HomeMy WebLinkAbout23402AGREEMENT INFORMATION
AGREEMENT NUMBER
23402
NAME/TYPE OF AGREEMENT
ESJ JI LEASEHOLD, LLC
DESCRIPTION
DEVELOPMENT AGREEMENT/DEVELOPMENT OF THE
JUNGLE ISLAND PROJECT/MATTER ID: 20-1578
EFFECTIVE DATE
June 14, 2021
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/11/2021
DATE RECEIVED FROM ISSUING
DEPT.
7/8/2021
NOTE
akerman
June 28, 2021
Via Fedex Overnight Delivery
Todd B. Hannon
City Clerk
City of Miami
3500 Pan American Drive
Miami, FL 33133
Spencer Crowley
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
D: 305 982 5549
spencer.crowley@akerman.com
Re: Recorded Copy of Jungle Island Development Agreement
Dear Mr. Hannon:
We represent ESJ JI Leasehold, LLC ("ESJ") in matters regarding development of the property
at 1111 Parrot Jungle Trail, Miami, FL ("Jungle Island"). Pursuant to Section 42 of the Development
Agreement between the City of Miami, Florida and ESJ regarding Development of the Jungle Island
Project ("Agreement"), copies of the recorded Agreement shall be provided to the City Manager,
Planning Director, City Clerk, and City Attorney within five (5) days of recording.
On this basis, we are providing a recorded copy of the Agreement to you and the other
named City officials, which is attached hereto.
Sinc
V`r
T. Spencer Crowley
Enclosure
58782390;1
This instrument Prepared by and
after Recording Return To:
T. Spencer Crowley, Esq.
Akerman LLP
98 SE 7th Street, Suite 1100
Miami, FL 33131
Folio Nos: 01-3231-000-0014
01-3231-000-0016
01-3231-000-0010
Reserved for Recording
CFN: 20210448670 BOOK 32580 PAGE 2983
DATE:06/24/2021 11:50:49 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI, FLORIDA AND ESJ JI
LEASEHOLD, LLC, REGARDING DEVELOPMENT
OF THE JUNGLE ISLAND PROJECT pp+
THIS DEVELOPMENT AGREEMENT is entered this t i day of ,
20at , and effective as of the 1 • day of , 20 eZ, by and between ESJ JI
Leasehold, LLC, a Florida limited liability company ("ESJ"), and the CITY OF MIAMI,
FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City")
(ESJ and the City together referred to as the "Parties").
WITNESSETH:
WHEREAS, the City holds fee simple title to approximately 18.61 acres of upland
waterfront property and submerged lands in and around Watson Island in Biscayne Bay, located
on the northeast of the MacArthur Causeway, and generally bounded by Biscayne Bay on the north
and the Parrot Jungle Trail service road on the cast and south, as more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property"); and
WHEREAS, following City voter approval in a public referendum that occurred in 1995,
on September 2, 1997, pursuant to City Commission Resolution R-96-0671, the City and Parrot
Jungle and Gardens, Inc. ("Prior Lessee") entered into a Lease and Development Agreement that
authorized Prior Lessee to develop and operate a botanical gardens and theme park known as Parrot
Jungle & Gardens of Watson Island on the Property ("Lease") and said Lease has been amended
several times, most recently on March 6, 2019 (the "Fifth Amendment"); and
WHEREAS, on April 14, 1998, pursuant to City Commission Resolution R-98-0376, the
City Commission approved a Major Use Special Permit (MUSP) for development of the Parrot
Jungle botanical gardens and theme park contemplated in the Lease, including 172,444 square feet
of visitor attraction spaces with accessory commercial spaces and 588 parking spaces, which was
later modified on November 16, 2000, pursuant to City Commission Resolution R-00-1032, to
reconfigure the location of the ballroom facilities and other site improvements (collectively,
"Jungle Island"); and
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WHEREAS, on April 4, 2017, pursuant to City Commission Resolution R-16-0567, the
City, Prior Lessee, and ESJ entered into an Assignment and Assumption Agreement and
Termination of Sublease, recorded on April 6, 2017 at Official Records Book 30486, Page 2539
of the Public Records of Miami -Dade County, Florida, wherein the Prior Lessee assigned all of its
right, title, and interest in the Lease, as amended, and in Jungle Island to ESJ; and
WHEREAS, on August 28, 2018, pursuant to City Commission Resolution R-18-0232,
the City held a referendum and voters approved a Charter amendment to waive competitive
bidding and approve a fifth modification to the Lease with ESJ, extending the term of the Lease
and allowing ESJ to pursue development of a new hotel and attractions on the Property, with a
maximum one hundred thirty foot (130') height (the "Referendum"); and
WHEREAS, ESJ wishes to redevelop the existing parking garage at the Property pursuant
to the Lease, with (1) a new hotel with up to 300 lodging units, having ancillary retail and/or
restaurant space and meeting room space ("Jungle Island Hotel"), which will enhance and
modernize one of the City's most iconic destination theme parks, and (2) additional attractions and
modifications in the Jungle Island SAP as defined below and as set forth in Exhibit C, while
preserving the lush.tropical botanical gardens at the Jungle Island theme park ("Project")
WHEREAS, the Project will generate additional annual rent payments to the City based
on a percentage of gross revenues from the Jungle Island Hotel, establish a signature pedestrian
staircase connection to the Ichimura-Miami Japanese Gardens, and provide additional public
benefits as set forth in this Agreement and the Lease; and
WHEREAS, the Property has a designation of Public Parks & Recreation on the future
land use map of the Miami Comprehensive Neighborhood Plan ("Comprehensive Plan"), and the
Property has a zoning transect designation of Civic Space on the official Zoning Atlas of the City
("Miami 21 Atlas"); and
WHEREAS, the City and ESJ are proceeding to amend the underlying zoning designation
on the Miami 21 Atlas for the portion of the Property where the Jungle Island Hotel will be located
from Civic Space to T6-12-0, and the City and ESJ are proceeding to amend the underlying future
land use designation in the Comprehensive Plan for the portion of the Property where the Jungle
Island Hotel will be located from Public Parks & Recreation to Restricted Commercial; and
WHEREAS, the City and ESJ wish for development of the Project to proceed in a manner
which is consistent with the proposed future land use map designation and the Comprehensive
Plan; and
WHEREAS, a process exists within Ordinance 13114, the Zoning Code of the City of
Miami, Florida, as amended, ("Miami 21") that allows parcels of more than nine (9) abutting acres
to be master planned to allow greater integration of public improvements and infrastructure (Sec.
7.1.2.8.a.2 of Miami 21), and greater flexibility so as to result in higher or specialized quality
building and streetscape design, and the result of this master planning process is known as a
"Special Area Plan" or "SAP"; and
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WHEREAS, to develop the Project as approved by the Lease, the Fifth Amendment and
the Referendum, ESJ and the City wish to designate the Property as a Special Area Plan under
Miami 21 ("Jungle Island SAP"); and
WHEREAS, Miami 21 requires that development of the Project under the Jungle Island
SAP be governed by a development agreement between ESJ and the City; and
WHEREAS, the City and ESJ wish for development of the Project to proceed substantially.
in, accordance with the Jungle Island SAP Regulating Plan and Concept Plans attached hereto as
Exhibit "B"; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning; and
WHEREAS, assurance to a developer that it may proceed in accordance with existing laws
and policies, subject to the conditions of a development agreement, strengthens the public planning
process, encourages sound capital improvement planning and financing, assists in assuring there
are adequate capital facilities for development, encourages private participation in comprehensive
planning, and reduces the economic costs of development; and
WHEREAS, the City Commission, pursuant to Ordinance No. 13974 adopted on
February 25, 2021, has authorized the City Manager to execute this Agreement upon the terms
and conditions as set forth below; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
Section 1. Consideration. The Parties hereby agree that the consideration and
obligations recited and provided for under this Agreement constitute substantial benefits to
both Parties and thus adequate consideration for this Agreement.
Section 2. Rules of Legal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in the plural include the singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof", "hereto", and such similar terms shall refer
to the instant Agreement in its entirety and not to individual sections or articles;
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(e) The Parties hereto agree that this Agreement shall not be more strictly construed against
either the City or ESJ, as all Parties are drafters of this Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into the
Agreement; provided, however, that this Agreement shall be deemed to control in the
event of a conflict between the exhibits and this Agreement.
Section 3. Definitions. Capitalized terms which are not specifically defined herein
shall have the meaning given in Miami 21.
"Agreement" means this Development Agreement Between the City of Miami,
Florida and ESJ JI Leasehold, LLC, regarding Development of the Jungle Island
Project.
"City" means the City of Miami, a municipal corporation and a political.
subdivision of the State of Florida, and all departments, agencies, and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163, Florida
Statutes (2020), meeting the requirements of Section 163.3177, Florida Statutes
(2020), Section 163.3178, Florida Statutes (2020), and Section 163.3221(2),
Florida Statutes (2020), which is in effect as of the Effective Date.
"Development" means the carrying out of any building activity or mining operation,
the making of any material change in the use or appearance of any structure or land,
or the dividing of land into three (3) or more parcels and such other activities described
in Section 163.3164(14), Florida Statutes (2020).
"Effective Date" means 5uve. ( f , 20a3' , the date on which this
Agreement is recorded in Miami -Dade County Official Records.
"Existing Zoning" means the zoning designation and regulations of the Jungle
Island SAP, Miami 21, the City Charter, and the Code of the City of Miami, Florida,
as amended ("City Code"), in effect as of the date that the Jungle Island SAP and
this Agreement are adopted by the City Commission, which comprise the effective
land development regulations governing development of the Property as of the date of
recordation of the Agreement.
"Land" means the earth, water, and air above, below, or on the surface and includes
any improvements or structures customarily regarded as land.
"Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local, state, or federal government
affecting the development of land.
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"Public Facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational,
parks and recreational, streets, parking, and health systems and facilities.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize ESJ to develop
the Project pursuant to the Lease, Referendum and Jungle Island SAP. This Agreement will
establish, as of the Effective Date, the land development regulations which will govern
development of the Project, thereby providing the Parties with additional certainty during the
development process. This Agreement also satisfies Section 3.9.1.f., Miami 21. The allocation of
thoroughfares and civic space types and building area among the building sites are set forth in the
Jungle Island SAP Regulating Plan and Concept Plans, attached as Exhibit "B". The creation
and retention of public benefits are set forth in Section 9 of this Agreement.
Section 5. Intent. ESJ and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Jungle Island SAP, this Agreement, the
Comprehensive Plan and the Florida Local Government Development Agreement Act,
Sections 163.3220 - 163.3243, Florida Statutes (2020).
Section 6. Applicability. This Agreement only applies to the Project.
Section 7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall have
a term of thirty (30) years from the Effective Date and shall be recorded in the public records of
Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended
by mutual consent of the Parties subject to public hearing(s), pursuant to Section 163.3225, Florida
Statutes (2020). This Agreement shall become effective on the Effective Date and shall constitute
a covenant running with the land that shall be binding upon, and inure to, the benefit of the parties,
their successors, assigns, hcirs, legal representatives, and personal representatives.
Section S. Permitted Development. Uses, and Building Intensities.
(a) Jungle Island SAP Designation. The City has designated the Property as the Jungle
Island SAP on the official Zoning Atlas of the City, pursuant to the applicable
procedures in Miami 21. The Jungle Island SAP Regulating Plan and Concept
Plans are attached as Exhibit "B". In approving the Jungle Island SAP, the City
has determined that the uses, intensities and densities of development permitted
thereunder are consistent with the Comprehensive Plan and the Existing Zoning.
The Jungle Island SAP assigns 18.3% (117,750 square feet) of its aggregated lot
arca to Civic Space Types, in compliance with Section 3.9.1.e of Miami 21. As
provided for in the SAP Regulating Plan, the civic space diagram in the SAP
Concept Plans may be modified by process of SAP Permit for the purpose of
changing the allocation of Civic Space Types, so long as the minimum required
amount of Civic Space Types (5 percent of aggregated SAP lot area) is provided.
(b) Density, Intensity, Uses, and Building Heights.
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Section 9.
(i)
As of the Effective Date and pursuant to the overall density limitations in
the Jungle Island SAP, the density proposed for the Property shall not
exceed 300 lodging units.
(ii) The non-residential Development permitted on the Property includes the
following uses: office, hotel, retail, restaurant, botanical gardens,
recreational activities including theme parks, cultural, educational and
entertainment facilities, attractions, and any other uses permitted by the
Existing Zoning.
(iii) Notwithstanding any provision of the Existing Zoning to the contrary, the
Beachfront Recreation Area, as is described in the SAP Regulating Plan
(inclusive of a chickee hut, food trucks (as defined by Section 31-51 of the
City Code), furniture and moveable fixtures, storage trailcr(s), restroom
trailer(s), accessory moveable bar counter(s), disc jockey stand/booth, towel
stand(s), food and alcoholic beverage services, and any other similar uses,
structures, or objects that may be utilized for this attraction), is permitted by
right. Because this attraction is permitted by right under the terms of the
SAP Regulating Plan, no part of the Beachfront Recreation Area shall be
subject to Article XIII, Chapter 62 of the City Code.
(iv)
(v)
As of the Effective Date and pursuant to the Jungle Island SAP, the maximum
height for the Project shall be 130 feet, in accordance with all relevant
definitions in the Existing Zoning.
Nothing herein shall prohibit ESJ from requesting an increase in the
density or intensity of Development permitted on the Property, as long as
such increase in density or intensity is consistent with the Comprehensive
Plan, Existing Zoning, the Jungle Island SAP, and this Agreement as it
exists on the Effective Date.
Public Benefits. The following public benefits are being provided in connection
with the Project. As
1) Make
fence,
is indicated in the Lease, ESJ is required to:
repairs to stabilize the riprap portion of seawall, install new perimeter
and engage in beach re -nourishment following hurricane damage;
2) If and only if a master permit for the Jungle Island Hotel is issued and ESJ
commences construction on the hotel, provide $700,000 for thc Ichimura-Miami
Japanese Gardens, which includes hard and soft costs of building a connector
from the Jungle Island Hotel to the Japanese Gardens plus annual repairs and
maintenance to the Japanese Gardens for 10. years starting from the date of
issuance of thc master permit for the hotel;
3) If and only if a master permit for the Jungle Island Hotel is issued and ESJ
executes and delivers the documents required for applicant to obtain funding
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from PACE or a similar green energy program, then ESJ shall develop and green
energy educational facility focusing on wind and solar energy at Jungle Island;
Upon approval of the Referendum, pay $100,000 to the City for affordable
housing and contribute annually to the City the sum of $35,000 per year
commencing on January 1, 2021 to the Liberty City Community Revitalization
Trust for the duration of the term of the Lease;
5) Upon issuance of any building permit for the Jungle Island Hotel, ESJ shall pay
an additional $300,000 to the City for affordable housing;
6) Upon issuance of a TCO (or CO if no TCO issued) for the Jungle Island Hotel,
ESJ shall pay an additional $350,000 to the City for affordable housing;
7) Upon approval of the Referendum, pay up to $250,000 to City for purchase of a
trolley on or before January 1, 2020, provided that the trolley has a scheduled
stop at Jungle Island and the City provides applicant with the right to paint or
wrap the trolley with advertising displays (interior and exterior) for marketing of
Jungle Island;
8) Provide free training scholarship at Jungle Island to at least 6 students for a 6
week summer program related to horticulture, tourism, and the environment;
9) Provide 20% discount to City of Miami for any functions held at Jungle Island,
including food and gifts; and
10) Provide discounted tickets to Jungle Island as follows:
a. Schools, $12.00
b. First responders, 50% discount
c. Family of first responders, 15% discount
d. Military, 50% discount
e. Family of active military, 15% discount
f. Veterans, 15% discount
g. Miami -Dade County school teachers, complimentary calendar year
annual pass with school ID
h. Memorial Day, veterans complimentary admission
i. Senior citizens, 15% discount
Section 10. Financial Obligations. ESJ must remain current on all financial obligations to the
City, including but not limited to all financial obligations under this Agreement, the Referendum,
and the Lease, as may be amended. However, the Parties understand and acknowledge that on the
Effective Date certain financial obligations relating to deferred rent and HUD Loan payments, that
were incurred by the previous owners of Jungle Island (the "Previous Financial Obligations"), are
not current and are the subject of ongoing debt restructuring negotiations between the City and
ESJ, and further that the Previous Financial Obligations shall not be cause for default under this
Agreement, and shall not be the basis for withholding a Permit or inspection pursuant to Section
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29 of this Agreement. Any debt restructuring related to the Previous Financial Obligations or
extension(s) of time on payment obligations of ESJ must be approved by resolution of the City
Commission.
Section 11. Development Schedule. If ESJ does not obtain the Master Building Permit for the
subject hotel by March 6, 2023 and TCO for the subject hotel within six (6) years of obtaining the
Master Building Permit, with any extension(s) due to force majeure being approved by resolution
of the City Commission, then the City may terminate or amend this Agreement after providing
thirty (30) days written notice to ESJ and after two (2).public hearings before the City Commission.
Section 12. Jungle Island Project Approval.
(a) Future Development Review. Future Development on the Property shall proceed
pursuant to a process established in the Jungle Island SAP Regulating Plan and
Concept Plans and shall be consistent with the Comprehensive Plan, this
Agreement, and the Jungle Island SAP.
(b) Prohibition on Downzoning.
(i)
The Comprehensive Plan, this Agreement, and the Jungle Island SAP shall
govern Development of the Property for the Term of the Agreement.
The City's laws and policies adopted after the Effective Date may be
applied to the Property only if the determinations required by Section
163.3233(2), Florida Statutes (2020) have been made after thirty (30) days
written notice to ESJ and after a public hearing.
(ii) Pursuant to Section 163.3233(3), Florida Statutes (2020), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to ESJ under Florida or Federal law. As a result, ESJ may challenge
any subsequently adopted changes to land development regulations
based on (A) common law principles including, but not limited to, equitable
estoppel and vested rights, or (B) statutory rights which may accrue by
virtue of Chapter 70, Florida Statutes (2020). The City reserves all of its
defenses, immunities, and any claims it may have in response to the right
to challenge changes in the land development regulations.
Section 13. Local Development Permits.
(a) Development of the Property in accordance with the Existing Zoning is
contemplated by ESJ. The Project may require additional permits or approvals
from the City, Miami -Dade County, State of Florida, or Federal government
and any divisions thereof. Subject to required legal process and approvals, the
City shall make best efforts to take all reasonable steps to cooperate with
and aid in faciliting all such approvals. Such approvals include, without
limitation, the following approvals and permits and any successor or analogous
approvals and permits:
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(i) Subdivision plat (including public right-of-way vacation/closure),
platting exemption, or waiver of plat approvals;
(ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrictive Covenant
acceptance or the release of existing unities or covenants;
(iii) Building permits;
(iv) Certificates of use;
(v) Certificates of occupancy;
(vi) Stormwater permits;
(vii) Any other official action of the City, Miami -Dade County, or any
other government agency having the effect of permitting Development
of the Project.
(b) In the event that the City substantially modifies its land development
regulations regarding site plan approval procedures, authority to approve any site
plan for a project on the Property shall be vested solely in the City Manager's
designee(s), with the recommendation of the Planning Director and other
departments, as applicable. Any such site plan shall be approved if it meets the
requirements and criteria of the Existing Zoning, the Comprehensive Plan, and
the terms of this Agreement.
Section 14. Local Hiring. ESJ will prioritize hiring from zip codes in the City, and will work
through City Commission offices and CareerSource to help identify qualified applicants for
positions during construction, with a goal of hiring 25% of the workforce from City zip codes.
Qualified City residents will receive first priority for hiring both during and after construction
of the Jungle Island Hotel. ESJ will hold two advertised jobs fairs in the City, in order to attract
and hire City residents for the Project.
Section 15. Consistency with Comprehensive Plan. The City finds that Development of the
Property in conformity with the Existing Zoning is consistent with the Comprehensive Plan.
As of the Effective Date, ESJ is conducting an extensive analysis of the Public Facilities
available to serve the Project. In the event that the Existing Zoning or the Comprehensive
Plan requires ESJ to provide additional Public Facilities to accommodate the Project, ESJ will
provide such Public Facilities, at ESJ's sole cost and expense. consistent with the timing
requirements of Section 163.3180, Florida Statutes (2020). Developer shall be bound by the
City impact fees and assessments in existence as of the Effective Date of this Agreement.
Section 16. Necessity of Complying with Regulations Relative to Development
Permits. ESJ and the City agree that the failure of this Agreement to address a particular permit,
condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve ESJ
of the necessity of complying with the regulation governing said permitting requirements,
conditions, fees, terms, licenses, or restrictions. Additionally, ESJ shall comply with all
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applicable laws, ordinances, and regulations including but not limited to the Florida Building
Code and Florida Fire Prevention Code to ensure the safety of the Project and all City residents
and guests.
Section 17. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit
the Development of the Property in accordance with the Existing Zoning, the
Comprehensive Plan, and this Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity
of Development permitted on the Property in a manner consistent with (i) the
Existing Zoning and the Comprehensive Plan, (ii) any zoning change
subsequently requested or initiated by ESJ in accordance with applicable
provisions of law, or (iii) any zoning change subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of
vested rights or equitable estoppel, obtained or held by ESJ or its successors or
assigns to continue Development of the Property in conformity with Existing
Zoning and all Development permits or Development orders granted by the City
concerning this Project.
Section 18. Annual Review.
(a) ESJ shall provide the City on an annual basis a status, and annual report of the
Project in order for the City to conduct an annual review of the Development. The
annual report shall contain a section by section description of ESJ's compliance
with its obligations under this Agreement. ESJ must specifically provide proof that
ESJ is current on all Financial Obligations to the City. This annual report
requirement shall commence twelve (12) months after the Effective Date.
(b) During its annual review, the City may ask for additional information not provided
by ESJ. Any additional information required of ESJ during an annual review
shall be limited to that necessary to determine the extent to which ESJ is
proceeding in good faith to comply with the terms of this Agreement.
(c) If the City finds on the basis of competent substantial evidence that ESJ has not
proceeded in good faith to comply with the terms of the Agreement, the City may
terminate or amend this Agreement after providing thirty (30) days written
notice to ESJ and after two (2) public hearings before the City Commission.
Section 19. Notices.
(a) All notices, demands, and requests which may or are required to be given hereunder
shall, exceptas otherwise expressly provided, be in writing and delivered by
personal service or sent by United States Registered or Certified Mail, return receipt
requested, postage prepaid, or by overnight express delivery, such as Federal
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To the City:
To ESJ:
Express, to the Parties at the addresses listed below. Any notice given pursuant to
this Agreement shall be deemed given when received. Any actions required to be
taken hereunder which fall on Saturday, Sunday, or United States legal holidays
shall be deemed to be performed timely when taken on the succeeding day
thereafter which shall not be a Saturday, Sunday, or legal holiday.
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
ESJ JI Leasehold, LLC
Attn: Elie Mimoun
19950 W Country Club Drive
Suite 800
Aventura, FL 33180
With a copy to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Avenue, 91h Floor
Miami, FL 33130
With a copy to:
Akcrman LLP
Attn: Spencer Crowley
Three Brickell City Centre
98 SE 7th Street, Suite 1100
Miami FL 33131
(b) Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining Parties pursuant to the terms and conditions of
this section.
Section 20. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto, that this Agreement shall be governed by the laws of
the State of Florida, and any applicable federal law, both as to interpretation and performance,
and that any action at law, suit in equity, or judicial proceedings for the enforcement of this
Agreement or any provision hereof shall be instituted only in the courts of the State of Florida
or federal courts and venue for any such actions shall lie exclusively in a court of competent
jurisdiction in Miami -Dade County. In addition to any other legal rights, the City and ESJ
shall each have the right to specific performance of this Agreement in court. Each Party shall
bear its own attorney's fees. Each party waives .any defense, whether asserted by motion or
pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover,
the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive
any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial.
Section 21. No Oral Change or Termination. This Agreement and the exhibits
and appendices appended hereto and incorporated herein by reference, if any, constitute the entire
Agreement between the Parties with respect to the subject matter hereof. This Agreement
supersedes any prior agreements or understandings between the Parties with respect to the
subject matter hereof, and no change, modification, or discharge hereof in whole or in part
shall be effective unless such change, modification, or discharge is in writing and signed by the
party against whom enforcement of the change, modification, or discharge is sought and
recorded in the public records of Miami -Dade County, or as otherwise specified in this
Agreement. Any modification requires two (2) public hearings before the City Commission
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in accordance with Florida Statutes Section 163.3225 (2020). This Agreement cannot be
changed or terminated orally.
Section 22. Compliance with Applicable. Law. Subject to the terms and conditions of this
Agreement, throughout the Term of this Agreement, ESJ and the City shall comply with
all applicable federal, state, and local laws, rules, regulations, codes, ordinances, resolutions,
administrative orders, permits, policies and procedures, and orders that govern or relate to the
respective Parties' obligations and performance under this Agreement, all as they may be
amended from time to time.
Section 23. Representations; Representatives. Each Party represents to the other that
this Agreement has been duly authorized, delivered, and executed by such party and constitutes
the legal, valid, and binding obligation of such Party, enforceable in accordance with its terms.
Section 24. No Exclusive Remedies. No remedy or election given by any provision in
this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the
remedies granted hereunder upon a default of the other Party shall be cumulative and in
addition to all other remedies at law or equity arising from such event of default, except where
otherwise expressly provided.
Section 25. Failure to Exercise Rights not a Waiver; Waiver Provisions. The failure by
either Party to promptly exercise any right arising hereunder shall not constitute a waiver of such
right unless otherwise expressly provided herein. No waiver or breach of any provision of
this Agreement shall constitute a waiver of any subsequent breach of the same or any other
provision hereof, and no waiver shall be effective unless made in writing.
Section 26. Events of Default.
(a)
ESJ shall be in default under this Agreement if ESJ fails to perform or breaches any
term, covenant, or condition of this Agreement which is not cured within thirty (30)
days after receipt of written notice from the City specifying the nature of such
breach; provided, however, that if such breach cannot reasonably be cured within
thirty (30) days, then ESJ shall not be in default if it commences to cure such breach
within said thirty (30) day period and diligently prosecutes such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform or
breaches any term, covenant, or condition of this Agreement and such failure is not
cured within thirty (30) days after receipt of written notice from ESJ specifying the
nature of such breach; provided, however, that if such breach cannot reasonably be
cured within thirty (30) days, the City shall not be in default if it commences to
cure such breach within said thirty (30) day period and diligently prosecutes such
cure to completion.
(c)
57391412;2
It shall not be a default under this Agreement if either Party is declared bankrupt
by a court of competent jurisdiction. All rights and obligations in this Agreement
shall survive such bankruptcy of either party. The Parties hereby forfeit any right
to terminate this Agreement upon the bankruptcy of the other party. This section
does not absolve ESJ of any of its obligations pursuant to the City Code should it
Page 12 of 22
CFN: 20210448670 BOOK 32580 PAGE 2995
declare bankruptcy, including but not limited to ensuring that all construction sites,
buildings, structures, and excavation sites are safe.
(d) The default of a successor or assignee of any portion of ESJ's rights hereunder shall
not be deemed a breach by ESJ.
Section 27. Remedies Upon Default.
(a) Neither Party may terminate this Agreement upon the default of the other Party,
except as specifically provided in this Agreement, but shall have all of the remedies
enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement not cured within the
applicable grace period, ESJ and the City agree that any party may seek specific
performance of this Agreement, and that seeking specific performance shall not
waive any right of such party to also seek monetary damages, injunctive relief, or
any other relief other than termination of this Agreement (unless specifically
provided for in this Agreement). Each Party shall bear its own attorney's fees in
any such action.
Section 28. Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to beinvalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
persons or circumstances other than thosc as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect.
Section 29. Authorization to Withhold New Permits. In the event that ESJ is not current on its
Financial Obligations (other than the Previous Financial Obligations), and/or is not in compliance
with the terms of this Agreement, including but not limited to ESJ's obligations to make payments,
make improvements, or take or refrain from taking any other action under this Agreement, the
City, in addition to any other remedies available, is authorized to withhold any new Permits.
Additionally, the City, may refuse to perform inspections that do not relate to the Florida Building
Code or present a life and safety concern. For the avoidance of doubt, the City may not use the
Previous Financial Obligations as the basis for withholding a Permit or inspection pursuant to this
Section.
Section 30. Assignment and Transfer. This Agreement shall be binding on ESJ and its heirs,
successors, and assigns, including the successor to or assignee of any property interest in the
Property ("Property Interest"). ESJ, at its sole discretion, may assign, in whole or in part, this
Agreement or any of its rights and obligations hereunder, or may extend the benefits of this
Agreement, to any holder of a Property Interest without the prior written consent or any other
approval of the City. Any such assignee shall assume all applicable rights and obligations under
this Agreement. ESJ shall provide written notice of any such assignment to the City in accordance
with the Notices section herein. Any reference to ESJ in this Agreement also applies to any heir,
successor, or assignee of ESJ.
Section 31. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary tern or provision contained herein, in the event of any lawful termination of this
Page 13 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 2996
Agreement, the following obligations shall survive such termination and continue in full force and
effect until the expiration of a one (1) year tern following the earlier of the effective date of such
termination or the expiration of the Term: (i) the exclusive venue and choice of law provisions
contained herein; (ii) rights of any party arising during or attributable to the period prior to
expiration or earlier termination of this Agreement; and (iii) any other term or provision herein
which expressly indicates either that it survives the termination or expiration hereof or is or may
be applicable or effective beyond the expirationor permitted early termination hereof.
Section 32. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and ESJ and neither ESJ nor its employees,
agents, contractors, subsidiaries, divisions, affiliates, or guests shall be deemed agents,
instrumentalities, employees; or contractors of the City for any purpose hereunder, and the City,
its contractors, agents, and employees shall not be deemed contractors, agents, or employees of
ESJ or its subsidiaries, divisions, or affiliates.
Section 33. Cooperation, Expedited Permitting, and Time is of the Essence.
(a) The Parties agree to cooperate with each other to the full extent practicable pursuant
to the terms and conditions of this Agreement. The Parties agree that time is of the
essence in all aspects of their respective and mutual responsibilities pursuant to this
Agreement. The City shall use its best efforts to expedite the permitting and
approval process in an effort to assist. ESJ in achieving its Development and
construction milestones. The City will accommodate requests from ESJ's general
contractor and subcontractors for review of phased or multiple permitting packages,
such as those for excavation, site work and foundations, building shell, core, and
interiors. In addition, the City Manager will designate an individual who will have
a primary (though not exclusive) duty to serve as the City's point of contact and
liaison with ESJ in order to facilitate expediting the processing and issuance of all
permit and license applications and approvals across all of the various departments
and offices of the City which have the authority or right to review and approve all
applications for such permits and licenses.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue any permit
to the extent ESJ does not comply with the applicable requirements of the Existing
Zoning, the Comprehensive Plan, this Agreement, applicable building codes, and
any other statute, ordinance, rule, or regulation.
Section 34. Enforcement.
(a) Inthe event that ESJ, its successors, or assigns fails to act in accordance with the
terms of the Existing Zoning or this Agreement, the. City shall seek enforcement of
said violation upon the Property, or otherwise.
(b) Enforcement of this Agreement shall be by action at law or in equity against any
Parties or person violating, or attempting to violate, any covenants set forth in this
Agreement, including recovering damages.
Page 14 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 2997
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity, or both.
(d) Each party shall bear its own attorneys' fees, expenses, and costs.
Section 35. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its Term except by mutual written agreement of ESJ and the City
(except as expressly provided otherwise herein including at Section 15(c)). Prior to any
amendment or termination of this Agreement during its Term, the City shall hold two (2) public
hearings before the City Commission to consider and deliberate such amendment or termination.
Any amendment or termination shall be recorded in the public records of Miami -Dade County at
ESJ's sole cost and expense.
Section 36. Indemnity. ESJ agrees to indemnify, defend, and save harmless the City against
and from any and all claims by or on behalf of any person, firm or corporation, arising, (other than
due to the City's gross or wanton negligence against the Subject Property) from any Work in or
about the Property. ESJ also agrees to indemnify, defend and save the City harmless against and
from claims and damages arising (other than due to the City's gross or wanton negligence), during
the term of the lease from a hazardous condition of the Property, or arising, other than due to the
City's gross or wanton negligence, from any breach or default on the part of ESJ to be performed,
pursuant to the terms of this Agreement, or arising from any act or negligence of ESJ or any of its
agents, contractors, servants, employees or licensees, or arising, (other than due to the City's gross
or wanton negligence) from any accident, injury or damage caused to any person occurring during
the Term in or on the Property, and from and against all costs, counsel and legal fees, expense and
liabilities incurred in any claim or action or proceeding brought thereon. In case any action or
proceeding be brought against the City by reason of a claim, ESJ, upon notice from the City, shall,
at its expense, resist or defend the action or proceeding by counsel reasonably satisfactory to the
City. If ESJ should be required to defend any action or proceeding pursuant to this Section, to
which action or proceeding the City is made a party, the City shall also be entitled to appear,
defend, or otherwise take part in the matter involved, at its election, and at the sole expense of ESJ
(except ESJ shall not be obligated to pay counsel fees when an insurance carrier is obligated to
and does defend the City), by counsel located within Miami -Dade County of its own choosing,
provided this action by the City does not limit or make void any liability of any insurer of the City
or ESJ in respect to the claim or matter in question and provided that the legal fees and costs are
reasonable. The foregoing agreements of indemnity are in additional to and not by way of
limitation of any other covenants in this Agreement to indemnify the City. The foregoing
agreements of indemnity by ESJ do not apply to any claims of damages arising out of the failure
of the City to perform acts or render services in its municipal capacity. City owns the Property and
ESJ is developing the Projcct, and as such the City and ESJ are partners in the Jungle Island SAP,
and will partner to defend any challenge orcause of action to the Jungle Island SAP and
development Agreement, with each covering its own costs and attorney's fees.
Section 37. Successors, Assigns, Heirs, Grantees, and Designees. The rights, covenants and
obligations set forth in this Agreement extend to ESJ, its successor(s), heir(s), grantee(s), and
assign(s).
Page 15 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 2998
Section 38. Headings. The section headings contained in this Agreement are for reference
purposes only and shall not affect the meaning or interpretation of this Agreement.
Section 39. No Conflict of Interest. ESJ agrees to comply with Section 2-612 of the City Code
as of the Effective Date, with respect to conflicts of interest.
Section 40. No Third -Party Beneficiary. No persons or entities other than ESJ and the City,
their heirs, permitted successors, and assigns, shall have any rights whatsoever under this
Agreement.
Section 41. Counterparts/Electronic Signature. This Agreement may be executed in two (2) or
more counterparts, each of which shall constitute an original but all of which, when taken together,
shall constitute one and the same agreement. The Parties shall be entitled to sign and transmit an
electronic signature of this Agreement, including facsimile, PDF, or other email transmission,
which signature shall be binding on the party whose name is contained therein.
Section 42. Recording. This Agreement shall be recorded in the Public Records of Miami -
Dade County, Florida by ESJ at ESJ's sole expense and shall inure to the benefit of the City.
Copies of the recorded Agreement shall be provided to the City Manager, Planning Director, City
Clerk, and City Attorney within five (5) days of recording.
Section 43. Status. Upon request from time to time by ESJ, or its successor, assigns, or any
mortgagee of ESJ, its successor, or assign, the City shall deliver to such requesting party a letter
(in recordable form, if requested) stating whether the obligations of ESJ or its successor or assign
under this Agreement are current and in good standing or have been satisfied. In the event ESJ or
its successor or assign is not current in its obligations or such obligations are not satisfied, said
letter shall state the particular manner in which such person's obligations under this Agreement are
not current and in good standing or have not yet been satisfied.
Section 44. Estoppel. Within forty-five (45) days of receipt of written request from ESJ, the
City Manager or his designee, on behalf of the City, shall execute an estoppel certificate or similar
document, in form and substance reasonably acceptable to the City Attorney, affirming ESJ'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 ESJ's compliance with the terms of the Agreement.
Section 45. PACE. The City Commission hereby ratifics and consents to (i) the execution of
the PACE Agreement dated August 9, 2017 by ESJ and the Green Corridor PACE District and (ii)
placing the PACE special assessment on the Property tax bill. The City Commission also hereby
consents to future PACE financing on the Property deemed necessary by ESJ.
Section 46. BOAT MOORING. The City and ESJ shall work together to establish a process
for guests and customers of Jungle Island to utilize the City's managed mooring field east of
Watson Island, and ESJ shall encourage those guests and customers arriving at Jungle Island by
boat to anchor in this mooring field whenever possible. ESJ agrees to support and cooperate in
any City application to establish a boating restricted area in the waters north of the Property and
south of Venetian Islands, pursuant to Section 327.46, Florida Statutes (2020). Under State law, a
Page 16 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 2999
vessel -exclusion zone or other restrictions on vessel speeds and traffic may only be established if
an application from the City is approved by the Fish and Wildlife Conservation Commission.
NOW, WHEREOF, the City and ESJ have caused this Agreement to be duly executed.
[Signature blocks for City and ESJ on next pages]
Page 17 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 3000
Signed, witnessed, executed and acknowledged this I l day of , 20 �.
ATTEST:
THE CITY OF MIAMI,
a Florida municipal corporation
od.d Hannon, Ciy.Cler . By:
APPROVAL FROM THE PLANNING
DEPARTMENT AS TO CONTENT:
Ccsar Gar
APPROVE
AND C
i)
Victor endez, C' Att y
vvi
U\ .
lanning 'rector
S:
GAL FORM
4-1-44311
57391412;2
Page 18 of 22
Arthur No e V, City Manager
CFN: 20210448670 BOOK 32580 PAGE 3001
Signed, witnessed, executed and acknowledged this i9 S day of
Witnessed by:
Printed( 0110.1 F- ;1-eY3
C:nte61-
STATE OF 1-`0y► AG-) )
) ss:
COUNTY OF 'ti,Yfl hex )
, 20.
ESJ JI LEASEHOLD, LLC,
a Florida limited liability company Its
Manager ESJ Capital Partners, LLC
By:
Name: �� rfil -14(
g+600
Title: ' GtvICL`
}ioNe ti^
The foregoing instrument was acknowledged before me by [ physical presence or [ ]
online notarization this 9-5 day of k 1-1, - , 20,"1 by j yto,cA,ri Q4100 V_r- ,
the mktaty_ _:-- ---- - ESJ JI LEASEHOLD, LLC, a Florida limited liability company.
He/She is persally known to me or presented as identification and who did
not take an oath.
Notary Public, State of
11111L1C(--1
NOTARY SEAL/ STAMP Print Name
•ty,H,'(?Ug'•, RACHAEL PETERS
k ,; MY COMMISSION # GG 202849
Po? EXPIRES; August 2, 2022
"My:F , Bonded Thn, Notary Public Underwriters
Page 19 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 3002
Exhibit "A"
Legal Descriptions of the Property
PARCEL I:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Commence at.a point known as P.T. STATION 25+50 of the official map of location and survey
of a portion of section 8706, designated as a part of State Road A-1-A in Dade County, Florida as
recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point
being the point of tangcncy of the centerline of the most Northerly curve of general Douglas
Mac Arthur Causeway, running Southeasterly from the Northwesterly corner of Watson Island and
having a radius of 1432.69 feet and a central angle of 62°00'00"; thence run N60°52'45"E, along
the Northeasterly prolongation of the radial line of the above mentioned curve for a distance of
670.74 feet to the POINT OF BEGINNING of the parcel to be described. Said point being also
the POINT OF BEGINNING of lease area 1 Miami Yacht Club; thence S09°52'53"E, along the
Southwesterly line of said lease area 1 and its Southeasterly extension for 857.30 feet; thence
S60°52'45"W, for 223.24 feet to its intersection with a line parallel and 100 feet Northeasterly of
the most Northerly right-of-way line of said Mac Arthur causeway; thence N29°07'15"W, parallel
to said right-of-way for 1100.97 feet to a point of tangency; (A) thence along a tangential curve
concave to the southwest having a radius of 800.00 feet, a central angle of 25°16'16" for an arc
distance of 352.85 feet, thence S90°00'00"W for 94.95 feet to its intersection with the northerly
right-of-way line of said Mac Arthur Causeway and a circular curve concave to the Southwest,
said point bears S41°51'52"W from its center; (B) thence along said curve having for its elements
a radius of 1090.64 feet, a central angle of 6°47'18" for an arc distance of 129.22 feet to a point of
compound curvature; (C) thence along a compound curve concave to the southwest having for its
elements a radius of 1441.25 feet, a central angle of 20°27'49" for an arc distance of 514.75 feet;
(D) thence N34°54' 16"E for 338.29 feet; thence S55°05'44"E for 726.47 feet to its intersection with
the approximate shoreline of Biscayne Bay; thence continue along said shoreline for following
eight course (1) S88°21'37"E for 63.38 feet; (2) thence S86°09'34"E for 68.47 feet; (3) thence
S82°33'21"E for 131,22 feet; (4) thence S72°18'34"E for 82.71 feet; (5) thence S69°29'02"E for
102.34 feet; (6) thence S67°53'24"E for 82.52 feet; (7) thence S69°05'26"E for 94.62 feet;
(8) thence N80°40'44"E for 48.77 feet to its intersection with the southwesterly line of said lease
area 1; thence S08°07'15"E along said line for 288.12 feet to thepoint of beginning and there
terminating.
Said lands lying and being on Watson Island, Dade County Florida and containing 810,795 square
feet (18.61 acres), more or less.
LESS AND EXCEPT:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Commence at a point known as P.T. STATION 25+50 of the official map of location and survey
of a portion of section 8706, designated as a part of State Road A-1-A in Dade County, Florida as
Page 20 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 3003
recorded in Plat Book 56 at Page 71 of the Public Records of Dade County, Florida, said point
being the point of tangency of the centerline of the most Northerly curve of general Douglas Mac
Arthur Causeway, running Southeasterly from the Northwesterly corner of Watson Island and
having a radius of 1432.69 feet and a central angle of 62°00'00"; thence N60°52'45"E, along the
Northeasterly prolongation of the radial line of the above mentioned curve for a distance of 130.00
feet to a point on the easterly right-of-way line of said Mac Arthur Causeway as recorded in
Official Records Book 18018, at page 1171 and Official Records Book 18699, at page 1236 of the
Public Record of Dade County Florida; thence N29°07'15"W, along said right-of-way line, 256.28
feet to a point of curvature of a curve concave to the southwest; thence northwesterly along the arc
of said curve having a radius of 926.00 feet and a central angle of 25°46'26", a distance of 416.55
feet; thence N54°53'41 "W, 3.51 feet to a point of beginning; thence continue N54°53'41"W, 157.45
feet to a point of curvature of a curve concave to the southwest, thence northwesterly along the arc
of said curve having a radius of 1454.25 feet to a central angle of 16°22'32", a distance of 415.64
feet; thence N18°43'47"E, radially to last and next described curves, a distance of 4.77 feet to a
point on a non -tangent curve, concave to the southwest thence northwesterly along the arc of said
curve, having a radius of 1459.02 feet and a central angle of 03°50'38", a distance of 97.89 feet
(the preceding six course and distance being coincident with the easterly and northeasterly right-
of-way line of said Mac Arthur Causeway as recorded in Official Records Book 18018, at Page
1171 and Official Records Book 18699, at Page 1236 of the Public Record of Dade County);
thence S34°54'16"W, 18.80 feet to a point of curvature of a non -tangent curve concave to the
southwest (a radial line to said point bears N14°36'45"E); thence southeasterly along the arc of
said curve, having a radius of 1441.25 and a central angle of 20°27"49", a distance of 514.75 feet
to a point of compound curvature of a curve concave to the southwest; thence southeasterly along
the arc of said curve, having a radius of 1090.64 feet and a central angle of 06°47'18", a distance
of 129.22 feet; thence N90°00'00"E, 35.33 feet to the point of beginning.
TOGETHER WITH THE FOLLOWING LANDS:
PARCEL 2:
That portion of WATSON ISLAND lying and being in Sections 31 and 32, Township 53 South,
Range 42 East, being more particularly described as follows:
Commence at a point known as P.T. Station 25+50 of the origin of location and survey of a portion
of Section 8706, designated as a part of State Road A-1-A, Dade County, Florida as recorded in
Plat Book 56, Page 71 of the Public Records of Miami -Dade County, Florida said point being the
point of tangency of the centerline of the most northerly curve of General Douglas MacArthur
Causeway, running southeasterly from the northwesterly corner of Watson Island and having a
radius of 1432.69 feet and a central angle of 62°00'00"; thence N62°52'45"E, along the
northeasterly prolongation of the radial line of the abovementioned curve for a distance of 670.74
feet; thence S09°52'53"E, 387.30 feet to the Point of beginning; thence continue S09°52'53"E,
470.00 feet; thence N60°52'45"E, 30.75 feet; thence N08°45'06"W, 49.29 feet; thence
N09°52'53"W, 180.24 feet; thence N13°41'45"W, 134.32 feet; thence N13°41'15"W, 94.07 feet;
thence S89°32'37"W, 15.03 feet to the Point of Beginning.
Page 21 of 22
57391412;2
CFN: 20210448670 BOOK 32580 PAGE 3004
Exhibit "B"
Jungle Island SAP Regulating Plan and Concept Plans
Original copies of the Jungle Island SAP Regulating Plan and Concept Plans
are on file and available for public review at the Office of the City Clerk, City of Miami,
located at 3500 Pan American Drive, Miami, FL 33133.
Please refer to File II) 8363 and PZ-19-4392 for copies of the
Jungle Island SAP Regulating Plan and Concept Plans. These files were approved by the
City Commission on February 25, 2021 pursuant to Ordinance No. 13973.
58401860;1
•
56630777;1
EparAVEBV
Exhibit C
Jungle Island SAP Master Plan
-`--..1
^ _.
♦1
•
(C CSC;
I
6B JUNGLE ISLAND SAP MASTER PLAN
°
PARI(f JJNGAE TRAIL
-
•
IMPROVEMENT IMPACT COLOR LEGEND*
I_�.....,� HOTEL/ EXISTING BUILDINGS
. I ACTION ATTRACTIONS
`` ACTIVE ATTRACTIONS
k:''': r•.� PASSIVE ATTRACTIONS
*SEE NEXT PAGE FOR LIST
OF PERMITTED ATTRACTIONS
AND USES IN EACH AREA
•
KEY LEGEND
6 F JUNGLE ISLAND SAP MASTER PLAN
U54"=1tCf
T. EXISTING PARROT BOWL
2 EXISTING JUNGLE THEATRE
3. EXISTING PETTING ZOO AND EDUCATION
.1. EXISTING SERPENTANUIS
5. EXISTING PICNIC AREA
6. EFJS090 PICNIC PAVILIONS.
7 EXISTING CHILI:REN'S ADVENTURE PARR
8. EXISTING TREE WALK VILLAGE
9. ESISONG ROPES WUR0
i0. NEW ACTION POOL
17. NEW ACTION REACH SKIDS SLIDE&SPLASH AREA)
12. NEVI C01NNECTION BEP,',EEN THE PARK AND THE NEW HOTEL
13, NEW OUTDOOR ESENT SPACE ABOVE ExISTING BUILDING
14, NEW RODE GARDEN ABOVE EXISTING BUILDING
15. NEW ROOF GARDEN A904E NEW PA9KING GARAGE
15. NEW HOTEL BUILDING
17. NEW STAIR (ART SCULPTURE) CONNECTING TO THE JAPANESE GARDEN
73. EXISTING JAPAI4ESE GARDEN
11 EXISTING EEACHFRO'IT RECREATION AREA
CFN: 20210448670 BOOK 32580 PAGE 3005
HOTEL/EXISTING BUILDINGS
1. HOTEL AND ASSOCIATED
IMPROVEMENTS
2. PARKING GARAGE AND ROOF
GARDEN
3. BANQUET FACILITY AND
MEETING ROOMS
4. OUTDOOR EVENT SPACE
ABOVE BANQUET FACILITY AND
MEETING ROOMS
56630777;1
PASSIVE ATTRACTIONS
1. TRAILS AND GARDENS
2. JUNGLE RIVER
3. AVIARIES AND BIRD EXHIBITS
4. BIRD NURSERY AND HATCHERY
5. MONKEY EXHIBITS
6. INFANT APE CARE FACILITY
7. FLAMINGO LAKE
8. EVERGLADES LAKE
9. POSING AND PHOTOGRAPHY AREAS
10. TERRARIUM THEATER AND EDUCATION
CENTER
11. REPTILE EXHIBITS
12. AQUATIC EXHIBITS
13. BEACHFRONT RECREATION AREA,
INCLUSIVE OF A CHICKEE HUT, FOOD
TRUCKS (AS DEFINED BY SECTION 31-51 OF
THE CITY CODE), FURNITURE AND
MOVEABLE FIXTURES, STORAGE
TRAILER(S), RESTROOM TRAILER(S),
ACCESSORY MOVEABLE BAR COUNTER(S),
DISC JOCKEY STAND/BOOTH, TOWEL
STAND(S), FOOD AND ALCOHOLIC
BEVERAGE SERVICES, AND ANY OTHER
SIMILAR USES, STRUCTURES, OR OBJECTS.
14. PICNIC PAVILIONS
15. PICNIC AREA
16. BOAT LANDINGS AND DOCKS
17. SERPENTARIUM
18. ESCAPE ROOMS
19. KANGAROO WALKABOUT
20. CAPYBARA ENCOUNTER
21. LEMUR INTERACTIONS
22. SLOTH ENCOUNTERS
23. PETTING ZOO AND EDUCATION
24. RESORT POOL
25. VIRTUAL REALITY MACHINES
26. VIRTUAL REALITY THEATER
27. ARCADE GAMES
28. MOVIE THEATER
29. BOWLING ALLEY
30. LASER TAG
31. POP UP ACTIVATIONS
32. FOOD SERVICE ESTABLISHMENTS
33. ALCOHOL SERVICE ESTABLISHMENTS
34. RETAIL SERVICE FACILITIES
35. ZIP LINES
36. LAZY RIVER/ACTION RIVER
37. NIGHT ACTIVATIONS AND LIGHT SHOWS
(E.G. LUMINOSA)
38. ARTISTIC STAIR CONNECTING HOTEL SITE
TO JAPANESE GARDEN
ACTIVE ATTRACTIONS
1. CHILDREN'S ADVENTURE PARK
2. TREEWALK VILLAGE
3. ROCK WALL
4. PLAYGROUND
5. TRAMPOLINE PARK
6. WATER PLAYGROUND
7. ROPES COURSE
8. MINIATURE GOLF
9. INFLATABLES
10. FLOATING INFLATABLES SLIDES
11. MUSIC AND DANCING
12. ICE SKATING RINK (INDOOR)
13. PARROT BOWL THEATER
14. JUNGLE THEATER
ACTION ATTRACTIONS
1. WIND TUNNEL
2. BUNGEE JUMP
3, WATER RIDES
4. WATER SLIDES
5. WATER SURFING
SIMULATOR
6. ACTION POOL
7. ACTION BEACH
8. KART RACING
CFN: 20210448670 BOOK 32580 PAGE 3006
PSIShip - FedEx Label
Page 1 of 2
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FOLD on this line and place in shipping pouch with bar code and delivery address visible
1. Fold the first printed page in half and use as the shipping label.
2. Place the label in a waybill pouch and affix it to your shipment so that the barcode po
of the label can be read and scanned.
3. Keep the second page as a receipt for your records. The receipt contains the terms qn
conditions of shipping and information useful for tracking your package.
Legal Terms and Conditions
Tendering packages by using this system constitutes your agreement to the service conditions for the transportation oour--
shipments as found in the applicable FedEx Service Guide, available upon request. FedEx will not be responsible for ai clam
in excess of the applicable declared value, whether the result of loss, damage, delay, non -delivery, misdelivery, or
misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.
Limitations found in the applicable FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic
value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct,
incidental, consequential, or special is limited to the greater of 100 USD or the authorized declared value. Recovery cannot
exceed actual documented loss. Maximum for items of extraordinary value is 500 USD, e.g. jewelry, precious metals, negotiable
instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see applicable
FedEx Service Guide. FedEx will not be liable for loss or damage to prohibited items in any event or for your acts or omissions,
including, without limitation, improper or insufficient packaging, securing, marking or addressing, or the acts or omissions of the
recipient or anyone else with an interest in the package. See the applicable FedEx Service Guide for complete terms and
conditions. To obtain information regarding how to file a claim or to obtain a Service Guide, please call 1-800-GO-FEDEX
(1-800-463-3339).
file:///C:/Users/MIASER-'1/AppData/Local/Temp/ZPISO086.htm 6/28/2021