revision: B) Printed on: 2/4/2026 Fife ID: 17618 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number. 14416 representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of this condition, the following definitions apply: "City" shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers; "Action" shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: Wy j ng III, C y • or 11/7/2025 e - ge . Wy ng III, C y ttor -y 2/3/2026 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File ID: 17618 (Revision: B) Printed on: 2/4/2026 City of Miami Legislation Ordinance Enactment Number File Number: 17618 SUBSTITUTED City- r 1%1 3500 Pan Ames Drive Miami, FL 33i3 www.miamigov.co Final Actio Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUA ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, AS AMEND ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE EXISTING JUNGLE ISLAND SPECIA INCLUSIVE OF THE REGULATING PLAN AND CONCEP ALLOW THE REZONING OF THE T6-12-0 TO T6-36A APPROXIMATELY 5.3 ACRES A PORTION OF THE TOTAL OF APPROXIMATELY 18.61 ACRES (810, PART OF THE AMENDMENT WITH A NAME CH "ECORESILIENCY SPECIAL AREA PLAN ("S APPROXIMATELY 1111 MAC ARTHUR CAU AS MORE PARTICULARLY DESCRIBED I CONSISTS OF A PHASED PROJECT W RESIDENTIAL TOWERS WITH A MAX 600 RESIDENTIAL DWELLING UNIT SQUARE FEET OF TOTAL DEVE SHALL CONTAIN A 13.235 ACR SAP WILL MODIFY THE TRA APPLICABLE TO THE SUBJ IS NOT SPECIFICALLY M AND RESTRICTIONS OF FACT AND STATING BINDING EFFECT; PROVIDING FOR WHEREAS, Eco holds a Purchase a approximate 5.3 acr 13.235 acres of Florida, as mo "Property'); a TO ,THE ifIAMI 21") AREA PLAN, BOOK, TO FOR VELOPMENT 5 SQUARE FEET) AS GE TO THE ), LOCATED AT WAY, MIAMI, FLORIDA, EXHIBIT "A"; THE SAP CH INCLUDES TWO UM HEIGHT OF 48 STORIES, AND APPROXIMATELY 2,874,128 PMENT FLOOR AREA; THE SAP UBLIC WATERFRONT PARK; THE CT ZONE REGULATIONS THAT ARE T PARCEL AND WHERE A REGULATION IFIED BY THE SAP, THE REGULATIONS IAMI 21 WILL APPLY; MAKING FINDINGS OF NCLUSIONS OF LAW; PROVIDING FOR NTAINING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. siliency Miami LLC, a Delaware limited liability company ("Applicant") Sale agreement, attached and incorporated as Exhibit "B," for an site of property on Watson Island, and seeks to redevelop approximately lic land into a public park, located at 1111 MacArthur Causeway, Miami, particularly described in the attached and incorporated Exhibit "A" (the W REAS, in 1998, the City of Miami ("City") authorized development of Jungle Island (previou • referred to as "Parrot Jungle") on vacant waterfront property owned by the City via a Major se Special Permit ("MUSP") approved under City Commission Resolution R-98-0376, whi included 172,444 square feet of visitor attraction spaces, accessory commercial uses, a 588 parking spaces in a parking structure on the south of the Property ("Jungle Island SP"); and WHEREAS, in 2000, a modification to the Jungle Island MUSP approved under City Commission Resolution R-00-1032 changed the development plans to reconfigure certain site City of Miami File ID: 17618 (Revision: A) Printed On: 11/11/2025 SUBSTITUTED improvements and move the ballroom facility above a two-story portion of the building. The Jungle Island theme park began operating in 2003, and the configuration of Jungle Island has remained generally in accordance with the MUSP approval since that time; and WHEREAS, on August 28, 2018, pursuant to City Commission Resolution No. R 0232, the City voters approved, via referendum, a City Charter amendment to waive comp tive bidding and approve the proposed modification to the Jungle Island lease for developm t of a new hotel development and attractions; and WHEREAS, subsequently, on February 25, 2021, pursuant to City Ordinan• No. 13973, the Miami City Commission approved the Jungle Island Special Area Plan Jungle Island SAP"), which included approval of a companion rezoning of the T6 Par (southeasterly 234,310 +/- square feet of the Property) from "CS," Civic Space Transect . ne, to "T6-12-0," Urban Core Transect Zone — Open, to accommodate a proposed hotel de opment and as part of the modification, a series of public benefits were proffered as further • scribed under Criteria F of the staff analysis report titled "Previous 2019 Public Benefits der the original Jungle Island SAP"; and WHEREAS, on November 5, 2024, City voters approve ► a referendum supporting the following: i) the cancellation of the existing Jungle Island lea , which would have allowed the private amusement park to remain until 2114; ii) the negotia ' n of the sale of the T6 Parcel and corresponding development agreement for a mixed se residential development with commercial uses; and iii) development of a new public w erfront park on the "CS," Civic Space, parcel; and WHEREAS, additionally, on July 24, 2, the City Commission granted the City Manager authority to enter into a Purchase and •ale Agreement with the Applicant for the sale of the T6 Parcel to the Applicant via Resolution o. R-25-0297; and WHEREAS, subsequently, the A. icant filed for an amendment to the Jungle Island SAP, related to the Property pursuant Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of Ordinance No. 13114, the Zon g Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Prope Jungle Island SAP Regulatin the original Development A Agreement"); and currently subject to the Jungle Island SAP, which include the lan and Concept Book, adopted by Ordinance No. 13973, and eement adopted by Ordinance No. 13974 ("Original Development WHEREAS, t Applicant seeks to: i) terminate the Original Development Agreement adopted by Ordina e No. 13974, ii) amend the Jungle Island SAP, inclusive of the Jungle Island Regulating Ian and Concept Book, as part of the amendment, iii) effectuate a name change to "Eco siliency Special Area Plan," and iv) approve a new Development Agreement; and W REAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master plannin• if parcels greater than nine (9) abutting acres in size; and WHEREAS, this process is referred to as a Special Area Plan ("SAP"); and WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development withAn SAP shall be pursuant to a recorded development agreement; and WHEREAS, the Applicant applied for an SAP to the City to amend ttA.cexis irF Jungle° Island SAP inclusive of the Regulating Plan and Concept Book, and to allow tfie re nq of TB- Clty of Miami File ID: 17618 (Revision: A)' Prin On: 11/11/2025 '{Try SUBSTITUTED 12-0 to T6-36A-0 for approximately 5.3 acres of a portion of the total development of approximately 18.61 acres (810,795 square feet), as described in the attached and incorporated Exhibit A ("Rezone Property"); and WHEREAS, as part of the amendment, the Applicant seeks a name change of the to "Ecoresiliency Special Area Plan" ("Project"); and WHEREAS, the associated updated Concept Book, as attached and incorpora d as Exhibit "C," and updated Regulating Plan, as attached and incorporated as Exhibit "p will be added as "Appendix R" of the Miami 21 Code; and WHEREAS, the Applicant, as part of the Development Agreement as , rther outlined in the Purchase and Sale Agreement, seeks to redevelop approximately 1 .235 acres of the Project of public land for a Public Park at no cost to the City, with an allo - nce of Thirty -Seven Million and 00/100 Dollars ($37,000,000.00); and WHEREAS, the Applicant as part of the proposed developm: t as outlined in 1(c) of the Purchase and Sale Agreement, seeks to develop a mixed -use r- dential project consisting of two (2) residential towers, with a minimum of 1,200,000 sellable .quare feet with a maximum of 600 units and related amenities, and up to 25,000 square -et of retail commercial space, excluding back -of -house and other customary, non-habitabl - : reas for a combined development capacity of 2,812,000 square feet; and WHEREAS, in exchange, the Applicant has pr• ered a series of Community Benefits as further outlined in Section 14 of the Purchase and S- -s Agreement; and WHEREAS, in association with said a' •lication, the Applicant seeks approval of a Development Agreement pursuant to Chapter • 3, Florida Statutes; and WHEREAS, City Planning staff fi the submitted materials and analysis provided as part of this SAP application are co - stent with the intent of the Miami 21 Code, the Comprehensive Plan, and all other rel ant City regulations; and WHEREAS, the City's Pla ing Department recommends approval with conditions; and WHEREAS, on October 15, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB" onsidered the application for Special Area Plan amendment and Rezoning of the portion of e SAP Property, item PZAB.1, and passed PZAB-R-25-067, recommending approva ith an additional condition to study the parking for the park area, by a vote of nine to two (9- ; and WHEREA the City and the Applicant wish for the development of the Project to proceed substa• ally in accordance with the updated Regulating Plan and Design Guideline$ `:j attached and ' •rporated (Regulating Plan and Design Guidelines); and W REAS, the City and the Applicant wish for the development of the Project to confo ith the requirements of the Comprehensive Plan; and WHEREAS, assurance to the Applicant that it may proceed in accordance with exisj } la and policies, subject to the conditions of a development agreement, strengthens the public anning process; and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and City of Miami File ID: 17618 (Revision: A) Printed On: 11/11/2025 SUBSTITUTED WHEREAS, consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY F MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordi : nce are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves, pursuant to Articl and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code, the existing Jungle Island SAP, inclusive of the Regulating Plan and Concept B and a Rezone of the 5.3 acres of the property (Rezone Property) as des and incorporated Exhibit °A" from T6-12-0 to T6-36A-O, with the followi , Section 3.9 endment of the k for the Property ed in the attached conditions: 1) The development shall be substantially in accordance wit► the Regulating Plan and Concept Book entitled "Ecoresiliency SAP" as prepared i DP Architect and West 8, consisting of 39 pages dated stamped approved for hea ' • in ePlan (PZ 25-18934). The Concept Book Index Sheet A-000-Rev1 includes detail • on Concept Book sheets added, deleted, and amended as a part of this Application. 2) All developments proposed shall be developed ' accordance with the Regulating Plan and subject to an SAP permit as may be requir 3) The T6-36A-O portion shall contain up to height of 48 stories, a minimum of 1,200 comprising of no more than 600 dwelli retail commercial space, excludin habitable areas. The combined de feet. therein. o (2) condominium towers, with a maximum 00 sellable square feet and related amenities, units and a maximum of 25,000 square feet of ack-of-house areas and other customary non- opment capacity shall not exceed 2,812,000 square 4) Any outstanding conditions r uested by City staff for project PZ 25-18934 that modify, amend, alter, and/or chan• - the Concept Book or Regulating Plan shall be provided to City staff by Applicant a. • approved by City staff prior to final approval before the City Commission, unless t e conditions are imposed by the City Commission which will be incorporated into th nal resolution as approved as to legal foram by the City Attorney and rendered by t City Clerk. 5) The Applicant - nd any successor shall comply with the requirements of all applicable department gencies as part of the City of Miami building permit submittal process. 6) The Ap • cant and any successor shall meet all applicable building codes, lard' develoent regulations, ordinances, and other applicable laws and regulations a)d shal ay all applicable fees due prior to the issuance of any building permit. 7) e Applicant and any successor shall comply with all applicable requirements psuant o Article 11 of the Miami 21 Code and Chapter 62, Article XVI of the Q ty Cptte, titled "Art in Public Places". `- rJ�� Co 8) The Applicant and any successor shall meet all the applicable regulations from the Federal Aviation Administration (FAA) and Miami -Dade County Aviation Departments (MDAD). City of Miami File ID: 17618 (Revision: A) Printed On: 11/11/2025 SUBSTITUTED 9) As part of SAP permit review, the City of Miami Police Department and Department of Fire -Rescue may review and provide comments to the Planning Department. 10)Applicant and any successor shall obtain approval or provide a letter of assurance fro the Department of City Solid Waste that the SAP has addressed all concerns of the id Department prior to obtaining a building permit. 11) Applicant and any successor to demonstrate compliance with the applicable - nditions listed in the Development Agreement to be considered by the City Commi - - ion under Eplan File ID. PZ-25-18934. 12) Prior to the issuance of a building permit, Applicant and any successor - hall provide the Building Department — Environmental Resources with a certified borist report that gives an assessment of each onsite tree, including those within e right-of-way and those whose canopies cross the property line from an adjace- lot. The report shall provide specifications such as tree number, common nam= botanical name, DBH, overall height, spread, and condition. Ensure each of these ecifications are consistent with the tree disposition drawing. Color photographs in s • port of the assessment are also required. The report shall be dated no more than th - e (3) months from the time of submittal. A certified arborist can be found by visiting .isa-arbor.com and selecting Find an Arborist on the homepage. 13) Applicant and any successor shall provide the ' anning Department with a temporary construction plan for review and approval t - addresses construction phasing and includes the following elements: a. b. c. Temporary construction parking Construction noise managem Maintenance plan for the to the review and appr any building permit construction activi submitted constr revocation of t p - n, with an enforcement policy; t plan with an enforcement policy; and emporary construction site; said plan shall be subject al by the Planning Department prior to the issuance of and shall be enforced during construction activity. All shall remain in full compliance with the provisions of the tion plan; failure to comply may lead to a suspension or SAP. 14)The "Ecoresiliency •AP" includes a Development Review Process which addresses the build -out of the : oject as identified in the Regulating Plan. All development within this SAP shall be - bmitted for review and approval by the Planning Director prior to the issuance of y building permit consistent with the requirements of Section 3.9.1.g. of the Miami Code and the SAP. 15) If the ' roject is to be developed in phases and/or individual specific projects, the Applnt shall submit an interim plan, including a landscape plan, which addresses de- •n details for the land occupying future phases of this Project in the event that the f ure phases are not developed, said plan shall include a proposed timetable and shall e subject to review and approval by the Planning Director. 6) The Applicant shall meet conditions identified in this Ordinance, with the SAP.and all applicable local, state, and federal regulations, as may be applicable. City of Miami File ID: 17618 (Revisign: A) Printed On: 11/11/2025 SUBSTITUTED 17)As applicable, Applicant, as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved later than two weeks prior to implementation of requested change or modification. 18) Within 90 days of the effective date of this Ordinance, the Applicant and any su ' essor shall record a certified copy of the Development Agreement specifying at the Development Agreement runs with the land and is binding on the A• • icant, its successors, and assigns, jointly and severally. 19) Prior to the effectuation of this SAP, the Applicant and any success • shall execute a covenant acknowledging and agreeing to comply with all the te s and conditions established herein, which shall be recorded in the Miami -Dade C• •nty Clerk of Courts. The covenant (standard master covenant and agreement form) all run with the land, and shall be binding on any subsequent owners, heirs, or assi ' s, jointly and severally. The covenant with the conditions attached must be •milted to the Planning Department and the Office of the City Attorney for approv before being recorded and be in a form acceptable to the City Attorney. After recur- .tion, a certified copy bearing the Book and Page Number and date shall be provi • d for inclusion in the case file. Fees required per City Code for Monitoring of Speal Area Plan and Inspection and Field Compliance Review of Operations shall b paid to the City prior to the final clearance of this condition. 20)The Applicant and any successor shall def: d, indemnify, and hold harmless the City from any and all actions against the City r: ting to or arising out of, in whole or in part, the City's processing or approval of thi - ntitlement. The Applicant and any successor shall reimburse the City for all costs ' curred in defense of such an action, including court costs, attorney's fees, and a . rd of any damages against the City. If the City determines it necessary to prate, the City's interest, the Applicant shall execute an indemnity and reimbursement . reement with the City with terms consistent with the requirements herein. The Ci hall notify the Applicant within a reasonable time of its receipt of any action and the ity shall cooperate in the defense. If the City fails to notify the Applicant of any a n in a reasonable time, or if the City fails to reasonably cooperate in the defen , the Applicant shall not thereafter be responsible to defend, indemnify, or hold h less the City. The City shall have the sole right to choose its counsel, including t, City Attomey's Office or outside counsel. At its sole discretion, the City may partici, :te at its own expense in the defense of any action, but such participation sh not relieve the Applicant of any obligation imposed by this condition. In the event th - pplicant fails to comply with this condition, in whole or in part, the City may withdr its defense of the action, void its approval of the entitlement, or take any other ac • n. The City retains the right to make all decisions with respect to its repress tations in any legal proceeding, including its inherent right to abandon or settle litiga ' • n. For purposes of this condition, the following definitions apply: "City" shall be de ed to include the City, its agents, officers, boards, commissions, committees, ployees, and volunteers; "Action" shall be defined to include suits, proceedings including those held under alternative dispute resolution procedures), claims, or,. lawsuits. Nothing in the definitions included in this paragraph are intended to limit thj' rights of the City or the obligations of the Applicant otherwise created by this conditions ci7 Section 3. If any section, part of a section, paragraph, clause, phrase, or wor¢ of thik Ordinance is declared invalid, the remaining provisions of this Ordinance shall not :Pe°affed. Gt City of Miami File ID: 17618 (Revision: A) Printed On 11/11/2026 SUBSTITUTED Section 4. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C ty -ttor -y 11/7/2025 Crs rn too C11 tQ C!1 C,J 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated perein. whichever is later. City of Miami File ID: 17618 (Revision: A) Printed On: 11/11/2025 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number File Number: 17618 City Hall 3500 Pan Ameican Driv Miami, FL 33133 www.miamigov Final Acti • Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUATO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, AS AMEND 1, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IAMI 21") BY AMENDING THE EXISTING JUNGLE ISLAND SPECI AREA PLAN, INCLUSIVE OF THE REGULATING PLAN AND CONC ' BOOK, TO ALLOW THE REZONING OF THE T6-12 TO T6-36 F APPROXIMATELY 5.3 ACRES A PORTION OF TH DEVELOPMENT TOTAL OF APPROXIMATELY 18.61 ACRES (810 •5 SQUARE FEET) AS PART OF THE AMENDMENT WITH A NAME C NGE TO THE "ECORESILIENCY SPECIAL AREA PLAN ("S APPROXIMATELY 1111 MAC ARTHUR CA AS MORE PARTICULARLY DESCRIBED CONSISTS OF A PHASED PROJECT RESIDENTIAL TOWERS WITH A M 600 RESIDENTIAL DWELLING UNI SQUARE FEET OF TOTAL DEVE SHALL CONTAIN A 13.235 AC SAP WILL MODIFY THE TRA APPLICABLE TO THE SUB IS NOT SPECIFICALLY AND RESTRICTIONS 0 FACT AND STATING BINDING EFFECT; PROVIDING FOR ), LOCATED AT f, EWAY, MIAMI, FLORIDA, EXHIBIT "A"; THE SAP s ICH INCLUDES TWO UM HEIGHT OF 48 STORIES, S AND APPROXIMATELY 2,874,128 p • PMENT FLOOR AREA; THE SAP - J+ PUBLIC WATERFRONT PARK; THE ECT ZONE REGULATIONS THAT ARE CT PARCEL AND WHERE A REGULATION DIFIED BY THE SAP, THE REGULATIONS MIAMI 21 WILL APPLY; MAKING FINDINGS OF NCLUSIONS OF LAW; PROVIDING FOR NTAINING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, on %ctober 15, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board (" • B") considered the application for item PZAB. , and passed PZAB-R-25- , recommending , by a vote of ; and WHE holds a Pur approxi 13.235 Flori "Pr S, Ecoresiliency Miami LLC, a Delaware limited liability company ("Applicant") ase and Sale agreement, attached and incorporated as Exhibit "B", for an 5.4 acre site of property on Watson Island, and seeks to redevelop approximately cres of public land into a public park, located at 1111 MacArthur Causeway, Miami, , as more particularly described in the attached and incorporated Exhibit "A" (the erty'); and WHEREAS, in 1998, the City of Miami ("City") authorized development of Jungle Island (previously referred to as 'Parrot Jungle") on vacant waterfront property owned by the City via a Major Use Special Permit ("MUSP") approved under City Commission Resolution R-98-0376, which included 172,444 square feet of visitor attraction spaces, accessory commercial uses, City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025 SUBSTITUTED and 588 parking spaces in a parking structure on the south of the Property ("Jungle Island MUSP"); and WHEREAS, in 2000, a modification to the Jungle Island MUSP approved under City Commission Resolution R-00-1032 changed the development plans to reconfigure certain si improvements and move the ballroom facility above a two-story portion of the building. Th Jungle Island theme park began operating in 2003, and the configuration of Jungle IsIan• as remained generally in accordance with the MUSP approval since that time; and WHEREAS, on August 28, 2018, pursuant to City Commission Resolution •. R-18- 0232, the City voters approved, via referendum, a City Charter amendment to w e competitive bidding and approve the proposed modification to the Jungle Island lease for d - elopment of a new hotel development and attractions; and WHEREAS, subsequently, on February 25, 2021, pursuant to Ci •rdinance No. 13973, the Miami City Commission approved the Jungle Island Special Area P : n ("Jungle Island SAP"), which included approval of a companion rezoning of the T6 P cel (southeasterly 234,310 +/- square feet of the Property) from "CS," Civic Space Tr• sect Zone, to "T6-12-0," Urban Core Transect Zone — Open, to accommodate a propose • otel development and as part of the modification, a series of public benefits were proffered a urther described under Criteria F of the staff analysis report titled "Previous 2019 Public Be its under the original Jungle Island SAP"; and WHEREAS, on November 5, 2024, City voters • proved a referendum supporting the following: i) the cancellation of the existing Jungle Is d lease, which would have allowed the private amusement park to remain until 2114; ii) th negotiation of the sale of the T6 Parcel and corresponding development agreement for a mi d use residential development with commercial uses; and iii) development of a ne public waterfront park on the "CS," Civic Space, parcel; and WHEREAS, additionally, on July 4, 2025, the City Commission granted the City Manager authority to enter into a Purc' :se and Sale Agreement with the Applicant for the sale of the T6 Parcel to the Applicant via ' esolution No. R-25-0297; and WHEREAS, subsequent , the Applicant filed for an amendment to the Jungle Island SAP, related to the Property p suant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of Ordinance No. 13114 e Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, th roperty�is currently subject to the Jungle Island SAP, which include thtr~,.VJ Jungle Island SAP - gulating Plan and Concept Book, adopted by Ordinance No. 13973; and; the original Devel • • ment Agreement adopted by Ordinance No. 13974 ("Original Developmt Agreement"); a - c/ WH EAS, the Applicant seeks to: i) terminate the Original Development jreOent adopted b Ordinance No. 13974, ii) amend the Jungle Island SAP, inclusive ofite J rti e Island ' • ulating Plan and Concept Book, as part of the amendment, iii) effectuate ame .,; chan • to "Ecoresiliency Special Area Plan", and iv) approve a new Development Agreement; and WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master planning of parcels greater than nine (9) abutting acres in size; and WHEREAS, this process is referred to as a Special Area Plan ("SAP"); and City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025 SUBSTITUTED WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within an SAP shall be pursuant to a recorded development agreement; and WHEREAS, the Applicant applied for an SAP to the City to amend the existing Jungle Island SAP inclusive of the Regulating Plan and Concept Book, and to allow the rezoning of 12 to T6-36 for approximately 5.4 acres of a portion of the total development of approxima 18.61 acres (810,795 square feet); and WHEREAS, as part of the amendment, the Applicant seeks a name change • he SAP to "Ecoresiliency Special Area Plan" ("Project"); and WHEREAS, the Applicant, as part of the Development Agreement as f er outlined in the Purchase and Sale Agreement, seeks to redevelop approximately 13.23 - cres of the Project of public land for a Public Park at no cost to the City, with an allow- ce of Thirty -Seven Million and 00/100 Dollars ($37,000,000.00); and WHEREAS, the Applicant as part of the proposed developm - as outlined in 1(c) of the Purchase and Sale Agreement, seeks to develop a mixed -use resi' -ntial project consisting of two (2) residential towers, with a minimum of 1,200,000 sellable - • uare feet with a maximum of 600 units and related amenities, and up to 25,000 square feet retail commercial space, excluding back -of -house and other customary, non-habitabl reas for a combined development capacity of 2,812,000 square feet; and WHEREAS, in exchange, the Applicant has pr • ered a series of Community Benefits as further outlined in Section 14 of the Purchase and S- s Agreement; and WHEREAS, in association with said appl' tion, the Applicant seeks approval of a Development Agreement pursuant to Chapter .3, Florida Statutes; and WHEREAS, City Planning staff fin part of this SAP application are consiste Comprehensive Plan, and all other rel the submitted materials and analysis provided as with the intent of the Miami 21 Code, the ant City regulations; and WHEREAS, the City's Pla ng Department recommends approval with conditions; and WHEREAS, the City a the Applicant wish for the development of the Project to proceed substantially in ac • dance with the updated Regulating Plan and Design Guidelines, attached and incorporates egulating Plan and Design Guidelines); and WHEREAS, th - ity and the Applicant wish for the development of the Project to conform with the re• rements of the Comprehensive Plan; and WHER laws and polic' planning pr. A-ss; , assurance to the Applicant that it may proceed in accordance with exis s, subject to the conditions of a development agreement, strengthens the public W, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ,fF THE CITY OF MIAM LORIDA: hc� Section 1. The recitals and findings contained in the Preamble to this Resolution are opted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the application pursuant to Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code with the following conditions: City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025 SUBSTITUTED 1) The development shall be substantially in accordance with the Regulating Plan and Concept Book entitled "Ecoresiliency SAP" as prepared ODP Architect and West 8, consisting of 39 pages dated stamped approved for hearing in ePlan (PZ 25-18934). T Concept Book Index Sheet A-000-Rev1 includes details on Concept Book sheets ad deleted, and amended as a part of this Application. 2) All developments proposed shall be developed in accordance with the Regulati and subject to an SAP permit as may be required therein. Plan 3) The T6-36A-O portion shall contain up to two (2) condominium towers, w a maximum height of 48 stories, a minimum of 1,200,000 sellable square feet and r -ted amenities, comprising of no more than 600 dwelling units and a maximum of 25 ' 10 square feet of retail commercial space, excluding back -of -house areas and other • 4stomary non - habitable areas. The combined development capacity shall not e eed 2,812,000 square feet. 4) Any outstanding conditions requested by City staff for proje' PZ 25-18934 that modify, amend, alter, and/or change the Concept Book or Regul g Plan shall be provided to City staff by Applicant and approved by City staff prior final approval before the City Commission, unless those conditions are imposed b e City Commission which will be incorporated into the final resolution as approved a - o legal form by the City Attorney and rendered by the City Clerk. 5) The Applicant and any successor shall comp with the requirements of all applicable departments/agencies as part of the City o iami building permit submittal process. 6) The Applicant and any successor shall eet all applicable building codes, land development regulations, ordinance nd other applicable laws and regulations and shall pay all applicable fees due p to the issuance of any building permit. 7) The Applicant and any succes •r shall comply with all applicable requirements pursuant to Article 11 of the Miami 21 rode and Chapter 62, Article XVI of the City Code, titled "Art in Public Places". 8) The Applicant and any • uccessor shall meet all the applicable regulations from the Federal Aviation Ad ' istration (FAA) and Miami -Dade County Aviation Departments (MDAD). 9) As part of SAP •ermit review, the City of Miami Police Department and Department of Fire -Rescue ay review and provide comments to the Planning Department. 10) Applica nd any successor shall obtain approval or provide a letter of assurance from the D rtment of City Solid Waste that the SAP has addressed all concerns of the said Dep ment prior to obtaining a building permit. 11 plicant and any successor to demonstrate compliance with the applicable conditions sted in the Development Agreement to be considered by the City Commission under Eplan File ID. PZ-25-18934.=f City of Miami File ID: 17618 (Revision:) PrInled On E W14/20 ` SUBSTITUTED 12) Prior to the issuance of a building permit, Applicant and any successor shall provide the Building Department — Environmental Resources with a certified arborist report that gives an assessment of each onsite tree, including those within the right-of-way and those whose canopies cross the property line from an adjacent lot. The report shall provide specifications such as tree number, common name, botanical name, DBH, overall height, spread, and condition. Ensure each of these specifications are cons i- nt with the tree disposition drawing. Color photographs in support of the assessmen : re also required. The report shall be dated no more than three (3) months from th - me of submittal. A certified arborist can be found by visiting www.isa-arbor.com and .electing Find an Arborist on the homepage. 13) Applicant and any successor shall provide the Planning Department wi construction plan for review and approval that addresses constructio includes the following elements: a temporary hasing and a. Temporary construction parking plan, with an enforcem: t policy; b. Construction noise management plan with an enfor ment policy; and c. Maintenance plan for the temporary constructio to the review and approval by the Planning D any building permits and shall be enforced construction activity shall remain in full co submitted construction plan; failure to revocation of this SAP. ite; said plan shall be subject artment prior to the issuance of ring construction activity. All pliance with the provisions of the ply may lead to a suspension or 14) The "Ecoresiliency SAP" includes a Dev • pment Review Process which addresses the build -out of the Project as identified in Regulating Plan. All development within this SAP shall be submitted for review a approval by the Planning Director prior to the issuance of any building permit co • stent with the requirements of Section 3.9.1.g. of the Miami 21 Code and the SAP 15) If the Project is to be develo d in phases and/or individual specific projects, the Applicant shall submit an i rim plan, including a landscape plan, which addresses design details for the Ian ' occupying future phases of this Project in the event that the future phases are not • veloped, said plan shall include a proposed timetable and shall be subject to review d approval by the Planning Director. 16) The Applicant s meet conditions identified in this Ordinance, with the SAP and all applicable to - state, and federal regulations, as may be applicable. 17) As applica ' e, Applicant, as defined in the approved SAP, shall be responsible for securin• e City's approval for any change or modification to the approved temporary constr ion plan. Request for approval of any change or modification to the previously appr- ed temporary construction plan shall be submitted for review and approved no lat- than two weeks prior to implementation of requested change or modification. '` 18 ithin 90 days of the effective date of this Ordinance, the Applicant and any succ esspr' shall record a certified copy of the Development Agreement specifying that tW;' Development Agreement runs with the land and is binding on the Applicant,4ts p successors, and assigns, jointly and severally. ,k) City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025 SUBSTITUTED 19) Prior to the effectuation of this SAP, the Applicant and any successor shall execute a covenant acknowledging and agreeing to comply with all the terms and conditions established herein, which shall be recorded in the Miami -Dade County Clerk of Courts. The covenant (standard master covenant and agreement form) shall run with the land, and shall be binding on any subsequent owners, heirs, or assigns, jointly and severa The covenant with the conditions attached must be submitted to the Planning Department and the Office of the City Attomey for approval before being recorde• and be in a form acceptable to the City Attorney. After recordation, a certified copy • -aring the Book and Page Number and date shall be provided for inclusion in the c file. Fees required per City Code for Monitoring of Special Area Plan and Inspe• on and Field Compliance Review of Operations shall be paid to the City prior to final clearance of this condition. 20) The Applicant and any successor shall defend, indemnify, and hol from any and all actions against the City relating to or arising out the City's processing or approval of this entitlement. The Appli shall reimburse the City for all costs incurred in defense of s court costs, attomey's fees, and award of any damages a determines it necessary to protect the City's interest, the indemnity and reimbursement agreement with the Ci requirements herein. The City shall notify the Appli receipt of any action and the City shall cooperate the Applicant of any action in a reasonable time cooperate in the defense, the Applicant shall indemnify, or hold harmless the City. The counsel, including the City Attorneys Offi City may participate at its own expense participation shall not relieve the App the event the Applicant fails to co may withdraw its defense of the other action. The City retains t representations in any legal litigation. For purposes of defined to include the Ci employees, and volun (including those he lawsuits. Nothing rights of the Ci armless the City , in whole or in part, nt and any successor an action, including nst the City. If the City pplicant shall execute an ith terms consistent with the t within a reasonable time of its the defense. If the City fails to notify r if the City fails to reasonably t thereafter be responsible to defend, shall have the sole right to choose its or outside counsel. At its sole discretion, the the defense of any action, but such nt of any obligation imposed by this condition. In y with this condition, in whole or in part, the City on, void its approval of the entitlement, or take any right to make all decisions with respect to its oceeding, including its inherent right to abandon or settle is condition, the following definitions apply: "City" shall be , its agents, officers, boards, commissions, committees, ers; "Action" shall be defined to include suits, proceedings nder alternative dispute resolution procedures), claims, or the definitions included in this paragraph are intended to limit the r the obligations of the Applicant otherwise created by this condition. Section 3. If y section, part of a section, paragraph, clause, phrase, or word of this; Ordinance is decled invalid, the remaining provisions of this Ordinance shall not be: affecthd. Sectio, 4. This Ordinance shall become effective thirty-one (31) days after second' reading an. doption thereof, pursuant and subject to Section 163.3184(12), Florida StatOps and Secti• 163.3187(5)(c), Florida Statutes.'., APP' % ED AS TO FORM AND CORRECTNESS: rrt Cr! 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated rerein. whichever is later. City of M/aml File ID: 17618 (Revision:) Printed On: 10/14/2025